Gazette No. 2112/2010 - Procedure for requesting approval and issuance of the certificate of registered office space destination

National Agency for Fiscal Administration no. 2112/2010 approving the procedure for requesting and issuing the certificate to the space for the head office and the registration of the document attesting the right to use the space used as headquarters, and for approval of the standard forms was published in Official Gazette of Romania, Part I, no. 443, from 1 July 2010.

Pursuant to Art. 12 paragraph. (3) of Government Decision no. 109/2009 on the organization and functioning of the National Agency for Fiscal Administration, as amended and supplemented,
under art. 17 para. (3) of Law no. 31/1990, republished, modified and
further, and art. 7 of Government Ordinance no. 92/2003 regarding the Fiscal Procedure Code, republished, as amended and supplemented,
President of the National Agency for Fiscal Administration issues the following order:

Art. 1. - The Application Process and issuance of the certificate of designation of registered office space and registration of the document certifying the right to use the space used as headquarters, as provided in Annex. 1.
Art. 2. - To approve the form and content of the following forms:
a) "Application for registration of the document certifying the right to use the space used as headquarters and the issuance of the certificate of designation of registered office space" code MFP 14.13.04.40, provided in Appendix. 2;
b) "Certificate on the registration document certifying the right to use the space used as headquarters," code MFP 14.13.02.40, provided in Appendix. 3;
c) "Certificate of registered office space used" code MFP 14.13.21.40, provided in Appendix. 4.
Art. 3. - printing features, mode of distribution, use and archiving of forms referred to in art. Are provided in Appendix 2. 5.
Art. 4. - Annexes. 1-5 are part of this order.
Art. 5. - General Directorate for revenue administration procedures, general manager of information technology and general directorates of public finance county and Bucharest will carry out the provisions of this order.
Art. 6. - This order shall be published in the Official Gazette of Romania, Part I.

President of the National Agency for Fiscal Administration,
Sorin Blejnar
Bucharest, 30 June 2010.
Nr. 2.112.


APPENDIX. One
Application Process and issuance of the certificate of office space for the social and registration of the document certifying the right to use the space used as headquarters

1. This procedure applies to persons who, since the coming into force of art. 17 of Law no. 31/1990, republished, as amended and supplemented, as amended by art. XIII of Government Emergency Ordinance no. 54/2010 on measures to combat tax evasion, they must, in the registration of a company or the change of registered office, to register the document certifying right to use the space used as headquarters and get the certificate for the destination space headquarters.
2. The registration document certifying the right to use and obtain certificate of registered office space for the application for registration is filed document certifying right to use the space used as headquarters and the issuance of the certificate of office space destination social, provided in Appendix. 2 notes.
3. Registration with the tax document certifying the right to use the space for the head office of the Certificate proves the registration document certifying right to use the space used as headquarters, as provided in Annex. 3 to order.
4. The application referred to in pt. 2 shall be submitted by the holder of the right of use. If the holder of the right of use is a legal entity, the application is submitted by the legal representative or by an authorized under the law.
5. The application shall be accompanied by:
- Documents for the right to use, such as title, purchase agreement, lease, bailment or other documents certifying the right to use;
- The identity of the applicant and / or adhere, as appropriate;
- The document attesting the appointment of the legal representative for legal persons.
6. The application shall be submitted to the competent tax authority, directly to the Registry or by mail with return receipt. For the purposes of this proceeding, the competent tax authority is municipal public finance administration, town, or municipal districts of Bucharest, the National Agency for Fiscal Administration in whose territorial jurisdiction is located the space for the headquarters.
7. If the application is filed with the Public Finance, the documents proving the right to use are presented in original and copy. The fiscal authority certifies compliance with the original copy and return the original applicant. If the application is filed by mail, it must be accompanied by supporting documents for the right to use, copy legalized.
8. The term of settlement is 5 days from the date of registration of the application to the tax authorities accompanied by full documentation.
9. The fiscal body organizes record documents proving the right to use the space for the head office, in the register of space used as headquarters.
10. Register at organizes and manages the address space to the competent tax authorities, with the help of information provided by the General Directorate for information technology, and includes:
a) Complete address of registered office space destination (str., no., bl., ap., town, county / district);
b) identification of the owner of the usage (name and surname / name, address of residence / domicile tax and fiscal code);
c) documents proving the right to use the space used as headquarters (document type, according pt. 5, number and date);
d) the validity of the right to use the space used as headquarters (start date, end date).
11. From the Public Finance application accompanied by supporting documents shall be sent department with responsibilities in managing taxpayers' register, referred to as specialized compartment.
12. The specialized verify the data submitted in the application with supporting documents and takes information in the Register of space used as headquarters.
13. specialized department prepares certificates of registration of the document certifying the right to use the space used as headquarters and certificate for the purpose of registered office space, according to the models provided in the Appendices. 3 and 4 in order, in duplicate, and forwards them for signature, the competent fiscal body.
14. A copy of the forms "Certificate on the registration document certifying the right to use the space used as headquarters" and "Certificate of registered office space destination" is communicated to the applicant, according to art. 44 of Government Ordinance no. 92/2003 regarding the Fiscal Procedure Code, republished, as amended and supplemented.
15. The file request that includes:
a) the applicant's request;
b) documents proving the right to use the space used as headquarters;
c) the identity of the applicant and / or adhere, as appropriate;
d) document certifying the appointment of the legal representative for legal persons as appropriate;
e) a copy of the registration certificate document certifying the right to use the space used as headquarters;
f) a copy of the certificate for the space for the head office to the specialized archives.

Source: www.avocatnet.ro

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262 Responses for "Gazette No. 2112/2010 - Procedure for requesting approval and issuance of the certificate of registered office space destination "

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