The Order No. 2938/C/20.12.2024 of the Ministry of Justice pertaining to the measures and procedures for the application of the Classification of activities of the national economy – CAEN Rev. 3 (which was approved by the Order No. 377/2024 of the National Institute of Statistics and enters into force on 1 January 2025), was published in the Official Gazette No. 1323/2024 and entered into force on 30 December 2024.
The standard registration form with the Trade Registry was thus supplemented to enable the authorized individuals and legal persons that are required to be registered with the Trade Registry, to have their business purpose updated after 1 January 2025, upon request, based on a simplified procedure, by ticking a dedicated item 8 that was added to such form and by filling in the new CAEN Code under CAEN Rev. 3 corresponding to their main activity, provided that no amendment is made to the other activities forming their business purpose, which shall then be automatically converted by the Trade Registry based on CAEN Rev. 3, without the need to amend the articles of association in order to provide for such updated business purpose.
Further to such simplified procedure, the Trade Registry will deliver, for free, a new registration certificate (mentioning the main activity thus updated and its corresponding CAEN Code as per CAEN Rev. 3), as well as a short extract of the applicant, with regard to its business purpose automatically converted as per CAEN Rev. 3.
The updating as per CAEN Rev. 3 of the activities that were declared actual activities pursuant to the standard statements on actual activities submitted prior to 1 January 2025, shall be evidenced by such new registration certificate accompanied by the applicant’s extract on its business purpose automatically converted.
It is expressly stated that the registration certificates and certificates on actual activities that were issued by the Trade Registry prior to 1 January 2025 shall remain valid until the updating of the business purpose as per CAEN rev. 3.
The authorized individuals and legal persons that will be incorporated after 1 January 2025 are required to identify the activities forming their business purpose based on CAEN Rev. 3. In all other cases, such updating of the business purpose based on CAEN Rev. 3 shall be made when submitting a file having as object either (i) the automatic amendment of the business purpose as per this Order or (ii) any other operation subject to registration with the Trade Registry.
If an applicant does not wish to keep in its updated business purpose all activities resulting from such automatic conversion of the existing CAEN Codes as per CAEN Rev. 3, the ordinary procedure for the amendment of the business purpose should be followed, by submitting: a resolution amending the business purpose based on CAEN Rev. 3 and approving the related amendment to the articles of association; the updated articles of association; the standard statement on the actual activities performed by the applicant, listing all activities forming its amended business purpose, identified as per CAEN Rev. 3.
Correspondence tables between NACE Rev. 2 (which maps the existing Romanian CAEN Rev. 2) and NACE Rev. 2.1 (which maps the Romanian CAEN Rev. 3 applicable from 1 January 2025), describing the concrete manner in which existing CAEN codes are updated, were developed by Eurostat and are available at: https://circabc.europa.eu/ui/group/d11cc50e-9ad7-41f5-8381-a51f98b792f9/library/2acaeccb-c59a-4365-9884-a53f4caea9f1?p=1&n=10&sort=modified_DESC.
