Economic activities performed by authorized individuals (freelancers), individual enterprises and family businesses

Law no. 182/2016 approving Government Emergency Ordinance no. 44/2008 on economic activities performed by authorized individuals (freelancers), individual enterprises and family enterprises, was published into Official Gazette no 828/19.10.2016

The law enters into force 90 days after publication in the Official Gazette, namely on 17 January 2017.

The Law defines certain terms such as economic activity, economic enterprise, family business, professional office.

To perform the economic activity for which they were authorized, freelancers must meet certain conditions among which: to have a declared professional office, not to have committed acts sanctioned by the tax, accounting, customs laws.

If, according to special legal provisions for certain economic activities it is necessary to meet certain conditions of professional training and / or certification of training or professional experience, freelancers must prove their fulfillment.

For the establishment of professional office / secondary office it is necessary that the individual who authorizes as PFA, the individual enterprise or any member of the family business, where appropriate, to present the document certifying the right to use the property as professional office / secondary office.

If at the professional office, building for housing, no economic activity is carried out, freelancer, which has the right to use the property submit an affidavit that certifies that at the professional office no economic activity is carried out.

Changing the professional office and / or the main object of activity is subject to registration with the Trade Register.

For carrying out other economic activities than those recorded in the trade register for which authorization was obtained it is necessary to obtain registration / authorization for the new activities.

PFA can have as the object of activity no more than 5 classes of activities provided by CAEN code. PFA may perform activities for which it is authorized, alone or together with no more than 3 persons, employed by PFA with individual labor contract.

Individual enterprise can have in its object of activity no more than 10 classes of activities provided by CAEN code and can employ up to 8 employees.

Students who want to establish their own business, based on certain conditions to be fulfilled by them, are exempted from payment of fees for registration and licensing operations of a PFA.

Within two years of the entry into force of this law, freelancers and individual enterprises whose number of activities included in the scope of activity is higher than that provided by law, should modify the references in the Trade Register on the object of activity by submitting an application.

If have not been previously authorized for one or more of the activities included, according to the object of activity, authorized freelancer or individual enterprise should request its authorization.

If freelancers do not meet their obligations stipulated by this law with regard to authorization, after the expiry of the two years, freelancers will be removed from by officio from Trade Register.