Law No. 82 Of 24 December 1991 (Republished) Accounting

Original Language Title: LEGE nr. 82 din 24 decembrie 1991 (*republicată*) contabilităţii

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Law No. 82 of 24 December 1991 (republished * *) (* updated *) accountancy (updated until 11 December 2015 *)-PARLIAMENT ISSUING — — — — —-*) Republished pursuant to art. The Government Emergency Ordinance nr. 102/2007 modifying and completing the law on accountancy No. 82/1991, published in the Official Gazette of Romania, part I, no. 689 of 10 October 2007, as amended by law No. 86/2008, published in the Official Gazette of Romania, part I, no. 292 of 15 April 2008, posing a new texts.
Accounting law nr. 82/1991 republished was also in the Official Gazette of Romania, part I, no. 48 of 14 January 2005, and has subsequently been amended by law No. 259/2006 modifying and completing the law on accountancy No. 82/1991, published in the Official Gazette of Romania, part I, no. 506 of 27 July 2007.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ in accordance with art. The EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011, throughout the accounting Law nr. 82/1991 republished, MediaWiki "auditor" and "financial audit" shall be replaced by the statutory auditor "MediaWiki" and "statutory audit".

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I General provisions Article 1 (1) companies, national companies/companies, autonomous administrations, national institutes of research and development, cooperative societies and other legal persons are obliged to organise and lead financial accounting, according to the present law.
  

(2) public institutions, associations and other legal entities with or without patrimonial purpose subject to organise and lead financial accounting.
  

(3) the complete menu tree without legal personality, established abroad, which belong to persons referred to in paragraph 1. (1) and (2), based in Romania, as well as the complete menu tree without legal personality from Romania belonging to legal entities with headquarters abroad have the obligation to organize and lead its own accounts, according to the present law.
  

(4) collective investment undertakings which are not established by an act of incorporation, as prescribed in the capital market law, voluntary pension funds, private pension funds and other managed entities organized on the basis of the civil code are required to organize and lead financial accounting.
  

(5) natural persons engaged in producing, as defined by the income tax code, and whose income is determined in real system are required to conduct the accounts based on the rules of accounting in a simple game or, at their option, based on the double-entry accounting rules, according to accounting regulations issued in this regard, except where otherwise provided by tax law.
  

— — — — — — — — —-. (5) article. 1 was amended by section 1 of the ar. 1 of law No. 121 of 29 may 2015, published in MONITORUL OFICIAL nr. 382 of 2 June 2015, which amends section 1 of article. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.

(6) the persons referred to in paragraph 1. (1) to (4) shall organise and lead, where appropriate, and management accounting, according to the rules drawn up in this respect.
  

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Art. 1 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.


Article 2 (1) accounting is a specialized task in measurement, evaluation, knowledge management and control of assets, debts, and capital and reserves as well as on the results obtained from the persons referred to in art. 1. to this end, the accounts must provide chronological and systematic registration, processing, publishing, and preserving information about the financial position, financial performance and other information relating to the work done, for both internal requirements, as well as in dealing with present and potential investors, financial and commercial creditors, clients, public institutions and other users.
  

— — — — — — — — — — —-. (1) of article 1. 2 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(2) Public Accounts shall comprise: a) the accounts of the income and expenditure budget, which reflects the collection of revenue and the payment of expenditure incurred in budget year;
  

b) Treasury accounts;
  

c) General accounts based on the principle of the existence of rights and obligations, to reflect the evolution of the economic and financial situation, and the surplus or deficit for the owners;
  

d) repealed.
  

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Lit. d) of paragraph 2. (2) of article 9. 2 has been repealed by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(3) the accounts of the public institutions ensure information authorising officers with regard to the implementation of the budget revenue and expenditure management, located in the heritage, as well as for drawing up the annual account of the general State budget, an annual account of State social insurance budget, special funds, as well as the annual accounts of the execution of local budgets.
  


Article 3 (1) the accounts shall be kept in Romanian language and in the national currency.
  

(2) the accounting of transactions conducted in foreign currency is held both in national currency and foreign currency, according to the rules drawn up in this respect.
  

(3) Repealed.
  

— — — — — — — — — — —-. (3) art. 3 has been repealed by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.


Article 4 (1) of the public finance Ministry will draw up and issue rules and regulations in the field of accounting, the general chart of accounts, financial statements, records patterns and forms common to the financial and accounting activity, detailed rules on the preparation and the use thereof).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see: Order No. of 12 December 2005 1.917 approving detailed procedures for organizing and directing public institutions, accounting chart of accounts for public institutions and guidelines for its application, published in Monitorul Oficial nr. 1,186 from 29 December 2005;

-Order No. 1,802 of 29 December 1986 approving the Regulations concerning accounting and annual financial statements consolidated annual financial statements, published in Monitorul Oficial nr. 963 of 30 December 2014.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) Ministry of public finance draw up and issue rules concerning bookkeeping entry.
  

(3) accounting rules and regulations specific to certain areas of activity shall be developed and shall be issued by the institutions involved in this regard, the Ministry of public finance, as follows: (a)) by the National Bank of Romania, for credit institutions, non-banking financial institutions, defined according to the rules of law, entered in the general register of payment institutions and electronic money institutions as defined by law, granting credit related to payment services and whose activity is limited to the provision of payment services, namely issuance of electronic money and the provision of services, and payment for the deposit guarantee Fund in the banking system *);
  

b) by the FSA, regulated entities, authorized and supervised by the institution).
  

— — — — — — — — —-. (3) art. 4 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see:-NBR Order nr. 27 of December 16, 2010 approving Regulations of accounting in accordance with international financial reporting Standards applicable to credit institutions published in Monitorul Oficial nr. 890 of 30 December 2010;

-Order NBR No. 6 of 17 July 2015 for the approval of the accounting Regulations compliant with European directives published in Monitorul Oficial nr. 540 of 20 July 2015;

ASF-Rule nr. 10 of august 5, 2015 for implementation of the Accounting Reporting System by 30 June 2015 insurance firms published in Monitorul Oficial nr. august 11, 2010 606;

ASF-Rule nr. 14 of august 5, 2015 concerning accounting regulations compliant with European directives applicable to private pension system and published in Monitorul Oficial nr. 706 of 21 September 2015;

ASF-Rule nr. 36 from 23 December 2015 for the approval of the accounting Regulations concerning annual financial statements and consolidated annual financial statements applicable to insurance brokers and/or reinsurance, published in Monitorul Oficial nr. 976 on 29 December 2015;

ASF-Rule nr. 39 of 28 December 2015 for the approval of the accounting Regulations in accordance with international financial reporting Standards, applicable to entities authorized, regulated and supervised by the supervisory authority for the non-Financial instruments and financial investments published in Monitorul Oficial nr. 982 of 30 December 2015;


ASF-Rule nr. 40 of 28 December 2015 for Accounting Rules relating to the approval of the annual financial statements and consolidated annual financial statements, applicable to entities authorized, regulated and supervised by the FSA-financial instruments and investment sector, published in Monitorul Oficial nr. 980 of 30 December 2015;

ASF-Rule nr. 41 of 30 December 2015 for Accounting Rules relating to the approval of the annual financial statements and consolidated annual financial statements of the entity carrying on the activity of insurance or reinsurance and published in Monitorul Oficial nr. 2 of 4 January 2016;

-NSC Order nr. 70 of 3 august 2006 approving the Statement No. 5/2006 concerning the accounting reporting system indicates the entities authorized, regulated and supervised by the Romanian National Securities Commission published in the Official Gazette nr. 693 from august 14, 2006.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (4) rulemaking as provided for in paragraph 1. (1), (2) and (3) shall be made in consultation with professional bodies.
  


Article 5 (1) the persons referred to in art. 1 (1). (1) to (4) are required to drive the double-entry bookkeeping and prepare financial statements on an annual basis, according to the applicable accounting regulations. Complete menu tree opened in Romania by companies resident in the States belonging to the European Economic area are required to organize and lead its own accounts, according to this law, without having to draw up annual financial statements for its work.
  

— — — — — — — — — — —-. (1) of article 1. 5 was amended by section 6 of article. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.
(1 ^ 1) Repealed.
— — — — — — — — —-. (1 ^ 1), art. 5 was repealed by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.
(1 ^ 2) Repealed.
— — — — — — — — —-. (1 ^ 2) of art. 5 was repealed by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.
(1 ^ 3) Repealed.
— — — — — — — — —-. (1 ^ 3) of art. 5 was repealed by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.
(1 ^ 4) Repealed.
— — — — — — — — —-. (1 ^ 4) art. 5 was repealed by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.

(2) the categories of individuals who can take a simple bookkeeping entry shall be determined by order of the Minister of public finances.
  

(3) For employers ' organizations and trade unions, as well as for other categories of organizations without patrimonial purpose that no economic activities, the Ministry of public finance to approve a simplified financial reporting system, taking into account the requirements of the European bodies.
  


Article 6 (1) Any economic and financial operation performed shall be recorded at the time of her in a document which is the basis of the accounting records, achieving quality of supporting documentation.
  

(2) supporting documents underlying the accounting records to persons who undertake the responsibility they have drawn up, approved and approved, as well as those that have been recorded in the accounts as appropriate.
  


Article 7 (1) the persons referred to in art. 1 have the obligation to carry out an inventory of the general nature of the assets, debts, and capital and reserves held at the beginning of the activity, at least once during the financial year, as well as in the case of a merger, Division or liquidation, and in other cases provided by law.
  

— — — — — — — — — — —-. (1) of article 1. 7 was amended by section 8 of article. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(2) the Ministry of public finance may approve exceptions to the rule that annual inventory for some goods with special character placed in the administration of public institutions, the main proposal authorising officers.
  

(2 ^ 1) If the inventory carried out in the period at the end of the year involved special circumstances including changes in premises and/or storage spaces of the goods in the heritage, including the administration of public institutions, authorising officers may approve for the existing assets in the premises and/or the respective storage spaces should be entered in the register of inventory value and inventory listed in factual lists inventory of the previous year , updated with inflows and outflows of goods before the end of the reporting period.
— — — — — — — — — — —-. (2 ^ 1), art. 7 was introduced by art. 23 of the EMERGENCY ORDINANCE nr. 57 of 9 December 2015, published in MONITORUL OFICIAL nr. 923 of 11 December 2015.
(2 ^ 2) The provisions of paragraphs 1 and 2. (2 ^ 1) does not apply in case of reorganization of public institutions, according to the law. Authorising officers shall include in your analysis report-based balance sheet accompanying annual financial statements information on the reasons that led to the making of inventories under the conditions of paragraph 1. (2 ^ 1).
— — — — — — — — — — —-. (2 ^ 2) of art. 7 was introduced by art. 23 of the EMERGENCY ORDINANCE nr. 57 of 9 December 2015, published in MONITORUL OFICIAL nr. 923 of 11 December 2015.

(3) the result of the valuation is posted to the General Ledger according to the applicable accounting regulations.
  


Article 8 (1) the valuation of inventory owned in connection with and presenting them in the annual financial statements shall be made according to the applicable accounting regulations.
  

(2) the revaluation of fixed assets amounted to takes place at fair value, in accordance with the applicable accounting regulations.
  

— — — — — — — — — — —-. (2) of article 9. 8 was modified by point 9 of article. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(3) valuation of monetary and foreign exchange denominated in lei, whose settlement is made depending on the currencies, shall be carried out according to the applicable accounting regulations.
  

— — — — — — — — — — —-. (3) art. 8 was modified by point 9 of article. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(4) the value of assets and debts, in connection with the reorganisation carried out according to law, shall be determined, as a general rule, legal regulations authorized assessors.
  


Article 9 (1) the official documents for the presentation of financial and economic activity of persons referred to in art. 1 (1). (1) to (4) are annual accounts drawn up according to the applicable accounting regulations and who must give a true and fair view of the financial position, financial performance and other information, according to the law, relating to the work done.
  

— — — — — — — — — — —-. (1) of article 1. 9 was amended by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(2) public institutions For the official presentation of the situation in the administration of the patrimony of the learned State and administrative-territorial units and the execution of the budget of revenue and expenditure is a quarterly and annual financial statement.
  

(3) parent companies, defined as such in the accounting regulations applicable to groups of companies, drawing up and presenting the annual financial statements and consolidated under applicable accounting rules.
  

— — — — — — — — —-. (3) art. 9 was amended by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.


Chapter II Organization and management accounting of Article 10 (1) be responsible for organizing and directing the accounting of the persons referred to in art. 1 (1). (1) to (4) shall be the responsibility of the administrator, the accounting officer or another person who has an obligation to its management.
  

— — — — — — — — — — —-. (1) of article 1. 10 has been changed from point 11 of article 1. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(2) the accounts shall be organized and leads, as a rule, in separate compartments, led by the Director, the Chief Accountant of the economic or other person empowered to fulfil this function. These people need to have higher economic studies. Via processor to fulfil the function of CFO or chief accountant means a person employed under the law, which has superior economics and who has duties relating to the accounting entity's leadership.
  

— — — — — — — — —-. (2) of article 9. 10 was amended by section 2 of the ar. 1 of law No. 121 of 29 may 2015, published in MONITORUL OFICIAL nr. 382 of 2 June 2015, which amends section 5 of art. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.

(3) the accounts can be organized and managed on the basis of contracts by way of provision of services in the field of accounting, concluded with individuals or legal entities authorized by law, members of the body of Chartered Accountants and licensed Accountants of Romania.
  

(3 ^ 1) Repealed.
— — — — — — — — —-. (3 ^ 1), art. 10 it was repealed by section 6 of article. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.


(4) liability for improper application of accounting regulations lies with the Director, economic accounting officer or another authorized person to fulfill this function, together with the staff of subordinates. Where accounting is managed under contract by way of provision of services entered into with persons or entities authorized by law, members of the body of Chartered Accountants and licensed Accountants of Romania, responsible for directing their returns accounting law and contractual provisions.
  

(4 ^ 1) In the case of the persons referred to in art. 1 (1). (5) liability for the Organization shall be the responsibility of their accounting. Directing the accounting can be done by such person, in which case the responsibility for leading the accounting returns them. Where the accounting is conducted in compliance with art. 10 para. (2) and (3) or civil contracts/conventions concluded according to the civil code with individuals who have superior economics, responsibility for leading the accounting of such persons, returns according to the law and contractual provisions.
— — — — — — — — — — —-. (4 ^ 1), art. 10 was introduced by the pct, article 13. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(5) the public institutions to which the accounting is not organized into separate compartments or persons assigned with individual labour contract or called in public office, according to the law, can enter into contracts by way of provision of services, for leading the accounting and preparation of quarterly and annual financial statements, with individuals or legal entities authorized by law, members of the body of Chartered Accountants and licensed Accountants of Romania. The conclusion of contracts is made subject to regulations on public procurement of goods and services. Payment of services is made from public funds with this destination.
  

— — — — — — — — — — —-. (5) article. 10 has been changed from point 11 of article 1. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.


Article 11 Holding, on any basis, of the nature of the assets and debts, as well as carrying out economic and financial transactions, without being entered in the accounts, shall be prohibited.
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Art. 11 has been changed from point 14 of article. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.


Article 12 (1) of the fixed assets Accounts shall be kept by category and on every object.
  

(2) keep stock accounts quantitatively and in value or value only, under the conditions laid down by the legal regulations.
  


Article 13 registration, evaluation and presentation of the elements of the nature of the assets, debts and capital shall be effected in accordance with the applicable accounting regulations.
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Art. 13 was amended by point 15 of article 2. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.


Article 14 Repealed.
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Art. 14 was repealed by paragraph 16 of article. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.


Article 15 the value of shares issued or other evidence of formal qualifications, as well as payments made on behalf of the subscribed capital shall be reflected in general ledger.


Article 16 financial accounts of customers and suppliers, other receivables and obligations pertaining to categories, as well as every natural or legal person.


Article 17 (1) expenditure accounts shall be kept on the kinds of expenses, after their nature or destination, as appropriate.
  

(2) the accounting of revenues keep on-course earnings, after their source or nature, as appropriate.
  

(3) the accounts of revenue and expenditure of the consolidated general budget stand on budgetary clasificaţiei subdivisions.
  


Article 18 accounting of public institutions ensure the recording rights, collected revenues, budget commitments, legal commitments, payments and actual expenditure, on budgetary clasificaţiei subdivisions according to the approved budget and detailed procedures developed by the Ministry of public finance.


Article 19 (1) in accounting, any gain or loss shall be determined at the beginning of the cumulative financial year. The accounts of revenues and expenditures shall be made, as a rule, at the end of the financial year.
  

(2) the final Result for the financial year shall be at its closure.
  

(3) the allocation of profits to be recorded in the accounts on the destinations, after approval of the annual financial statements.
  

(4) the accounting Loss carried forward shall be covered from the profit for the financial year and the reserve carried over, capital, raw materials and capital, according to the decision of the general meeting of shareholders or members.
  

(5) The budgetary execution result public institutions is determined on an annual basis, according to the accounting rules drawn up in this respect).
  

— — — — — — — — — — —-. (5) article. 19 was changed from point 17 of article. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see and Order No. 18 December 4,075 from 2015, approving detailed procedures for the conclusion of the budget year of 2015 published in Monitorul Oficial nr. 950 of 22 December 2015.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (6) the surplus or deficit for the owners shall be determined by public institutions, in accordance with detailed rules to be elaborated by the Ministry of public finances).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see and Order No. of 12 December 2005 1.917 approving detailed procedures for organizing and directing public institutions, accounting chart of accounts for public institutions and guidelines for its application, published in Monitorul Oficial nr. 1,186 from December 29, 2005.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter III accounting records accounting Records Article 20 are: the journal, the inventory and the ledger. Compiling, editing and maintaining accounting records shall be carried out according to the rules drawn up by the Ministry of public finances).

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see the order nr. November 5, 2015 2,634 concerning financial and accounting documents, published in Monitorul Oficial nr. 910 9th December 2015.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 21 accounting Records shall be used strictly in accordance with the intended use thereof and shall be presented in the manner and in such a way as to permit supplemented at any time, the identification and control of accounting operations.


Article 22 in order to verify the correct registration in accounting operations performed shall be drawn up the balance, at least at the close of the financial year, the deadlines for drawing up the financial statements, the accounting and reporting at the end of the period for which the entity has to draw up the Declaration of income tax/income, according to the law.
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Art. 22 was amended by the pct, article 18. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.


Article 23 (1) the persons referred to in art. 1 computer systems that use automatic data processing are required to ensure the processing of the data entered in the accounts in accordance with accounting regulations applicable in their control and technical media for 10 years.
  

(2) the persons referred to in paragraph 1. (1) ensure the tax authorities access to data stored on media.
  

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Art. 23 was amended by the pct, article 19. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.


Article 24 entry in accounting operations arising from the merger, Division or cessation, according to the law, the activity of the persons referred to in art. 1 is based on the corresponding documents prepared in such situations.


Article 25 (1) compulsory accounting Records and supporting documents underlying the financial accounting records shall be kept in the archive of the persons referred to in art. 1 for 10 years, starting at the end of the financial year in which they were drawn, with the exception of States, which must be kept for a period of 50 years.
  

(2) Notwithstanding the provisions of paragraphs 1 and 2 of the. (1) may be made, justifiably, by order of the Minister of public finance, accounting records and supporting documents must be kept for 5 years).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see the order nr. November 5, 2015 2,634 concerning financial and accounting documents, published in Monitorul Oficial nr. 910 9th December 2015.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 25 ^ 1 In case of reorganization of legal persons, they shall take measures for the preservation and archiving, according to law, supporting documents and accounting records.
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Art. 25 ^ 1 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.


Article 26


In case of loss, theft or destruction of financial and accounting documents shall take measures for reconstructing them according to the regulations issued for that purpose, not later than 30 days after the finding, and in the case of force majeure, within 90 days of the termination thereof.
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Art. 26 was amended by the pct, article 21. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.
CH IV financial statements in article 27 (1) the financial year means the period for which financial statements should be prepared on an annual basis and, as a rule, coincide with the calendar year.
  

(2) the financial year is 12 months.
  

(3) the financial year may be different from the calendar year to branches based in Romania, belonging to a legal person with its headquarters abroad, as well as for legal entities with headquarters in Romania.
  

(4) the provisions of paragraphs 1 and 2. (3) does not apply to: credit institutions, non-banking financial institutions, as defined by law, entered in the general register, payment institutions and electronic money institutions as defined under the law granting credit related to payment services and whose activity is limited to the provision of payment services, namely issuance of electronic money and the provision of payment services, authorized entities regulated and supervised, by the FSA.
  

(5) the newly established, Persons falling within the category of those referred to in paragraph 1. (3), may opt for a different fiscal calendar year from the date of their establishment.
  

(6) persons who opt for a fiscal year different from the calendar year, in accordance with paragraph 1. (3) and (5) have the following obligations: a) to compile and submit the annual accounts reporting territorial units of the Ministry of public finance, as provided in article 13. 37;
  

(b)) to advise in writing the territorial unit of the Ministry of public finance about the financial choice, with at least 30 calendar days before the start of the financial year. The newly established persons shall submit the notification concerned within 30 calendar days from the date of establishment.
  

(7) except in cases where the foreign legal person or a foreign parent company changes its reporting date or reorganisation operations, according to the law, the date chosen for the preparation of the annual financial statements in accordance with paragraph 1. (3) may not be changed from one financial year to another.
  

(8) the financial year of the newly established units start from the date of establishment, according to the law.
  

(9) the financial year of a legal person that validated begins on the date of the previous financial year and ending on the day preceding the date when the start winding. The liquidation period shall be considered a separate fiscal year compared to the previous one, regardless of its duration.
  

(10) the financial institutions is the budgetary year.
  

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Art. Amended 27 of point 7 of article. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.


Article 28 (1) the persons referred to in art. 1 (1). (1) to (4) are required to prepare annual financial statements.
  

— — — — — — — — —-. (1) of article 1. 28 was amended by section 8 of article. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.
(1 ^ 1) The provisions of paragraphs 1 and 2. (1) shall also apply in the event of a merger, Division or liquidation, in accordance with the law, in which case the accounts have the same components with the annual financial statements.
— — — — — — — — —-. (1 ^ 1), art. 28 was introduced by point 9 of article. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.

(2) the Minister of finance may establish Public preparation and submission to the territorial units of the Ministry of public finance to financial statements or accounting reports and at other times than annually, within the financial year.
  

(3) for legal entities applying international financial reporting Standards (IFRS), financial statements were provided for these components.
  

(4) legal persons who apply accounting regulations compliant with European directives shall draw up annual financial statements, which have components provided for in applicable accounting rules.
  

(5) Repealed.
  

— — — — — — — — — — —-. (5) article. 28 was repealed by article 25 point. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(6) legal persons without patrimonial purpose draw up annual financial statements, which comprise the balance sheet and the outturn account for the financial year.
  

— — — — — — — — — — —-. (6) article. 28 was amended by paragraph 24 of article. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(7) annual accounts constitute a whole and are accompanied by the administrators.
  

(8) the requirements for the drawing-up, auditing and publication of annual financial statements by the branches in Romania of credit institutions and other financial institutions headquartered abroad shall be established by the institutions with a regulatory power under article 4. "". 3. establish and pullout the requirements relating to the information concerning the activity of the branches, to be published by the branches in question, in the event that they are not obliged to draw up and publish annual financial statements relating to their own activities.
  

— — — — — — — — — — —-. (8) article. 28 was amended by paragraph 24 of article. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(9) public institutions shall draw up quarterly and annual financial statements according to the rules drawn up by the Ministry of public finances).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see and Order No. 82 of 18 January 2016 approving detailed procedures for preparation and submission of the financial statements of public institutions by 31 December 2015 for the modification and completion of the methodological Norms regarding the Organization and management of public institutions, accounting chart of accounts for public institutions and guidelines for its application, approved by order of the Minister of public finance no. 1.917/2005, and for the modification and completion of the other guidelines in the field of public accounting, published in Monitorul Oficial nr. 57 of 26 January 2016.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (10) annual financial statements and accounting reports shall be signed by the Director, the Chief Accountant of the economic or other person empowered to fulfil this function.
  

— — — — — — — — — — —-. (10) of article 1. 28 was introduced by the pct, article 26. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(11) the annual financial statements and accounting reports can be drawn up and signed by the person or body authorized under the law, members of the body of Chartered Accountants and licensed Accountants of Romania.
  

— — — — — — — — — — —-. (11) article. 28 was introduced by the pct, article 26. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(12) Repealed.
  

— — — — — — — — —-. (12) article. 28 was repealed by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.

(13) the annual financial statements and accounting reports shall be signed by the Manager or the person who has the obligation of the management of the entity.
  

— — — — — — — — — — —-. (13) article. 28 was introduced by the pct, article 26. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(14) financial statements quarterly and annual public institutions shall be signed by the officer and driver compartment financial accounting or other person empowered to fulfil this function.
  

In a situation where public institutions don't have people assigned with individual labour contract or called in public office, according to the law, the quarterly and annual financial statements shall be signed by the authorising officer and the persons or entities authorized by law, members of the body of Chartered Accountants and licensed Accountants of Romania.
— — — — — — — — — — —-. (14) article. 28 was introduced by the pct, article 26. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.


Article 29 (1) the annual accounts shall be accompanied by the report of the directors, audit report or the report of the Audit Committee, as applicable, and the proposal for profit distribution or loss coverage.
  

(2) a parent company must draw up annual financial statements both for its work, as well as the consolidated annual financial statements, under accounting regulations applicable.
  

(3) if the annual accounts of the parent company shall be submitted for approval with the consolidated annual financial statements, the parent may submit a single report on the audit of the annual financial statements, where the parent company is required for auditing.
  

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Paragraphs 1 and 2. (3) art. Amended 29 of section 3 of the ar. 1 of law No. 121 of 29 may 2015, published in MONITORUL OFICIAL nr. 382 of 2 June 2015, which changes the point 11 of article 1. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.


Article 30 annual financial statements shall be accompanied by a written statement of the persons referred to in art. 10 para. (1) assumes responsibility for drawing up the annual financial statements and confirmed that: (a) accounting policies) used in the preparation of the annual financial statements in accordance with accounting regulations applicable;
  

b) annual financial statements gives a true and fair view of the financial position, financial performance and other information on the work carried out;
  

c) legal person performs in terms of continuity.
  


Article 31 of the consolidated annual financial statements must be accompanied by a written statement of the administrator of the parent company through which assumes responsibility for drawing up the annual financial statements and confirmed that: (a) accounting policies) used in the preparation of the annual consolidated financial statements are in accordance with accounting regulations applicable;
  

b) consolidated annual financial statements gives a true and fair view of the financial position, financial performance and other information relating to the work of the group.
  


Article 32 (1) the members of the administrative bodies, management and supervisory bodies of legal persons have the obligation to ensure that the annual financial statements, report administrators and report payments to Governments where the obligation of drawing up its accounting rules applicable to the right, to be drawn up and published in accordance with national legislation.
  

(2) members of the administrative bodies, management and supervisory bodies of the parent company are required to ensure that the consolidated annual financial statements, the consolidated report of the Trustees and the consolidated report on payments to the Government, when drawing up its obligation exists according to the applicable accounting regulations, to be drawn up and published in accordance with national legislation.
  

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Art. amended 32 of point 12 of article 4. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.


Article 33 (1) the objective of the annual consolidated financial statements is to provide a true and fair view of the financial position, financial performance and other information relating to the work of the group, according to the applicable accounting regulations.
  

(2) consolidated annual accounts constitute a whole and have the components provided for in applicable accounting rules.
  

— — — — — — — — —-. (2) of article 9. 33 has been modified by item 13 of article. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.

(3) where the parent company is obliged to draw up and submit consolidated annual financial statements and the report of administrators can be presented as a single report.
  

— — — — — — — — —-. (3) art. 33 was amended by section 4 of the ar. 1 of law No. 121 of 29 may 2015, published in MONITORUL OFICIAL nr. 382 of 2 June 2015, point 14 amending art. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.


Article 34 (1) the annual accounts of legal persons of public interest are subject to the statutory audit, carried out by the herriard, natural or legal persons approved in accordance with the law.
  

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Alin. (1) of article 1. 34 was modified by art. The EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011, by replacing the term "auditor" with the phrase "statutory auditor" and the phrase "financial audit" with the phrase "statutory audit".

(2) for the purposes of this law, by legal persons of public interest means: companies whose securities are admitted to trading on a regulated market; credit institutions; non-banking financial institutions, defined according to the rules of law, entered in the general register; payment institutions and electronic money institutions as defined under the law granting credit related to payment services and whose activity is limited to the provision of payment services, namely issuance of electronic money and the provision of payment services; insurance companies, insurance-reinsurance and reinsurance; privately managed pension funds, voluntary pension funds and their managers; investment services companies, asset management firms, undertakings for collective investment, central depositories, clearing houses, Central contrapărţi and market operators/licensed/system savvy financial supervisory authority; societies/companies; companies with capital or State majority; the autonomous administrations.
  

— — — — — — — — —-. (2) of article 9. Amended 34 of point 15 of article 2. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.
(2 ^ 1) The provisions of paragraphs 1 and 2. (1) shall also apply to unincorporated subunits making from Romania, belonging to a legal person with its headquarters abroad, with the exception of the resident companies subunits making in States belonging to the European Economic area, as well as parent companies which are obliged to prepare its annual consolidated financial statements, in accordance with the applicable accounting regulations.
— — — — — — — — — — —-. (2 ^ 1), art. 34 was introduced by the pct, article 28. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(3) financial statements are audited and prepared by entities that have this requirement under the legislation specific to them.
  

(4) Are also subject to audit the statutory annual financial statements drawn up in order to carry out operations of merger, Division or liquidation, if the persons concerned have the obligation to audit the annual financial statements.
  

— — — — — — — — — — —-. (4) article. Amended 34 of point 27 of article. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(5) by order of the Minister of public finances can be fixed and other cases in which the annual accounts are subject to statutory audit *).
  

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Alin. (5) article. 34 was modified by art. The EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011, by replacing the phrase "financial audit" with the phrase "statutory audit".

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see the order of 1 October 2012 1,286 approving accounting Regulations in accordance with international financial reporting Standards, applicable to companies whose securities are admitted to trading on a regulated market, published in Monitorul Oficial nr. 687 of 4 October 2012.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 35 (1) the annual accounts and, where appropriate, the consolidated annual financial statements shall be submitted to the territorial units of the Ministry of public finance, in accordance with the legal provisions in force.
  

— — — — — — — — — — —-. (1) of article 1. Amended 35 of pct article 29. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(2) a company's Shareholders and employees have the right to be informed in relation to the annual accounts at the registered office of the company or its parent company, without any discrimination.
  

(3) the annual accounts shall be kept for 10 years.
  

(4) in the event of termination of the activity of the persons referred to in art. 1, annual financial statements, as well as books and other documents referred to in article 1. 25 shall be submitted to the State archives, in accordance with the legal provisions on the matter.
  


Article 36 (1) the persons referred to in art. 1 (1). (1) to (3) shall submit a copy of the annual financial statements of the territorial units of the Ministry of public finance, as follows: a) companies, national companies/companies, autonomous administrations, national institutes of research and development, complete menu tree without legal personality from Romania belonging to legal persons based in foreign countries, except Romania open subunits making companies resident in States belonging to the European Economic area within 150 days of the end of the financial year;
  

(b)) other legal entities within 120 days after the end of the financial year.
  

(2) legal entities which do not have the installation carried out activity, and the complete menu tree without legal personality from Romania belonging to legal persons based in foreign countries, which do not have the installation carried out activity shall submit a statement to that effect, within 60 days after the end of the financial year, the territorial units of the Ministry of public finance.
  

(3) the period of liquidation, the legal entities that are in liquidation, in accordance with the law, shall submit, within 90 days after the end of each calendar year, to the territorial units of the Ministry of public finance annual accounts reporting, whose content is determined by order of the Minister of public finances).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see:


-Order No. 123 of 28 January 2016 on the main issues related to the preparation and submission of the annual financial statements and annual accounting reporting of economic operators to the territorial units of the Ministry of public finance, published in Monitorul Oficial nr. 81 of 4 February 2016.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (4) the annual financial statements drawn up in order to carry out operations of merger, Division or liquidation of those persons shall be submitted to the territorial units of the Ministry of public finance under accounting regulations issued in this regard.
  

(5) the Board of Directors, namely the Directorate's parent company, defined such accounting regulations apply, shall be required to submit to the territorial units of the Ministry of public finance annual accounts according to the legal provisions in force, within 15 days from their approval, but not later than 8 months after the end of the financial year of the parent company.
  

— — — — — — — — —-. (5) article. 36 was amended by paragraph 16 of article. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.

(6) public institutions whose rulers have the status of authorising officers, as well as General departments of County and public finances Bucharest shall submit a copy of the quarterly and annual financial statements to the hierarchically superior institutions within the time limits specified in paragraph 2. (7) to (10).
  

(7) public authorities, ministries and other specialized bodies of central public administration, public institutions financed entirely from own incomes, whose rulers have the status of authorising officers by parent loans, as well as General departments of County and public finances Bucharest, for the financial statements the consolidated throughout the County and the municipality of Bucharest concerning the implementation of the budget referred to in article 1. 1 (1). (2) of law No. 273/2006 on local public finances, with amendments and additions thereto, be deposited with the Ministry of public finance, a copy of the quarterly and annual financial statements, according to rules issued by it, the following time limits: a) within 50 days after the end of the financial year;
  

b) within 40 days after the end of the quarter.
  

(8) public institutions of Central subordination whose rulers have otherwisely credits submitted to the hierarchically superior institutions a copy of quarterly and annual financial statements, according to rules issued by the Ministry of public finance, the following time limits: a) within 40 days after the end of the financial year;
  

b) within 30 days after the end of the quarter.
  

(9) public institutions of Central subordination whose rulers have the status of authorising officers submitted to terţiari credit institutions hierarchically superior a copy of quarterly and annual financial statements, according to rules issued by the Ministry of public finance, the following time limits: a) within 30 days after the end of the financial year;
  

b) within 20 days after the end of the quarter.
  

(10) the institutions of local subordination whose rulers have the status of authorising officers by parent credits shall submit a copy of the quarterly and annual financial statements to the General directions of public finances and of the municipality of Bucharest, according to rules issued by the Ministry of public finance, the following time limits: a) within 40 days after the end of the financial year;
  

b) within 30 days after the end of the quarter.
  

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Art. 36 was amended by the pct, article 30. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.


Article 36 1 shall prohibit submission ^ to the territorial units of the Ministry of public finance has several sets of annual financial statements for the same financial year.
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Art. 36 ^ 1 was introduced by the pct, article 17. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.


Article 36 ^ 2 Errors found after the filing of the annual financial statements shall be corrected to the date of establishment, according to their regulations on accounting issued by the institutions referred to in article 1. "". (1) and (3), as applicable.
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Art. 36 ^ 2 was introduced by the pct, article 17. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.


Article 37 information intended to ensure the institutional system of the State, the Ministry of public finance may require persons referred to in art. 1 (1). (1) to (4) to file, within 150 days of the end of the financial year, the calendar year, the territorial units of the Ministry of public finance annual accounts reporting, whose content is determined by order of the Minister of public finances).
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Art. Amended 37 of point 31 of the art. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see: Order No. 864 of 29 March 2010 concerning certain aspects relating to the preparation of annual reports and annual financial statements, published in Monitorul Oficial nr. 229 of 12 April 2010.

-Order No. 123 of 28 January 2016 on the main issues related to the preparation and submission of the annual financial statements and annual accounting reporting of economic operators to the territorial units of the Ministry of public finance, published in Monitorul Oficial nr. 81 of 4 February 2016.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter V Treasury and Accounting of public institutions in article 38 (1) the accounts of the State Treasury is organized and operates on the principle of the performance and ensure the recording of receipts and payment transactions in the income and expenditure accounts open on Budgets, instructing and clasificaţiei subdivisions established by the Ministry of Finance budgeting.
  

(2) The accounts of the State Treasury shall be opened, on behalf of the authorising officers, separate accounts for open and distributed loans and for expenses incurred by the State budget, State social insurance budget, single national fund budget health insurance, unemployment insurance budget, local budgets, as well as accounts of availability of which payments may be made.
  

(3) the accounts of the State Treasury shall ensure that information concerning the conduct of budgetary execution in terms of annual financial balance, which was approved by law for every budget, and within the limits of availability-owned accounts.
  

(4) the Organization of accounting operations conducted by Treasury and budget of expenditure shown in the budget of the Ministry of public finance-general Shares the Treasury units, according to art. 18. — — — — — — — — — — —-. (4) article. Amended 38 of point 32 of the art. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(5) the accounts of the State Treasury is organized under the Ministry of public finance and its subordinate units, including operations relating to the implementation of the State budget, State social insurance budget, single national Fund budget health insurance, unemployment insurance budget and local budgets, the management of domestic and foreign public debt, and other financial operations carried out on behalf of the organs of Central and local public administration.
  

(6) Organizing and directing the accounting of Treasury shall be carried out according to rules issued by the Ministry of public finances).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see and Order No. of 12 December 2005 1.917 approving detailed procedures for organizing and directing public institutions, accounting chart of accounts for public institutions and guidelines for its application, published in Monitorul Oficial nr. 1,186 from December 29, 2005.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 39 (1) after the end of the financial year, the accounts of the State Treasury shall be at the close of the budgetary execution according to the methodological norms issued by the Ministry of public finance, as follows: a) the conclusion of the execution of the State budget is carried out by the territorial units of the State Treasury;
  

b budget execution) the termination of the State social insurance shall be carried out by the establishments of the Ministry of social protection, family and senior citizens;
  

(c) the execution of local budgets) the conclusion shall be made authorizing the main credits you local budgets.
  

(2) the Ministry of public finance quarterly and annual balance sheet drawn up general of the Treasury, in the structure established by him, which shall be approved in accordance with the law.
  


Article 40 (1) of the public finance Ministry prepares the annual totals of public institutions.
  

(2) the annual review of public institutions, the structure established by the Ministry of public finance, the Government should be presented for adoption to the general with the annual account of the execution of the State budget.
  


Chapter VI Offences and offences Article 41 Constitutes contravention of the following facts:

1. holding, on any basis, of the nature of the assets and debts, as well as carrying out economic and financial transactions, without being entered in the accounts;
2. failure to comply with the regulations issued by the Ministry of public finance, i.e. institutions with attributions in the field of accounting. "". (3) with respect to: (a) policies and procedures) the approval of the accounting provided for by law;
  

b) using and keeping accounting records;
  

(c) elaboration and use of documents) supporting and accounting for all operations performed, recording in their accounting period to which they relate, keeping and archiving and restoring documents lost, stolen or destroyed;
  

d) inventory;
  

(e) the drawing up, signing and) submission of timely legal reply to the territorial units of the Ministry of public finance annual accounts and, where appropriate, the consolidated annual financial statements and of the accounting reporting;
  

f) drawing up, signing and filing with the Ministry of public finances and to the territorial units thereof, as well as public institutions hierarchically superior to the quarterly and annual financial statements of the public institutions, according to the law;
  

g) lodging the Declaration indicating that the persons referred to in art. 1 (1). (1) to (3) do not have held the respective task reminder. 27(2). (6) (a). b);
  

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Lit. g) of point 2 of article 2. amended 41 of point 18 of the art. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.
3. presentation of the financial statements containing erroneous data or unconnected, including with regard to the identification of the person reporting;
4. failure to comply with provisions concerning the declarations referred to in article 1. 30 and 31;
5. failure to comply with the provisions relating to the obligation of the members of the administrative bodies, management and supervisory bodies to draw up and publish annual financial statements;
6. failure to comply with the provisions relating to the obligation of the members of the administrative bodies, management and supervisory bodies of the parent company to prepare and publish consolidated annual financial statements;
7. failure to comply with the obligation concerning the auditing required by law, the annual financial statements and consolidated annual financial statements;
8. failure, according to this law, the annual financial statements, the consolidated annual financial statements and of the accounting reporting;
9. failure to comply with the provisions of art. 10-36 ^ 1.
— — — — — — — — — — point 9 of article. amended 41 of point 18 of the art. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.
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Art. amended 41 of item 33 of art. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.


Article 42 (1) the Offences referred to in articles. 41 fine shall be imposed as follows:-those referred to in paragraphs 1 and 9, with a fine from 1,000 to 10,000 lei lei;
those referred to in paragraph 2(a). a), b) and (c)), with fine of 300 lei to 4,000 million lei;
those referred to in paragraph 2(a). f), with a fine from 1,000 to 3,000 lei lei;
those referred to in paragraph 2(a). g), with a fine from 100 to 200 lei lei;
as provided for in paragraph 3, with a fine from 1,000 to 200 lei lei;
those referred to in paragraph 2(a). d), in point 4 and 5, with fine from 5,000 to 400 lei lei;
as provided for in paragraph 6, with fine from 10,000 to 30,000 lei lei;
as provided for in paragraph 7, by a fine of from 30,000 lei at 40,000 lei;
as referred to in point 8, with fine from 2.000 to 5,000 lei lei;
those referred to in paragraph 2(a). e) as follows: those relating to the drawing up and signing, with fine from 2.000 to 3,000 lei lei; the legal filing, with fine from 1,000 to 300 lei lei, if the delay period is between 1 and 15 working days, with a fine from 1,000 to 3,000 lei lei, if the delay period is between 16 and 30 working days, and with fine from 1,500 to 4,500 lei lei, if late period exceed 30 working days.
— — — — — — — — — — —-. (1) of article 1. Amended 42 of item 34 of art. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(2) Repealed.
  

— — — — — — — — — — —-. (2) of article 9. 42 was repealed by article item 35. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(3) the Government shall, upon the proposal of the Ministry of public finance, may amend the level of the fines provided for in paragraph 1. (1) according to the rate of inflation.
  

(4) the finding of violations and imposition of fines shall be made by the persons with powers of financial control and inspection, as well as staff of other directions of the Ministry of public finance, established by order of the Minister of public finances.
  

— — — — — — — — — — —-. (4) article. Amended 42 of item 34 of art. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(5) the finding of violations and imposition of fines in the case of associations of owners are people with powers of control, of the local councils of municipalities, cities, communes and of the sectors of Bucharest and other persons specifically authorized by the county councils and the General Bucharest City Council.
  

(6) the administrative Fines provided for in paragraph 1. (1) and (2) shall be borne by persons.
  

(7) the Offences referred to in articles. 41 apply to them the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.
  

(8) in the event that within 3 working days after the application of the fine prescribed by law shall be deposited with the financial statements referred to in article 1. 36 para. (7) to (10), the Ministry of public finances will take the following measures: a) budgetary credits lock openings for principal credit you authorizing the State budget, State social insurance budget, unemployment insurance budget, single national Fund budget of health insurance and the local budgets;
  

b) blocking the accounts open availability Treasury units on behalf of public authorities and institutions financed wholly or partly from its own revenues.
  

— — — — — — — — — — —-. (8) article. Amended 42 of item 34 of art. From the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(9) shall be exempt from the provisions of paragraph 1. (8) the following operations: (a) disbursements of foreign funds) grants or funding received from international organisations, institutions for times of programmes and projects, as well as funds for cofinancing and prefinancing;
  

b) payment of the contributions and their rights to social security and insurance;
  

c) repayments of domestic and foreign loans, commissions and other costs;
  

d) contributions and contributions by international organizations;
  

e) payments from the budget reserve fund at the disposal of the Government and of the intervention at the disposal of the Government, according to the law.
  


Article 43 Repealed.
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Art. 43 has been repealed by article 16. 41, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Chapter VII transitional and final Provisions Article 44 Ministry of public finance and the institutions referred to in article 1. "". (3) of this Act will be developed and will update permanently the accounting regulations applicable to persons referred to in art. 1. Article 45 of the controlling public finance Ministry over how the provisions of this law shall apply.


Article 46 this law shall enter into force on 1 January 1992).

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see and dates of entry into force of the normative acts modifying.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 47 provisions of this law shall also apply to unincorporated subunits making headquartered abroad, belonging to persons referred to in art. 1, headquartered or domiciled in Romania and Romania-based subunits making, belonging to legal persons of the time or place individuals with headquarters abroad.


Article 48 Repealed.
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Art. 48 pct was repealed by article 19. From the EMERGENCY ORDINANCE nr. 79 of 10 December 2014, published in MONITORUL OFICIAL nr. 902 11 December 2014.


Article 49 on the date of entry into force of this Act are hereby repealed:-Decree nr. 375/1956 concerning the reconstitution of records, documents and documents containing financial lost, stolen or destroyed, published in Official Gazette No. 22 of august 4, 1956;
-Case No. 1,885 dated December 28, 1970, concerning the Organization and management of accounting, tasks and responsibilities of the driver's compartment financial accounting, published in Official Gazette No. 156 of 29 December 1970;
-Case No. 1.533/1973 on special forms, published in Official Gazette No. 189 from 2 December 1973;
-Case No. 1.116/1975 on the improvement of analysis on the basis of the balance sheet, increasing the efficiency and quality of the information concerning the economic and financial results of the Socialist state units, published in Official Gazette No. 127 of 5 December 1975;

-Government Decree No. 252/1996 on exchange rate differences arrangements related capital in foreign exchange and other operations with effect from the balance sheet with the filing deadline until 15 April 1996, published in the Official Gazette of Romania, part I, no. 75 of 11 April 1996 and its subsequent amendments;
-Government Decree No. 483/96 concerning the provision of services in the field of accounting, verification and certification of the balance sheet on the basis of the accounting law nr. 82/1991, published in the Official Gazette of Romania, part I, no. 137 of 2 July 1996, with subsequent amendments;
-Government Decree No. 22/1998 on some measures for reflection in accounting for the economic agents of the economic-financial operations, as published in the Official Gazette of Romania, part I, no. 34 of 29 January 1998;
-any other provisions contrary to the provisions of this law.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Please note: we reproduce below the provisions of art. And III of law No. 259/2006 modifying and completing the law on accountancy No. 82/1991, which are not incorporated in the form of Accounting Law nr republished. 82/1991 and which still applies, as the provisions of law No. 259/2007: "Art. II.-(1) the application of the provisions of art. 2 (2). (2) (a). (d)) and art. 27(2). (3) of the Act on accounting No. 82/1991 republished, with amendments and additions made by this law, shall be suspended until 1 January 2009.

(2) companies will submit a copy of the related financial statements of the financial years 2007 and 2008 to the territorial units of the Ministry of economy and finance, within 150 days of the end of the respective years. Companies that do not have the installation carried out activity, and those that are in liquidation, according to the law, submit a statement to that effect, within 60 days after the end of the financial year.
  

Art. III.-the date of entry into force of this law are repealed: (a) paragraphs 1 and 2). (1) of article 1. 27 and annex 4. 3 of the rules implementing the law. 142/1998 concerning the granting of vouchers, approved by Government decision No. 5/1999, published in the Official Gazette of Romania, part I, no. 26 of 25 January 1999;
  

(b)) (a). D and E in annex 4. 3. the detailed rules on entry in the accounts and assets that make up the public domain of the State and administrative-territorial units, approved by Government decision No. 1,034/1999, published in the Official Gazette of Romania, part I, no. 620 on December 17, 1999. "
  

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