As per the provisions of Emergency Ordinance no. 111/2020, beginning 11 January 2021, the National Agency for Fiscal Administration (“ANAF”) has started the operationalization of the Central Electronic Registry (“CER”) for the bank accounts and payment accounts identified through IBAN.
CER allows timely identification of all natural and legal persons that own, or control payment or bank accounts identified through IBAN, as well as safe deposit boxes at a credit institution in Romania.
Through CER, ANAF shall have access to the following information:
a) for the holder of the client – account, the persons holding a signature right for the opened accounts and any other person claiming to act on behalf of the client: the name, accompanied by other identification data, such as the civil status data provided in the identity documents provided by the law – for natural persons, or the data provided in the incorporation documents or registration certificate and the identification data of the legal representative – for legal persons;
b) for the beneficial owner of the holder of the client – account: name, accompanied by the identification data, such as the civil status data provided in the identity documents provided by the law – for natural persons, or the data provided in the incorporation documents or registration certificate and the identification data of the legal representative – for legal persons, or by the sole registration number for non – residents, as the case may be;
c) for the bank or payment account: IBAN number and date of the opening or closing of the account;
d) for the safe deposit boxes: name of the assignee, accompanied by other identification data, such as the civil status data provided in the identity documents provided by the law – for natural persons, or the data provided in the incorporation documents or registration certificate and the identification data of the legal representative – for legal persons, or by the sole registration number for non – residents, as the case may be, as well as the duration of the assignment period.
Such information shall be kept for a period of 10 years as of the termination of the business relation between the banks and the customers.
Emergency Ordinance no. 111/2020 transposes the Directive (EU) 2018/843 of the European Parliament and Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for purposes of money laundering or terrorist financing and amending Directives 2009/138/EC and 2013/36/EU, published in the Official Journal of the European Union, series L, no. 156 of 19 June 2018.
Andreea Neagu, Partner DOMOKOS PARTNERS
Laura Lupu, Associate DOMOKOS PARTNERS