Fiducia. Noua procedură de înregistrare a contractelor de fiducie. Registrul central al contractelor de fiducie
Trust/Fiducia. New procedure for registering trust/fiducia agreements. Central register of trust/fiducia agreements

Summary/Abstract: In the present article, the author analyzes provisions of A.N.A.F. Order no. 1193/2021 which regulates the procedure for registering with competent fiscal body trust/fiducia agreements and “similar legal constructions to trust/fiducia”. Also, this Order regulates conditions for establishing the Central Register of Trusts and “similar legal constructions to trust/fiducia”, as well as the procedure for access by interested persons according to law to information contained in the above mentioned register. Two procedures established by A.N.A.F. Order no. 1193/2021 which replace similar regulation from 2020 are analysed in details.It is stated in the present article that the notion of “similar legal constructions to trust” or “persons holding an equivalent position” are fraught with uncertainty, lack of clarity and predictability, which determines the recipient of this rule, as well as courts of law intended to interpret the legal norm, in an objective impossibility to comply and, respectively, to interpret legal norm. Therefore, it is proposed by lege ferenda an emergency repeal of A.N.A.F. Order no. 1193/2021 provisions, followed by enactment of a normative act that meets Constitutional requirements regarding a normative act “clear and precise enough to be applied”, conditions that A.N.A.F. Order no. 1193/2021 absolutely violates.

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