Beneficiarul real în cazul fiduciei
The real beneficiary in the case of fiducia

Summary/Abstract: In the present study, the author analyses the provisions newly introduced by the Law No 129/2019 in the matter of the real beneficiary in the case of the fiduciary operation regulated by Articles 773–791 of the Civil Code. The provisions regarding the real beneficiary constitute the transposition into national law of two directives, namely Directive (EU) 2015/849 [amended by Directive (EU) 2018/843)], respectively Directive (EU) 2016/2.258. Analysing the versions in several official languages of the European Union (in particular the English and French languages) in comparison with the Romanian version, the author comes to the conclusion of an insufficiently analysed translation and in reference to the applicable legal provisions regarding the Romanian version, which does not sufficiently study the substantial differences between the fiduciary operation and the equivalent of the Anglo-Saxon law, namely the trust. This results in a difference between the English and French versions, respectively the Romanian version. The insertion in the legislation of the provisions regarding the real beneficiary in the case of fiduciary operation constitutes the effect of a rigid formalism by taking over tale quale of some provisions at European level, without a sufficient and detailed analysis of the internal legal provisions applicable in the matter. Having in view certain unclarities of the legal text, it is not excluded that in the future it will give rise to abusive interpretations. In the future it is necessary to analyse the stage of implementation of the central register organized at the level of the National Agency for Fiscal Administration in the case of the fiduciary operations, as well as of the concepts of virtual currencies and fiduciary currencies.

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