If you have a company whose activity you want to temporarily suspend, you must submit to the Trade Registry Office next to the court where the company has its registered office, a series of documents necessary for the registration of this mention with the ONRC. How it can do this and what it does you need, our Law Firm can provide you with the assistance and/or legal representation necessary to carry out these operations.
What does the suspension of the company’s activity mean?
Apart from the suspension made by the Fiscal, there are situations when an SRL can interrupt its economic activity, without ceasing its existence. Thus, by suspending the company’s activity, concrete economic activity of the company is developed for a limited activity, requested by the legal representative.
For how long can the company’s activity be suspended?
The activity of a company can be suspended, upon request, for a maximum duration of 3 years. After this time
• or economic activity resumes
• or start the procedure of closing the company.
What happens if you don’t choose one of the two options? If you do nothing, you’ll start racking up penalties for unfiled returns and unpaid taxes. In addition, the ONRC can dissolve the company ex officio,
What happens to the company during the interruption of activity?
A company whose economic activity has been suspended (officially, by the Fisc, or upon request), becomes inactive. However, this does not mean that it ceases to exist, but retains its legal personality. Thus, during the entire period of suspension, the company
1. he can no longer carry out the activity for which he was authorized, so he cannot issue facts and register income
2. may maintain bank accounts and manage amounts held in the account
3. can collect money from the facts issued before the suspension
4. must submit zero declarations
5. He can resume the activity at any time by reactivating at ONRC, regardless of the requested period.
When is the company’s activity suspended?
Regardless of whether you have an old company or a new one with no history, you can decide to suspend the activity for a maximum period of 3 years. Here are two of the situations that can lead to the suspension of company activity:
1. you have established a company, but you still don’t know what you want to do concretely. In this case, you can suspend it at ONRC and you can request the derogatory regime at ANAF in order not to submit zero declarations.
2. you have an old company, with activity, which has reached an impasse, but which you do not want to close, but you need time for recovery. You can request the interruption of the activity at the Trade Register for the time you need, but not more than 3 years.
How come?
Suspension of the company’s activity at the ONRC can be done:
1. physically, by submitting the file with the related documents at the ONRC counter
2. online, by our law firm, based on the representation mandate
Documents required for the suspension of the company’s activity
1. Application for registration (original);
2. In case of temporary suspension of the activity: standard declaration on own responsibility (model 3 – original) from which it can be concluded that the legal person does not carry out the declared activities at the registered office, secondary offices or outside them for a maximum period of 3 years;
3. In case of resuming the activity: standard declaration on own responsibility (form 3 – original) from which it can be concluded that the legal entity fulfills the operating conditions provided by the specific legislation in the field of health, health-veterinary, environmental protection and labor protection for the specified activities ;
4. Decision of the general meeting of associates/shareholders/decision of the sole associate regarding the temporary suspension of the activity or the resumption of the company’s activity (original);
5. proof regarding the authorization of the designated person to fulfill the legal formalities (original) – details;
6. Proof of payment of the legal tariff.
Our law firm can represent you for carrying out this online operation, and to fulfill our mandate we will only need copies of the identity documents of the administrator/administrators.