Who is obliged to obtain the EORI number?

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The EORI number is a unique number in the European Union, which the customs authorities or other authorities designated by the member states assign to economic operators and other interested persons, in order to use it starting from July 1, 2009 for all customs operations carried out by them throughout the territory European Union.

The legal basis at Union level is Regulation (EU) no. 952/2013 of the European Parliament and of the Council of October 9, 2013 establishing the Customs Code of the Union.

The persons who are obliged to request the assignment of an EORI number are:

• economic operators (persons who, as part of their professional activities, carry out activities regulated by customs legislation, such as import, export, transit, storage, representation operations, as well as operations prior to the arrival/departure of goods that are introduced/removed from the territory of the Community);

• persons, other than economic operators, who import/export goods to/from the European Union.

In Romania, the competent authority for registering and assigning EORI numbers is the General Directorate of Customs. EORI numbers will be requested at the regional customs directorates in whose territorial jurisdiction they are based/are established or, in exceptional cases, at border customs offices.

Depending on the type of person, the EORI number assigned by the Romanian customs authority will have the following form:

• for the legal entity based in Romania: RO + CUI;

• for a legal entity based in a third country: RO + ISO alpha 2 country code of the third country + identification number assigned by the authorized institution of the respective third country;

• for associations of persons based in Romania: RO + CUI;

• for associations of persons based in a third country: RO + ISO alpha 2 country code + identification number assigned by the authorized institution in the respective third country;

• for natural persons established in Romania: RO + personal numerical code;

• for the natural person established in a third country: RO + ISO alpha 2 country code of the third country + identification number assigned by the authorized institution of the respective third country.

The structure of the EORI number established by the European Commission consists of an identifier of the member state that assigns the number (ISO alpha 2 country code, consisting of two alphabetic characters), followed by a unique national identifier of the member state (consisting of a maximum of 15 characters alphanumeric).

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The main management structure of the company in Romania is the general meeting of associates / shareholders. The constitutive act establishes the rules for convening and adopting decisions and whether the exercise of the vote can be delegated by special mandate by the associate / shareholder who cannot take part in the meeting. In the limited liability company, each shareholder entitles the holder to one vote in the respective meeting. The general meeting of associates has the following main obligations: ✓ to approve the annual financial statement and to establish the distribution of the net profit. ✓ to appoint the administrators and the censors, to revoke / dismiss them and to discharge them, as well as to decide to contract the financial audit, when it is not obligatory, according to the law; ✓ to decide the pursuit of the administrators and censors for the damages caused to the company, designating also the person in charge to exercise it; ✓ to modify the constitutive act.
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The limited liability company is the most common form of company in Romania, being the legal entity that best serves the interests of investors both from the point of view of the reliability of the activity, and from the perspective of its management. The limited liability company is abbreviated "SRL" in Romania and is the equivalent of the American limited liability company Limited Liability Company (abbreviated to LLC) or the German economic structure "Gesellschaft mit beschränkter Haftung" (abbreviated to GmbH), or the structure called "limited" , the structure used in most Latin American states.
The limited liability company is characterized by:
✓ the character intuitu personae, which means that this economic structure is based on the trust between the associates;
✓ the division of the share capital into fractions called shares, which cannot be negotiable securities;
✓ the liability of the associates is limited to their contribution to the share capital.
The limited liability company may also have a single partner, natural or legal person, of Romanian or foreign nationality, who will be the owner of all shares. Instead, the maximum number of associates is 50 people.
At present, the Romanian law no longer conditions the subscription and payment of a certain amount as share capital.
Through registration, the company acquires legal personality, becoming, under the law, a collective subject of law. The conclusion given by the judge is sent, ex officio, to the Official Gazette of Romania for publication at the expense of the company and to the Financial Administration in whose territorial area is the main headquarters of the company for fiscal registration, mentioning the registration number in the Trade Register .

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