Changes regarding the prevention of payment default

27.09.2016

The Emergency Cabinet Ordnance no. 77/1999 regarding measures for preventing the payment default was changed through OG 22/2016, published in the Official Monitory no. 658 of 29.08.2016. Please find below the stipulations of the Emergency Order 77/1999 with the changes brought by the OG22/2016 :

Legal persons, regardless of their type of organization and ownership, have the responsibility of drawing-up the situation regarding overdue amounts older than 30 days since the issuance of the fiscal invoice or since the payment term, if it is specifically mentioned, by any creditor, respectively by any debtor (legal person), according to each situation, with the headquarters in Romania. The situation will include:

a) Identification data for the quality of debtor (for the reporting legal person):

1.name, official address and fiscal identification code;
2.name, official address and fiscal identification code of the creditor;
3.number, day of issuance, payment term, if it is clearly specified, amount and the previous balance of the invoice to be paid to the creditor;

b) Identification data for the quality of creditor (for the reporting legal person):

1.name, official address and fiscal identification code;
2.name, official address and fiscal identification code of the debtor;
3.number, day of issuance, payment term, if it is clearly specified, amount and the previous balance of the invoice to be paid by the debtor.

The situation described above is updated by the legal persons tax-payers in one office day after each change occurred.

This list will be sent through the Internet at the dedicated address, in order to be included in the procedure of compensating the overdue debts.

The Ordnance has come into act on September 1st 2016, and the contraventions it stipulates will come into force on September 29th 2016 (30 days since the day of publishing).

Are considered as contraventions, if they are not perpetrated in conditions that qualify them—in the understanding of the criminal law – as crimes, the following:

a) the lack of observance and updating by the tax-payer of the obligation of drawing-up of the situation of overdue payments according to the situation of the current Emergency Ordnance is sanctioned by a fine between 500 lei to 1.000 lei;

b) the omitting of the transmittal to the Management and IT Institute of the Industry and Commerce Ministry of the situation regarding the overdue payments in the term stipulated by 3 is sanctioned by a fine between 1.000 and 5.000 lei.

Article 3 does not stipulate a term anymore. Before the publishing of OUG 22/2016 the term was of 30 days (the requirement was for a monthly update). From the current wording one understands that after each change/update the list is transmitted through e-mail at the address http://gama.imi.ro.

c) the lack of observance, by any user, of the obligations regarding the confidentiality of information, data and situations is sanctioned with a fine between 1.000 and 5.000 lei.