Recent difficulties faced by the National Trade Register Office (ONRC)
Recent difficulties in the activities of the National Trade Register Office (ONRC), caused by implementing changes to the IT infrastructure as part of the digitalization process, as well as the European Union’s legislative initiatives to extend the use of digital tools in corporate law, have created an urgent and extraordinary situation requiring immediate measures. In this context, and to avoid negative consequences for the business environment and ensure an efficient administrative framework, the Ministry of Justice has submitted a draft Emergency Ordinance for public debate. To come into force, the draft must be approved by the Government and published in the Official Gazette.
What is the role of the ONRC?
The National Trade Register Office (ONRC) is the public institution in Romania responsible for registering and managing information about legal entities conducting economic activities, playing a key role in this field. ONRC offers an online platform where users can access various services, including searching for company information, requesting certificates and extracts from the Trade Register, and completing other formalities.
On August 1, 2024, ONRC launched its new online platform designed to help process requests more quickly and efficiently, a launch initially received with much enthusiasm. The goal of the ONRC online platform modernization project was to bring significant improvements in managing commercial information. However, what was intended to be a revolution soon turned into a “digital nightmare” due to the blockages encountered on the platform. This new portal aimed to minimize the waiting time for operations, but due to the new IT infrastructure, the platform offers users numerous delays in these operations.
What problems did users face when accessing the new ONRC platform?
1. Blockages in submitting files and in numerous processes within the platform, such as naming the new company, were the most significant problems encountered when accessing the portal.
2. The submitted files cannot be verified; the additions to the files are not recorded, invoices for payments already made cannot be found, and requests submitted through the old profile cannot be seen on the new portal. These issues leave entrepreneurs unable to manage their financial documents correctly.
3. Deadlines for processing, registering, and resolving requests are too long. Before modernization, these operations took approximately 4 working days. Currently, entrepreneurs face considerable delays in processing and resolving their requests. Additionally, resolution deadlines are automatically extended daily without prior notice, creating uncertainty for applicants.
4. After the launch, multiple security vulnerabilities were identified, exposing users’ personal data and raising serious concerns about protecting sensitive information. Instead of streamlining the submission and completion of requests, the system is becoming more complex, requiring data that is irrelevant to the submitted request.
Emergency ordinance project – A solution to the “digital nightmare”?
The new platform of the National Trade Register Office (ONRC) has thus sparked a series of controversies and frustrations among users, necessitating a change in this regard. In this context, the Ministry of Justice offers a series of temporary solutions to resolve the “digital nightmare.” To reduce the negative impact of this implementation, the Ministry of Justice has prepared a draft Emergency Ordinance (Draft Government Emergency Ordinance on measures related to registration in the Trade Register and for amending Law no. 265/2022 on the Trade Register and for amending and supplementing other normative acts affecting registration in the Trade Register, with subsequent amendments and completions), which aims to simplify and reduce the number of documents or information provided to professionals upon registration.
Firstly, the draft Emergency Ordinance seeks to address the personnel shortage by allowing the re-employment, upon request, of specialized legal staff and legal advisers from ONRC as registrars.
Furthermore, the new project proposes the temporary designation, for a period of one year, of those with management positions in legal specialties within the ONRC to exercise prior legality control of registration in the Trade Register, acting as registrars.
The project also provides for the repeal of Article 110 paragraph (4) of Law no. 265/2022 (issuing a document with certain specific information regarding registration or registration of different mentions), to reduce the number of documents and information attached to certificates issued by the Trade Register offices at the end of the registration process, considering that the application period of the new law has shown that the logistical effort and human resources invested in providing this information are not proportional to the benefit they bring to the recipients.
In conclusion, given the urgency and severity of the difficulties encountered in navigating the National Trade Register Office platform and their impact on the business environment, rapid adoption of efficient measures through an emergency ordinance is required. These measures are necessary to simplify procedures, optimize resources, and ensure the optimal functioning of the National Trade Register Office following European legislative requirements.
For further information or any additional inquiries, please do not hesitate to contact us:
➡ Phone: (+4) 031 426 0745
📧 Email: office@grecupartners.ro
We are here to assist and provide legal support for all your needs. We look forward to discussing with you.
Mihaela Murariu – Attorney at Law
