The Application for state registration of a legal entity (ASP form 3-5) contains a line that is easy to miss:
"I/we declare on my/our own responsibility that I/we hold the prior approval concerning ____________, issued by ____________."
Note 2 on the form states the rule plainly: the declaration is completed only where the law in force requires it. For the overwhelming majority of new LLCs, the line stays empty.
1. What a prior approval is
It is the consent of a regulator, obtained before state registration, without which the Public Services Agency cannot enter the company in the State Register. It is not the same as:
A prior approval concerns the right to exist as a company in that field, not the right to operate.
2. Fields where it is usually required
The list is not exhaustive and changes over time, but the typical cases are:
If the main activity you pick at the CAEM step falls in one of these fields, check the requirement before filing.
3. The company name may need a separate permission
A common case that has nothing to do with the field of activity: certain elements of the name. Article 9 of Law No. 220/2007 has no list of reserved words such as "national" or "state", but it sets a few rules:
These are permissions concerning the name, not the prior approval this article is about.
The simplest remedy is to choose a different name. SRLRapid checks the form of the name, but its availability and admissibility are confirmed only at ASP.
4. Foreign founders and strategically important sectors
If one of the founders is a foreign legal entity and the company will operate in a sector considered important for state security, the investment may first have to be screened by the competent authority.
For a founder that is a foreign legal entity, the file must also include documents proving the parent company's existence and representation, duly legalised (apostilled or super-legalised, as applicable) and translated.
5. How to fill the line in
6. What you risk by ignoring it
A file submitted without a mandatory approval is rejected, and the state fee paid is not automatically refunded. Worse, a company registered for regulated activities without the prior consent risks penalties and removal from the register.
Conclusion
For an ordinary LLC — retail, IT, consulting, services — no prior approval is needed, and the line stays blank. Check the requirement only if you are entering a regulated field or have a foreign legal entity among the founders. If the name contains the name of the state, a locality or a well-known person, you separately need the corresponding permission.
Note: this guide is informational and reflects ASP practice at the date of publication. SRLRapid prepares the documents but does not replace legal advice and does not file on the founders' behalf. For regulated cases, consult a lawyer or the relevant authority directly.
