POS Requirement and Cashless Payments for Companies

June 2026 • 7 min

Are you facing the obligation to offer cashless payments in your business and are unsure what this actually involves? The legislative framework has evolved significantly in recent years, and starting in 2026 the rules become clearer than ever. This guide explains what is a POS or modern payment methods, what the law currently states, how the legal framework evolved between 2024 and 2026, who has obligations, and which solutions you can choose to comply efficiently—without unnecessary costs.

What Is a POS and What Cashless Payments Mean

What Does POS Mean?

A POS (Point of Sale) terminal is an electronic device that allows merchants to accept bank card payments (debit, credit, or prepaid). Transactions are processed electronically, and the amounts are settled to the merchant according to the terms agreed with the bank or payment processor.

From a legal perspective, however, POS is not the only possible method. Current legislation refers to the acceptance of cashless payments / modern payment methods, with POS being just one option.

Why Does the State Require Cashless Payments?

Reducing cash usage and increasing transaction traceability
Combating the informal economy
Aligning with European practices in the payments sector
Increasing safety for both merchants and customers

Legal Framework – How the Obligation to Accept Electronic Payments Has Evolved (From the 2018 POS Law to the Present)

The obligation to accept electronic payments did not appear suddenly; it was gradually extended through several legislative acts.

Stage 1 – Initial Regulations

Government Emergency Ordinance (GEO) no. 193/2002 introduced the concept of modern payment systems and established, for certain categories of merchants, the obligation to accept card payments, subject to cash-receipt thresholds.

Subsequently, the threshold was modified several times through various legislative acts (including Law no. 209/2016, the POS Law no. 191/2018, and GEO no. 16/2022), eventually reaching the current form: RON 50,000 in annual cash receipts for merchants and service providers.

Stage 2 – Extension of the Obligation (2024)

Through Law no. 406/2023, effective from 16 June 2024, the framework was extended to entities registered with the Trade Register, shifting the focus from merely accepting card payments to accepting cashless payments.

Important: Between 16 June 2024 and 31 December 2025, for merchants and service providers, the RON 50,000 annual cash-receipt threshold remains relevant.

Stage 3 – The Clear Rule from 2026

Law no. 239/2025, applicable from 1 January 2026, completely eliminates the RON 50,000 threshold. From this date:

All merchants and service providers, regardless of volume, must accept cashless payments
The obligation does not refer exclusively to POS, but to at least one electronic / modern payment method

From 2026, the basic rule is simple: the customer must be able to pay electronically, not only in cash.

What “Modern Payment Methods” Mean and How They Differ from a Standard POS

According to updated legislation, modern payment methods include:

Card payments (via POS)
Electronic payment applications
Solutions that initiate account-to-account payments via banking or fintech applications

A relevant example is Paysera – QR code payment with redirection to account-to-account transfer, which allows merchants to accept electronic payments:

With lower fees than card payments
With instant settlement
With increased security, via the customer’s banking application
Without cards, as the payment is made directly from the bank account

Who Is Required to Accept Cashless Payments

Starting 1 January 2026, the obligation to accept cashless payments applies to:

Category | Obligation | Notes

Commercial companies (SRL, SA) | Yes | Regardless of turnover. From 2026, SRLs are also required to have a bank account in Romania (fine of RON 3,000–10,000 + fiscal inactivity).
Authorized Individuals (PFA) | Yes | The method may be POS or a modern alternative. There is no legal obligation for a dedicated bank account (a personal account may be used, although this is not recommended).
Sole proprietorships / family enterprises | Yes | The solution can be chosen according to the business model. Similar to PFAs, there is no obligation for a dedicated account.

Important exception: If all operations are carried out exclusively through bank accounts (with no cash receipts), implementing a POS or another modern payment method is not required. This exception is useful for PFAs or companies that work only with business clients paying via bank transfer.

Fines and Penalties

According to the updated form of GEO no. 193/2002, the penalties are:

RON 20,000 – 50,000 for failing to ensure acceptance of electronic payments (no solution implemented at all)
RON 5,000 – 7,500 for a specific refusal to accept electronic payment from a customer (you have a solution, but refuse to use it)

The distinction is important: one thing is not having any solution implemented, another is refusing electronic payment despite being obliged and having the means to accept it.

How to Comply Efficiently

Practical Steps

Analyze how you currently receive payments (cash, card, transfer)
Choose the appropriate solution: POS, payment application, QR account-to-account
Compare costs and settlement speed
Train staff and inform customers

For many businesses, QR account-to-account payment (Paysera) is an efficient alternative to POS: lower costs, instant settlement, and a simple customer experience.

Frequently Asked Questions (FAQ)

Is POS mandatory?
Not necessarily. The obligation is to accept cashless payments. POS is only one method. Alternatives include payment applications and QR account-to-account solutions.
From when does the no-threshold rule apply?
From 1 January 2026, under Law no. 239/2025. Until then, for merchants and service providers, the RON 50,000 annual cash-receipt threshold remains relevant.
Can I use QR instead of POS?
Yes. Account-to-account QR solutions are considered modern payment methods and meet the legal requirement.
What do I risk if I refuse electronic payment?
A fine between RON 5,000 and 7,500 for a specific refusal, or RON 20,000–50,000 if no solution is implemented at all.
I am a PFA and work only with companies that pay by transfer. Do I need POS?
No. If 100% of your operations are via bank transfer (no cash), you do not need POS or another additional solution.
Do I need a dedicated bank account as a PFA?
It is not legally mandatory—you may use a personal account. However, it is recommended for accounting clarity and professionalism.

Conclusion

From 2026, accepting cashless payments is no longer optional for any entity registered with the Trade Register. Choosing the right solution can reduce costs and simplify operations. Assess whether you truly need a POS or whether an alternative solution (QR account-to-account) is more efficient for your business model.

Legislative References

Government Emergency Ordinance no. 193/2002 on the introduction of modern payment systems (updated form)
Law no. 406/2023 amending certain legislative acts to increase financial inclusion
Law no. 239/2025 on establishing measures for recovery and efficient use of public resources

POS Requirement and Cashless Payments for Companies: What the Law Says About Card Payments and Modern Payment Methods