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Grant a power of attorney

A Power of Attorney (POA) is a legal and written document that allows you to appoint any other person or any organization to handle your business affairs when its needed to grant a power of attorney.

A power of attorney is a legal document that grants an individual, known as the attorney-in-fact, the power to act on behalf of another person, known as the grantor.

This document can be used to grant the attorney-in-fact the power to act in legal and financial matters, such as signing documents, making investments, and managing bank accounts.

If you are considering granting a power of attorney, it is important to understand the various types of powers of attorney available and the legal implications of each.

Types of Powers of Attorney

There are several types of powers of attorney, including:

General Power of Attorney: This grants broad powers to the attorney-in-fact to act on behalf of the grantor in legal and financial matters.
Limited Power of Attorney: This grants specific powers to the attorney-in-fact, such as the power to manage a particular bank account or sell a specific property.
Durable Power of Attorney: This remains in effect even if the grantor becomes incapacitated or unable to make decisions.
Springing Power of Attorney: This becomes effective only under certain conditions, such as the incapacitation of the grantor.

Legal Implications

Granting a power of attorney is a serious decision and should not be taken lightly.

It is important to choose an attorney-in-fact who is trustworthy and capable of acting in your best interests.

Once you have granted a power of attorney, you are giving the attorney-in-fact the power to make decisions on your behalf

In the case you may not be able to revoke the power of attorney if you change your mind.

In addition, if you grant a power of attorney to someone who misuses their power, you may be held responsible for any damages caused by their actions.

It is important to carefully consider the risks and benefits of granting a power of attorney before making a decision.

How to Grant a Power of Attorney

To grant a power of attorney, you will need to draft a legal document that outlines the powers being granted

The documents should contain duration of the power of attorney, legal conditions, limitations.

This document should be signed and notarized to ensure its validity.

It is also important to notify any relevant parties, such as banks or investment firms, that you have granted a power of attorney.

This will ensure that the attorney-in-fact is able to act on your behalf when necessary.

Granting a power of attorney can be a helpful tool for managing your legal and financial affairs

This is important to understand the legal implications and risks associated with this decision.

If you are considering granting a power of attorney, it is recommended that you consult with an experienced attorney to ensure that your rights and interests are protected.

The power of attorney needs to be explicit.

Power of attorney for property must be described in detail as location, quadrature, the basement or ceiling, the common parts of the building, the right of construction or the yard.

You must indicate whether the authorized person has the right to negotiate the terms of the notarial deed, whether he has the right to receive the sale price, and so on.

TIP: Read carefully the documents & power of attorney before you sign them.

Do not authorize people you do not know or trust in a case of grant a power of attorney

A power of attorney is a document to be signed only by the party issuing it, that is, the authorized person does not undertake to perform the assignment.

To make arrangements for this, you need an additional contract signed by both parties.

A power of attorney is required when the owner of a real estate wants to dispose of the following actions:

We talsk about action like to sell, donate, replace, transfer over viewing and maintenance, establish a right in rem, etc.

According to the legal requirements in a power of attorney of this type, it is necessary to have a description of the specific properties to which it refers.

For this reason, carry and submit a document of ownership to the notary in order to make the document true.

It is still debatable whether the sale price should be explicitly stated.

The power of attorney for disposal of a real estate may be temporary or indefinite, but together with it 2 signatures are signed. declarations –

The first is under Art. 264, para. 1 of the Tax law- with which the person declares that there are no outstanding obligations for taxes, duties and obligatory insurance contributions, which have not been extinguished;

The second declaration – the one under Art. 25 Notary act is for citizenship and civil status.

The first statement is valid for 6 months, so even if the power of attorney is indefinite.

All declarations should be signed and authenticated again before a Notary.

Validity of the power of attorney

The validity of the power of attorney is determined by the authorizing person, but it also depends on various factors, especially those in practice.

There are several ways to determine the validity of the power of attorney.

In order to determine its validity, the power of attorney may contain any of the texts listed below.

1. The power of attorney shall record the period of its validity by the authorizing officer.

2. The power of attorney is valid until the designated action for which it has been issued.

3. Power of attorney applies until it is withdrawn by the Authorizing Officer (but not more than 10 years from the date of issue).

4. Power of attorney is indefinite. (but no more than 10 years from the date of issue).

Termination of the power of attorney

The power of attorney shall terminate upon one of the following:

1. The authorizing officer shall withdraw the power of attorney.

2. The authorized person shall refuse to execute it.

3. The term specified in the power of attorney has expired as a term of validity.

4. With the death of one of the parties under the power of attorney.

5. With the seizure of the document by a body of authority or its detention as a written proof by a notary and others.

Important facts about the power of attorney

1. The power of attorney shall be valid only in the original.

If the original of the power of attorney is not presented, it may be assumed that it was withdrawn by the authorizing officer.

2. The notarial power of attorney is the most commonly falsified / falsified document.

We remind you that this act is being prosecuted and punished by the law enforcement and judicial authorities.

Withdrawal of power of attorney

To withdraw a notarized power of attorney, please contact the notary who certified it.

The withdrawal of the power of attorney shall be by several means, depending on the reason for the withdrawal.

What are the relationships between the parties; is there a danger of abuse? what volume of rights contains the power of attorney; and others.

May 6, 2019/by lawyer

Legal advices, News, Personal

Recognition of foreign judgments

One of the core consequences of globalisation has been the rapid increase in trans-national litigation and the associated need to enforce judgments across national borders. Recognition and enforcement of foreign countries’ court decisions in another country has always been a delicate and difficult issue.

It is known that the system does not have a universal rule and each country adopts its own valued judgment with regard to foreign decisions.

There is also a clear and relatively easy procedure for the enforcement of judgments and other acts passed in other EU Member States.

The Civil process Code does not contain provisions on recognition and enforcement of decisions and acts of countries other than EU Member States.

The Regulation

Recognition and enforcement of judgments rendered in non-EU countries should be subject to different procedures under the Code of international private law act.

According to part four of the CMR, the conditions introduced in Art. 117 The Code of international private law act for recognition and enforcement is as follows:

The decisions and acts of foreign courts and other bodies are recognized when:

– the foreign court or authority was competent under the provisions of Bulgarian law:
– the defendant was served with a copy of the application, the parties were regularly summoned and the basic principles of Bulgarian law related to the defense were not violated ;
– if between the same parties, on the same grounds and for the same request, no decision of a Bulgarian court has entered into force;
– if there is no pending trial between the same parties, on the same grounds and for the same claim, before a Bulgarian court
– recognition or admission of performance is not contrary to the Bulgarian public order.

Legal frame of recognition of foreign judgments

The Recognition of foreign Judgments is made by the body before it.

In the event of a dispute over the conditions for recognition of the foreign judgment, a settlement action may be brought before the Sofia City Court.

A claim is made before the Sofia City Court to allow enforcement of a foreign judgment.

The application shall be accompanied by a copy of the decision certified by the court which issued it and a certificate by the same court that the decision has entered into force.

These documents needs to be certified by the Ministry of Foreign Affairs of the Republic of Bulgaria.

The court shall examine of its own motion the conditions under Art. 117.

The defendant in the procedure for recognition and enforcement of the foreign decision can not invoke violations under Art. 117, item 2, which he could have pointed out before the foreign court.

The court does not go into the examination of the substance of the dispute, resolved by the foreign court.

The debtor may object to the discharge of the obligation on the basis of circumstances that have arisen after the entry into force of the foreign decision.

The debtor may not object to the discharge of the obligation on the basis of the circumstances after the enforcement decision has entered into force.

Regarding the recognition of the consequences of foreign enforcement and security acts – the regulation is in Art. 124 International law act in Bulgaria-

If there is a claim before a Bulgarian court for the recognition of a judgment given in a non-EU country and there are no other international instruments in the field of family law that have been signed and ratified by both countries.

The foreign state at the same time as the CPC does not contain provisions on recognition and Enforcement of Foreign Judgments other than EU Member States, the recognition procedure will be Part Four of the CMR, considering the legal conditions under Art. 117 KMCP.

The court procedure in Bulgaria

A decision certified by the Ministry of Foreign Affairs of the Republic of Bulgaria must be submitted to the court, that it is apparent that the same has entered into force.

After assessing the conditions under Art. 117 CMMR and to check whether it is contrary to the Bulgarian public order, the court decides whether it admits or not.

It is important to note that, according to the provision of Art. 121 para. 1 Code international private law act, the court in the exequatur procedure does not examine the merits of the dispute.

May 4, 2019/by lawyer

Legal advices, Uncategorized

Getting enforcement letter Bulgaria

Procedure for issuing an order for payment

The order for payment procedure is a court procedure that is used to simplify the enforcement of monetary claims and the restitution of property.

Its object is obtaining of a writ of execution without a legal trial.

The fees for initiating the procedure for issuance of an order for payment amount to 2 % (two percent) of the value of the claim.

In addition, the claimant could incur some expenses for attorney’s fees, which depend on the value of the claim.

If the debtor raises objections against the issued order for payment and a trial begins. Getting enforcement letter Bulgaria

If the debtor fails to raise objections, a writ of execution shall be issued in favor of the claimant and on its grounds an enforcement procedure begins, the additional costs of 2 %

The procedure of getting enforcement letter Bulgaria…

Under the current Civic code, and in particular the provisions of Art. 410 and Art. 417 CC, anyone can ask the district court to issue an enforcement order.

The order of execution is valid ground for issuing a writt of enforcement letter.

In this sense, the enforcement order replaces the judgment as such.

The purpose of this commandment is a quick, surprising and more economical process.

This in practice means that the claim can be based on almost any basis – a contract of employment, a rent contract, a loan contract, and any kind of bonding relationship in general.

The proceedings shall begin with an application by the applicant (the creditor) to the district court under the common local jurisdiction – at the permanent address of the debtor.

The District Court examines the application by verifying its regularity and the admissibility of the proceedings.

The applicant must also reflect the basis on which he refers for his affection. Getting enforcement letter Bulgaria

This practice may be a contract or other documents showing that the claimant has one claim from a creditor.

In turn, the debtor may object to the warrant issued within 14 days, which in any way has no evidential value for the existence of the claim up to that point.

It becomes the enforceable ground on which to issue a writ of execution in order to initiate enforcement proceedings against the debtor.

Of course, he may also voluntarily pay his debt if he acknowledges it within the same 14-day period following the receipt of the order.

If, however, he objects to the general claiming process, the claimant in the order for the proceedings has a one-month term from contesting the claim in which he can file a claim with the same court.

July 16, 2018/by lawyer

Legal advices, News, Personal

Debt Recovery Solicitors

Our industry-leading team of debt recovery lawyers has been operating for more than 15 years as s debt Recovery Solicitors.

We combines the abilities of a debt collection cases with the expertise of a Bulgarian law firm.

Debt recovery for businesses requires prompt action being taken and quick recovery where possible to help with cash flow and ensure payment for goods and services.

We work hard to recover outstanding debts fast and cost-effectively, usually settling cases without the need for formal legal action.

Over the last ten years we’ve achieved outstanding results, we work as debt recovery solicitors recovering huge amount of fund for our clients.

Our specialist debt recovery solicitors act for SMEs and large businesses to help pursue and recover debts owed.

Our debt Recovery Solicitors can discuss with you the best way to try and obtain payment for unpaid debts.

We provide practical help whatever the situation and the amount of the debt.

We will provide clear advice on all the commercial factors to consider when pursuing repayment of a debt and will often provide funding options based on the amount of the debt and whether it is likely to be disputed by the Debtor.

Factors our debt recovery lawyers consider in the assessment include:

Whether legal costs will be recoverable as part of any claim.
Normally legal costs of representation are only recoverable if the debt is over the small claims limit of EUR 25,000.
Debt recovery options such as a letter of claim, statutory demand, court proceedings.
If the Debtor is in financial difficulty and incurring legal costs of court action and securing a judgment may not result in the debt being repaid as the Debtor has no assets against which recovery can be made.
If there is a possible dispute in relation to the debt or a possible counterclaim.
How the debt arose and what terms were agreed as regards repayment.

Our Debt Recovery team regularly advises on:

Pre-legal collection including lettering, telephone debt collection, and trace and collect
Legal collection, including county court proceedings, mediation services, defended legal actions, enforcement, negotiation and advocacy
Payment agreements, including instalment monitoring, chasing defaults and regular instalment assessments
Insolvency action, including bankruptcy, winding up, advice on debtor’s petitions, Individual Voluntary Agreements (IVAs), Company Voluntary Agreements (CVAs) and post insolvency trustee liaison
General debt recovery advice, including Pre-Action Protocol for Debt Claims compliance, process review, credit control and credit management advice

To learn more about how our specialists can help your business to recover unpaid debts,

please contact a member of our below directly on +359 897 90 43 91 or send us an email office@lawyer-bulgaria.bg

Why am I getting letters from a solicitor?

Some companies of solicitors also act as debt collection agencies. Your original creditor may have sold the debt to them, and if the letters ask you to pay the solicitor directly, this is probably what has happened. Or your creditor may be paying the solicitor to collect their debts. This is usually the case if the letter tells you to pay the original creditor. The solicitor may be part of your creditor's collection department using a different name. Check the small print on the letters to see if it mentions the original creditor, or compare the addresses to see if they're similar. This used to be common practice for many banks and other creditors, but most have now stopped doing this because it can be misleading.

What can solicitors do to collect debt?

A solicitor can't do anything different to your original creditor. They can write to you or call you to ask for payments but they don't have any extra powers. They could continue to add interest and charges or they could take you to court. But these actions are much less common than you might think. Solicitors have to follow the same rules from the Financial Conduct Authority as your original creditor when they collect any debts regulated by the Consumer Credit Act. This includes most common debt types such as credit or store cards, overdrafts, personal or payday loans, catalogues or hire purchase

Why choose our law office for your debt recovery case here ?

We will work closely with you to achieve the highest recovery rates and best possible outcomes. We settle many cases quickly and without the need for formal legal action. Where this isn’t possible, we’ll issue court proceedings and advise you on the most appropriate action. The success of our approach is shown by the number and value of debts we have recovered. We build long standing partnerships with clients, becoming a vital part of their team Our online case management system lets you send us new instructions and updates

June 24, 2018/by lawyer

Legal advices, News, Personal

Dispute Resolution | Litigation

Our team of litigation lawyers aid clients in managing and resolving civil disagreements.

We offer a comprehensive range of services including pre-trial counseling, advocacy, risk evaluation, out-of-court settlements, and representation in arbitration tribunals and courts at every level for both corporate clients and individuals.

We’ve built a solid reputation as dispute resolution & litigation lawyers, tracking record in commercial and civil litigation cases presented to local courts.

In recent years, we’ve successfully broadened the scope of our dispute resolution practice.

Our legal portfolio encompasses high-stakes international arbitration both within and outside of Bulgaria, as well as large and intricate international disputes that involve multiple jurisdictions and/or matters.

The disputes we handle can range from:

Outstanding payments or
Unmet contract obligations to
Issues between landlords and tenants,
Violations of property rights,
Claims related to construction,
Legal cases involving insurance liabilities,
Transportation accident cases,
Defective product disputes, trade industry legal disputes, and more. There’s virtually no limit to the list of disputes we can help resolve.

That’s just in the commercial sphere

Our comprehensive guide to commercial competency extensively explores the usual types of litigation involving private individuals.

When disputes cannot be resolved through negotiation, they are typically brought to a close either through courtroom litigation or an alternative form of dispute resolution.

Arbitration and mediation are the most frequent alternatives in Dispute Resolution | Litigation

Arbitration, often designated as the desired method in business contracts, functions much like a private court.

Mediation, on the other hand, is typically accomplished through structured discussions between the conflicting parties, supervised by an impartial mediator.

However, these alternative solutions can present their own issues:

the cost of arbitration can rival that of traditional litigation,
mediation may not be suitable for intricate cases,
some suggest that alternative dispute resolution methods can be exploited as a strategy for draining financial resources from one another or for concealed questioning.

What we offer to our clients ?

Counsel plaintiffs about the legitimacy of their case, and guide defendants on whether to resolve or battle against a claim presented towards them.

Collect proof and secure witnesses to fortify the client’s stance; devise strategic plans for the case.

Commence court proceedings or initiate alternative dispute resolution methods if discussions with the adversary don’t yield a satisfactory outcome.

Act as a representative of clients during pre-trial meetings and case management discussions.

Participate in meetings with barristers, providing them with the necessary briefs to carry out advocacy in hearings, trials, and arbitrations.

Accompany clients to trials, arbitrations and mediations; offer support to barristers.

June 24, 2018/by lawyer

Legal advices, News, Personal

Registration of a branch

The dynamics of modern business relations can easy switch to another country of doing business in different settlements by registration of a branch.

If you have such a need, you are generally faced with three options for doing business:

A) register individual “subsidiaries” of trading companies and through them to carry out your business.

With this option new companies are emerging and they have separate business enterprises.

The common between them is in the owner who owns them, but in the case of third parties they are completely independent subjects;

B) to disclose retail outlets (warehouses, shops, etc.) in the different settlements, without creating new companies and operating in them.

In this situation, no new legal entity emerges – a company, the trader himself engages in legal relationships with third parties.

B) register a branch through which to separate the performance of part of your activity in a settlement other than that in which your company has its registered office.

The branch is a legal-organizational form for carrying out a business activity in which a trader (firm), through a relative separation of part of its activity, carries it out in a settlement other than that in which its seat is located.

In the internal relations, the branch is dependent on the trader and this dependence is manifested in different directions, for example in:

A) the lack of an independent firm, and the branch company includes the trader’s firm and the branch add-on;

(B) the branch is part of the trader’s business (and, if transferred, the branch is transferred).

In disputes arising out of a direct relationship with a branch, claims are brought against the firm (as may be done at the headquarters of the branch);

B) the termination of the trader also leads to the termination of the branch (the same applies when the bankruptcy is declared);

D) the branch does not compile a stand-alone balance – the branch leads commercial books as a sole trader without compiling a separate balance sheet.

Registration of a branch

Branch registration is the result of the following procedure, which includes:

1. decision on the establishment of a branch;

2. election of a branch manager;

3. Entry in the Commercial Register (TP).

The decision to register a branch is taken by the competent corporate body under the rules of the relevant commercial company:

The decision should contain a clear intention to establish a branch and its headquarters, address of management, subject of activity, manner of management.

Setting up a Bulgarian branch by a foreign company is one of the legal forms for establishment of a business presence in Bulgaria.

Usually the branch office is considered to be an alternative to being a (sole) shareholder of a Bulgarian company.

The Bulgarian branch office is not a separate legal entity but a part of the foreign company.Registration of a branch

As a result, share capital of the branch is not required and the foreign company is liable for the liabilities incurred by the branch.

Legal Representative of the Bulgarian Branch

Though the Bulgarian branch office is not a separate legal entity and appointment of a director is not required, the authorization of a legal representative of the branch is mandatory.

The representative powers of the legal representative are determined by a power of attorney granted to him by the foreign company.

Registration with the Bulgarian Commercial Register

Under Bulgarian legislation branches are required to be registered with the Bulgarian Commercial Register. The necessary documents to register a branch in Bulgaria include:

official certificate of good standing of the foreign company;

official incumbency certificate containing the particulars of the persons authorized to represent the foreign company and their representative powers (if not contained in the certificate of good standing);

resolution of the foreign company to establish a branch in Bulgaria (the persons competent to adopt such a resolution are determined by the national corporate law of the foreign company);

constituent act/articles of association of the foreign company;

notarized power of attorney granted to the legal representative of the Bulgarian branch;

notarized written consent and specimen signature of the legal representative of the Bulgarian branch;

declaration under art.13, para. 4 of the Bulgarian Commercial Register Act.

Accounting

Under the Bulgarian Commerce Act following the successful branch office registration, the branch is required to maintain its own bookkeeping as well as to prepare a balance sheet.

Taxation

Under the Bulgarian tax legislation the profit generated by a foreign company’s branch established in Bulgaria is subject to corporate income tax.

June 24, 2018/by lawyer

Legal advices

Changing manager LLC Bulgaria

Change in the manner of management and representation or change of the person (s) representing the company

A change in the management of a company may occur when two or more persons are elected in the place of a manager to represent and manage the company together or separately, as well as the appointment of a procurator.

I. In the Commercial Law an option is provided by the manager of the company aloneto request it to be removed from the Commercial Register by giving written notice to the company.

Within one month of receipt of the notification, the company must declare its release in the Commercial Register for entry.

If the company does not do so, the manager may himself file for registration the fact that is entered, whether or not another person is elected in his place. In a nutshell, in order for the manager or the liquidator to declare the deletion alone, the law provided for the existence of two prerequisites – the manager / liquidator / requested the deletion by written notification to the company and the company had not declared its deletion in within one month of receipt of the notification.

The second and more frequent reason for change of manager in OOD is

Election of a new governor after the expiry of the mandate of the old governor or
Withdrawal of the manager’s authorization at any time during his term of office,
Resignition of the manager.

Empowerment of the manager may be withdrawn at any time and his name deleted from the commercial register.

The freedom of the general assembly to free the governor at any time, respectively to elect a new governor, is imperatively regulated by the legislator, and it results from the free withdrawal of empowerment (including empowerment).

There is a complete correspondence between the possibility of the general meeting of the company to withdraw the authorization of the manager / for the dismissal of the manager / as provided in Art. 141, para. 5 of the Commercial Act, the unilateral withdrawal of the manager, with a written notification to the company. The possibility of a free change of the manager is related to the fact that the legislator did not introduce grounds for the dismissal of the manager.

Even in cases where such a foundation is provided in the company agreement, they could not overcome imperatively the art. 141, para. 4 of the CG freedom of the General Assembly to withdraw the authorization, but such grounds would have significance in the search of the manager’s responsibility.

The change of the manager of the company should be entered in the Commercial Register.

Upon the change of the current manager, it is necessary to conclude a new written contract for the assignment of the management on behalf of the company, also the general meeting must take a decision to amend the company contract if the management and representation of the company change are the essential elements of the contract.

This decision must be taken by a majority of more than three-quarters of the capital unless a majority of the company’s agreement is provided.

The decision shall be drawn up with a notary authentication of the signatures and the contents made at the same time, unless a written agreement is provided in the Articles of Association.

The decision shall be entered in the record book. In LLC, a change in the way of management most often means assigning the management of EOOD to a procurator, but it is possible to appoint a governor if the constitutive act does not exclude the possibility of appointing a third party manager.

The procedure for entry in the Commercial Register and the register of non-profit legal entities lasts three working days.

Our legal services includes:

1. Drafting & preparation of the necessary documents, according to the requirements of the Commerce Act;

2. Drafting of applications of the Registry Agency – Commercial Register and all other necessary documents;

3. Transfer & payment of Register state fee for recording changes in circumstances;

4. Transfer of all state fee for Commercial Register, bank Fees;

With our service we will save you valuable time, with our knowledge and skills we will complete the entire procedure for you at moderate competitive prices.

June 24, 2018/by lawyer

Legal advices

Applying transport licence Bulgaria

Any carrier wishing to carry cargo on the territory of the Republic of Bulgaria and / or on the territory of the European Union must register a transport company and hold the respective license to carry cargo on the territory of the Republic of Bulgaria or a license to carry out international freight transport.

This development concerns the registration of a freight transport company within the European Union (the procedure for registering a freight transport company on the territory of the Republic of Bulgaria is similar).

This is the issue of a Community license for the international carriage of goods. The procedure for issuing such an international transport license is regulated in ORDINANCE No 11 OF 31 OCTOBER 2002 FOR THE INTERNATIONAL CARRIAGE OF PASSENGERS AND GOODS .

The state fee for issuing an international license for freight transport from January 1, is 500 leva. The freight license is NOT indefinite! It shall be issued for a period of validity of 10 years, after which it shall be renewable.

1. In order to operate as a freight carrier, you must first register a transport company. It is recommended to be in the form of EOOD or OOD.

The transport activity can be realized with both own and hired heavy trucks, but obligatory with Bulgarian registration.

2. The license of the transport company is issued by the Minister of Transport, Information Technology and Communications on a proposal of the Automobile Administration Executive Agency.

Any transport company applying for a freight license must meet certain specific requirements, namely:

I. REASONABILITY – The requirement of reliability is met when transport managers are not convicted of deliberate crimes of general character under the Penal Code or are not deprived of the right to exercise transport.

II. PROFESSIONAL COMPETENCE – The transport manager must have a Certificate of Professional Competence issued by the Automobile Administration Executive Agency or a Certificate of Professional Competence issued by a competent authority of a Member State of the European Union. Note that a person may be the head of the transport activity of no more than two transport companies.

III. FINANCIAL STABILITY – Demonstration of the financial stability of the transport company depends on the number of vehicles with which the transport activity will be carried out. For the first car, the transport company proves that there are resources for carrying out its transport operations, equal to the BGN equivalence of EUR 9,000, and for each subsequent car the BGN equivalence of EUR 5,000. The provision of the above mentioned resources for transport activity is evidenced by the corresponding amount in the capital of the transport company, through bank guarantee and insurance contract.

At the same time, the transport company must have no tax and social security obligations unless it is deferred or deferred under the Tax and Social Insurance Procedure Code, as evidenced by the Certificate for the existence or absence of tax liabilities.

IV. ESTABLISHING THE TERRITORY OF THE REPUBLIC OF BULGARIA – the transport company must have its own or hired operational center, garage area and office.

Compliance with each requirement should be certified by the relevant document. The circumstances declared in the contracts, declarations, etc. are controlled and controlled and checked prior to the license being issued by the licensing authority, so it is advisable to use advisory services to specialists who are familiar with the practical requirements for issuing such a license.

The time limit for the issue or refusal to issue a license for the carriage of goods is 30 calendar days from the date of filing of the application. If there is a document missing or there is an irregularity in the documents submitted, the deadline for their removal is one month after receipt of the instructions from the Ministry. The license is issued in as many copies as the vehicles themselves.

We would like to offr you our legal service as follows :

• Drafting of documents & registration procedure of your new shipping company for you.

• Legal advices to preparation , fill in and submit the necessary documentation for the issuance of an international freight license.

We will save you valuable time with our knowledge and skills to complete the registration process and get a freight license for you at moderate competitive prices. Call us now on `+ 359 897 90 43 91 or send us your mail on оffice@lawyer-bulgaria.bg

June 24, 2018/by lawyer

Legal advices, News

Legal division of property

When co-owners of common property fail to understand how to divide their property voluntarily and turn their ideal parts into real, they can turn to the court for legal division of property

This way of termination of the co-ownership is settled as a particularly indisputable production, which takes place in two phases .

Any joint proprietor may file a claim for a division, which is always subject to the district court of the place of inheritance (in the case of a division of inheritance) or the location of the property (in the case of a split of a real estate). Where incapacity or abstention is involved in the partition, prior permission of the District Court is required.

Division by Court settlement. In any case of a court case (prior to the entry into force of the court decision on the distribution of the property), the judicial separation may end with a court settlement. Legal division of property

The latter includes a contract between the parties for the distribution of properties and a definition by which the court approves the settlement if it does not contradict the requirements of the law and good morals.

A particular type of court settlement is the agreement of the spouses to divide their property upon divorce by mutual consent.

FEATURES OF Legal division of property

First stage of the legal division of property

In the first phase of the partition the issues between who will be partitioned, which properties and what is the part of each ofthe partitioners are clarified .

The action for partition is not extinguished by prescription.

The subject matter of a division may be all or part of the property, unless the law provides otherwise, or if it is incompatible with the nature or purpose of the property. If one of the co-owners does not take part in the division, it is entirely null and void.

The court decides by a decision on the admissibility of the division, which is subject to self-appeal, after its entry into force, a new hearing is scheduled and the division continues in its second phase.

At the request of some of the distributors, the court ruled on the issue of the temporary distribution of the use of the property until the end of the divestment and the sums that the users should pay to the others.

– Second phase of the judicial split of property

In the second phase of the division a real distribution of the shares admitted to partition is made between the parties that are recognized as co-owners and according to the established shares with the court decision of the first phase of the admission of the division.

Whenever possible, each of the partitioners should receive a real share of the objects subject to the divestment, as the units are equalized with money.

In the second phase of the division, if submitted, the following shall also be considered:

the claims on the accounts of the distributors to recognize the costs he has incurred to increase the value of the property
claims to increase the inheritance (inheritance split)
as well as for the assignment of an indivisible residential property (in the case of a divorce of a matrimonial property community or an inheritance).

The casting may be done by drawing lots or by partitioning where the prerequisites provided for in law are available. Where a property is unalterable and can not be placed in one of the lots, the court shall order it to be put out for public sale.

This phase of the division ends with a court decision that has the power of a notary deed on shared real estate and is subject to entry in the Registry Office on the location of the property.

Public sale of the real estate

Where the co-owner to whom the property is awarded fails to pay the remaining monetary equation within six months, the award decision is invalidated by law and the property is exported to a public auction.

In this case, the property may not be sold for public sale and assigned to another co-owner if it has made a request for an assignment, the legal prerequisites are in place, and he immediately pays the price at which the property is valued at the split, less the value of his share in it.

When making the sale, the distributors take precedence over the third parties involved in the sale, each of them being able to buy the property at the highest bid.

If several distributors wish to redeem the property at the highest price offered at the first sale, a new sale is only made between these dividers, which is carried out under the general rules.

After that the actual distribution is executed. With the help of an expert the court divides the real estate by creating of separate shares for each co-owner after which each of them receives his property by lot.

Each party of the case for judicial division pays the outstanding court fees according to the market price of the received share. There are no obstacles for the parties to make an agreement about the way of termination of the co-ownership during the judicial division and to arrange a court settlement.

June 24, 2018/by lawyer

Legal advices

Divorce procedures Bulgaria

For many people the concept of “divorce” is associated with stress and material loss, and so many people prefer not to take action on their personal lives, hoping that over time they will all sort and do not apply for divorce. As we interact with many of our international clients and potential clients, we realize that most people do not understand the divorce laws in Bulgaria.

They are confused about the Bulgaria divorce process in general. But, this is totally understandable.

The law is complicated and most people are not lawyers, so they do not need to know this information. But if you are here reading this article, you are interested. So I am going to try to explain some of the Bulgaria divorce laws in the simplest terms possible without all the arcane legalese.

Lots of law firms have articles about different aspects of the Bulgaria divorce laws. They tend to be short articles about a particular subtopic, or they are covert advertisements about how great a particular law firm is, rather than an overview of the Bulgaria divorce process.

What’s the Process?

There may be some variations in the process depending on the facts of your case (like, whether you have children and where you live), but most divorces with agreement look something like this:

Divorce in Bulgaria is subject to the Family law in Bulgaria, governed by the Bulgarian Family code that settles relations based on marriage, kinship adoption, as well as well as guardianship and tutelage. In Bulgaria, divorce procedures could be done in two ways:

Divorce by mutual agreement or
Divorce through breakdown of marriage, when both spouses are Bulgarian citizens. As such, the Bulgarian legislation is applicable.

As relationships get worse, spouses acquire children, different property is acquired, but in fact the family does not exist in the meaning of this concept of morality and law.

Suddenly he / she / decides that they want more than life and divorce, which is often absolutely unexpected for the other partner who should take action to get out of this unpleasant situation with minimal mental and material loss.

Divorce due to marriage disorder is a procedure that aims to end marriage due to a “deep and irreparable” disorder (Article 49 Family code). The claim is constitutive, is brought to the district court on the defendant’s permanent address.

The court is seized with the filing of a claim by one of the spouses meeting the requirements of the CPC and containing the requisite requisites – addressee, country data, relevant annexes, etc. and the request to the court to settle a divorce due to a deep and irreparable marriage disorder.

The personal appearance of the parties is mandatory at the first hearing. A consequence of the plaintiff’s unreasonable failure to appear is termination of the case.

The legal procedure of divorce by claim order

The legal regulation of the procedure has been describen in art. 49-52 Family code.,

A divorce by mutual consent is preferred when both parties agree on the reasons for divorce and the court allows for the procedure to take place without investigating the cause for the dissolution of the marriage.

This is the simplest type of divorce in Bulgaria and the costs involved in the procedure are much lower than in other cases.

Spouses must come to an agreement regarding the custody of the children, visiting rights, the division of the property acquired during the marriage, the use of the family name etc.

The evidence of the deep and irreparable disorder of divorce, which is the basis for divorce cases, must be proven in a competitive process .

The Court should establish the reasons for the occurrence of a temporary and disruptive disorder, but its profound and irreparable disorder – these may be objective circumstances, and or marital malfeasance of one or both of the spouses.

Divorce proceedings in Bulgaria due to marriage disruption should be initiated by only one spouse . If there is mutual consent for the divorce, proceed according to Art. 50 of Family Code – divorce by mutual consent.

Account should be taken of the restrictive legal norm of Art. 320 of the Code of Civil Procedure, according to which the divorce proceedings are suspended if the wife is pregnant (until the child’s 12 months of age) if she so requests.

Matrimonial claims must also be respected. procedural consumption (exhaustiveness of the marriage process), according to art. 322 of the Civil Procedure Code and according to the mandatory for the courts Interpretative Decision No. 1 / 4.01.2001. of the SCCS of the SCC:

Art. 322. (1) In a claim for divorce, the plaintiff must provide all grounds for the profound and irreparable marriage disorder. Any reasons not mentioned, which occurred and became known to the spouse until the oral hearing is completed, can not serve as a basis for bringing a new claim for divorce.

As stated above, as the basis for the divorce claim is the deep and irreparable disorder of marriage judged by concrete facts proving it, each of these facts is in itself a ground of claim. If a plea is not mentioned in the case, it is overturned and can not serve as a new claim on the basis of that fact. Therefore, all the facts of family life justifying the occurrence of a profound and irreparable marriage disorder should be indicated by the end of the oral hearings.

All matrimonial claims may be joined together. the following claims must be lodged and considered:

For exercising parental rights;
On personal relationships and child support;
Using the family home;
Maintenance between spouses and surname.

At the request of one of the parties, the court may prescribe temporary measures on the care and maintenance of minor children from marriage (if any), the use of family housing and other property acquired during marriage, etc. questions. The provisional measures shall have effect until the final decision is taken.

When selecting a divorce lawsuit – DIVORCE by mutual consent or DIVORCE by legal claim, apart from always the individual and personal specificities of the particular case, the due fees for the proceedings should be known and taken into account:

State fee are payable upon filing of the application. It is paid to the account of the relevant District Court.

Final state fee should be paid on the account of the respective District Court in case of divorce. 2 per cent on maintenance payments for 3 years maintenance fees for the child on bank account of the District Court.

Other costs may arise in the proceedings, such as expert opinions on one or other matter, the value of which is different and depending on the complexity of the expert’s task.

The burden of all costs in the case – state fees, lawyers’ fees, expert opinions are assigned to the guilty or ill-conscious spouse when there is a ruling on the guilt (according to the norm of Article 49, paragraph 3 of the Family Code, the ruling on wine matters is no longer official, but only if one of the spouses has requested such a ruling) or remains at the expense of each of the parties – as they have done in the course of the proceedings.

In this comment, the issues of divorce proceedings are examined in principle.

Always consider and choose the procedure best suited to the specific case.

Our family law office provides legal consultations and representation during the contested divorce – a procedure that is quite emotional for the parties.

The information provided below will help you find more about this procedure.

If you need our assistance please call us on + 359 897 90 43 91 or send us a mail office@lawyer-bulgaria.bg

June 24, 2018/by lawyer

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