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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

Legal grounds for divorce Bulgaria

Our family lawyer has been asked many times for the reasons and legal grounds for divorce in Bulgaria. Hiring a lawyer is advisable to avoid any futher problems.It is necessary. There are no formal impediments that would prevent either party from filing a petition in court.

Finally we would like to show basically the two important legal, grounds for divorce are set out in the Bulgarian Family Code: irretrievable breakdown of the marriage and mutual consent.

Divorce through breakdown of the marriage: Article 49 FC

Each of the spouses is entitled to petition for divorce where there has been a ‘serious and irretrievable breakdown’ of the
marriage.

(2) When granting the decree of divorce the court makes a ruling on its own motion on the issue of the fault for the breakdown of the marriage, unless the breakdown is caused by objective factors which cannot be ascribed as the fault of either spouse.

(3) The court does not rule on the issue of fault for the breakdown of the marriage where the spouses so request and they submit to the court their agreement on the custody of any children and access to and maintenance of the children, and also on the division of their property, the use of the matrimonial home, the payment of maintenance and the use of the family name.

(4) A divorce is not allowed where the breakdown of the marriage is due solely to the misconduct of the petitioner and the

Bulgarian Family Lawyer, Divorce, Child Maintenance and Custody

respondent wishes to preserve the marriage, unless there are important reasons why the divorce action must continue.

Divorce by mutual consent: Article 50.FC

Where there is serious and firm agreement between the parties about the divorce, the court allows it without investigating their motives for
terminating the marriage. A petition for a divorce by mutual consent cannot be filed until three years after the contraction of the marriage.

Agreement reached by the spouses in a divorce by mutual consent:

Above all else, divorce by mutual consent is a lot cheaper and faster, rather than filing a lawsuit. Such divorce is possible, if one of the parties is Bulgarian citizen.

Both parties must sign an agreement, which may be drafted in couple of languages – it’s imperative, that one of them is Bulgarian. In case of a lawsuit, relevant for the court will only be the one drafted in Bulgarian.
An agreement must be reached about all of the following:

The divorce will follow trough by mutual consent.
If there are children, born during the marriage – who will exercise effectively the parental rights, with whom will the children live respectively; what amount of child support is to be payed – child support may not be less then 125 BGN per month for every child.
When will the parent, who’s not effectively exercising the parental rights, be allowed visiting, personal contact, and personal time with the children.
Who will be using the family home, if there is one, and it is located in Bulgaria.

It should be noted, that according to the Bulgarian legislation, unlike other countries, the divorcing parties are entitled to alimony only in specific cases, where one of the parties is unable to work or maintain itself trough estate property, due to medical condition.

Article 51
(1) In a divorce by mutual consent the spouses have to include provisions in the agreement regarding the discharge of parental rights and obligations, their personal relations, and the maintenance of the children, and also their property relations, the use of the matrimonial home, the payment of maintenance and the use of the family name. The agreement is ratified by the court after it is satisfied that the interests of the children have been protected.

(2) Where the agreement is not complete or the interests of the children are not well protected the court sets a term within which these defects should be remedied. If the defects have not been remedied within this term, the divorce petition is dismissed.

Applications for child custody and child maintenance after the termination of a marriage by mutual consent

June 8, 2018/by lawyer

Legal advices

Purchase property in Bulgaria

Our law office D.Vladimirov & Partners provide a professional legal services to purchase property in Bulgaria.

The entire process of buying a property in Bulgaria is complicated so we need to check the ideal parts of the ownership right and also the land plot for lack of encombrances.

Once you’ve found a home you plan to buy and agreed the selling price, you will need to take the following steps:

Signing a preliminary contract and pay a deposit.
Signing the notary deed and make the final payment.

The buying process is generally straightforward and is often completed within a month. EU citizens can purchase and own property in Bulgaria in the same conditions as locals.

The process of property acquisition and disposal can be lengthy and complicated and we advise our clients on the significant commercial implications that might arise.

We advise on and draft development agreements, provide legal assistance in construction, planning and site disposal matters, fund-raising arrangements, freehold transfers and any associated due diligence reports.

We assist in the acquisition of real estate in Bulgaria and in the subsequent implementation of investment projects in the field of hotel management and tourism, golf courses, office and commercial buildings, industrial construction works in Bulgaria

Please note we are chariging you for real costs and legal fees, state fees and the tax for transferring of ownership). If a travelling out of Sofia is needed, this would be calculated additionally.Purchase property in Bulgaria

Property legal check-up

Working with many international clients & corporate, our law office D.Vladimirov & partners has created a stable legal work policy for checking of the legal status of your property in Bulgaria.

Acting as a qualified property lawyers in Bulgaria, we performing the legal check services for our clients, depending on complexity of every case in the Bulgarian property register.

We check in the Bulgarian property Register the status of the certain property and report to our clients the final results and warnings, if there are any.

This information would allow you to check whether there are any encumbrances upon your property, for which you do not know, for example: a mortgage for a loan, which is already repaid, interdiction, imposed by the tax authorities for unpaid tax obligations, or any other rights of third persons.

Bulgarian land investment no longer requires company !

As a result of the contractual obligations, undertaken by the Bulgarian government in relation to Bulgaria’s membership in the European Union, an important part of the Bulgarian law was recently changed.

From 1 January 2012 citizens of the EU are no longer prohibited to purchase Bulgarian land, which is in regulation.

Until this date they had to set up a Bulgarian company and purchase land through the established legal entity, as according to the old law only Bulgarian individuals and companies had the right to acquire Bulgarian land.

This led to many unfavourable consequences for foreign investors, such as paying additionally to a lawyer to establish a Bulgarian company, appointing an accountant for the relevant services and making other expenses, related to having and maintaining a company.

Preliminary Contract

The first stage in buying a home in Bulgaria is the signing of a preliminary contract. Your lawyer is responsible for ensuring that this is drawn up correctly and you shouldn’t rely on an estate agent to do so.

It’s important not to pay a deposit or sign a preliminary contract prior to performing an in-depth due diligence of the property.

Check that the property has the same dimensions as advertised, if there are any undisclosed encumbrances (i.e pending costs) and that all the necessary permissions and documentation are in place.

While some agents or developers will provide a properly-drawn up contract, some won’t – and unless you’re a Bulgarian-speaking lawyer you won’t be able to tell which is which!

For peace of mind it’s recommended that you have the contract drawn up or at least checked by a Bulgarian property lawyer.

There are a number of types of preliminary contract, depending on whether you’re buying an existing (built) property or a new property off plan (i.e. yet to be built or under construction).

Signing the Notary Act

Signing the notary act (sometimes referred to as the notary deed, purchase contract or final contract, which is equivalent to a title deed) is the final step in taking ownership of your property.

If you’re unable to be present at the signing, you can have your agent or lawyer sign it on your behalf if you’ve given him power of attorney.

You should always sign the notary act in person if you’re buying a brand new or off-plan property, to make sure that all the requirements of the preliminary contract have been met.

The signing of the notary act takes place in front of a notary public, who first checks that all the conditions contained in the preliminary contract have been fulfilled.

It’s normal for all parties concerned to be present when the final contract is read, signed and witnessed by the notary, including the estate agent, developer (for new or off-plan property), your lawyer and your translator.

Either party (buyer or seller) can give a representative power of attorney. In the case of an off-plan purchase, the final contract isn’t signed until the building is complete.

Find independent legal advice for purchase property in Bulgaria

Numerous property owners are now experiencing problems with their property because they did not seek independent legal advice and instead used lawyers and translators which were recommended by the estate agent or developer and they were acting for both parties.

Appoint a qualified lawyer, who is experienced in property conveyance and fully independent of anyone else involved in the transaction, eg the estate agent, vendor or developer.

If you need our legal assitance, do not hesitate to contact us immediately

May 20, 2018/by lawyer

Legal advices, News, Personal

Bulgarian property lawyer

Bulgarian Property Lawyer

Selling your property in Bulgaria is not very easy, even if you have already find a buyer. That’s why you are in needs of assistance. Look for a Bulgarian property lawyer!

If you have already bought a property in Bulgaria, you need to check up if this property had been registered in all the necessary authorities. And in the Municipality Office, too.

Our law firm works as a professional Bulgarian property lawyer, as well. We support many foreigners who want to sell your real estate property in Bulgaria.

Usually, if you have a good property, is quite easy to find buyers in Bulgaria.

As property lawyers in Bulgaria, we could help you finding a buyer and getting a good price for you.

It is very important to follow the legal advices of a property lawyer so that you will save money and precious time. Our experienced Bulgarian property lawyers will help you with the documents for the selling.

First Steps

Before you sell your property in Bulgaria, you should have all the documents necessary,as well as declarations needed for a sale – prepared in advance. We assume you will need qualified property lawyers. This means, you need us.

Our property lawyers in Bulgaria are ready to assist you and protect your interests in selling your property in Bulgaria. You need just to call us or to send us an email.

Then we will be ready to start the legal procedure.

Before starting every single deal, your lawyer is obliged to check for potential legal problems.

He/she has to prepare all the documents necessary for the transfer of the ownership over this property.

We always check if there isn’t any property charges over your property you are trying to sell.

For example, encumbrances, mortgages or pledges over your property by the Tax Office or by a third party.

Usually, when our buyer signs the preliminary contract, he/she needs to leave a deposit as a percentage of the sale price of the property in Bulgaria.

When we help you finding a buyer, we require a simple power of attorney to represent you by conclusion of the preliminary contract for the purchase of the property with the buyers in Bulgaria.

Our qualified property lawyers will prepare the draft of Preliminary contract and will negotiate with the buyer concerning the transfer fees of your property.

After receiving the written confirmation for all necessary legal conditions, we sign the preliminary contract for purchase on your behalf. Then we send you a copy of it.

We are obliged to find buyer/-s and sell your property correctly.

When all the Documents are ready…

When all of the documents and declarations are done, our lawyers start preparing the Notary Deed for transferring the ownership over your property.

You can trust us – we are specialized in property sales of foreign clients in Bulgaria.

Each Bulgarian property lawyer will help you with the documentation and legal proceedings.

The next legal step to sell your property is to sign the Title Deed for the sale of your property.

We will help you by representing you at the Notary Public in Bulgaria.

The last step to complete your sale is submit the declaration with your property into the Tax Office of your municipality.

Remove the old owner’s name of the property from the Tax Register, to avoid any legal problems.

We, as property lawyers in Bulgaria will highly recommend you using our legal services to complete all this legal issues & steps.

The mentioned property legal proceedings are just for your information, if you are trying to sell a real estate property in Bulgaria.

Every single case has got its legal specifics & questions.

We strongly recommend you to use a property lawyer in Bulgaria for legal transactions, in order to save your time, money and worries.

Call us now on + 359 897 90 43 91

August 9, 2016/by lawyer

Legal advices, News, Personal

Purchase of property Bulgaria

Many clients asked in the last couple of mounts for legal support in the process of purchase of property Bulgaria

Bulgaria is a member of the European Union since 2007.

Since that moment is is very attactive to buy a property in Bulgaria.

For аlmost 10 years the property market has changed in a very perspective and positive way. Bulgaria has got some advantages in the opportunity to serve foreign investors.

We’re also a full service law firm, meaning that our conveyancing specialists can access other expert teams across the firm like real estate, tax issues to make sure that, whatever you need, we can help.

A real estate attorney in a process of Purchase of property Bulgaria will verify that a buyer’s offer is legitimate

In the meantime as real estate attorney, we will assist in negotiating the conditions of the transaction.

They defend the buyer’s or seller’s rights by checking and assessing the paperwork, clarifying the mortgage conditions, and, if required, offering legal advice.

We hope that this post will be useful to you if you are unsure if you need to contact a property lawyer, whether you are a buyer or a seller.

Some legal steps…..

Bulgaria has got the lowest taxes in Europe – 10% corporate tax and income tax.
Our country has got the cheapest labour.
The country has got a very fast rate of export increasing, despite the conditions of a global economic crisis in Russia and Turkey;
Bulgaria has got a fixed rate of the national currency.
The country has got a stable currency board.
There is an equality for every foreign investors to register a company in Bulgaria.
After joining in the EU, Bulgaria has got a modern legislation harmonized with the one of European Union.

We are property lawyers in Bulgaria acting like legal advisers of many individuals and legal entities.

Having a real estate lawyer on your side may be quite advantageous if you just have a hunch something might go wrong or if you want to make sure all of your options are covered.

With a skilled legal practitioner on your side, you can be certain that even if things go wrong, you’ll have someone looking out for your best interests who can guide you through a difficult scenario.

Every real estate lawyer will be there to assist you to grasp even the most unclear words and act in your best interest, especially if you are unaware of all the legal jargon, intricacies, and probable blunders that may arise along the road.

We would like to advise our clients and foreign investors Purchase of property Bulgaria as well.

The legal taxes

The “tax estimation price” is for the purposes of real estate taxation. It usually is lower than the actual selling (purchase) price.

Most of the sellers of real estates in Bulgaria wish to sell their property on a “tax estimation price”.

The difference is concerning the tax issue on the sale – because the sale price needs to be covered by the taxes, and the seller don’t want to pay those taxes.

Sometimes sellers prefer to keep the real price, if the property is owned by several owners.

Practically, the last ones are not aware of that kind of legal issues for Purchase of property Bulgaria

What we offer to the clients?

If you have any legal questions if you would like to buy a property in Bulgaria, or would like to know something else, do contact us.

Buying or selling a house is not as simple as giving your credit card and walking away with your new property.

Purchases of real estate are complicated legal transactions controlled by state and local regulations.

An expert real estate attorney can walk you through the process of closing on your house step by step.

To that end, here are some of the most compelling reasons why hiring a property lawyer is critical when purchasing or selling a home.

Our laywers will help you in the best way.

August 5, 2016/by lawyer

Legal advices

Liquidation of Companies in Bulgaria

Liquidation of companies in Bulgaria

Our law office, acting as company lawyers In Bulgaria, works with many legal issues & problems. However, dissolving or liquidation a companies may be a voluntary procedure. Sometimes the decision has to be adopted by the company’s shareholders, or a company might merge with another legal entity.

The company lawyers in Bulgaria are the specialist for dissolving or liquidating a company in Bulgaria which may also be mandatory – may be the company experiences bankruptcy procedures, or a decision may be adopted by the Bulgarian court. We, as company lawyers in Bulgaria, do work also from the whole legal process of setting up a company in Bulgaria and including it in the Commercial Act of the Republic of Bulgaria. Completing of the winding up process requires undertaking certain actions and the owners may aski for the services of a law office in Bulgaria to assist with the formalities.
Regardless of the reasons which have resulted in liquidation of companies, our team of company lawyers in Bulgaria will be happy to provide assistance and legal counsels for the full duration of the procedure.

Legal steps required for dissolution and liquidation of companies in Bulgaria

The whole procedure for liquidation of a company in Bulgaria starts with accepting a decision by the shareholders of the company, or a ruling by a competent Bulgarian court. We, having a professional company lawyer in Bulgaria, move the procedure and prepare the documents on the first stage which consists the full suspension of the company operations – the stage of dissolving the company. Dissolving & Liquidation of company in Bulgaria, as a first phase is required because the company has to terminate any and all businesses and procedures before its assets are transferred to any other party.

The company liquidation in Bulgaria shall be started and dissolved with a decision of the shareholders. The legal decision for a company liquidation in Bulgaria is adopted with a majority of the shareholders (at least 75% of the company equity). Following the company decisions, the manager of the company has to notify the National Revenue Agency of this company decisions and of the start of the liquidation procedures in a Trade & Commercial Register.

Despite the fact that the company still exists for the duration of the liquidation procedure, it may not perform any business activity. Following the conclusion of the procedure, the company will no longer exist and shall be deleted from the Commercial Register of the Republic of Bulgaria.

The most relevant step in the liquidation procedure in Bulgaria, according to our Bulgarian company lawyers, is settling any and all payables and debts of the company to other parties. The assets of the company have to be divided amongst all company creditors and any remaining assets of the company shall be divided between all shareholders. This is an out-of-court procedure involving all partners in the company and all creditors.

liquidation of companies

Insolvency procedure against the company

An insolvency procedure against the company may be initiated by any other party during the liquidation procedure, if the insolvency procedure in Bulgaria has been complied with. After this procedure is finalized, a liquidator shall be appointed and the role of the liquidator is to terminate the company. The liquidator may be a former manager of the company, or any other person appointed by the Commercial Register of the Republic of Bulgaria. Our Bulgarian company lawyers are ready to prepare all the documents necessary and to submit them in the court, if the liquidation procedure is required.

The liquidator shall have the right to undertake any and all actions necessary to complete the liquidation and shall represent the company before the competent authorities. The responsibilities of the liquidator shall include, among other things:

– terminating any current deals;

– collecting debts;

– conversion of any assets into cash-at-hand;

– repaying all loans to creditors;

– preparing a balance sheet;

– terminating the company’s accounts.

Any and all new transactions during this period will only take place for converting the assets into money, or concluding any other actions related to the liquidation. A liquidation certificates shall be issued by the National Revenue Agency of the Republic of Bulgaria. This certificate of liquidation, along with the shareholder’s decision to liquidate the company, the appointment of the liquidator and a report, which details the manner for the performance of the liquidation procedure, are to be submitted to the Commercial Register. Our Bulgarian company lawyers can help you with submitting any and all of the legal documents necessary.

Finalizing the company liquidation procedure in Bulgaria

The liquidator of the company has to ensure that all creditors of the company will file their claims. The existing claims may be submitted maximum within six months after the delivery of the liquidation announcement to the creditors. After all liabilities have been settled and all assets of the company have been divided, the liquidator shall take any and all measures necessary for deleting the company from the Commercial Register in the Republic of Bulgaria.

Liquidation of a company in Bulgaria will take not more than six months, also by existing claims. Our Bulgarian company lawyer can prepare all documents necessary and suggest you a legal assistance for dissolving and liquidating the company. For more information, please feel free to contact our office on + 359 2 858 10 25 or send us an e-mail to info@lawyer-bulgaria.bg

June 8, 2016/by lawyer

Legal advices, News

Family & Divorce Lawyer Bulgaria

Divorce procedures in Bulgaria

Every Bulgarian lawyer specialized in family and divorce legal procedures will inform his/her clients about the documents required and the kind of situation being in a divorce in Bulgaria.

Every divorce procedure has a regulation by the Bulgaria Family Code. The divorce process depends on the wish of our clients. Family & Divorce Lawyer in Bulgaria

Marriage in Bulgaria may either be terminated or suspended in specific cases, and an individual could get a divorce by mutual consent or by initiating a civil action. Our legal team may represent you should you go through a divorce procedure in Bulgaria.

We are family & divorce Lawyer in Bulgaria highly experienced in tackling these issues. We can assist in a sensitive manner.

Where we need to take a strong position and represent you in court, we will do everything possible to ensure your success.

Our expertise and the legal team has been focused on family issues faced by international couples involving a Bulgarian and an International legal cases.

Child custody is the determination of where the minor children of the marriage should live and who should be responsible for them.

Irreparable disruption of the marriage may be grounds for any of the spouses to request a divorce.

Should the couple choose to separate in this manner, there is no time limitation.

The claimant has to provide proof that the marriage has been seriously and irreparably disrupted.

The parties may agree for any or all of the consequences of the divorce to inure.

Consequences of a divorce in Bulgaria

The Bulgarian divorce lawyes from our Law office will support you legally in every cases of legal divorce before the family courts.

The conjugal property community terminated after the divorce procedure is complete.

The divorce process in Bulgaria takes between 4 to 6 mounts usually.

Child maintenance costs in Bulgaria

Our legal team can provide you with assistance related to the legal grounds for child maintenance costs in Bulgaria.

We are drafting everyting for child maintencence costs in compliance with Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation.

If you have any specific questions to your trustworthy divorce lawyers in family law and divorce cases, please contact us .

Our Bulgarian family lawyer will provide you the entire information about divorcing in Bulgaria.

You can do it by calling us on +359 2 858 10 25, or by sending us an e-mail to info@lawyer-bulgaria.bg

June 7, 2016/by lawyer

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Registration of a branch

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

Registration of a branch

Legal Representative of the Bulgarian Branch

Registration with the Bulgarian Commercial Register

Accounting

Changing manager LLC Bulgaria

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

Applying transport licence Bulgaria

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

Legal division of property

First stage of the legal division of property

– Second phase of the judicial split of property

Legal grounds for divorce Bulgaria

Divorce through breakdown of the marriage: Article 49 FC

Divorce by mutual consent: Article 50.FC

Agreement reached by the spouses in a divorce by mutual consent:

Purchase property in Bulgaria

Property legal check-up

Preliminary Contract

Signing the Notary Act

Find independent legal advice for purchase property in Bulgaria

Bulgarian Property Lawyer

First Steps

Then we will be ready to start the legal procedure.

Every single case has got its legal specifics & questions.

Purchase of property Bulgaria

Some legal steps…..

The legal taxes

What we offer to the clients?

Liquidation of Companies in Bulgaria

Legal steps required for dissolution and liquidation of companies in Bulgaria

Insolvency procedure against the company

Family & Divorce Lawyer Bulgaria

Divorce procedures in Bulgaria

Consequences of a divorce in Bulgaria

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