Posts

Criminal Lawyers & Defence Solicitors

Criminal litigation refers to the process of trying a criminal defendant in a court of law. Criminal litigators come in two varieties: criminal prosecutors, who present the government’s case against the defendant, and criminal defense attorneys, who represent the interests of the defendant.

Criminal prosecutors practice at either the state level or the federal level, while criminal defense attorneys generally maintain private practices or work as public defenders for the state or federal government.Criminal Lawyers & Defence Solicitors, Bulgaria criminal lawyer, Defence lawyer Bulgaria, murder, drugs cases, Defence solicitor Bulgaria, Criminal law

Whether prosecutors or defense attorneys, criminal lawyers handle a wide variety of cases, from white-collar crime, violent crimes, sex crimes and drug trafficking, traffic offenses and misdemeanors. Some concentrate on white-collar crime such as fraud, embezzlement and insider trading. Others concentrate on criminal appeals or on capital defense, in which defendants are prosecuted for crimes punishable by the death penalty.

Providing legal assistance and protection against detention and arrest; Contesting detention;

Litigation, protection and assistance in the enforcement of detention measures “Detention on remand”, “Home arrest” and “Money guarantee”;

Providing legal assistance in criminal litigation process for protection and procedural representation of defendants at the stage of pre-trial proceedings;

Procedural representation in proceedings for early release, replacement of the regime for serving the sentence, interruption of the execution of the punishment;

Litigation, protection and assistance in proceedings under a European Arrest Warrant;

Procedural representation in the transfer of convicted persons, recognition of a foreign court verdict, international legal assistance in criminal cases;

Criminal litigation in court proceedings before the first, enforceable and cassation instance;

Criminal litigation in case resolution by concluding an agreement with the prosecutor’s office;

Criminal litigation in the discharge of criminal liability by imposing an administrative penalty;

Providing legal assistance, protection and assistance to victims of crime;

Providing legal assistance, protection and assistance to victims of traffic accidents, accidents at work and benefits;

Protection, assistance and assistance to witnesses summoned by law enforcement agencies (MoI) or pre-trial authorities and in the course of court proceedings;Criminal Lawyers & Defence Solicitors, Bulgaria criminal lawyer, Defence lawyer Bulgaria, murder, drugs cases, Defence solicitor Bulgaria, Criminal law

Providing legal assistance, protection and assistance to an injured person in private-criminal cases – insult; defamation; slight bodily injury;

Providing legal assistance, protection and assistance in the face of police violence;

Our main activity as a criminal defence solicitors & criminal lawyers are following: 

Participation in the conduct of investigative and judicial proceedings;

Assistance and assistance in the return of material evidence which has been seized during the investigation and return of the guarantees provided.

Transfer Company shares LLC Bulgaria

The most common and most popular legal-organizational form for performing micro, small or even medium business in Bulgaria is Limited Liability Company. Through the registration of a company,  usually a small number of partners of shares resources and efforts to carry out their business project.

But often different reasons, both objective and subjective, lead to situations in which one or more partners leave the company.

When leaving the company without the consent of the other partners, it is necessary to carry out and terminate the procedure of unilateral departure of the company. It is initiated by sending a notice under Art. 125, para. 2 and 3 Commercial Code. However, when leaving the company it is agreed and shared with the other partners, it is done by transferring the shares held to the other partners or to a third party with a contract.

Transfer company shares LLC Bulgaria, company lawyer Bulgaria, Transfer shares Bulgarian company, Purchase shares Limited company Bulgaria

Transfer company shares LLC Bulgaria, company lawyer Bulgaria, Transfer shares Bulgarian company, Purchase shares Limited company Bulgaria

The transfer of shares, even when the company is sole proprietor, should be distinguished from the transfer of a company and the transfer of an undertaking.

Shares, a company, and an enterprise are three differenmet concepts and three different object deals respectively. According to the Commercial Law, a company is the name under which the trader exercises his trade and is signed. The business firm may only be transferred with the enterprise but may be changed by the trader at its own discretion at any time.

The enterprise, for its part, represents a set of rights, obligations and factual relationships. The transfer of the enterprise (in whole or in part) is a transaction other than the transfer of the shares in the company.

The parties to the transfer agreement are the traders themselves (ET or companies) and the parties to the share transfer agreement are the owners of these shares (natural or legal person) and their purchaser (natural or legal person).

After transferring the property, the property rights (property, cars, belongings, inventory, receivables, debts, etc.) are transferred from one trader to another, whereas, after the transfer of shares, these assets remain the property of the same company. this company.

Transfer of shares from Bulgarian LLC 

The transfer of shares is regulated in Art. 129 Commercial Code. When this transfer occurs between partners, it becomes free (unless otherwise provided in the Company Agreement). However, if the shares are transferred not to a third person or persons, it is necessary that the buyers apply for their admission to the company, which is considered by the General Meeting. Ie. the transfer of shares to outsiders is made by the will of the other partners. On the basis of the submitted application a General Meeting is convened, which votes and decides on the admission of a new partner in the company. The decision is taken by a multiple of ¾ of the capital, unless a larger majority is provided for in the company agreement. This decision is formed in a protocol, which (in view of amendments to Article 137 of the Commercial Code) should be with a notary certification of the signatures and the content.

If the General Meeting approves the planned shareholding, a share transfer contract is prepared. Shares can be transferred at both a nominal and an agreed (market) price – lower or higher. The contract is notarized on both the signatures and the content.

Changes in the Commerce Act since the end of 2017 have also introduced a new requirement for the transfer of shares – whether between partners or outsiders. The new requirements were included in Art. 129 of the Commercial Code.

According to them, for the transfer of the shares, the company should have no outstanding salaries, indemnities and compulsory social security contributions of the employees, including employees, whose employment relationship was terminated within three years prior to the transfer of the shareholding.

However, it has not been clear from the changes what document the fulfilment of this requirement is, and the changes that have been made so far should be further modified to clarify the procedure.

Thus, in mid-February 2018, the law was supplemented, that in the Commercial Register, declarations in a form drawn up by the Company Manager and the transferor of the shares are submitted that the company has no outstanding and outstanding obligations of this kind. A model for such a declaration shall be drawn up by the Minister of Justice and the Minister of Labor and Social Policy. Transfer company shares LLC Bulgaria, company lawyer Bulgaria, Transfer shares Bulgarian company, Purchase shares Limited company Bulgaria

After application of the declarations, the transfer of the shares is entered in the Commercial Register, but the Registry Agency is obliged to immediately inform the Executive Department “Main Labour Agency”, which can verify the authenticity of the declared facts. In the event that discrepancies between the declared circumstances and the reality are found, GI EA notifies the Prosecutor’s Office of the possible involvement of the pshareively responsible detractors. that the company has no outstanding and outstanding obligations of this kind.

A model for such a declaration shall be drawn up by the Minister of Justice and the Minister of Labor and Social Policy.

After application of the declarations, the transfer of the shares is entered in the Commercial Register, but the Registry Agency is obliged to immediately inform the Executive Department “Main Labour Agency”, which can verify the authenticity of the declared facts. In the event that discrepancies between the declared circumstances and the reality are found, GI EA notifies the Prosecutor’s Office of the possible involvement of the pshareively responsible detractors. that the company has no outstanding and outstanding obligations of this kind. A model for such a declaration shall be drawn up by the Minister of Justice and the Minister of Labor and Social Policy. After application of the declarations, the transfer of the shares is entered in the Commercial Register, but the Registry Agency is obliged to immediately inform the Executive Department “Main Labour Agency”, which can verify the authenticity of the declared facts. In the event that discrepancies between the declared circumstances and the reality are found, Executive Department “Main Labour Agency”, notifies the Prosecutor’s Office of the possible involvement of the pshareively responsible detractors. but the Registry Agency is obliged to immediately notify the IA “GLP”, which can verify the authenticity of the declared facts. In the event that discrepancies between the declared circumstances and the reality are found, GI EA notifies the Prosecutor’s Office of the possible involvement of the pshareively responsible detractors. but the Registry Agency is obliged to immediately notify the IA “GLP”, which can verify the authenticity of the declared facts. In the event that discrepancies between the declared circumstances and the reality are found, GI EA notifies the Prosecutor’s Office of the possible involvement of the pshareively responsible detractors.

After the shares are transferred, a new general meeting is convened, in which the new owners – who have acquired the quality of partners – participate. At that meeting a decision is taken to accept and sign a new company contract and to enter the changes in the Commercial Register. Other decisions can also be taken at this meeting (seat, address of management, company, etc.). If the old partner was also a manager (except a partner), and if the new manager is also planned, a decision is made at that meeting to release the old and appoint the new partner as manager.

Entry in the Commercial Register is made by submitting an application Form A4, which is signed and deposited by the manager of the company. The law lacks the empowerment of the old shareholder who has ceased participating in the company, if he is not a manager; declare the entry of the change. The record of the new manager shall also be accompanied by documents related to this quality (specimen, declarations, etc.). Adoption of a new partner has effect vis-à-vis third parties from its entry in the Commercial Register.

Transfer of shares from Bulgarian LLC

A particular feature of the transfer of shares in such a company is that the owner is a single person. That’s why the only partner is called the sole owner of the capital. This sole proprietor can transfer all or part of its shares. In the second case, the company will be transformed into OOD.

For the transfer, a decision of the sole proprietor is required, which is reflected in a notarized record. Following is the conclusion of a contract for the sale of the shares, which is also certified notary. In the case of transfer of shares in EOOD no applications for the admission of a new partner are prepared and submitted as a party to the share transfer contract is the sole shareholder in the company. However,the requirements of Art. 129, para. 2 Commercial Code for lack of obligations are valid here as well.

After the transfer of the shares, the new sole owner takes a decision on the dismissal and appointment of a manager, the adoption of a new instrument of incorporation, as well as other changes upon request. If the sole proprietor transfers only part of his shares, these decisions are taken by all the partners.

Nature and characteristics of the transfer

With the transfer of shares, in practice, the membership of the company is transferred and its personnel is changed. Both membership rights and obligations, including non-material ones, are transferred. The transfer may only take place if the shares sold are not apprehended for the obligations of the owner and the divestment is entered in the TP. The transfer itself can take the form of a sale or sale, but it can also be shaped like a donation, a replacement, a contribution, etc. If the case vendor has not paid in full its share contribution, 130 and both parties to the transaction are jointly and severally liable for this outstanding obligation. Shares may be held in joint ownership (one share is sold to several persons), unless the Company Agreement prohibits this. Theoretically, where shares are held in joint ownership by several individuals, it is possible to transfer an ideal part of the share – Art. 132 ТЗ.

Register fees 

In order to carry out the procedure and record the transfer to the Commercial Register, different fees are payable. All notarial certification of the signatures and the content of the documents applied shall be paid in accordance with the Tariff of Notary Fees to the LIND.

 

European Arrest Warrant BULGARIA

The European arrest warrant is a judicial decision given in an EU Member State and aims at detaining and surrendering a wanted person from another Member State for the purpose of prosecuting or executing a custodial sentence or a detention order.

Our law office D.Vladimirov & Partners is dully specialized in criminal law and international criminal law. I have expertise in drug abuse violations, money laundering, white collar crimes, forgery and counterfeiting, fraud, financial crimes and tax fraud offenses, driving and traffic crimes.

Our legal practice allows me to handle international and especially international criminal law issues at a high professional level.

European Arrest Warrant

European Arrest Warrant

Many times we cooperate with foreign colleagues in Extradition or European Arrest Warrant cases from or to BULGARIA….just to provide the best and most reliable legal service to our clients in Bulgaria, as defense counsel, lawyer proividing criminal & extrations order services

The procedure imposed by the Council Framework Decision of 13 June 2002 (2002/584 / JI) is based on the principle of mutual trust and the recognition of judgments.

This principle states that if a judicial act has been issued in an EU Member State, it must be recognized in all other Member States as such and has the same legal consequences.

Accordingly, where the authority responsible for the execution of a warrant has in its possession evidence of a real risk of inhuman or degrading treatment of persons detained in the Member State where the warrant was issued, that authority must assess that risk before deciding on the surrender of the individual concerned.

In Bulgaria the European Arrest Warrant is governed by the Law on Extradition and European Arrest Warrant. The aim of the European arrest warrant is to aid the fight with international terrorism and organized crime after 10/11/2001.

The underlying concept of the EAW is the principle for mutual recognition and existence of minimal standards concerning the fundamental rights of the accused persons. Ultimately, the main goal – fight with crime is attained due to the effective and prompt mechanisms for transfer of the persons subjected to EAW but is this happening at the expence of the fundamental human rights enshrined in the Convention?

According to the Bulgarian Law on Extradition and European Arrest Warrant, the Court shall refuse to execute European Arrest Warrant, if:

  1. the offence, which the warrant has been issued for is amnestied in the Republic of Bulgaria and shall enter under its prosecution jurisdiction;
  2. has been notified, that the requested person has been sentenced with an entered into force sentence by a Bulgarian court or by the court of a third Member State and the person services or has serviced the penalty, or the penalty cannot be executed as per the legislation of the country where the person has been sentenced for the same offence, which the warrant has been issued for.
  3. the required person is under aged as per the Bulgarian legislation.

There is no mention in the Bulgarian Law on Extradition and European Arrest Warrant of grounds for refusal connected with persons’ human rights.

At the same time is not a secret that there are numerous cases against Bulgaria at the European Court of Human Rights in Strasbourg to complain about the conditions in prison cells. Council of Europe anti- torture Committee published report on Bulgaria in 2015.

The report concludes that persons detained by the police continue to run a significant risk of being ill-treated, both at the time of apprehension and during subsequent questioning. Further, there has been no progress as regards guaranteeing the practical implementation of the legal safeguards against police ill-treatment.

Detained persons often did not receive information about their rights, were not able to notify a third party of their custody and did not benefit from the services of a lawyer from the very outset of their deprivation of liberty.

The legal procedures of European Arrest Warrant.  Expert Criminal Lawyers & Defence Solicitors

The surrender procedure based on a European Arrest Warrant is settled at first instance in one of the 28 district courts. Upon receipt of a European arrest warrant in one of the appropriate ways (mail, fax, e-mail, etc.), the court appoints a court hearing within 7 days of the person’s detention, explaining to him the right to consent handing over to the issuing Member State, and to refuse to apply the principle of specificity.

When the requested person agrees to be surrendered, the court prescribes a restricted procedure for verifying the conditions. In these cases, for example, the fact that criminal proceedings have been brought in Bulgaria for the same offense referred to in the European Arrest Warrant has no legal significance. 

If the requested person does not give his consent to be surrendered to the issuing State, the competent court shall verify whether the European arrest warrant contains the requisite legal details (details of the requested person, contact details of the issuing authority, time and place of the offense, etc.). In addition, it is necessary to verify the existence of certain reasons which prevent the transfer of the requested person.

 The following grounds for refusal are of particular importance in the case law:

  • a judgment which has the force of res judicata for the same act for which surrender is requested by the European Neighborhood Arrest Warrant (ne bis in idem),
  • the criminal proceedings in Bulgaria for the same offense were terminated,
  • to the Bulgarian legislation the execution of the punishment is expired.

Even before the Decision of the Court of Justice, there have been instances where foreign courts have declined to hand over inmates to Bulgaria due to concerns over dire prison conditions.

In light of the above it becomes clear that the Bulgarian legislation needs serious amendments in order to adjust to the standards of securing fundamental human rights of the persons detained.

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

Our law office D. Vladimirov & Partners is here for you to support you to avoid extradision  so that you will be able to take advantage of all the opportunities and options our country is giving you.

Call us for more information on + 359 897 90 43 91 or send us your inquiry on office@lawyer-bulgaria.bg