Commercial litigation, often referred to as business litigation, is an area of law comprising the various types of disputes that can arise in the business context. Business Litigation Law
These cases include disputes such as a breach of contract, partnership and joint enterprise disputes, class actions, business torts, civil litigation, breach of fiduciary duty, and shareholder to shareholder litigation.
In business-to-business litigation, both sides often have claims and defenses rather than in consumer litigation where there is a clear plaintiff and a clear defendant.
This is because it is relatively rare for a contractual dispute to arise without both parties playing some role in the resulting disagreement (either justifiably or unjustifiably).
Our Bulgaria business litigation attorneys provide legal counsel to small businesses, inventors, professionals, start-up companies, entrepreneurs, and private corporations.
Business Litigation Bulgaria
Our law office in Bulgaria provide a wide range of corporate litigation matters throughout Sofia and other bulgarian cities.
The legal services including, drafting of statement for breaches of legal contracts, solution for completion of business disputes, debt collection samples and legal steps for preventing the business frauds.
Business court procedure matters often set a variation in levels of complexity, ranging from simple contact disagreements (e.g., breach of contract) to complex shareholder and partnership disputes.
Our law office, based in Sofia offer a sufficiant business solution and professional services, including legal advices for partnerships, LLC’s, corporations and other entities.
We provide wide range of legal services like business litigation to our clients and businesses, partners, shareholders, members.
The services has been delivered also to individuals, which require an understanding of the applicable law and the particular litigation issues involved.
Our business litigation lawyers works on various types of business litigation matters, representing export companies and individuals by trading with their contractual business partners abroad.
Whether it be for a start-up or a private corporation, commercial litigation in Bulgaria can often be a long and costly effort for any business and its officers and owners.
Business Litigation
Our Bulgaria law office works invensiv with start up busineses and the corporate lawyers appreciate that the involvement of legal counsel.
The business litigation aptly responds and cultivates economic stability out of such legal hardship.c and mental strains of corporate litigation, including gathering the necessary funding for legal fees.
Our Bulgarian business law firm offers reasonable billing options and flexible fees doing business in Bulgaria.
What Is “Business Litigation”?
Business litigation mostly entails disputes related to or stemming from business transactions between individuals or companies. The essence of business disputes involve some kind of contract (oral, written, or statutory obligations) that could arise from a tenancy, a sale of goods or sale of services.
The dynamics of modern business relations can make you aware of the necessity of doing business in different settlements. 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. Commercial sites are fully subordinate and dependent on the trader;
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. (Branches of legal persons who are not traders within the meaning of this law, and the branches of foreign persons also compose a 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.
The manager of the branch is chosen by the authority competent to decide on the establishment of a branch. The decision of election also determines the volume of its representative power. The relationship with the manager of a branch should be settled by a management contract specifying the rights and obligations of the manager. Upon the registration of the branch, the manager must present a notarized consent to be a manager and a specimen of his signature.
Upon registration of a branch of a foreign trader in the TP, the following are attached:
1. the document establishing the existence of the foreign person (if he is a legal person), his right to trade under his national law, the name of the persons representing the foreign trader according to the register in which he is registered (if any); the way of representation;
2. the decision of the foreign trader (firm) to open a branch;
3. if the subject of activity of the foreign trader’s branch is subject to an authorization regime, the relevant license or permit shall apply;
4. the memorandum, the contract or the statutes of the foreign trader containing all amendments at the moment of filing the application for registration of the foreign merchant branch as well as a copy of the instrument of incorporation, the contract or the statutes of the foreign trader in which the personal data , other than those required by law, are deleted;
5. the authority with a notarized signature of the person who manages the branch of the foreign trader (firm);
6. the notarized consent and the specimen of the signature of the person managing the branch of the foreign trader;
7. the document (diploma, certificate of the BNB, etc.) for the professional qualification or the capacity of the manager / managers according to the requirements of a law;
8.other documents as required by law.
All documents for the registration of a branch of a Bulgarian or a foreign company are filed in the Commercial Register in Bulgarian. Documents may also be presented in any of the official languages of the European Union. In this case, the documents shall be submitted together with a translation into Bulgarian. The translation of official documents is done by an interpreter to a company that has signed a contract with the Ministry of Foreign Affairs, on the grounds of Art. 2a, para. 2 of the Regulations on Legalizations,
Certification and Translation of Documents and Other Papers. The fact that the translator was registered with a company that had signed a contract with the Ministry of Foreign Affairs, shall be certified by the Ministry of Foreign Affairs with the signature of the translator or an explicit certificate together with a statement by the translator that he has not been removed from the list at the Ministry of Foreign Affairs.
In the event of a discrepancy between the text of the document and the translation into Bulgarian, the translation is in Bulgarian.
https://lawyer-bulgaria.co.uk/wp-content/uploads/2016/09/24490204_l.jpg16722508lawyerhttps://lawyer-bulgaria.co.uk/wp-content/uploads/2016/03/ilodplogo-300x96.pnglawyer2018-06-24 08:27:132019-05-05 10:17:13REGISTRATION OF A BRANCH
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.
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.
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
As Bulgarian lawyers in commercial law and litigation procedures, we work with many companies and physical persons who have got problems in collection debts in Bulgaria.
Should companies or individuals in Bulgaria be unable to pay their debts, entities dealing are advised to procure specialized legal help in order to complete all the legal procedures required for the purpose of recovery of stated debts.
We support many legal entities and companies by working and extending their trade activities in Bulgaria.
Our international law office in Sofia, Bulgaria, is specialized in debt collection procedures in Bulgaria and provides professional legal services in commercial law and litigation procedures.
We will be happy to represent you and your company, if you require legal actions to be taken regarding outstanding debts.
The main authority in Bulgaria responsible for debt collection in Bulgaria regarding public debts is the National Revenue Agency.
Debt collection lawyers in a private sector are convincing debtors to pay their debts voluntarily by withholding certain benefits, should they be delayed in repaying their debts.
Our clients work in many different fields and operate on the different countries’ markets.
They expect from us, as Bulgarian debt collection lawyers, to support them legally by collecting their debts in Bulgaria.
The process of debt collection in Bulgaria consists of several phases. We, as debt collection lawyers in Bulgaria will advise you on what you need to do in purpose to get your money back, if you have trade partners in Bulgaria.
The whole procedures of debt collection in Bulgaria consists of simple steps at the start and might involve legal action, should it be required.
Regardless of the selected method of approach to the debtor, the debt collection entities in Bulgaria should require a complete access to all the necessary debtor-related documents, including but not limited to: identification details, correspondence, contracts, agreements and invoices.
Phase one of the debt collection procedure in Bulgaria is contacting the debtor and clarifying the details on the outstanding payment.
Should the debtor fail to make a voluntary payment, the next step is sending an official letter. Debt Collection procedures
Debt collection is one of the most common types of legal action taken.
When services, materials or products have been provided but not paid for, it is time for our Bulgarian debt collection attorneys to step in.
Debt collection often involves other legal actions, such as breach of contract and other related claims.
Since our Bulgarian law firm’s founding, litigation, including debt collection, has been central to the firm’s practice.
From negotiating or litigating small debt collection issues for clients to the coordination of complex litigation of multiple claims in jurisdictions within and outside of Sofia, our lawyers bring thoughtful and practical experience to achieve desired results.
Our debt collection attorneys can help you obtain a judgment and collect the outstanding debt.
The regular deadline for response to this letter would be ten days. Then, in case the debtor agrees to pay, the parties shall agree on a payment plan and calculate installments and a deadline for full repayment of the debt.
These debt collection procedure in Bulgaria precede any contingent legal measures and they have the purpose of avoiding the more complicated debt recovery through a legal action.
Should the debtor fail to respond to pre-legal debt recovery, the legal action is the ultimate remaining option.
This process usually involves two phases: pre-litigation and litigation phase.
A petition shall be filed to a Bulgarian court of competent jurisdiction.
We, as a debt collections lawyer in Bulgaria support our clients and provide them with complete details for debt collection procedure in Bulgaria, as well as about the litigation procedures in our country.
Please contact us for more detailed information on +359 897 90 43 91, or send us an e-mail to office@lawyer-bulgaria.bg.
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