Law Amending The Law On The Register Bulstat

Original Language Title: Закон за изменение и допълнение на Закона за регистър БУЛСТАТ

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15427/

Name of law Law amending and supplementing the law on register BULSTAT Name Bill a bill amending and supplementing the law on adoption register BULSTAT 14/01/2016 number/year official journal 8/2016 Decree No 11

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the law on the register BULSTAT HLÌÌI, adopted by the National Assembly on 14 January 2016.

Issued in Sofia on 25 January 2016.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Catherine Dana

LAW

amending the law to register BULSTAT (official SG. 39 2005; amend., 105/2005, no. 34 of 2006, 42/2007, no. 82 and 95 of 2009 28/2011 No. 38 by 2012, from 2013, 15 and 12 by 2015.)

§ 1. In art. 2 make the following amendments and additions:

1. In paragraph 8. 1 the words "national capital" shall be replaced by "electronic centralized."

2. in the Al. 3 create the second and third sentences: "any person subject to registration in the register is kept in electronic form. In this case apply applications, documents certifying the scheduled circumstances, and other documents. "

§ 2. In art. 3, al. 1 point 8 shall be replaced by the following:

"8. the branches and sub-divisions of the persons referred to in paragraphs 1, 5 and 7, as well as the divisions of the data entered in the commercial register of traders."

§ 3. In art. 5 para. 4 shall be amended as follows:

"(4) For the subjects of art. 2, al. 2 code BULSTAT certified with identification card. "

§ 4. In art. 7, para. 1 is hereby amended as follows:

1. Sections 13, 14 and 15 be amended thus:

13. legal basis;

14. the distribution of ownership;

15. affiliations/succession; ".

2. point 17 shall be replaced by the following:

"17. partner/owner;".

§ 5. In chapter two, section III creates art. 8A:

"Art. 8A. When code is indicated in court BULSTAT, State and local authorities, the persons entrusted with the exercise of a public function, and organisations providing public services, including banks, do not have the right to require proof of the circumstances listed in the BULSTAT registry. The ban also applies to the contracting authorities referred to in art. 7 of the law on public procurement. "

§ 6. Article 9 is amended as follows:

"Art. 9. (1) the Registration and deletion shall be carried out on the basis of the sample application. Samples of applications shall be established by the Executive Director of the registry Agency.

(2) the application shall contain:

1. details of the applicant;

2. details of the person for which registration or deletion;

3. the circumstances under art. 7, subject to entry of the person concerned;

4. signature of the applicant.

(3) registration and deletion can be said by the person referred to in art. 3, respectively by his legal representative, a lawyer with explicit proxy or proxy with explicit power of Attorney certified by a notary. On application of registration in the special register under art. 2, al. 2 the authorisation may be in written form. In the event of a change in the representation of the new circumstances representing the State.

(4) the application shall be accompanied by a declaration of the truth of the alleged circumstances, signed by the applicant.

(5) the applications in paper form shall be submitted to the territorial units of the registry Agency, which are the seats of district courts.

(6) upon acceptance of the application verifies the identity of the applicant.

(7) the entities referred to in art. 2, al. 2 shall be entered in the registry agency – Sofia. "

§ 7. Article 10 is amended as follows:

"Art. 10. (1) in a register BULSTAT is carried out ex officio registration of circumstances for persons under art. 3 at the request of the National Social Security Institute or the revenue body. The request must be accompanied by a document certifying the obligation for the entry of the person in the BULSTAT registry.

(2) the register BULSTAT is carried out ex officio registration of circumstances for persons under art. 3, al. 1, item 1 – 8 and 10 on the basis of the entries in other public records after the expiry of one month from the obligation to submit documents art. 11, para. 1.

(3) the Executive Director of the registry agency authorized by him or an employee of the registry shall notify the taxable persons referred to in art. 3 for the official registration referred to in paragraph 1. 1 or 2.

(4) Management representatives, respectively, or as expressly authorised persons of the entities referred to in art. 3, are required to certify the payment of the fee for registration within 7 days of receipt of the notification under paragraph 1. 3.

(5) the register BULSTAT is carried out ex officio registration of closure/deletion of the persons under art. 3, al. 1, item 1-8 after the expiry of their term of existence or on the basis of the entries in other public records.

(6) the registration of the persons under art. 3, al. 1, item 9 – 11 officially terminates upon the death of the person.

(7) the Official registration is at the expense of the person entered, except in the cases referred to in para. 6. "

§ 8. Article 11 shall be amended as follows:

"Art. 11. (1) an application under art. 9, para. 1 the persons under art. 3, al. 1, item 1 – 8 and para. 2 according to its present status:

1. a copy of the judgment or other document, as follows:

a) legal persons – the Act of creating them and the Act defining the person who manages them and/or forms;

(b)) the commercial representations of foreign persons under art. 24 of the investment promotion Act – registration document in the Bulgarian Chamber of Commerce and industry;


in foreign legal persons) under art. 3, al. 1, item 5 – a document certifying the completion of activity in the territory of the Republic of Bulgaria; certified document stating the emergence and the representation of foreign legal entities in the country concerned;

d) companies under nepersonificiranite law on obligations and contracts and the insurance cases under art. 8 of the social security code – articles of, respectively, the certificate of registration in the National Revenue Agency;

e) branches and divisions under art. 3, al. 1, item 8 – Act, establishing and defining the person who manages them and/or forms;

other persons) other than those referred to in letters "a", "e", which are insurers – legitimization documents and/or demonstrating the performance of an activity, where such is required by law;

2. a document for paid fee the tariff approved by the Council of Ministers;

3. the registration questionnaire and/or registration information for the data under art. 7, para. 1 and 4 – for the subjects of art. 2, al. 2.

(2) the documents shall be submitted in the original, certified by the applicant's transcript or a certified true copy.

(3) when the subjects of art. 2, al. 2 the administrative act of creation or modification contains classified information that cannot be provided to the registry Agency, the data shall be entered on the basis of a declaration by the managing, respectively by the representative or by explicitly authorized person. "

§ 9. Article 12 is amended as follows:

"Art. 12. (1) the application shall be lodged within 7 days from the occurrence of the obligation for registration of persons under art. 3. (2) the registered persons to judicial time shall begin to run from the receipt of the decision. For the persons under art. 3, al. 1, item 9-11 period under para. 1 run from the commencement of the action, respectively from the hiring of individuals, the purchase of property or a change in the circumstances under art. 7, para. 2.

(3) within 30 days of the entry into force of the Act of creation/origination, changing or closing/deleting of entities referred to in art. 2, al. 2 managing representative, respectively, or explicitly authorized person shall submit the documents referred to in the Act and art. 11 in the registry Agency.

(4) when any change in the underlying circumstances the person under art. 3 is required within 7 days to declare entry in the register. "

§ 10. Article 14 shall be amended as follows:

"Art. 14. (1) the applications and requests for registration and deletion, filed on paper, shall be entered in the system by removing the electronic images of them and of the attached documents.

(2) the electronic document created by stated at para. one way, is believed to be identical with the document, filed on paper, until proven otherwise.

(3) the written documents submitted by the applicant under para. 1 shall be kept by the registry Agency for a period of 10 years from the date of the inclusion or deletion. After the expiry of the 10-year retention period they can be destroyed if not subject to transmission in the National Archive Fund. The order and the manner of storage and destruction shall be determined by the Executive Director of the registry Agency.

(4) documents filed on paper, no references and does not issue certificates, except in the case of litigation or in the issue of reports and certificates for subjects under art. 2, al. 2.

(5) applications for subjects under art. 2, al. 2 be submitted only on paper. "

§ 11. Article 15 shall be amended as follows:

"Art. 15. (1) the registry Agency provides an opportunity for the adoption of the documents referred to in art. 11, para. issued and signed in accordance with the law on electronic document and electronic signature, under the conditions and pursuant to the Act on e-governance.

(2) where required the filing of documents with the notary, their electronic image is applied to the application. "

§ 12. Article 16 shall be amended as follows:

"Art. 16. (1) the applications and requests for registration and deletion are handled by the registration officer in the order of their receipt.

(2) the registration officer shall rule on applications and requests for registration and cancellation by the end of the next business day from receipt.

(3) the registration officer shall examine whether:

1. an application for registration or requested cancellation, subject to the conditions laid down for that form and order;

2. the requested circumstance is subject to registration and is not recorded;

3. the application is submitted by an authorised person;

4. to request all documents are applied in accordance with the requirements of the law;

5. is presented a declaration under art. 9, para. (4);

6. State tax due is paid. "

§ 13. Article 17 is amended as follows:

"Art. 17. (1) the registration officer shall carry out, within the time limit under art. 16, al. 2, respectively, in the period referred to in paragraph 1. 3 registration or deletion of the entry when there are those provided for in art. 16, al. 3.

(2) the inclusion and deletion shall be carried out by entering information about the fact in the register.


(3) where an application for registration and deletion are not attached all documents required by law, or where it has not paid the State fee, the registration officer shall give instructions to the applicant to rectify the irregularity. The instructions are announced via a batch of the person referred to in art. 3, if a specified email address and are sent to him, and when an application for registration – the official website of register BULSTAT, within the time limit under art. 16, al. 2. the applicant may satisfy the guidelines given and submit relevant documents through the sample application. The registration is refused, if these instructions are not complied with within 5 working days of making them.

(4) subject to entry in a register BULSTAT check for consistency between the data in the documents presented and in the national database of register BULSTAT in other registers and information systems that can be accessed register BULSTAT.

(5) set out in the examination discrepancies with the documents referred to in art. 11, para. 1 and the application under art. 9, para. 1 report is drawn up in a form approved by the Executive Director of the registry Agency. Registration services provide the report to the authority that issued the Act, and of the management representative, respectively, or expressly authorized person. "

§ 14. Article 18 shall be amended as follows:

"Art. 18. (1) the registration provides reasoned refusal, when there was not any of the measures provided for in art. 16, al. 3. The refusal shall be given to the applicant immediately after decreeing him personally or by registered letter with acknowledgement of receipt.

(2) where the applicant has indicated in its application that it wishes to be notified electronically, the refusal shall be sent to the email address specified by him. In this case, the acknowledgement of receipt of the refusal is not required. "

§ 15. Article 19 shall be amended as follows:

"Art. 19. (1) the refusal to be made subject to registration in administrative order to the Executive Director of the registry agency under the administrative code. The Act of the Executive Director, which confirms the refusal shall be subject to the dispute before the Court under the administrative code.

(2) in the event of a dispute about the surrender of a registration and entire file shall be sent to the competent authority. If the waiver is cancelled, the entry shall be carried out ex officio, for which the applicant shall be informed. "

§ 16. Article 20 is amended as follows:

"Art. 20. (1) in case of refusal to perform the requested registration or deletion, the applicant may submit a new application for registration, respectively for the deletion of the same circumstance. The new application is considered in order of receipt.

(2) upon submission of the new application, the applicant can benefit from already presented documents annexed to the application, which made refusal, indicating the number of the application and the type of documents. In these cases, the applicant shall submit a new declaration under art. 9, para. 4. "

§ 17. Article 21 shall be amended as follows:

"Art. 21. (1) the errors and incompleteness, admitted to registration or deletion of circumstances, including in case of discrepancy between the data reflected in the application, and the data in the annexes thereto shall be removed ex officio or at the request of the person concerned, through a new registration.

(2) upon entry in the register BULSTAT committed the entity other than those referred to in art. 3 registration or wrong or re-entry is deleted by order of the Executive Director of the registry Agency. In this case the registry agency publishes the deletion of entry in a register BULSTAT in the official website of the Agency. "

§ 18. Articles 22, 23 and 24 shall be repealed.

§ 19. In art. 25, para. 1 the words "art. 23, para. 1 "shall be replaced by" art. 21, para. 2. "

§ 20. In art. 27 the following modifications are made:

1. Paragraphs 1 and 2 shall be read with the following adaptations:

(1) regional courts provide free electronically to the registries court decisions instituting, change and deletion of legal persons who are not traders.

(2) judgments in al. 1 provide registration services within one working day. "

2. in the Al. 3 the words "land registry departments" are replaced by "registration services".

§ 21. In art. 28, para. 1 and 3, the words "the land registry departments" are replaced by "registration services".

§ 22. In art. 29, para. 2 make the following amendments and additions:

1. a new item 6:

"6. the register of vocational training centres and centres for information and career guidance;".

2. Current item 6 becomes item 7.

§ 23. In art. 31, para. 2 the words "land registry departments" are replaced by "registration services".

§ 24. In art. 32 the following modifications are made:

1. In paragraph 8. 1 the words "art. 14, para. 2 "are replaced by" article. 17, al. 5. "

2. Paragraph 4 is replaced by the following:

(4) registration services provide electronic copies of the documents referred to in art. 11 of the National Revenue Agency. "

3. in the Al. 5, the terms "land registry departments" are replaced by "registration services".

4. in the Al. 6 the words "land registry departments" are replaced by "registration services".

§ 25. In art. 33, para. 4 the words ' land registry departments "are replaced by" registration services ".

§ 26. Article 35 shall be repealed.

§ 27. Article 36 shall be amended as follows:

"Art. 36. (1) every can make reference to the presence or absence of entry in register BULSTAT. Reports can be made by:

1. name or UIC, respectively the PIN subjects in art. 3;

2. company case/year/District Court;

3. each entry, as well as connectivity to the data subjects.


(2) Anyone may request written reports for the listed circumstances under art. 8, al. 1 against payment of a State fee, determined by the tariff for State fees charged by the registry Agency. Written reports are carried out by criteria stated in writing at the Office of registration in the presence of technical possibility for this.

(3) Anyone may request the issuance of a certificate of entries made in the register BULSTAT circumstances against payment of a State fee, determined by the tariff for State fees charged by the registry Agency. The certificate contains an extract from register BULSTAT of the scheduled circumstances. Certificates are issued and that for a given subject under art. 3 defined circumstance is not entered. Certificates are official documents. "

§ 28. In art. 37 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) the registry Agency provides free access to public information in register BULSTAT, issued free reports and certificates on the Court, the State and local authorities. "

2. in the Al. 2:

a) a new paragraph 1:

"1. the public part of the register BULSTAT on the Internet;"

(b)) the current paragraph 1 becomes paragraph 2 and in her words "on the Internet" are deleted;

in the past) item 2 becomes item 3;

d) existing paragraph 3 becomes paragraph 4 and the words "in her art. 14, para. 2 "are replaced by" article. 17, al. 5. "

3. a para. 3:

"(3) the reports and certificates shall be issued in writing."

§ 29. Article 46 shall be amended as follows:

"Art. 46. An official who contravenes the prohibition under art. 8 (a) is punishable by a fine of 100 to 500 LEVs. "

§ 30. Article 47 shall be repealed.

§ 31. In art. 48 the words "art. 24, para. 3 and 6 "shall be replaced by" art. 10, para. 4. "

Final provision

§ 32. The law shall enter into force on 1 may 2016.

The law was passed by the National Assembly-43 on 14 January 2016 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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