Law Amending The Law On The Commercial Register

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

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15148/

Name of law a law amending the law on the commercial register of the Name Bill Bill to amend and supplement the law on the commercial register date adopted 13/03/2015 number/year Official Gazette 22/2015 Decree No 41

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 commercial register, adopted by HLÌÌI National Assembly on 13 March 2015.

Issued in Sofia on March 20, 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

amending the law on the commercial register (promulgated, SG. 34 of 2006; amend., 80 and 105/2006, no. 53, 59 and 104 from the 2007 No. 50 and 94 since 2008, 44/2009 No. 101 of 2010 and 34/105 from 2011, 25, 38 and 99 by 2012 and issue 40 of 2014)

§ 1. In art. 3 Al is created. 4:

"(4) the Agency shall ensure the interoperability of the commercial register in the framework of the system for the interconnection of Central, commercial and corporate registries, hereinafter called" system for interconnection of registers "."

§ 2. Art is created. 3A:

"The exchange of information

Art. 3. (1) the registry Agency shall immediately provide the interconnection of registers providing free information on the commencement or termination of winding-up proceedings entered in the commercial register of the company in bankruptcy and its announcement about its deletion from the register.

(2) the registry Agency provides immediate receipt of information through the system for interconnection of registers concerning the commencement or termination of winding-up proceedings, bankruptcy and the cancellation of a foreign person registered branch of art. 17A of the commercial law.

(3) the registry Agency made available through the European e-Justice Portal up to date information on the legislation of the Republic of Bulgaria, under which third parties may refer to the circumstances and entered in the commercial register acts announced. "

§ 3. In art. 4, after the words "branches of foreign merchants" a comma and add "as well as other persons and bodies".

§ 4. In art. 11 al. 4:

"(4) the registry Agency provides free and open access to the scheduled circumstances and the stated acts and interconnection system of records."

§ 5. Art is created. 14A:

"Notifications from the registers of the Member States

Art. 14. In the cases provided for by law, registration, cancellation and declaration shall be made on the basis of a notification received by the registry of the Member State through the system for interconnection of records. "

§ 6. In art. 23 is made the following changes and additions:

1. the title shall be replaced by the following: "identification code".

2. a new paragraph. 2:

"(2) the method for the formation of the UIC for connection with the European platform is determined to act for the implementation of the European Commission."

3. a new paragraph. 3:

"(3) the Agency shall determine a personal identification code, called a" PEAK ", mandatory for other persons and bodies, which are provided for by law, subject to entry in the commercial register."

4. The current paragraph. 2 it al. 4 and in her words "the single identification code" shall be replaced by "identification code under para. 1 and 3.

5. The current paragraph. 3 it al. 5 and the abbreviation "UIC" is replaced by "identification code under para. 4. "

6. The current paragraph. 4 it al. 6 and the abbreviation "UIC" is replaced by "identification code".

§ 7. In art. 31, para. 2 Finally a comma and add "through the system for interconnection of registers".

§ 8. In art. 32, para. 2, item 1, 2 and 3, the abbreviation "UIC" is replaced by "identification code".

§ 9. In art. 34, para. 2 creates a second sentence: "consultation via remote access and can be carried out through a system for interconnection of records."

§ 10. In art. 40, para. 5, the words "para. 4 "shall be replaced by" para. 6. "

Additional provision

§ 11. This law introduces the requirements of Directive 2013/17/EC of the European Parliament and of the Council of 13 June 2012. amending Council Directive 89/666/EEC of the Council and directives 2005/56/EC and 2009/101/EC of the European Parliament and of the Council concerning the interconnection of Central, commercial and corporate registers (OJ L 156/1 dated 16 June 2012).

Final provisions

§ 12. In the commercial law (promulgated, SG. 48 of 1991; amend., no. 25 of 1992, no. 61 and 103 of 1993, 63/1994, no. 63 of 1995, no. 42, 59, 83, 86 and 104 of 1996, 58/100 and 124 of 1997, no. 21, 39, 52, and 70 of 1998 No. 33 , 42, 64, 81, 90, 103 and 114 in 1999, St. 84. Since the year 2000, PCs. 28, 61 and 96 in 2002, PCs. 19, 31 and 58 from 2003, PCs. 31, 39, 42, 43, 66, 103 and 105 of 2005, St. 38, 59, 80 and 105, 2006, issue. 59, 92 and 104 from 2007, PCs. 50, 67, 70, 100 and 108 of 2008, PCs. 12, 18, 32, 47 and 82 from 2009, PCs. 41 and 101 of 2010, PC. 14, 18 and 34 by 2011, issue. 53 and 60 of the 2012 issue. 15 and 20 by 2013 and St. 27 by 2014) make the following additions:

1. In art. 17 and Al are created. 5 and 6:

"(5) the entry of particulars under paragraph 1. 3, item 2, 3 and 4 can be performed on the basis of the official notification from the register of another Member State of the European Union, the person is obtained by the system for the interconnection of registers of the Member States.


(6) in the event that the foreign person be removed from the register of another Member State, in which it was entered, and its deletion is not a result of a change in the legal-organizational form, a merger or a Division, or a cross-border transfer of the registered office, the branch shall be deleted ex officio on the basis of the notification by the registry of the other Member State, received through the system for interconnection of registers provided that at the time of receipt of the notification by the foreign person is not an application for entry of the closure of the branch. "

2. In art. 265 n creates a second sentence: "the notification gets through the system for interconnection of records."

§ 13. In the social security code (promulgated, SG. 110; since 1999 decision No 5 of the Constitutional Court from 2000 – 55/2000; amend., no. 64 of 2000; issue 1, 35 and 41 of the 2001, issue 1, 10, 45, 74, 112, 119 and 120 of 2002, no. 8, 42, 67, 95, 112, and 114 from 2003. , PC. 12, 21, 38, 52, 53, 69, 70, 112 and 115 of 2004, PCs. 38, 39, 76, 102, 103, 104 and 105 of the 2005 St. 16, 30, 34, 56, 57, 59 and 68 by 2006; Corr, PCs. 76 of 2006; amend., SG. 80, 82, 95, 102 and 105, 2006, issue. 41, 52, 53, 64, 77, 97, 100, 109 and 113 of 2007, PC. 33, 43, 67, 69, 89, 102 and 109 from 2008, PCs. 23, 25, 35, 41, 42, 93, 95, 99 and 103 of 2009, PCs. 16, 19, 43, 49, 58, 59, 88, 97, 98 and 100 by 2010; Decision of the Constitutional Court No. 7 of 2011-PCs. 45 by 2011; amend., SG. 60, 77 and 100 by 2011, issue. 7, 21, 38, 40, 44, 58, 81, 89, 94 and 99 by 2012 PCs. 15, 20, 70, 98, 104, 106, 109 and 111 by 2013, PCs. 1, 19, 27, 35, 53 and 107 by 2014 and PCs. 12 and 14 by 2015.) in art. 5, al. 10 the following endorsements are added:

1. in the third sentence, finally a comma and add "except in the case of ex officio cancellation by the procedure of art. 17A, al. 6 of the commercial code ".

2. a fourth sentence: "when the statements and other documents for the retirement and social security income to employees who worked in the branches of foreign traders, officially deleted under art. 17A, al. 6 of the commercial code are not passed in the relevant territorial unit of the National Social Security Institute until the date of cancellation, persons who hold them, are required to submit, within three months of the cancellation. "

§ 14. In the law on Bulgarian citizenship (official SG. 136 of 1998; amend. 41/2001, no. 54 of 2002, 109 and 52/2007, no. 74 and 82 from 2009, issue 33 of 2010/11 and 21 of 2012, issue 16, 66, 68 and 108 from 2013, no. 98 of 2014 and 14 by 2015) in art. 14 (a), para. 1 paragraph 1 shall be replaced by the following:

"1. no more than one year is authorized for permanent residence in the Republic of Bulgaria pursuant to art. 25, para. 1, item 6 or 7 of the law on foreigners in the Republic of Bulgaria:

(a)) increased its investment under the same conditions of law to a value of at least $ 2 million. EUR or

(b)) is the capital of devotes Bulgarian commercial company not less than 1 million. EUR for by the company priority investment project, certified under the investment promotion Act; ".

§ 15. In the law on economic and financial relations with companies registered in jurisdictions with the preferential tax regime, their affiliates and their actual owners (SG. 1 by 2014) in art. 6 al. 2 shall be amended as follows:

"(2) in the commercial register, unless the circumstances under art. 4 shall be entered:

1. information about the company, registered in a jurisdiction with a preferential tax regime, including company number in the national register, legal form according to national legislation, seat and address of management, representing persons – their names, nationality and date of birth;

2. the identification data for the actual owners-individuals, in accordance with the notarized Declaration in a form approved by the Minister of Justice. "

§ 16. The law shall enter into force from 1 January 2017, with the exception of § 3, § 6, item 1, 3-6, § 8, 14 and 15, which shall enter into force on the day of its publication in the Official Gazette.

The law was passed by the National Assembly-43 on 13 March 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

1952