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 of acceptance 30/11/2012 number/year Official Gazette 99/2012 Decree No 418
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
To be published in the Official Gazette the law amending the law on the commercial register, approved by HLI National Assembly on November 30, 2012.
Issued in Sofia on 7 December 2012.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Diana Kovatcheva
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 and 25 and 38 by 2012.)
§ 1. In art. 16 para. 3 shall be amended as follows:
"(3) the written documents submitted by the applicant under para. 1 shall be kept by the Agency for a period of 10 years from the date of registration, deletion or announcement. 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 Agency. "
§ 2. In § 1 of the additional provision, paragraph 4 shall be repealed.
§ 3. In the transitional and final provisions the following amendments and supplements: 1. In paragraph 5:
(a)) in the Al. 2, second sentence, after the words "enforcement procedures" insert "other than an application for opening of insolvency proceedings";
(b)) paragraph 4 shall be repealed;
in) in the Al. 5 Finally, the first sentence the words "(list n ° 3) ' shall be deleted;
(d)) paragraph 6 is hereby repealed.
2. In paragraph 5 (a)): (a) paragraph 1 shall be amended as follows: "(1) an application for liquidation of trader under § 5, para. 2 may be filed with the commercial register before 31 January 2015. the application shall specify the liquidator and the liquidation period. ";
(b)) created new al. 2-7:
"(2) an application under subsection. 1 may file a person who is a partner, shareholder, Member or their successor cooperator, a member of the governing body of the nepreregistriran merchant, trader, in which partner is nepreregistrirano company or creditor of a cooperative, nepreregistriran trader, creditor of a partner at nepreregistrirano trading company, a public body and a body of local self-government. The quality of a shareholder or member-cooperator is established by a written declaration, a quality lender is demonstrated with an act to establish the public decision issued by the competent authority, by an act of art. 404 and art. 417, items 1-8 of the code of civil procedure or with a certificate from the court bailiff for instituted enforcement proceedings.
(3) a person referred to in paragraph 1. 2 may submit an application after the time limit and under para. 1, where on 31 January 2015 between him and nepreregistriraniâ nepriklûčilo trader has a judicial or arbitral proceedings.
(4) the persons referred to in para. 2 may state in the commercial register entry of the circumstances of the liquidation of the nepreregistrirano trading company and cooperative, which at 31 December 2011 are in liquidation.
(5) if submitted more than one applications winding they are pooled for general viewing.
(6) on the basis of an application under subsection. 1 the Agency requires the Court of registration of merchant nepreregistriraniâ certificate containing the data for the last listed circumstances, as well as transcripts of actual on 31 December 2011, articles of incorporation, company contract or statute. Court of registration sends the agency electronic copies of the relevant documents signed with electronic signatures under the conditions and pursuant to the electronic document and electronic signature law, and shall provide the Agency with access to capture an electronic image of the whole company file pronomerovano on offer. Capturing electronic images is carried out jointly by officers of the Court and of the Agency. The employee of the Agency certifies the identity of the electronic signature with the scanned documents from paper company case with documents in electronic form.
(7) the circumstances of the liquidation shall be entered in the commercial register, after registration of the salesperson. ";
in the past) Al. 2 it al. 8 and in her words "para. 1 "shall be replaced by" para. 7 ";
d) previous al. 3 and 4 become Al respectively. 9 and 10;
(e)) the current al. 5 it al. 11 and in her words "in this case, the Agency required by the District Court in the latest issue of the merchant's registration certificate and a copy of the current company contract or statute of the trader" are replaced by "line is applied under paragraph 1. 6. "
3. In paragraph 5 (b):
a) paragraphs 1 and 2 shall be repealed;
(b)) paragraphs 3 to 7 shall be amended as:
"(3) a liquidator shall be appointed to the merchant nepreregistriran the person or persons entitled to represent it, according to the entry in the Court of registration. The liquidators are considered to be notified of the assignment with the entry in the commercial register. In these cases do not require a notarized consent to the model of the signature.
(4) where a person referred to in paragraph 1. 3 is unable to perform the duties of a liquidator or not entered representing, a liquidator is appointed the person referred to in the application under § 5, para. 1. The applicant shall provide notarized consent with a specimen of the signature of the person referred to the liquidator. When more applications are filed, the liquidators may be assigned two or more persons together constitute the merchant. If the application is not specified person for a liquidator, the liquidator shall be determined by the registration officer.
(5) the costs of the winding up shall be borne by the merchant. When the dealer does not have the means, the applicant for the winding-up, liquidation provides the means to pay, including the remuneration of the liquidator. When submitted more applications means shall be provided by the applicants equally.
(6) where the costs of the liquidation are provided by a person who submitted an application for liquidation, the same shall be refunded to him after cashing in on the property before the satisfaction of the other creditors.
(7) the remuneration of the liquidator shall be paid after the termination of his functions in the amount and in accordance with procedures determined by the Ordinance under art. 31. ";
in) in the Al. 8 the words "with effect from the date of registration of the liquidator, but no later than 31 January 2017. ' shall be deleted;
d) paragraphs 9 and 10 shall be read with the following adaptations:
(9) the time limit for liquidation may be extended on the basis of a reasoned proposal by the liquidator, or at the request of the person referred to in § 5, para. 2.
(10) the person submitted an application for liquidation of the trader may make a request to the registration officer for the replacement of the appointed liquidator, if he does not fulfil his obligations or with your actions endanger the interests of the dealer or lenders. Request for replacement of appointed liquidator can do and another person under § 5, para. 2 by the procedure of art. 266, para. 4 of the commercial code. ";
(e)) paragraphs 11 and 12 shall be repealed;
is) paragraph 13 shall be repealed;
(g)) in the Al. 15, second sentence, the words "§ 5, para. 4 "shall be replaced by the words" § 5, para. 1. "
4. in paragraph 5 shall be amended as follows:
"in § 5. (1) upon application for enforcement proceedings, a party to which the trader § 5, para. 2, the bailiff shall issue the certificate of execution which the creditor and specifies to apply for liquidation.
(2) in the event of liquidation be entered within two months after receipt of the instructions referred to in paragraph 1. 1, enforcement proceedings shall be suspended. Suspended enforcement proceedings shall be resumed at the request of a party or ex officio by the bailiff after the entry of the liquidation.
(3) proceedings may be opened and the trader under § 5, para. 2. in such cases the Court judicial orders of company re-registration.
(4) when there is no open insolvency proceedings under paragraph 1. 3, the court sends logged on into force an act of Agency for official registration in the commercial register of the liquidation. "
5. In paragraph 5 (d):
a) paragraph 2 is amended as follows:
(2) company files of suspended and officially deleted branches of sole proprietors and foreign traders, as well as company files the suspended under § 5, para. 2 and nepreregistrirani companies and cooperatives are archived and stored in the appropriate court in the last registration. They shall be destroyed within the prescribed period, but no earlier than 1 January 2017 – the sole proprietorship and the branches of foreign traders under § 5, para. 1, and no earlier than 1 February 2022 – for nepreregistriranite companies and cooperatives under § 5, para. 2. The Court of the last registration provides access to archived corporate matters and corporate records of courts and issue copies of the documents contained in them on the nepreregistriranite companies and cooperatives and officially deleted sole proprietors and the branches of foreign retailers. ";
b) paragraph 3 shall be repealed;
in) paragraphs 4 and 5 shall be read with the following adaptations:
"(4) commercial companies and cooperatives with a terminated activity which, at 31 January 2017, not been re-registered shall be deemed to be deleted.
(5) where a trader in al. 4 open property, the persons referred to in § 5, para. 2 may submit an application for liquidation thereafter in accordance with art. 273, para. 2 of the commercial code, but not later than 31 December 2022. "
6. In paragraph 5 (e), the words "§ 5A-5 d" shall be replaced by the words "§ 5A and 5b.
§ 4. In art. 77 of the tax-insurance procedure code (official SG. 105 by 2005; amend. No. 30, 33, 34, 59, 63, 73, 80, 82, 86, 95 and 105 of 2006, issue 46, 52, 53, 57, 59, 108 and 109 in 2007, 36/69 and 98 in 2008, issue 12, 32, 41 and 93 from 2009, issue 15, 94 , 98, 100 and 101 of 2010, PC. 14, 31, 77 and 99 from 2011, issue. 26, 38, 40, 82 and 94 by 2012.) Al. 1 shall be amended as follows: ' (1) in the case of cancellation of a sole trader from the commercial register, with termination of legal person – trader, a transfer of an undertaking referred to in art. 15 of the commercial code, conversion pursuant to Chapter sixteen of the commercial code, as well as upon submission of an application for liquidation under § 5, para. 1 of the transitional and concluding provisions of the law on the commercial register, the applicant shall notify the trader or territorial Directorate of the National Revenue Agency in which the merchant prior to the filing of the application for registration of the entry. Territorial Directorate of the National Revenue Agency shall issue to the applicant a dealer's or certificate of notification within 60 days of receipt of the notification. "
§ 5. In art. 536 of the code of civil procedure (promulgated, SG. 59 of 2007; amend., no. 50 of 2008, decision No. 3 of the Constitutional Court from 2008 – No. 63 by 2008; amend., SG. 69 since 2008, issue 12, 18, 32 and 42 by 2009; No. 4 Decision of the Constitutional Court of 2009 – No. 47 of 2009; amend. , PC. 82/2009, PCs. 13 and 100 by 2010, Decision No. 15 of the Constitutional Court from 2010 – PCs. 5 of 2011; amend., SG. 45 and 49 by 2012.) Al is created. 3:
(3) proceedings under subsection Ohranitelnoto. 1 stop, if there are conditions for the issuing of requests Act, in the case of art. 19, para. 5 of the law on the commercial register. Definition of suspension subject to appeal pursuant to chapter twenty one. "
§ 6. The Ordinance under art. 31 shall be brought into conformity with this Act within one month of its entry into force.
The law was adopted by 41-Otto National Assembly on 30 November 2012 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva: