Name of law Law amending and supplementing the law on privatisation and post-privatisation Control Name on the Bill a bill amending and supplementing the law on privatisation and post-privatisation control acceptance date 28/10/2010 number/year Official Gazette Decree No 89/2010 308

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 and supplementing the law on privatization and post-privatization control, adopted by the National Assembly of the HLI, 28 October 2010.

Issued in Sofia on November 5, 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on privatisation and post-privatisation control (official SG. 28 of 2002; amended 78/2002, no. 20 and 31 of 2003, Decision of the Constitutional Court No. 5 of 2003 – 39/2003; amend., SG. 46 and 84 of 2003 and 55/115 of 2004, no. 28 , 39, 88, 94, 103 and 105 of 2005, St. 36, 53, 72 and 105, 2006, issue. 59 since 2007, PCs. 36, 65, 94, 98 and 110 in 2008, PCs. 24, 42, 82 and 99 from 2009 and PCs. 18 and 50 of 2010.)

§ 1. In art. 1 the following endorsements are added:

1. In paragraph 8. 2, item 5 Finally add "with a tax assessment over 10 000 EUR".

2. in the Al. 4, item 3 creates a letter "e":

") is submitted for management or acquired by State-owned enterprises under art. 62, para. 3 of the commercial law; ".

§ 2. In art. 3 make the following amendments and additions:

1. In paragraph 8. 3, item 3, the letter "d" is added "with a tax assessment above 10 000 EUR".

2. paragraph 6 is replaced by the following:

"(6) a decision on the privatisation of property – private State property tax assessment with over 10, 000. shall be adopted by the Agency for privatisation and post-privatisation control after a proposal from the head of the Office, which manages the property, or of the Governor in the cases under art. 18, al. 1 of the law on State property. "

§ 3. In art. 4 the following endorsements are added:

1. In paragraph 8. 3, after the word "property" is added "with a tax assessment from 10 000 to 500 000 BGN.

2. a para. 5:

"(5) the privatization of property – private State property tax assessment, with over 500 000 BGN. is carried out by the Agency for privatisation and post-privatisation control following a decision of the Council of Ministers. With the decision of the Council of Ministers shall determine the method and conditions for the privatization of property. "

§ 4. In art. 8 the following endorsements are added:

1. In paragraph 8. 6, after the word "owned" a comma and add "with a tax assessment above 10 000 EUR".

2. a para. 10:

"(10) in the privatization of State-owned property, – private buyer pays to the Agency for privatisation and post-privatisation control overheads at a rate two percent on the price that the Agency transferred to the budget of the District Manager at the location of the property or the budget of the Department or establishment, operated a property."

§ 5. In art. 22 (b), para. 4 create item 9 and 10:

9. can claim real outstanding monetary or monetary terms commitments entered into with the privatisation contracts, for which the privatisation contracts have not been provided for penalties or benefits in the event of non-compliance;

10. can assert any claims relating to or arising from the concluded contracts or privatization of contracts for trust accounts, bank guarantees or other transaction documents, and may be the defendant in such actions in court or arbitration. "

§ 6. In chapter six is created art. 32 in:

"Art. 32. in may not be reduced due to the prekomernost, penalty charges due in privatization contracts, including contracts concluded under the revoked law for transformation and privatization of State and municipal enterprises. "

§ 7. In the transitional and concluding provisions of the law amending and supplementing the law on privatisation and post-privatisation control (SG. 18 of 2010) the following amendments and additions:

1. In paragraph 22:

a) paragraph 3 is amended as follows:

"(3) the information referred to in para. 1 and under para. 2 – real estate – private State property tax assessment with over 10 000 EUR, updated annually by March 31. ";

(b)) in the Al. 4 "and 2" shall be replaced by ' and the Al. 2 – real estate – private State property tax assessment with over 10 000 EUR ".

2. In paragraph 24:

and the current text) became al. 1 and after the words "Government property" "is added to the tax assessment above 10 000 EUR";

(b)) is hereby set up al. 2:

"(2) to be considered sales started under para. 1, where:

1. the decision of the governing body of the State-owned enterprise under art. 62, para. 3 of the commercial code;

2. the warrant of the Governor for the initiation of a tendering procedure;

3. the decision of the Council of Ministers. "

The law was adopted by 41-Otto National Assembly on 28 October 2010 and is stamped with the official seal of the National Assembly.

 President of the National Assembly Tsetska Tsacheva:

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