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Law Amending And Supplementing Law Attorney

Original Language Title: Закон за изменение и допълнение на Закона за адвокатурата

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Name of law Law amending law attorney Named Bill Bill to amend and supplement the law on the bar admission date 30/06/2010 number/year Official Gazette 53/2010 Decree No 177

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 the bar, approved by HLI National Assembly on 30 June 2010.

Issued in Sofia on July 7, 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing law attorney (official SG. 55/04; amend. and 43/79 since 2005, issue 10, 39 and 2006 105.59/2007 and no. 69 of 2008.)

§ 1. In art. 4 create al. 3:

"(3) subject to the provisions of para. 1 and 2 a lawyer or junior lawyer could become and every citizen with a Member State of the European Union, graduated their higher legal education in the Republic of Bulgaria. "

§ 2. Article 11 shall be amended as follows:

"Art. 11. A national of a Member State of the European Union, acquired legal in a Member State of the European Union, under its legislation, may exercise law profession on the territory of the Republic of Bulgaria under the professional title of origin. "

§ 3. In art. 12 the following modifications are made:

1. In paragraph 8. 1 the word "name" is replaced by "the professional title".

2. Paragraph 4 is replaced by the following:

"(4) a foreign lawyer registered in the register of foreign lawyers may participate personally in the professional associations of lawyers in the Republic of Bulgaria."

§ 4. In art. 13 make the following amendments and additions:

1. In paragraph 8. 1 the word "name" is replaced by "the professional title" and add "and in the register of foreign lawyers kept by the Bar Association.

2. Paragraph 5 shall be amended as follows:

(5) within 14 days of the entry into force of the decision referred to in paragraph 1. 3 the Supreme Bar Council carries out the entry in the single register of foreign lawyers engaged in the career of attorney under the professional title used in the country in which the acquired legal capacity, and sends this message to the Council of the College, of which he is a member the lawyer, for entry in the register of foreign lawyers to the Bar Association. "

3. Create a new para. 6 and para. 7 and 8:

(6) Advokatskiât Board of the College, of which he is a member the lawyer carries out ex officio registration under para. 5 within 14 days from receipt of the communication.

(7) the Supreme Bar Council publishes a map of the foreign lawyer within 14 days of its registration in the single register of foreign lawyers.

(8) in the single register of foreign lawyers to the Bar Association and in the register of foreign lawyers of the Bar Association at the express request of the foreign attorney shall be entered the name (company), the Group of which he is a member in the Member State of origin. "

4. The current paragraph. 6 it al. 9.

§ 5. In art. 14 the following amendments and supplements shall be made:

1. The current text becomes paragraph 1 the word "name" is replaced by "the professional title" and the words "administrative bodies" shall be deleted.

2. a para. 2:

"(2) in the exercise of their professional activities in the Republic of Bulgaria the foreign lawyer practising under the professional title of the Member State of the European Union, which has acquired legal capacity, has the rights and obligations of Bulgarian lawyer. He can exercise joint legal profession with other foreign lawyers registered in the single register of foreign lawyers, and with the Bulgarian lawyers pursuant to Chapter ten. "

§ 6. In art. 15 in the first sentence the word "name" is replaced by "professional title ', the words ' shall be entitled ' shall be replaced by" may "and the third sentence:" the entry in the register of lawyers entitles the foreign lawyer to practise the legal profession under the title "lawyer".

§ 7. In art. 17 the following modifications are made:

1. Paragraph 4 is replaced by the following:

"(4) in the judgment for entry in the register of lawyers of the Bar Association Council advokatskiât performed the entry and sends a copy of the decision to the Supreme Bar Council for unsubscribing from the single register of foreign lawyers in 14 days shall be notified to the competent authority of the country in which the acquired legal capacity."

2. Paragraph 5 shall be repealed.

3. in the Al. 6, the words "the Commission under art. 18 "shall be replaced by" the Supreme Bar Council ".

§ 8. In art. Al 18. 1 shall be amended as follows:

"(1) The priravnitelen examination Bulgarian law may appear foreign lawyer, acquired higher legal education under the legislation of a Member State of the European Union, after the required under the law of that State a period of training and after acquiring legal under the law of a Member State of the European Union."

§ 9. In art. 19 and after the words "foreign lawyer" a comma and add "cooperating and protection in a particular case".

§ 10. In art. 22, para. 1 in the text before paragraph 1, after the word "College" is a comma and add "a foreign lawyer shall be written off from the single register of foreign lawyers and from the register of foreign lawyers to the Bar Association.


§ 11. In art. 52, para. 1, the first sentence after the word "lawyers" a comma and add "foreign lawyers registered in the single register of foreign lawyers".

§ 12. In art. 57, al. 1, the first sentence after the word "Lawyers" insert "and foreign lawyers registered in the single register of foreign lawyers".

§ 13. In art. 58 in the text before point 1 at the end of the first sentence, add "and/or foreign lawyers registered in the single register of foreign lawyers".

§ 14. In art. 59 Al is created. 4:

"(4) in the event that a partner in the law firm's foreign lawyer registered in the single register of foreign lawyers, which is a partner in the form of joint exercise of the lawyer's activity in the Member State of origin, it has the right to use the name (company), stating her legal status."

§ 15. In art. 60, para. 2, after the word "lawyers" insert "and/or foreign lawyers".

§ 16. In art. 62, para. 2 the following endorsements are added:

1. In paragraph 3, after the words "the lawyers" insert "from the register of foreign lawyers".

2. item 5 shall be inserted:

"5. the documents proving the circumstances necessary for registration of the name of the supplement to the law firm in the cases under art. 59, para. 4. "

§ 17. In art. 76 the first sentence shall be replaced by the following: "Solicitor, foreign lawyer registered in the single register of foreign lawyers, or law firm may conclude a contract for cooperation with another lawyer, a foreign lawyer registered in the single register of foreign lawyers, or law firm."

§ 18. In art. 77, para. 1 the first sentence shall be replaced by the following: "Solicitor, foreign lawyer registered in the single register of foreign lawyers, or law firm may conclude written fixed or indefinite contract with another solicitor or foreign lawyer registered in the single register of foreign lawyers for steady work against remuneration."

§ 19. In Chapter ten section IV is created with art. 77A:

' Section Iv

Joint practice of foreign lawyers

Art. 77. (1) the foreign lawyers registered in the single register of foreign lawyers able to exercise the legal profession together with other foreign lawyers registered in the single register of foreign lawyers as well as lawyers, entered in the register under the law, the forms of joint exercise of the legal profession provided for in sections I-III.

(2) one or more foreign lawyers from the same group, listed in the single register of foreign lawyers able to exercise the legal profession on the territory of the Republic of Bulgaria in the branch of their group, established in another Member State of the European Union.

(3) As partners in the branch under para. 2 lawyers may participate under art. 4, al. 1.

(4) the registration and activities of the branch in al. 2 shall be carried out accordingly by the procedure of art. 57, 58, 60-75, as the limit on the number of lawyers under art. 58, the first sentence shall not apply.

(5) in the cases referred to in para. 2 foreign lawyers registered in the single register of foreign lawyers may use the name of the group that belong in their Member State of the European Union, by adding the word "branch", the legal status of the group in the Member State of origin, and at least one of the names of the members of this group who practiced in the territory of the Republic of Bulgaria.

(6) except in the cases under art. 73, para. 1 branch, registered under para. 2, ends when a foreign lawyer is deprived of the right to pursue the career of attorney under art. 133, para. 1, item 4 and 5 as well as to write off the foreign Attorney from the single register of foreign lawyers. "

§ 20. In art. 78 following amendments and supplements shall be made:

1. In paragraph 8. 1 creating the second sentence: "the foreign lawyer registered in the single register of foreign lawyers, a member of the Bar Association in the register of foreign lawyers is entered."

2. in the Al. 2 the word "registry" is replaced by "registers".

§ 21. In art. 80 para. 1 shall be amended as follows:

(1) the general meeting is composed of lawyers and foreign lawyers registered in the registers of the Bar Association. "

§ 22. In art. 108, para. 4 Finally adds "as for selected are declared candidates receiving the highest number of votes".

§ 23. In § 1 of the additional provisions establishes that: 6

"6." Group of which he is a member, lawyer in the Member State of origin "means any entity that is or is not a legal person constituted under the laws of a Member State of the European Union, within which lawyers in this country and jointly under common name pursue their professional activities."

Additional provision

§ 24. This law introduces the requirements of Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 concerning the facilitation of the continuous practice of the profession of lawyer in a Member State other than that in which the qualification was obtained.

The law was adopted by 41-Otto National Assembly of 30 June 2010 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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