Subject
Article 1. This Act shall provide for the commercial registration, the keeping, storage and access to the commercial register, as well as the validity of entries, striking off and disclosures therein.
Definition
Article 2. (1) The Commercial Register shall be a standard centralized electronic database containing the entered circumstances referred to in Article 4 and the disclosures referred to in Article 5, which shall be operated by an information system.
(2) A separate file in electronic form shall be kept for each trader and branch of foreign trader.
Keeping and Storage of Commercial Register
Article 3. (1) The Commercial Register shall be kept by the Registry Agency with the Minister of Justice, hereinafter referred to as the "Agency"
(2) The Commercial Register shall be stored by the Agency in a manner guaranteeing the security of the information contained therein.
(3) The Agency shall provide automated submission of information as regards entered traders, branches of foreign traders and the circumstances related thereto and the acts announced in the Commercial Register, to the National Revenue Agency, as well as to other subjects established by a law.
Circumstances Liable to Entry
Article 4. Traders, branches of foreign traders and circumstances related thereto, for which there are provisions of a law that they are liable to be entered, shall be entered in the Commercial Register.
Acts Liable to Notification
Article 5. Acts pertaining to the traders and branches of foreign traders for which it is provided by a law that they are liable to notification shall be disclosed in the Commercial Register.
Obligation for Declaration and Presentation
Article 6. (1) Each trader shall be obligated to request entry into the Commercial Register, declaring circumstances liable to entry and presenting the acts liable to notification.
(2) Any person obligated to apply for entry of circumstance or to present acts at the Commercial Register shall do so within seven days of the onset of said circumstance, respectively the adoption of the act, except if another time limit has not been defined by a law.
(3) (Amended, SG No. 105/2006) The acts under Article 40, paragraphs 1 - 3 of the Accountancy Act shall be declared and submitted for disclosure to the Commercial Register in compliance with the procedure and terms under the Accountancy Act.
Entry Action
Article 7. (1) The entered circumstance shall be considered known to the third parties in good faith from the moment of entry. Prior to the expiry of 15 days from entry it may not be relied on as against third parties who prove that it was impossible for them to have knowledge thereof.
(2) The third parties may refer to a circumstance liable to entry, although that entry has not yet been made, except if a law does not explicitly provide for it to cause action following entry.
Action of Expungement
Article 8. Expungement of entry shall terminate future action of entry.
Action of Disclosure
Article 9. (1) Disclosure shall give publicity of the act disclosed.
(2) The acts presented under Article 5 shall be considered to have become known to third parties from the moment of notification.
Confidence in Commercial Register
Article 10. (1) Third parties in good faith may refer to the entry, as well as the notification even if the entered circumstance, respectively the act announced, does not exist.
(2) Non-entered circumstances shall be considered non-existent for the third parties in good faith.
Publicity
Article 11. The Commercial Register shall be public. Any person shall have the right to free access thereto and to the documents on the basis of which the entries, expungements and disclosures have been made.
Fees
Article 12. (1) A state fee by a tariff approved by the Council of Ministers shall be charged for entry into the Commercial Register, issuance of certificate, preservation of business name, as well as provision of access to the database.
(2) The Agency shall provide specialized services for automated access to the Commercial Register in return for a fee according to the tariff referred to in Paragraph (1).
(3) Access to the Commercial Register by official means of state authorities, organs of local self-government and local administration and the persons who have been commissioned to perform a public function shall be free of charge. The procedure and manner of affecting thereof shall be provided by an act of the Council of Ministers.
Chapter Two
REGISTER PROCEDURE

Application
Article 13. (1) Entry, expungement and disclosure shall be made on the basis of an application by form.
(2) The application shall contain:
1. data about applicant;
2. data about the trader or the branch of a foreign trader on whose case an entry, expungement or notification is requested;
3. circumstance liable to entry, the entry whose expungement is requested or the act liable to disclosure and
4. signature of applicant.
(3) The documents, respectively the act liable to disclosure according to the requirements of the law shall be attached to the application.
(4) The applications and the acts of court on paper means shall be submitted at any territorial unit of Agency according to the seat of district courts..
(5) The applicant shall sign a declaration concerning the veracity of circumstances declared thereby or concerning the adoption of the acts submitted.
(6) The personal identity of applicant shall be checked at acceptance of application.
Acts of Court
Article 14. Entry, expungement and disclosure shall be effected immediately and on the basis of acts of court in the cases provided by a law. The court shall send the court act to the Agency officially.
Applicant
Article 15. (1) Entry, expungement and disclosure shall be applied for by the trader in person or in his name through a person or persons who represent him by law, and in the cases provided by a law - in the name of another person.
(2) In the case of change in the organs or authorized representation the application shall be effected by the newly-elected organ or representative.
Paper Form
Article 16. (1) The applications, acts of court and appeals filed in paper form shall be entered into the information system following conversion into electronic form thereof and the documents attached thereto. The identity of the documents submitted in paper form with those in electronic form shall be certified as "true copies" by an official of the Agency on each page.
(2) Unless proven otherwise an electronic document created in the manner referred to in Paragraph (1) shall be considered a true copy of the document submitted on paper.
(3) The documents referred to in Paragraph (1) submitted by the applicant shall be stored by the Agency at the territorial division according to the initial registration of the trader.
(4) Quotations shall not be made and certificates shall not be issued on the documents referred to in Paragraph (1), except in the cases of dispute in court.
Electronic Form
Article 17. The Agency shall provide the opportunity for acceptance of applications, acts of court, appeals of refusals and sending documents in electronic form, conveyed by electronic means, under the conditions and by the procedure of the Electronic Document and Electronic Signature Act.
Language
Article 18. (1) The application and the attachments thereto shall be submitted in Bulgarian.
(2) The documents referred to in Paragraph (1) may also be presented in any of the official languages of the European Union. In this case the documents shall be presented together with an attested translation in Bulgarian.
(3) In the case of discrepancy between the text of the document and the translation in Bulgarian the translation in Bulgarian shall have advantage. Third persons may refer to the presented text except if the trader does not prove that they had knowledge of the translation in Bulgarian.
Consideration of Applications
Article 19. (1) Application for entry, expungement and disclosure shall be considered by an official on registration in the order of their filing.
(2) The official on the registration shall come out with a pronouncement on the application for entry or expungement until the end of the first work day following acceptance at the latest, except if another time limit for pronouncement is not provided by a law..
(3) The official on the registration shall make a pronouncement on the application for disclosure immediately.
Official on Registration
Article 20. (1) A person holding a university diploma in law, who is licensed to practice law and has practiced law no less than 3 years shall be appointed as official on registration.
(2) The official on registration shall be a civil servant.
(3) The Executive Director of the Registry Agency shall be a person holding a university diploma in law and who has practiced law no less than 5 years.
Scope of Check
Article 21. The official on registration shall check whether:
1. an application for the requested entry, expungement or disclosure has been submitted;
2. the circumstance declared is liable to entry or the act presented is liable to disclosure;
3. the application originated from an authorised person;
4. all documents according to the requirements of a law, respectively the act liable to disclosure, are attached to the application;
5. the existence of the circumstance declared for entry shall be established from the documents submitted under Item 4;
6. a declaration pursuant to Article 13 (5) has been presented;
7. another person does not have rights on the business name and it corresponds to the requirements of Article 7 (2) of the Commerce Act at initial entry or change of business name;
8. the due state fee has been paid.
Entry, Erasure and Disclosure
Article 22. (1) The official on registration shall make an entry or expungement of entry, respectively disclosure of act presented, within the respective time-limit referred to in Article 19 and in case the requirements provided under Article 21 have been met.
(2) Entries and expungements shall be effected by consecutive entry of information concerning the respective circumstance in the Commercial Register.
(3) Disclosure shall be effected by transfer of the content of the act presented to the Commercial Register in a format liable to automated processing.
Standard Identification Code
Article 23. (1) The Agency shall determine a standard identification code, hereinafter referred to as "SIC", mandatory for the persons entered in the Commercial Register.
(2) The standard identification code shall be determined at initial entry of traders and the branches of foreign traders in the Commercial Register and shall remain unchanged until their expungement.
(3) The manner of forming SIC shall be determined by the Ordinance pursuant to Article 31.
(4) In case a SIC is quoted, the state authorities, the organs of local self-government and local administration and the persons commissioned with engaging in public function shall not have the right to require proof of the circumstances entered in the Commercial Register or the presentation of acts disclosed in the Commercial Register.
Refusal
Article 24. (1) The official on registration shall decree a motivated refusal in case any of the requirements provided under Article 21 is lacking the refusal shall be presented to the applicant immediately upon its decreeing by the procedure of the Code of Civil Procedure. (2) Where an applicant has stated in the application desire to be notified by electronic means the refusal shall be sent to the electronic address given thereby. In this case confirmation of reception of the refusal shall not be required.
Appeal
Article 25. (1) A refusal shall be liable to appeal before the district court according to the registered office of the trader or the branch of a foreign trader within seven days of its being served.
(2) The appeal shall be filed through the Agency. The Agency shall immediately send the filed appeal to the court, together with the attachments thereto, the decreed refusal, the application and the attachments thereto.
(3) In case of lack of technological opportunity for the court to receive the documents referred to in Paragraph (2) by electronic means, these shall be reproduced on paper and shall be sent to the court certified by an Agency official.
(4) (Amended, SG No. 59/2007) The court shall consider the appeal in a panel of one judge at a hearing behind closed doors under the procedure of Chapter Twenty One "Appeal of Rulings" of the Code of Civil Procedure. The judgement of the court shall be liable to appeal within seven days of its communication before the respective court of appeal, the decision of which shall be final.
(5) In case of revoked refusal the court shall come out with a judgement whereby it shall give the Agency binding instructions to effect the entry, expungement or disclosure requested.
New Application
Article 26. In the case of refusal or non-performance of the entry, expungement or disclosure requested within the respective time limit referred to in Article 19, the applicant may file another application for entry, respectively expungement, of the same circumstance or for disclosure of the same act. The new application shall be considered by the order of its filing.
Mistakes and Incomplete Entries
Article 27. Mistakes and incomplete entries made upon entry of circumstances, expungement of entries or disclosure of acts, including in case of discrepancy between the data recorded in the application and the data in the attachments thereto, shall be rectified by a new entry, respectively disclosure.
Responsibility for Mistakes and Incomplete Entries
Article 28. The Agency shall be responsible for the damages caused by mistakes and incomplete entries made in the course of transfer of information from the application or act of court to the Commercial Register. Such mistakes and incomplete entries shall be rectified officially.
Defence against Entry
Article 29. (1) Any person with legal interest, as well as a prosecution officer, may file a statement of action for establishment of entry nullity or inadmissibility, as well as for the non-existence of an entered circumstance.
(2) The statement of action shall be filed with the district court according to the registered office of the trader, respectively the branch of the foreign trader, concerning whom the entry has been made.
Erasure of Entry
Article 30. (1) In case the statement of action referred to in Article 29 is approved, expungement of the entry shall be effected by the Agency under the procedure of Article 14 upon the request of the interested party or the prosecution officer.
(2) In case of repeal of a decision of an organ of the trader on the basis of which an entry has been made that entry shall be erased by the procedure referred to in Paragraph (1).
Ordinance
Article 31. (1) The Minister of Justice shall issue an ordinance on keeping, storage and access to the Commercial Register.
(2) The ordinance shall determine the forms of applications, quote comprehensively the attachments thereto for each type of entry, expungement or disclosure according to the requirements of the law, as well as the format of the electronic documents.
Chapter Two "A"
(New, SG No. 104/2007)
REGISTER PROCEDURE FOR ISSUANCE OF CERTIFICATES FOR EUROPEAN COMPANIES,
EUROPEAN ECONOMIC INTEREST GROUPING, EUROPEAN COOPERATIVE SOCIETIES AND
IN THE EVENT OF TRANSFORMATION WITH THE PARTICIPATION OF COMPANIES FROM
EU MEMBER STATES OR FROM OTHER STATES THAT ARE PARTIES TO THE EUROPEAN
ECONOMIC AREA TREATY

Entry and disclosure
Article 31a. (New, SG No. 104/2007) (1) The following shall be entered into the Commercial Register:
1. European companies within the meaning of Council Regulation (EC) No. 2157/2001 on the Statute for a European company (SE), hereinafter referred to as "Regulation (EC) No. 2157/2001", having their registered offices in the Republic of Bulgaria, as well as their subsidiaries;
2. European Cooperative Societies within the meaning of Council Regulation (EC) No. 1435/2003 on the Statute for a European Cooperative Society (SCE), hereinafter referred to as "Regulation (EC) No. 1435/2003", having their registered offices in the Republic of Bulgaria, as well as their subsidiaries;
3. European Economic Interest Grouping within the meaning of Council Regulation (EEC) No. 2137/85 of 25 July 1985 on the European Economic Interest Grouping (EEIG), hereinafter referred to as "Regulation (EEC) No. 2137/85", having their registered offices in the Republic of Bulgaria, and the divisions located in the Republic of Bulgaria of divisions of European Economic Interest Grouping, having their registered offices in another state.
(2) Subject to entry in the Commercial Register shall be the circumstances liable to registration in the event of transformation with the participation of companies from EU Member States or from other states that are parties to the European Economic Area Treaty. The circumstances and any changes thereto concerning the persons referred to in Paragraph 1 and their subsidiaries and divisions shall be entered as well.
(3) Subject to disclosure in the Commercial Register shall be the acts concerning the persons referred to in Paragraph 1 and their subsidiaries and divisions.
Check when incorporating a European company and a European Cooperative
Society, having their registered offices in the Republic of Bulgaria
Article 31b. (New, SG No. 104/2007) (1) When a European company, having its registered office in the Republic of Bulgaria, is incorporated by a merger or fusion, the registry official shall enter the European company after having verified that:
1. the requirements of Regulation (EC) No. 2157/2001 pertaining to its incorporation have been complied with;
2. the companies being transformed and having their registered offices in the Republic of Bulgaria have met the requirements of this Regulation, and
3. the applicable provisions of the Bulgarian legislation regarding the joint stock company have been complied with.
(2) When entering the incorporation circumstances of a European Cooperative Society, having its registered office in the Republic of Bulgaria, the registry official shall check whether the merging cooperations, having their registered offices in the Republic of Bulgaria, have observed the requirements of Regulation (EC) No. 1435/2003.
Certificates of Legality regarding a European company and European
Cooperative Society
Article 31c. (New, SG No. 104/2007) (1) When a European company, having its registered office in another Member State, is incorporated by a merger or fusion, the registry official shall issue a Certificate under Article 25, Paragraph 2 of Regulation (EC) No. 2157/2001, concerning the legality of the merger or fusion pertaining to the company being transformed and having its registered office in the Republic of Bulgaria and shall disclose it ex officio.
(2) When a European company, having its registered office in the Republic of Bulgaria, relocates to another Member State, the registry official shall issue a Certificate under Article 8, Paragraph 8 of Regulation (EC) No. 2157/2001 concerning the legality of the actions related to the relocation of the registered office and shall disclose it ex officio.
(3) When a European Cooperative Society is incorporated by a merger or fusion, the registry official shall issue a Certificate under Article 29, Paragraph 2 of Regulation (EC) No. 1435/2003, concerning the legality of the merger pertaining to the cooperation being merged and having its registered office in the Republic of Bulgaria and shall disclose it ex officio.
(4) When a European Cooperative Society, having its registered office in the Republic of Bulgaria, relocates to another Member State, the registry official shall issue a Certificate under Article 7, Paragraph 8 of Regulation (EC) No. 1435/2003 concerning the legality of the actions related to the relocation of the registered office and shall disclose it ex officio.
(5) When a Certificate is issued under Paragraphs 1 - 4, the registry official shall check ex officio whether the company or cooperation, having their registered offices in the Republic of Bulgaria, owns land.
Certificate of Legality in the event of company transformation
Article 31d. (New, SG No. 104/2007) (1) When the provisions of Chapter 16, Section V of the Commerce Act, as well as all legal provisions with respect to making a decision to transform a company have been complied with, the registry official shall issue the requested Certificate not earlier than 14 days after the respective request was filed and shall disclose it ex officio. The registry official shall check ex officio whether the company being transformed, having its registered office in the Republic of Bulgaria, owns land.
(2) Lodging a claim for cash settlement by a partner or shareholder under Article 263q of the Commerce Act or submitting a participation termination notice under Article 263r of the Commerce Act shall not be considered an obstacle preventing the issuance of a Certificate referred to in Paragraph 1, but the registry official shall note in the Certificate the respective circumstances thereto.
Refusal to issue a certificate
Article 31e. (New, SG No. 104/2007) In the event of refusal to issue a certificate under Art. 31c or 31d, Art. 25 shall apply. The refusal having entered into force shall be disclosed.
Notification
Article 31f. (New, SG No. 104/2007) (1) Within one month upon entering a European company or a European Economic Interest Grouping, the Registry Agency shall, ex officio, send a notification to be published in the Official Journal of the European Union containing data about the name, number, date and place of registration, the registered office and subject of operation of the European company and the European Economic Interest Grouping respectively. Such a notification shall be sent when a European company or a European Economic Interest Grouping are to be expunged from the Commercial Register.
(2) Immediately upon entering a transformation under Article 265m of the Commerce Act, the Registry Agency shall notify the registry offices where the companies being transformed, with registered offices in another Member State, have been entered.
Chapter Three
PUBLICITY

Quotations
Article 32. (1) Anyone shall be entitled to request a quotation as regards the existence or lack of an entered circumstance or disclosed act in the Commercial Register.
(2) References in the Commercial Register may be made by:
1. the name, respectively business name, or SIC of the trader or branch of a foreign trader;
2. the name, respectively business name, or SIC of the partner or sole owner of capital;
3. the name, respectively business name, or SIC of a member of the organs of the legal person - trader.
(3) References on any circumstance entered or disclosed act may be made in the file of the separate trader, respectively branch of foreign trader, and of the authorizing parties and legal successors thereof.
Content of References and Certificates
Article 33. (1) References and certificates may contain a quotation from the Commercial Register or copies of the documents on the basis of which the entries, expungements or disclosures have been made.
(2) Certificates shall also be issued regarding the fact that a certain circumstance for a certain trader or branch of foreign trader has not been entered.
(3) References shall be verbal and written.
(4) The certificates shall be official documents.
References and Issuance of Certificates
Article 34. (1) References shall be made and certificates shall be issued immediately at any territorial division of the Agency.
(2) The Agency shall provide the opportunity for making references through distant access, as well as the issuance of written references and certificates in electronic form, as well as their transmission by electronic means.
Chapter Four
BUSINESS NAME RESERVATION

Business Name Reservation
Article 35. (1) Any person may reserve a business name before filing an application for entry.
(2) The reservation shall be made on the basis of an application by form from the interested party by immediate entry into the Commercial Register by the order of filing of the application.
(3) On each application a check shall be made whether another person does not have rights on the business name and whether the state fee due has been paid.
Validity
Article 36. The reservation shall be valid for two months and shall be an obstacle for another trader to be entered in the Commercial Register under the same business name.
Prohibition of Transfer
Article 37. The business name reserved shall be inalienable and untransferable.
Chapter Five
FINANCING OF COMMERCIAL REGISTER

Principle of Self-Financing
Article 38. (1) The financing of the activities on keeping, storage and development of the Commercial Register shall be provided from the fees under this Act, as well as by funds from national, regional and international programmes and projects, as well as international agreements.
(2) The revenue from fees pursuant to this Act shall be used solely to finance the keeping, storage and development of the Commercial Register.
(3) Where the funds referred to in Paragraph (1) are insufficient to finance the activities on keeping and storage of the Commercial Register the requisite funds shall be supplied through a subsidy from the budget of the Ministry of Justice.
(4) Where revenue from fees pursuant to this Act exceeds the costs on financing the activities on keeping and storage of the Commercial Register this shall serve as grounds for reducing the amount of the fees for the next financial year.
Register Development
Article 39. (1) Twenty-five per cent of the fees collected pursuant to this Act, as well as 25 per cent of the of the collected fines and pecuniary sanctions imposed for violations pursuant to this Act, shall be spent for development of the material base, raising the qualification of staff and incentives for the Agency employees under conditions and by a procedure established by an ordinance of the Minister of Justice.
(2) The funds for incentives to staff may not exceed 25 per cent of the annual amount of the funds for salaries.
Chapter Six
ADMINISTRATIVE PENAL PROVISIONS

Offences and Fines
Article 40. (1) A person that is obligated but does not declare entry of a circumstance pursuant to Article 4 or does not submit an act pursuant to Article 5 within the time limit provided by the law shall be sanctioned with a fine of BGN 500 to BGN 1,000.
(2) (Amended, SG No. 105/2006) A person who fails to fulfil its obligation under Article 6, paragraph 3 shall be sanctioned by fine of BGN 1,500 to BGN 3,000.
(3) In case after being sanctioned with a fine the obligated person does not apply for entry or does not submit the acts within the time limit set that person shall be sanctioned with the fines referred to in Paragraphs (1) and (2) every month until the actions are effected.
(4) The fines referred to in Paragraphs (1) and (3) shall also be imposed on an Agency official who, being obligated, fails to effect the necessary entry, expungement or disclosure in the Commercial Register, or else does not decree a refusal.
(5) For violations of Article 23 (4) the offending officials shall be sanctioned with a fine from BGN 100 to BGN 500.
Establishment of Infractions and Imposition of Fines
Article 41. (1) The infractions shall be established by memoranda of ascertainment compiled by officials appointed by the Executive Director of the Agency and the penalty decrees shall be issued by the Executive Director of the Agency or by officials authorised thereby.
(2) Establishment of infractions, the issuance, appeal and execution of penalty decrees shall follow the procedure of the Administrative Violations and Sanctions Act.
SUPPLEMENTARY PROVISION
§ 1. For the purposes of this Act "electronic means" shall mean the transmission of data in digital form by means of electronic equipment for the processing, including digital compression, and storage of data, the transmission being effected by wire, by radio, by optical means or by other electromagnetic means.
TRANSITIONAL AND FINAL PROVISIONS
§ 2. (Effective 25.04.2006) (1) By July 1, 2006, at latest the Council of Ministers and the regional governors shall provide the Agency with buildings or premises for the needs of the registers it keeps.
(2) Prior to the provision of the buildings referred to in Paragraph (1) the Supreme Judicial Council shall place at the disposal of the Agency the premises at district courts intended for the registers they keep.
§ 3. (Effective 25.04.2006) (1) Within one month following the promulgation of this Act shall provide gratuitously to the Agency structured data in electronic form about the traders and branches of traders, as well as the data about reserved business names, entered in the registers of commercial corporations and registers of cooperatives.
(2) Within the time limit referred to in Paragraph (1) the Supreme Judicial Council and the Minister of Finance shall organize the gratuitous provision by the district courts to the Agency of constant and unlimited access for exchange of information by electronic means to the information systems hitherto used by the courts about the traders and branches of traders, as well as the data about reserved business names, entered in the registers of commercial corporations and registers of cooperatives.
(3) The manner of effecting the exchange of information referred to in Paragraph (2) shall be resolved by a joint act of the Minister of Justice and the Minister of Finance, issued within the time limit referred to in Paragraph (1).
(4) Within the time limit referred to in Paragraph (1) the Supreme Judicial Council, by a motion of the district courts, shall provide the Agency with a list of court officials holding the post of "district court clerk" who have to transfer to the Agency. Employment relations between these officials and the Agency shall be established under the procedure of Article 123 of the Labour Code as of the enforcement of this Act.
§ 4. (1) Traders and branches of foreign traders entered in the register of commercial corporations and the register of companies with district courts shall be obligated to re-register under this Act within three years of the enforcement thereof. State fee for re-registrations shall not be charged.
(2) The re-registration referred to in Paragraph (1) shall be effected by entry into the Commercial Register of the trader or the branch of the foreign trader, as well as the respective circumstances thereof, on the basis of an application by the trader, respectively the manager of the branch of foreign trader, as well as a certificate reflecting the current status resulting from all changes on the record previously, wherein the court shall quote the trader, respectively branch of foreign trader, BULSTAT code. Companies and cooperatives shall also present an instrument of constitution or statutes as amended to date and certified by their organ of management.
(3) The court on registration shall issue the certificates referred to in Paragraph (2) within three days after these have been requested. A state fee for the certificates shall not be charged.
(4) After submission of the certificate referred to in Paragraph (2) to the trader, respectively the branch of the foreign trader, the court shall immediately provide the Agency access for conversion into electronic form of the entire company case on record. The conversion to electronic form shall be effected jointly by an official of the court and a representative of the Agency. After the processing and entry by the Agency of an electronic copy of the company case in the Commercial Register the court shall archive the company case.
(5) Within the time limit referred to in Paragraph (1) quotations and certificates from the documents on the basis of which the entries, expungements or disclosures have been made of re-registered traders, respectively branches of foreign traders, prior to the re-registration shall be issued by the Agency within 14 days following request.
(6) In the case of coincidence of the business names of two or more traders, established at application for re-registration, the agency shall send notification thereof to all traders whose business names coincide, providing the trader who has applied for re-registration with two months to declare change of business name. in case of non-declaration of change of business name the Agency shall re-register the trader according to the certificate referred to in Paragraph (2), mandatorily adding to the business name the nucleated settlement of the district court by registration. Prior to the expiry of the time limit referred to in Paragraph (1) coincidence of business names and addresses of the place of management of traders shall be established from the data pursuant to § 3.
(7) An application for entry of new circumstance, expungement or disclosure may be filed simultaneously with the application for re-registration.
(8) (Amended, SG No. 105/2006) Upon presentation for disclosure in the Commercial Register of the acts referred to in Articles 6, paragraph 3, traders shall also present the respective acts for the years 2004 and 2005.
(9) Upon re-registration traders and branches of foreign traders shall be excluded from the BULSTAT register and the BULSTAT code shall become SIC of the trader.
§ 5. (1) With the expiry of the time limit pursuant to § 4 (1) the court shall issue an official certificate pursuant to § 4 (2) to sole traders and branches of foreign traders who have not re-registered and shall send them to the Agency under the procedure of Article 14. The Agency shall make ex officio entry into the Commercial Register of the sole traders and branches of foreign traders who have not re-registered and shall expunge, respectively close, these immediately.
(2) With the expiry of the time limit pursuant to § 4 (1) the court shall issue an official certificate pursuant to § 4 (2) to the commercial corporations and the cooperatives that have not re-registered, shall send them to the Agency under the procedure of Article 14 and shall provide the Agency access for conversion into electronic form of the company cases pursuant to § 4 (4). Following the conversion and the entry by the Agency of an electronic copy of the company case in the Commercial Register the court shall archive the company case. The Agency shall enter ex officio the trader and the dissolution thereof, shall appoint a liquidator, determine the remuneration thereof and the term of liquidation.
(3) A partner of unlimited liability in the case of personal companies or a member of the management organ in the case of capital companies or cooperatives shall be appointed as liquidators of traders dissolved pursuant to Paragraph (2). If such persons cannot be found within six months following the dissolution of the trader, the Agency shall appoint ex officio a liquidator from a list of liquidators with it.
(4) The costs for the procedure on liquidation shall be at the expense of the trader. The members of management organs shall be held solidarily and unlimitedly liable for the obligations of the trader related to the procedure on liquidation.
(5) Where a liquidator is appointed under the procedure of Paragraph (3), sentence two, and the property of the trader is insufficient to cover to costs on liquidation, these shall be covered by the Agency on account of the fees collected pursuant to Article 12. Ex officio appointed liquidators shall wind up the procedure within six months of their appointment.
§ 6. Register procedures begun prior to the enforcement of this Act shall be completed by the court by the previously existent procedure.
§ 7. The following amendments shall be made to the Cooperatives Act (promulgated, SG No. 113/1999; amended, No. 92/2000, No. 98/2001, No. 13/2003, Nos. 102 and 105/2005):
1. In Article 3:
a) In Paragraph (1) the text before Item 1 shall be amended as follows:
"(1) The cooperative shall be entered into the Commercial Register upon application of the management board, to which the following shall be attached";
b) In Paragraph (3) the words "the court shall enter the cooperative or the changes referred to in Article 37 (1) after it is presented with" shall be substituted for "the new cooperative or the changes referred to in Article 37 (1) shall be entered into the Commercial Register following presentation".
2. Article 4 shall be amended as follows:
"Formation
Article 4. The cooperative shall be formed from the day of entry into the Commercial Register."
3. Article 41 (2) shall be amended as follows:
"(2) In the cases of Article 40, Item 2 of Paragraph (1) the Registry Agency shall appoint a liquidator, determine the term of liquidation and the remuneration of the liquidator."
4. In Article 42:
a) in Paragraph (1) the words "the court register and shall be promulgated in the State Gazette" shall be substituted for "the Commercial Register";
b) in Paragraph (2) the word "day" shall be substituted for "moment".
5. In Article 44 (1) the word "promulgation" shall be substituted for "entry into the Commercial Register".
6. In Article 47:
a) Paragraph (2) shall be repealed;
b) Paragraph (3) shall be amended as follows:
"(3) The liquidators shall be obligated within seven days following the passage of the decision referred to in Paragraph (1) to request entry thereof into the Commercial Register."
7. In sentence three of Article 49 the words "court register" shall be substituted for "Commercial Register".
§ 8. The following amendments and supplements shall be made to the BULSTAT Register Act (promulgated, SG No. 39/2005; amended, No. 105/2005):
1. In Article 3 (1):
a) "that are not traders" shall be added at the end of Item 1;
b) Item 2 shall be repealed;
c) "that are not traders" shall be added at the end of Item 3;
d) Item 8 shall be amended as follows:
"8. the branches and divisions of the persons under items 1, 5 and 7, as well as the branches of traders entered into the Commercial Register;".
2. In Article 6 (2) the words "or the sole trader" shall be erased.
3. In Article 13 the words "besides their registration as sole traders" shall be erased.
4. In Article 19, Item 2 of Paragraph (2) the words "or the sole trader" shall be erased.
5. In Article 27 (1) the words "sole traders, commercial companies and other legal persons" shall be substituted for "the legal persons other than traders".
6. In Article 44, Article 45 (1), Articles 46, 47 and 48 the words "and sole traders" shall be erased..
§ 9. The following amendments and supplements shall be made to the Code of Civil Procedure (promulgated, Transactions of the Presidium of the National Assembly [TPNA], No. 12/1952; amended, TPNA No. 92/1952, No. 89/1953, No. 90/1955, No. 90/1956, No. 90/1958, Nos. 50 and 90/1961; corrected, No. 99/1961; amended, SG, No. 1/1963, No. 23/1968, No. 27/1973, No. 89/1976, No. 36/1979, No. 28/1983, No. 41/1985, No. 27/1986, No. 55/1987, No. 60/1988, Nos. 31 and 38/1989, No. 31/1990, No. 62/1991, No. 55/1992, Nos. 61 and 93/1993, No. 87/1995, Nos. 12, 26, 37, 44 and 104/1996, Nos. 43, 55 and 124/1997, Nos. 21, 59, 70 and 73/1998, Nos. 64 and 103/1999, Nos. 36, 85 and 92/2000, No. 25/2001, 105 and 113/2002, Nos. 58 and 84/2003, Nos. 28 and 36/2004, Nos. 38, 42, 43, 79, 86, 99 and 105/2005):
1. In Art. 398b:
a) in Paragraph (1), sentence one, the words "to the District Court at company registration" shall be substituted for "for entry into the Commercial Register" and in sentence three the words "The court of registration" shall be substituted for "The Registry Agency";
b) in Paragraph (2):
aa) in sentence four the words "record this of its own motion in the commercial register and then will appoint a liquidator who shall wind up the same company" shall be substituted for "send the decision of the Registry Agency for entry into the Commercial Register";
bb) sentence five shall be created: "Liquidation by a liquidator appointed by the official on registration with the Registry Agency shall follow entry.";
c) in Paragraph (3):
aa) in sentence four the words "record this of its own motion in the commercial register and then will appoint a liquidator who shall wind up the same company" shall be substituted for "send the decision of the Registry Agency for entry into the Commercial Register";
bb) sentence five shall be created: "Liquidation by a liquidator appointed by the official on registration with the Registry Agency shall follow entry."
2. In the title of Chapter Fifty-Two the words "and sole traders" shall be erased.
3. In Article 489 (1) the words "the restoration of cooperatives, as well as the registration and deletion of sole traders" shall be substituted for "that are not traders".
4. In Article 490 (1):
a) in Littera "a" the words " or a sole trader's firm" shall be erased;
b) in Littera "b" the words " or a sole trader's firm" shall be erased.
5. In Article 491 the words "or a sole trader's firm" shall be erased;.
6. In Article 491a:
a) in Paragraph (1) throughout the word "commercial" shall be substituted for "respective" and the word "trader" shall be substituted for "legal person";
b) in Paragraph (2) throughout the word "commercial" shall be substituted for "respective" and the word "company" shall be substituted for "legal person".
7. In Article 494 Littera "c" shall be revoked.
8. In Article 495:
a) in Littera "b" of Paragraph (1) the words " or the sole trader's firm" shall be erased;
b) in Paragraph (2) the words " or the sole trader's firm" shall be erased;
c) in Paragraph (3) the words "or sole trader" shall be erased and the words "who do not have" shall be substituted for "that does not have".
§ 10. The following amendments and supplements shall be made to the Tax and Social Insurance Procedure Code (SG, No. 105/2005):
1. In Article 28 (1):
a) Item 1 shall be amended as follows:
"1. The permanent residence address - for natural persons, if no other address has been specified in writing, for persons entered in the BULSTAT register - the address for correspondence entered in the BULSTAT register, and for sole traders - the address of the place of management;";
b) "respectively if another address of the place of management is not entered in the commercial registered" shall be added at the end of Item 2.
2. Paragraph (1) in Article 77 shall be amended as follows:
"(1) In cases of expungement of a sole trader from the commercial register, or of termination of a legal person that is a trader, as well as of transfer of an enterprise under Article 15 of the Commercial Act or of transformation in pursuance to Chapter 16 of the Commerce Act, the territorial directorate of the National Revenue Agency according to the registered office of trader shall be notified no later than seven days before the request for entering the relevant circumstance is submitted to court. The territorial directorate of the National Revenue Agency shall issue the trader a certificate of the notification and shall send ex officio to the Registry Agency a notice of the existence or non-existence of dues on taxes and mandatory insurance contributions under the conditions and by the procedure of Article 87 (6). The certificate and the notification shall not include obligations that are secured under the procedure of this Act. The certificate pursuant to sentence two shall be attached to the application for entry."
3. Article 81, Item 3 of Paragraph (1) shall be amended as follows:
"3. The standard identification code determined by the Registry Agency, or the standard identification code under BULSTAT, respectively the personal identity number, or the personal number of a foreign natural person;".
4. Paragraphs (2), (3) and (4) of Article 82 shall be amended as follows:
"(2) Data about local and foreign natural persons, with the exception of persons under Article 80 (2), as well as persons entered into the Commercial Register and the persons subject to registration in the BULSTAT Register, shall be entered in the register at the relevant territorial directorate on the basis of the first return filed in relation to taxation or mandatory social insurance contributions.
(3) The data under Art. 81 (1) for the persons entered in the Commercial Register and for the persons entered in the BULSTAT Register shall be recorded ex officio by the relevant competent territorial directorate on the basis of the information in the Commercial Register, respectively the BULSTAT register.
(4) Apart from the data subject to entry in the Commercial Register, respectively the BULSTAT Register, ex officio entry of data in the register shall be effected by a record of proceedings pursuant to Article 50 on the basis of entries in other official (public) registers, or on the basis of findings of a revenue authority following a check. In this case, if the person does not have a personal identity number or a personal number of a foreign natural person, said person shall be allocated an official number."
5. Paragraphs (1) and (2) of Article 84 shall be amended as follows:
"(1) The identification of registered persons shall be carried out on the basis of data under Article 81, Items 2 through 4 of Paragraph (1) where for persons entered in the BULSTAT register it shall be carried out on the basis of their BULSTAT standard identification code, while sole traders shall be identified through a standard identification code issued by the Registry Agency, respectively the personal number of a foreign person, as well as through their BULSTAT standard identification code.
(2) The identification of natural persons who are not entered in the Commercial Register, respectively in the BULSTAT register, shall be carried out on the basis of their personal identity number or personal number of a foreign person."
6. In Article 248 (9) sentence one shall be amended as follows: "The auction number and price of the item, price and the number of the participant proposing the highest price, for natural persons - name and personal identity number and for traders -name and standard identification code issued by the Registry Agency, and for the persons entered in BULSTAT register - plus standard identification code under BULSTAT shall be noted in the minutes, along with the information about the authorised representative, as the case may be."
7. Article 251, Item 1 of Paragraph (3) shall be amended as follows:
"1. information about the bidder: name, personal identity number (business name, standard identification code determined by the Registry Agency, standard identification code under BULSTAT), and address;".
8. § 2a shall be created in the SUPPLEMENTARY PROVISIONS:
"§ 2a. The branches of commercial corporations and divisions may continue to report as insuring parties separately from the company and from its other branches and divisions, identifying themselves with their standard identification code under BULSTAT in pursuance to Article 6 (2) of the BULSTAT Register Act."
§ 11. The following amendments shall be made to the Social Insurance Code (promulgated, SG, No. 110/1999, No. 55/2000 - Constitutional Court Judgement No. 5/2000; amended, No. 64/2000, Nos. 1, 35 and 41/2001, Nos. 1, 10, 45, 74, 112, 119 and 120/2002, Nos. 8, 42, 67, 95, 112 and 114/2003, Nos. 12, 38, 52, 53, 69, 70, 112 and 115/2004, Nos. 38, 39, 76, 102, 103, 104 and 105/2005, No. 17/2006):
1. In Article 7 (6) the words "by BULSTAT register" shall be erased.
2. In Article 110 (4) the word "court" shall be substituted for "commercial".
3. In Article 112 the words "the identification code under BULSTAT" shall be substituted for "the standard identification code" and the words "in the BULSTAT register" shall be erased.
4. In Article 122a, Item 8 of Paragraph (1) the word "Bulstat" shall be substituted for "standard identification code".
5. In Article 122d:
a) in Paragraph (1) the words "The district court by registered office of the pension insurance company" shall be substituted for "The Registry Agency";
b) in Paragraph (2) the words "the judgement of the court" shall be substituted for "the certificate".
6. In Article 122h the words "the court that has effected the court registration" shall be substituted for "the Registry Agency".
7. In Article 145, Item 9 of Paragraph (1) the words "certificate reflecting the current court record status" shall be substituted for "certificate reflecting current status of entry in the commercial register".
8. In Article 150, Item 4 of Paragraph (1) the words "certificate reflecting the current court record status" shall be substituted for "certificate reflecting current status of entry in the commercial register".
9. In Article 169a (2) the word "court" shall be substituted for "commercial" and the words "the code under BULSTAT" shall be substituted for "the standard identification code".
10. In Article 218, Item 9 of Paragraph (1) the words "certificate reflecting the current court record status" shall be substituted for "certificate reflecting current status of entry in the commercial register"..
11. In Article 221, Item 3 of Paragraph (3) the words "certificate reflecting the current court record status" shall be substituted for "certificate reflecting current status of entry in the commercial register"..
12. In Article 237, Item 1 after the words "pension licence and" the word "court" shall be substituted for "commercial" and after the words "pension insurance" the words "code under BULSTAT" shall be substituted for "standard identification code".
13. Article 269, Item 8 of Paragraph (1) shall be amended as follows:
"8. certificate reflecting the current status of entry of insurance company in the Commercial Register."
14. In Article 272, Item 3 of Paragraph (3) the words "certificate reflective current status in court register" shall be substituted for "certificate reflecting current status of entry in the Commercial Register".
15. In Item 1 of Article 305 after the words "the licence and" the word "court" shall be substituted for "commercial" and after the words "qualification and" the words "code under BULSTAT" shall be substituted for "standard identification code".
§ 12. The following amendments shall be made to the Human Medicinal Drugs and Pharmacies Act (promulgated, SG No 36/1995, modified by Constitutional Court Judgement No. 10/1996 - SG No. 61/1996; amended, No. 38/1998, No. 30/1999, No. 10/2000, No. 37/2000 - modified by Constitutional Court Judgement No. 3/ 2000; amended, No. 59/2000, No. 78/2000 - modified by Constitutional Court Judgement No. 7/2000; amended, No. 41/2001, Nos. 107 and 120/2002; corrected, No. 2/2003; amended, Nos. 56, 71 and 112/2003, Nos. 70 and 111/2004, Nos. 37, 76, 85, 87, 99 and 105/2005):
1. Article 11, Item 2 of Paragraph (3) shall be amended as follows:
"2. "certificate reflecting current status of entry in the Commercial Register;".
2. In Item 3 of Article 56 the words "copy of court judgement or certificate attesting to registration in court register" shall be substituted for "certificate reflecting current status of entry in the Commercial Register ".
3. In Article 74:
a) Item 7 of Paragraph (1) shall be amended as follows:
"7. "certificate reflecting current status of entry in the Commercial Register, in case of trader.";
b) in Paragraph (6):
aa) in Item 3 the word "court" shall be erased;
bb) Item 4 shall be repealed.
4. Article 81d, Item 1 of Paragraph (2) shall be amended as follows:
"1. "certificate reflecting current status of entry in the Commercial Register;".
§ 13. The following amendments shall be made to the Agricultural Producers Support Act (promulgated, SG, No. 58/1998; amended, Nos. 79 and 153/1998, Nos. 12, 26, 86 and 113/1999, No. 24/2000, Nos. 34 and 41/2001, Nos. 46 and 96/2002, No. 18/2004, Nos. 14 and 105/2005, No. 18/2006):
1. In Article 7g (3):
a) Item 1 shall be amended as follows:
"1. certificate reflecting current status of entry of applicant in the Commercial Register, issued within one month prior to filing the application;";
b) Item 3 shall be repealed.
2. Article 10c, Item 1 of Paragraph (2) shall be amended as follows:
"1. "certificate reflecting current status of entry in the Commercial Register;".
§ 14. The following amendments shall be made to the Corporate Income Tax Act (promulgated, SG, No. 115/1997; corrected, No. 19/1998; amended, Nos. 21 and 153/1998, Nos. 12, 50, 51, 64, 81, 103, 110 and 111/1999, Nos. 105 and 108/2000, Nos. 34 and 110/2001, Nos. 45, 61, 62 and 119/2002, Nos. 42 and 109/2003, Nos. 18, 53 and 107/2004, Nos. 39, 88, 91, 102, 103 and 105/2005) in Article 41 (1) the word "court" shall be substituted for "Commercial Register".
§ 15. The following amendments shall be made to the Act on Factory and Office Workers' Claims Guaranteed in the Event of Their Employer's Bankruptcy (promulgated, SG, No. 37/2004; amended, Nos. 104 and 105/2005):
1. In Article 4, Item 1 of Paragraph (1) the word "promulgated" shall be substituted for "entry".
2. In Article 6 the words "promulgated in the State Gazette" shall be substituted for "entry in the Commercial Register".
3. In Article 23 (4) the word "promulgated" shall be substituted for "entry".
4. In Article 25 the word "promulgated" shall be substituted for "entry".
§ 16. The following amendments shall be made to Article 20 (1) of the Film Industry Act (promulgated, SG, No. 105/2003; amended, Nos. 28, 94 and 105/2005):
1. Item 1 shall be amended as follows:
"1. "certificate reflecting current status of entry in the Commercial Register;".
2. Items 2 and 3 shall be repealed.
§ 17. The following amendments shall be made to the Tourism Act (promulgated, SG, No. 56/2002; amended, Nos. 119 and 120/2002, No. 39/2004, Nos. 28, 39, 94, 99 and 105/2005):
1. In Paragraph 1 of Article 18:
a) in the text before Item 1 the words "code under BULSTAT" shall be substituted for ""standard identification code";
b) In Item 1 the words "certificate reflective current status in court register" shall be substituted for "certificate reflecting current status of entry in the Commercial Register".
2. Article 21, Item 5 of Paragraph (1) shall be amended as follows:
"5. standard identification code;".
3. In Article 50, Item 1 of Paragraph (3) the words "certificate reflective current status in court register" shall be substituted for "certificate reflecting current status of entry in the Commercial Register".
4. In Article 50b, Item 1 of Paragraph (1) the words "certificate reflective current status in court register" shall be substituted for "certificate reflecting current status of entry in the Commercial Register".
5. In Article 50c, Item 1 of Paragraph (1) the words "certificate reflective current status in court register" shall be substituted for "certificate reflecting current status of entry in the Commercial Register".
6. In Article 50d, Item 1 of Paragraph (1) the words "certificate reflective current status in court register" shall be substituted for "certificate reflecting current status of entry in the Commercial Register".
7. In Article 61 (1):
a) Littera "e" in Item 1 shall be amended as follows:
"e) standard identification code;";
b) in Littera "h" and Littera "i" in Item 2 the words "code under BULSTAT" shall be substituted for "standard identification code";
c) In Littera "f" of Item 3 the words "code under BULSTAT" shall be substituted for "standard identification code".
§ 18. The following amendments and supplements shall be made to the Agricultural and Forestry Machines and Equipment Registration and Control Act (promulgated, SG, No. 79/1998; amended, No. 22/2003, Nos. 74 and 88/2005:
1. Article 9, Item 1 of Paragraph (3) shall be amended as follows:
"1. certificate reflecting current status of entry in the Commercial Register;".
2. In Article 11:
a) "respectively commercial" shall be added in Paragraph (1) after the word "court";
b) In Paragraph (4):
aa) in Item 6 the words "or the sole trader " shall be substituted for "when said person is not trader, respectively certificate reflecting current status of entry in the Commercial Register - for traders ";
bb) Item 7 shall be repealed;
c) "respectively commercial" shall be added in Item 1 of Paragraph (5) after the word "court".
§ 19. The following amendments shall be made to the Radio and Television Act (promulgated, SG, No. 138/1998, corrected by Constitutional Court Judgement No. 10/1999 in No. 60/1999; amended, No. 81/1999, No. 79/2000, No. 96/2001, Nos. 77 and 120/2002, Nos. 99 and 114/2003, Nos. 99 and 115/2004, Nos. 88, 93 and 105/2005, No. 21/2006) in Article 111 (2) the word "court" shall be substituted for "commercial".
§ 20. The following amendments shall be made to Article 6, Item 1 of Paragraph (3) of the Act on Protection of Public Order upon Conduct of Sports Events (promulgated, SG, No. 96/2004; amended, Nos. 103 and 105/2005):
"1. registered office and address of the place of management, standard identification code for traders, respectively identification code under BULSTAT;".
§ 21. The following amendments and supplement shall be made to Article 11 of the Financial Support for Culture Act (SG, No. 103/2005):
1. In Paragraph (4) the words "certified copies of the documents referred to in Items 1, 2, 4 and 5 of Paragraph (3)" shall be substituted for "certificate reflecting current status of commercial registration and certificate of tax registration ".
2. In Paragraph (5):
a) In Item 1 "for the persons referred to in Article 9 (2)" shall be added after "court registration" and "for the persons referred to in Article 9 (2) and standard identification code for traders" shall be added after "under BULSTAT register";
b) in Item 2 "respectively under commercial" shall be added after the word "court".
§ 22. The following amendments shall be made to the Medical Treatment Facilities Act (promulgated, SG, No. 62/1999; amended, Nos. 88 and 113/1999; corrected, No. 114/1999; amended, Nos. 36, 65 and 108/2000, corrected by Constitutional Court Judgement No. 11/2001 in No. 51/2001; amended, Nos. 28 and 62/2002, Nos. 83, 102 and 114/2003, No. 70/2004, Nos. 46, 76, 85, 88 and 105/2005):
1. In Article 36 (4) the word "Court" and be substituted for "Commercial".
2. In Article 36a (3) the word "Court" and be substituted for "Commercial".
3. In Article 37 (6) the word "court" and be substituted for "commercial".
4. Article 40, Item 1 of Paragraph (1) shall be amended as follows:
"1. certificate reflecting current status of commercial registration;".
5. In Article 41, Item 3 of Paragraph (1) the words "number and year of court registration, number of company case" shall be erased.
6. Item 1 in Article 47 shall be amended as follows:
"1. certificate reflecting current status of commercial registration;".
7. Article 49, Item 2 of Paragraph (1) shall be amended as follows:
"2. data about medical establishment - name, registered office, capital, standard identification code;".
8. Article 51a, Item 1 of Paragraph (2) shall be amended as follows:
"1. certificate reflecting current status of commercial registration;".
§ 23. The following amendments shall be made to the Telecommunications Act (promulgated, SG, No. 88/2003; amended, Nos. 19, 77, 88, 95, 99 and 105/2005, No. 17/2006):
1. In Article 88 (1) the words "certificate reflecting current status of court registration, copy of certificate of registration under BULSTAT" shall be substituted for "certificate reflecting current status of commercial registration".
2. In Item 1 of Article 148 the words "court registration" shall be substituted for "registration in the Commercial Register".
§ 24. The following amendments shall be made to the Physical Education and Sports Act (promulgated, SG, No. 58/1996, corrected by Constitutional Court Judgement No. 8/1997 in No. 53/1997; amended, No. 124/1998, Nos. 51 and 81/1999, No. 53/2000; corrected, No. 55/2000; amended, No. 64/2000, No. 75/2002, corrected by Constitutional Court Judgement No. 6/2002 in No. 95/2002; amended, No. 120/2002, No. 96/2004, Nos. 88 and 103/2005) in Article 51a (5) "respectively commercial" shall be added after the word "court".
§ 25. The following amendments shall be made to Article 167, Item 1 of Paragraph (2) in the Spatial Development Act (promulgated, SG, No. 1/2001; amended, Nos. 41 and 111/2001, No. 43/2002, Nos. 20, 65 and 107/2003, Nos. 36 and 65/2004, Nos. 28, 76, 77, 88, 94, 95, 103 and 105/2005):
"1. certificate reflecting current status of commercial registration;".
§ 26. The following amendments shall be made to the Tobacco and Tobacco Products Act (promulgated, SG, No. 101/1993; amended, No. 19/1994, No. 110/1996, No. 153/1998, No. 113/1999, Nos. 33 and 102/2000, No. 110/2001, No. 20/2003, Nos. 57 and 70/2004, Nos. 91, 95, 99 and 105/2005, No. 18/2006):
1. Article 37, Item 1 of Paragraph (1) shall be amended as follows:
"1. certificate reflecting current status of commercial registration;".
2. In Attachment No. 1 to Article 6 and in Attachment No. 3 to Article 37 (1) throughout the word "BULSTAT" shall be substituted for "standard identification code".
§ 27. The following amendments shall be made to the Grain Storage and Grain Trade Act (promulgated, SG, No. 93/1998; amended, No. 101/2000, Nos. 9 and 58/2003, Nos. 69 and 105/2005):
1. In Article 11a (2):
a) Item 1 shall be amended as follows:
"1. certificate reflecting current status of commercial registration;";
b) Item 2 shall be repealed.
2. In Article 24 (4):
a) Item 1 shall be amended as follows:
"1. certificate reflecting current status of commercial registration;";
b) Item 2 shall be repealed.
§ 28. The following amendments shall be made to the Postal Services Act (promulgated, SG, No. 64/2000; amended, No. 112/2001, Nos. 45 and 76/2002, No. 26/2003, Nos. 19, 88, 99 and 105/2005, No. 17/2006):
1. In Article 43 (2):
a) Item 1 shall be amended as follows:
"1. certificate reflecting current status of commercial registration;";
b) Items 2 and 3 shall be repealed.
2. In Article 59:
a) in Item 1 of Paragraph (1) the words "registration under BULSTAT" shall be substituted for "the standard identification code";
b) in Paragraph (2):
aa) Item 1 shall be amended as follows:
"1. certificate reflecting current status of commercial registration;";
bb) Item 2 shall be repealed.
§ 29. The following amendments shall be made to the Small and Medium-Sized Enterprises Act (promulgated, SG, No. 84/1999; amended, Nos. 80 and 92/2000, No. 42/2001, No. 28/2002, No. 64/2004) in Item 5 of § 1 of the Supplementary Provision the words "respective district court" shall be substituted for "Registry Agency".
§ 30. The following amendments shall be made to Article 7 in the Investments Promotion Act (promulgated, SG, No. 97/1997; corrected, No. 99/1997; amended, Nos. 29 and 153/1998, No. 110/1999, No. 28/2002, No. 37/2004; corrected, No. 40/2004): the words "the court in whose district of jurisdiction the registered office thereof is located" shall be substituted for "the Registry Agency".
§ 31. The following amendments and supplements shall be made to the Commodity Exchanges and Wholesale Markets Act (promulgated, SG, No. 93/1996; amended, Nos. 41 and 153/1998, No. 18/1999, No. 20/2000, No. 41/2001):
1. Article 14, Item 1 of Paragraph (3) shall be amended as follows:
"1. certificate reflecting current status of respective trader entry in the Commercial Register;".
2. Article 18 shall be amended as follows:
"Article 18. (1) The Registry Agency shall enter in the Commercial Register the activity effected as commodity exchange after it has been provided with the permit issued by the commission.
(2) The Registry Agency shall enter in the Commercial Register the activity effected as wholesale market after it has been provided with the permit issued by the commission."
3. In Article 21:
a) in Paragraph (1) the words "district court" shall be substituted for "Registry Agency" and a new sentence two shall be created: "In these cases the Commission shall appoint a liquidator and shall determine the time limit for effecting liquidation and remuneration of liquidator.";
b) in Paragraph (2) the words "district court" shall be substituted for "Registry Agency".
§ 32. The following amendments shall be made to Article 15 (2) of the Private Security Business Act (promulgated, SG, No. 15/2004; amended, No. 105/2005):
1. Item 1 shall be amended as follows:
"1. certificate reflecting current status of commercial registration;".
2. Item 2 shall be repealed.
§ 33. The following amendments shall be made to the Excise Duties and Tax Warehouses Act (promulgated, SG, No. 91/2005; amended, No. 105/2005):
1. Article 48, Item 1 of Paragraph (2) shall be amended as follows:
"1. certificate reflecting current status of commercial registration;".
2. In Article 51, Item 5 of Paragraph (1) the word "BULSTAT" shall be substituted for "standard identification code".
3. In Article 54, Item 2 of Paragraph (3) the word "BULSTAT" shall be substituted for "standard identification code".
4. In Article 56, Item 2 of Paragraph (2) the word "BULSTAT" shall be substituted for "standard identification code".
5. In Article 57 (3):
a) Item 1 shall be amended as follows:
"1. certificate reflecting current status of entry in the Commercial Register - original or notarized copy thereof;";
b) Item 5 shall be amended as follows:
"5. copy of tax registration certificate attested by the person;".
§ 34. The following amendments and supplements shall be made to the Road Traffic Act (promulgated, SG, No. 20/1999; amended, No. 1/2000, Nos. 43, 45 and 76/2002, Nos. 16 and 22/2003, Nos. 6, 70, 85 and 115/2004, Nos. 79, 92, 99, 102, 103 and 105/2005):
1. In Article 148 (3):
a) Item 1 shall be amended as follows:
"1. a copy of the court judgement for registration under the procedure of the Non-for-Profit Legal Entities Act, respectively certificate reflecting the current status of entry in the Commercial Register;";
b) "for not-for-profit legal entities" shall be added at the end of Item 2.
2. In Article 152 (3):
a) Item 1 shall be repealed;
b) Item 2 shall be amended as follows:
"2. certificate reflecting current status of commercial registration;".
§ 35. The following amendments shall be made to the Waste Management Act (promulgated, SG, No. 86/2003; amended, No. 70/2004, Nos. 77, 87, 88, 95 and 105/2005):
1. In Article 30:
a) in Paragraph (3) the words "court registration of the persons referred to in the Commercial Act: shall be substituted for "the registered office of the persons under the Commercial Register ";
b) in Paragraph (3) the words "court registration pursuant to the Commercial Act: shall be substituted for "the registered office under the Commercial Register ";
2. In Article 39, Item 3 of Paragraph (1) the words "current court status" shall be substituted for "entry into the Commercial Register".
3. In Article 51 (1):
a) in Item 1 the words "current court status" shall be substituted for "entry into the Commercial Register";
b) Item 2 shall be repealed.
4. In Article 54:
a) in Article 4:
aa) in Item 1 the words "current court status" shall be substituted for "entry into the Commercial Register";
bb) Item 5 shall be repealed;
b) In Paragraph (5) the words "and 5" shall be erased;
c) In Paragraph (6) the figure "5" shall be erased.
5. In Article 57 (2) the words "number of company case, number of volume and on the dockets for the year, identification code under BULSTAT register" shall be substituted for "standard identification code".
6. In Article 62 (4):
a) in Item 1 the words "current court status" shall be substituted for "entry into the Commercial Register";
b) Item 2 shall be repealed.
7. In Article 67, Item 2 of Paragraph (1) the words "court status" shall be substituted for "status according to Commercial Register".
8. In Article 80 (1):
a) in Item 1 the words "certificate reflecting current status of court registration" shall be substituted for "certificate reflecting current status of commercial registration";
b) in Item 3 the words "certificate reflecting current status of court registration" shall be substituted for "certificate reflecting current status of commercial registration".
9. In Article 84, Item 3 the words "certificate reflecting current status of court registration" shall be substituted for "certificate reflecting current status of commercial registration".
10. In Article 87, Item 2 of Paragraph (2) the word "BULSTAT" shall be substituted for "standard identification code".
§ 36. The following amendments and supplements shall be made to the Foodstuffs Act (promulgated, SG, No. 90/1999; amended, No. 102/2003, No. 70/2004, Nos. 87, 99 and 105/2005):
1. Article 12, Item 1 of Paragraph (3) shall be amended as follows:
"1. a certificate reflecting current status of entry in the Commercial Register in case applicant is a trader;".
2. In Article 19 (2) the words "code under BULSTAT" shall be substituted for "standard identification code".
3. In Article 22b (1) "in case said person is not trader, and standard identification code in case said person is trader" shall be added in the text before Item 1 and after the words "legal person".
4. Article 25a, Item 1 of Paragraph (3) shall be amended as follows:
"1. certificate reflecting current status of entry in the Commercial Register of the Bulgarian importing company;".
§ 37. The following amendments and supplements shall be made to the Act on Administrative Regulation of the Manufacture and Trade in Optical Disks Stampers and other Storage Media Loaded with Subject Matter of Copyright and Neighbouring Rights (promulgated, SG, No. 74/2005; amended, No. 105/2005):
1. In Article 8:
a) in Item 1 of Paragraph (1) the words "identification code under BULSTAT" shall be substituted for "standard identification code" and the word "court" shall be substituted for "commercial";
b) In Paragraph (2):
aa) Item 1 shall be amended as follows:
"1. certificate reflecting current status of entry in the Commercial Register;";
bb) Items 2 and 4 shall be repealed.
2. In Article 9 (9):
a) in Item 2 the word "court" shall be substituted for "commercial";
b) Item 4 shall be amended as follows:
"4. standard identification code;".
3. in Item 5 of Article 12 the word "court" shall be substituted for "commercial".
4. in Article 14, Item 5 of Paragraph (1) the word "court" shall be substituted for "commercial".
5. in Article 15, Item 1 of Paragraph (1) the words "identification code under BULSTAT register" shall be substituted for "standard identification code" and the words "court registration" shall be substituted for "registration in the Commercial Register".
6. In Article 17 (1):
a) in Item 2 the word "court" shall be substituted for "commercial";
b) Item 3 shall be amended as follows:
"3. standard identification code;".
7. In Article 20:
a) "respectively standard identification number for traders" shall be added after the word "BULSTAT" in Item 1 of Paragraph (1) and "respectively commercial" shall be added after the word "court";
b) Item 2 of Paragraph (2) shall be amended as follows:
"2. certificate of current status of entry in the Commercial Register, in case the applicant is a trader;".
8. "respectively standard identification number for traders" shall be added after the word "BULSTAT" in Article 22, Item 2 of Paragraph (1) and "respectively commercial" shall be added after the word "court".
9. "respectively standard identification number for traders" shall be added after the word "BULSTAT" in Article 24, Item 1 of Paragraph (1) and "respectively commercial" shall be added after the word "court".
10. "respectively standard identification number for traders" shall be added after the word "BULSTAT" in Article 25, Item 1 of Paragraph (1) and "respectively commercial" shall be added after the word "court"
11. "respectively standard identification number for traders" shall be added after the word "BULSTAT" in Article 27, Item 2 of Paragraph (1) and "respectively commercial" shall be added after the word "court".
12. "respectively standard identification number for traders" shall be added after the word "BULSTAT" in Article 28, Item 2 of Paragraph (1) and "respectively commercial" shall be added after the word "court".
13. In Article 30 (4):
a) Item 1 shall be amended as follows:
"1. certificate of current status of entry in the Commercial Register issued within two months prior to the filing of the application;";
b) Item 3 shall be repealed;
c) in Item 4 the word "court" shall be substituted for "commercial".
14. In Article 34 (1):
a) in Item 2 the words "number of company case" shall be erased;
b) in Item 3 the word "court" shall be substituted for "commercial";
c) Item 4 shall be amended as follows:
"4. standard identification code;".
15. in Item 5 of Article 36 the word "court" shall be substituted for "commercial".
16. "respectively standard identification number for traders" shall be added after the word "BULSTAT" in Article 41, Item 1 of Paragraph (1) and "respectively commercial" shall be added after the word "court".
17. "respectively standard identification number for traders" shall be added after the word "BULSTAT" in Article 42, Item 1 of Paragraph (1) and "respectively commercial" shall be added after the word "court".
18. In Article 48 (1) the word "respectively commercial" shall be added after the word "court".
19. In Article 51 (1) the word "respectively commercial" shall be added after the word "court".
§ 38. The following amendments shall be made to the Wine and Spirits Act (promulgated, SG, No. 86/1999; amended, No. 56/2002, Nos. 16, 108 and 113/2004, Nos. 99 and 105/2005, No. 18/2006):
1. In Article 23a, Item 3 of Paragraph (3) the words "copy of identification card under BULSTAT register and" shall be erased.
2. In Article 40 (4):
a) Item 1 shall be amended as follows:
"1. certificate of current status of entry in the Commercial Register;";
b) Item 7 shall be amended as follows:
"7. attested by trader copy of certificate of registration under the Taxation and Social Insurance Procedure Code;".
§ 39. The following amendments and supplements shall be made to the Animal Husbandry Act (promulgated, SG, No. 65/2000; amended, No. 18/2004, Nos. 87 and 105/2005):
1. In Article 14b:
a) in Paragraph (1) "respectively standard identification code for traders" shall be added after the words "under BULSTAT";
b) in Item 1 of Paragraph (2) "certificate reflecting current status of entry in the Commercial Register for traders, respectively" shall be added before the words "judgement for court".
2. In Paragraph 4 of Article 15:
a) Item 1 shall be amended as follows:
"1. certificate reflecting current status of entry in the Commercial Register;";
b) Items 2 and 3 shall be repealed.
§ 40. The following amendments and supplements shall be made to the Skilled Crafts Act (promulgated, SG, No. 42/2001; amended, No. 112/2001, No. 56/2002, Nos. 99 and 105/2005, No. 10/2006):
1. In Article 23, Item 1 of Paragraph (1) the words "registration and BULSTAT" shall be substituted for "commercial registration and the standard identification code ".
2. In Article 24:
a) in Item 1 of Paragraph (2) "and the standard identification code for traders, respectively the identification code under BULSTAT for the remaining persons" shall be added at the end;
b) Item 1 of Paragraph (2) shall be amended as follows:
"2. for the persons registered under the Commercial Act and the Cooperatives Act - certificate reflecting current status of entry in the Commercial Register;".
§ 41. The following amendments and supplements shall be made to the Biological Diversity Act (promulgated, SG, No. 77/2002; amended, Nos. 88 and 105/2005):
1. Article 43a, Item 3 of Paragraph (5) shall be amended as follows:
"3. certificate reflecting current status of entry in the Commercial Register."
2. Article 81, Item 2 of Paragraph (2) shall be amended as follows:
"2. certificate reflecting current status of entry in the Commercial Register;".
3. Article 82, Item 4 of Paragraph (2) shall be amended as follows:
"4. certificate reflecting current status of entry in the Commercial Register;".
4. In Article 92, Item 1 of Paragraph (1) "or standard identification code for traders" shall be added at the end.
5. In Article 97:
a) in Paragraph 1 "or commercial" shall be added after the word "court";
b) in Item 1 of Paragraph (2) "or standard identification code for traders" shall be added at the end.
§ 42. The following supplements shall be made to the Forestry Act (promulgated, SG, No. 125/1997; amended, Nos. 79 and 133/1998, No. 26/1999, Nos. 29 and 78/2000, Nos. 77, 79 and 99/2002, Nos. 16 and 107/2003, Nos. 72 and 105/2005):
1. In Article 14c, Item 1 of Paragraph (1) certificate reflecting current status of entry in the Commercial Register" shall be added after the word "identity".
2. In Article 16a, Item 1 of Paragraph (2) certificate reflecting current status of entry in the Commercial Register" shall be added after the word "identity".
3. In Article 68a, Item 4 of Paragraph (2) "certificate reflecting current status of entry in the Commercial Register, respectively" shall be added in the beginning before the word "certificate".
4. In Article 68b, Item 5 of Paragraph (2) "certificate reflecting current status of entry in the Commercial Register, respectively" shall be added in the beginning before the word "certificate".
5. In § 123, Item 1 of Paragraph (2) "certificate reflecting current status of entry in the Commercial Register" shall be added after the word "identity".
§ 43. In Article 15 of the Privatization Funds Act (promulgated, SG, No. 1/1996; amended, Nos. 68 and 85/1996, Nos. 39 and 52/1998, No. 114/1999) the words "The district court shall make an entry of the privatization fund" shall be substituted for "The privatization fund shall be entered".
§ 44. The following amendments shall be made to the Special Purpose Investment Companies Act (promulgated, SG, No. 46/2003; amended, No. 109/2003, No. 107/2004):
1. In Article 5 (4) the words "reception of court judgement" shall be substituted for "entry".
2. In Article 14:
a) in Paragraph (1) the words "the court on registration of special purpose investment companies" shall be substituted for "the Registry Agency";
b) in Paragraph (2) the word "court" shall be substituted for "Registry Agency";
c) in Paragraph (3) the word "the court by registration amends ex officio" shall be substituted for "the Registry Agency enters ex officio amendment to".
3. Article 15 (3) shall be amended as follows:
"(3) The amendment to the statutes shall be entered in the Commercial Register following presentation of the approval referred to in Paragraph (1)."
§ 45. The following amendments shall be made to the Electronic Document and Electronic Signature Act (promulgated, SG, No. 34/2001; amended, SG No. 112/2001):
1. In Article 24 (1):
a) in Item 1 the word "BULSTAT" shall be substituted for "standard identification code";
b) in Item 2 the words "court registration" shall be substituted for "the registration".
2. Article 36, Item 1 of Paragraph (1) shall be amended as follows:
"1. certificate reflecting current status of entry in the Commercial Register;".
§ 46. The following amendments shall be made to the Protection against the Harmful Impact of Chemical Substances and Preparations Act (promulgated, SG, No. 10/2000; amended, No. 91/2002, Nos. 86 and 114/2003, Nos. 100 and 101/2005):
1. Article 14d, Item 1 of Paragraph (2) shall be amended as follows:
"1. certificate reflecting current status of entry in the Commercial Register;".
2. In Article 18 (1):
a) Littera "a" in Item 1 shall be amended as follows:
"a) certificate reflecting current status of entry in the Commercial Register;"
b) Littera "a" in Item 2 shall be amended as follows:
"a) certificate reflecting current status of entry in the Commercial Register".
3. In Item 2 of Article 19f the word "court" shall be substituted for "commercial".
4. Article 19h, Item 1 of Paragraph (1) shall be amended as follows:
"1. certificate reflecting current status of entry in the Commercial Register;".
5. Item 1 of Article 19r shall be amended as follows:
"1. certificate reflecting current status of entry in the Commercial Register;".
6. Article 19u, Item 2 of Paragraph (1) shall be amended as follows:
"2. certificate reflecting current status of entry in the Commercial Register;".
7. In Article 22a, Item 1 of Paragraph (2) the words "certificate reflecting current status of court registration" shall be substituted for "certificate reflecting current status of entry in the Commercial Register".
8. In Article 22e, Item 2 of Paragraph (1) the words "certificate reflecting current status of court registration" shall be substituted for "certificate reflecting current status of entry in the Commercial Register".
§ 47. In the Health Act (promulgated, SG, No. 70/2004; amended, No. 46/2005, Nos. 76, 85, 88, 94 and 103/2005, No. 18/2006), Article 36 (1) the words "and for traders - data from court registration" shall be substituted for "and in the case of a trader - to present certificate reflecting current status of entry in the Commercial Register".
§ 48. The following amendments and supplements shall be made to the Health Insurance Act (promulgated, SG, No. 70/1998; amended, Nos. 93 and 153/1998, Nos. 62, 65, 67, 69, 110 and 113/1999, Nos. 1, 31 and 64/2000, No. 41/2001, Nos. 1, 54, 74, 107, 112, 119 and 120/2002, Nos. 8, 50, 107 and 114/2003, Nos. 28, 38, 49, 70, 85 and 111/2004, Nos. 39, 45, 76, 99, 102, 103 and 105/2005, Nos. 17 and 18/2006):
1. Article 88, Item 1 of Paragraph (2) shall be amended as follows:
"1. certificate reflecting current status of entry in the Commercial Register; number and date of issue of health insurance company licence;".
2. Article 95, Item 1 of Paragraph (2) shall be amended as follows:
"1. Applicant data - name, personal identity number, permanent address - for natural persons; certificate reflecting current status of entry in the Commercial Register;".
3. In Article 99, Item 2 of Paragraph (1) "respectively standard identification code - for traders" shall be added after the words "legal persons".
§ 49. The following amendments shall be made to the Registered Pledges Act (promulgated, SG, No. 100/1996; amended, No. 86/1997, No. 42/1999, Nos. 19 and 58/2003, Nos. 34 and 43/2005):
1. In Article 21:
a) in Paragraph (2) the word "lot" shall be substituted for "case";
b) Paragraph (6) shall be amended as follows:
"(6) Simultaneously with the entry of transformation the Registry Agency shall enter into the company case of each of the transforming companies, as well as of the sole trader in the case of transfer of property to sole proprietor, and the transfer of the pledge of commercial corporation to the respective successor."
2. In Article 50 the words "by the court according to registration" shall be substituted for "by a judgement of the court ".
3. In Article 51 the words "court according to registration" shall be substituted for "Registry Agency".
§ 50. The following amendments and supplements shall be made to the Insurance Code (promulgated, SG, No. 103/2005; amended, No. 105/2005):
1. In Article 35:
a) In Paragraph (1) the words "The court shall enter into the Register of Commercial Corporations" shall be substituted for "Entries in the Commercial Register ";
b) in Paragraph (2) the words "copy of court judgement" shall be substituted for "the certificate" and "in the Commercial Register" shall be added at the end".
2. In Article 44:
a) in Paragraph (1) the words "The court shall enter the branch in the Register of Commercial Corporations" shall be substituted for "A branch shall be entered in the Commercial Register";
b) in Paragraph (2) the words "court judgement" shall be substituted for "the certificate" and "in the Commercial Register" shall be added at the end.
3. In Article 120, Item 1 of Paragraph (1) the words "by the court" shall be erased.
4. In Article 122:
a) the title shall be amended as follows "Entry of Dissolution";
b) in Paragraph (1) the word "court" shall be substituted for "Registry Agency";
c) Paragraph (2) shall be amended as follows:
"(2) The insurer shall be obligated to present before the commission a certificate of entry referred to in Paragraph (1) within three work days following the recordation."
5. In Article 123:
a) Paragraph (1) shall be amended as follows:
"(1) In the cases referred to in Item 2 of Article 199 a procedure on liquidation shall be launched by a decision of the commission. The decision shall include the grounds for withdrawal of licence and shall appoint a liquidator, the remuneration thereof and the time limit for effecting the liquidation. The decision shall be sent to the Registry Agency for entry into the Commercial Register."
b) Paragraph (2) shall be amended as follows:
"(2) The Registry Agency shall enter the dissolution of the insurer and the name of the liquidator."
6. Article 124 (3) shall be amended as follows:
"(3) In the cases referred to in Paragraph (2) the Commission may discharge the liquidator, whereupon it shall send its decision thereof to the Registry Agency for entry."
7. In Article 125 the words "court and" shall be erased.
8. In Article 139:
a) in Paragraph (1)the words "The judgement of the court on opening procedure on liquidation or bankruptcy" shall be substituted for "The entry of the opening of a procedure on liquidation, as well as the judgement of the court to open a procedure on bankruptcy" and the word "has" shall be substituted for "have";
b) Paragraph (2) shall be amended as follows:
"(2) Simultaneously with entry in the Commercial Register of the opening of the procedure on liquidation and the disclosure in the Commercial Register of the judgement of the court for opening procedure on bankruptcy, the Registry Agency shall send the court judgment for publication in the Official Journal of the European Union, as well as information about the applicable law, the competent court and the entered liquidator, respectively trustee into bankruptcy.";
c) in Paragraph (3) the word "the decision for opening a procedure on liquidation or" shall be substituted for "the entry of opening a procedure on liquidation or the decision for opening the procedure ".
9. Article 302 (8) shall be amended as follows:
"(8) At the request of the Deputy Chairperson, respectively of the commission, the circumstances, respectively the acts referred to in Items 3, 7, 9, 10 and 11 of Paragraph (2) shall be entered in the Commercial Register."
10. Article 310, Item 3 of Paragraph (1) shall be amended as follows:
"3. The licence of insurer is withdrawn until the appointment of trustee into bankruptcy or entry of liquidator into the Commercial Register."
§ 51. The following amendments shall be made to the Banking Act (promulgated, SG, No. 52/1997; supplemented, No. 15/1998; amended, Nos. 21, 52, 70 and 89/1998, Nos. 54, 103 and 114/1999, Nos. 24, 63, 84 and 92/2000, No. 1/2001, Nos. 45, 91 and 92/2002, No. 31/2003, Nos. 19, 31, 39 and 105/2005):
1. Article 22 shall be amended as follows:
"Article 22. (1) Following the passage of a decision for withdrawal of licence of a bank the Central Bank shall:
1. in the cases of Article 21 (1) appoint a liquidator and determine the time limit in which the liquidation should be effected; the decision shall be sent for entry into the Commercial Register; or
2. in the case of Article 21 (2) shall address a request to the respective district court for opening a procedure on bankruptcy.
(2) The decision referred to in Item 2 of Paragraph (1) shall be promulgated in the State Gazette."
2. Article 65 (5) shall be amended as follows:
"(5) At the request of the Central Bank the circumstances shall be entered, respectively the acts referred to in Paragraph (2) shall be disclosed."
§ 52. The following amendments shall be made to the Bank Bankruptcy Act (promulgated, SG, No. 92/2002; amended, No. 67/2003, No. 36/2004, Nos. 31 and 105/2005):
1. Article 15 shall be amended as follows:
"Recordation of Court Judgements
Article 15. The court judgement referred to in Article 13 (1) shall be entered in the Commercial Register."
2. Article 16 (5) shall be amended as follows:
"(5) The decision whereby a judgement under Article 13 (1) or Article 14 is repealed, shall be entered in the Commercial Register."
3. In Article 19 (2) the words "be promulgated in the State Gazette shall be substituted for "entry into the Commercial Register".
4. In Article 24 (2) the words "promulgation in the State Gazette shall be substituted for "entered into the Commercial Register".
5. In Article 26:
a) in Paragraph (5) the words "respective court register and shall be promulgated in the State Gazette" promulgated in the State Gazette shall be substituted for "Commercial Register".
b) in Paragraph (6), second sentence the words "court register and promulgation in the State Gazette" promulgated in the State Gazette shall be substituted for "Commercial Register" and sentence three shall be erased;
c) Paragraph 7 shall be repealed.
6. In Article 29:
a) in Paragraph (3) the words "respective court register and shall be promulgated in the State Gazette" shall be substituted for "Commercial Register";
b) in Paragraph (4), sentence one, "as well as to the Registry Agency" shall be added at the end, and sentences two and three shall be erased;
c) Paragraph (5) shall be repealed.
7. In Article 56 (1) the word "promulgation" shall be substituted for "entry".
8. In Article 59 (4) the word "promulgation" shall be substituted for "entry".
9. In Article 63 (1) the word "promulgation" shall be substituted for "entry".
10. In Article 64 (2) the words "notice in State Gazette" shall be substituted for "declare for disclosure in the Commercial Register", and the words "promulgation of notification" shall be substituted for "notification".
11. In Article 105:
a) in Paragraph (4) the words "respective court register and shall be promulgated in the State Gazette" shall be substituted for "Commercial Register";
b) in Paragraph (5) the words "promulgation thereof in the State Gazette" shall be substituted for "entry thereof in the Commercial Register".
12. In Article 109 (2) the word "promulgation" shall be substituted for "entry".
§ 53. The following amendments and supplements shall be made to the Public Offering of Securities Act (promulgated, SG, No. 114/1999; amended, Nos. 63 and 92/2000, Nos. 28, 61, 93 and 101/2002, Nos. 8, 31, 67 and 71/2003, No. 37/2004, Nos. 19, 31, 39, 103 and 105/2005):
1. Article 31 shall be amended as follows:
"Article 31. The Registry Agency shall enter the stock exchange in the Commercial Register after it is presented with the licence issued by the commission."
2. In Article 36 the words "the court by registration" shall be substituted for "the Registry Agency" and sentence two shall be created: "In these cases the commission shall appoint a liquidator, determine the time limit for effecting the liquidation and the remuneration of the liquidator."
3. Article 49 shall be amended as follows:
"Article 49. The Registry Agency shall enter in the Commercial Register object of activity organisation of unofficial market of securities pursuant to Article 44 (2) after it is presented with the licence issued by the commission."
4. Article 67 shall be amended as follows:
"Article 67. The Registry Agency shall enter in the Commercial Register the company, respectively the right to provide services and engage in activities pursuant to Article 54 (2) and (3) in its object of activity, after it is presented with the licence issued by the commission."
5. Article 74a (6) shall be amended as follows:
"(6) The Registry Agency shall enter in the Commercial Register the changes referred to in Items 1 and 2 of Paragraph (1) after it is presented with an approval issued by the commission, respectively the deputy Chairperson."
6. In Article 89 (2) the words "to the court" shall be erased.
7. Article 92 (4) shall be amended as follows:
"(4) Except in the cases of Article 79, Items 3, 4, 5, 6 and 8 of Paragraph (1) entries in the Commercial Register shall include the raising of capital under the conditions of Article 5 following presentation of the confirmation issued by the commission."
8. In Article 112c, sentence two the words "before the court" shall be erased.
9. Article 115 (2) shall be amended as follows:
"(2) The company shall be obligated to disclose the notice referred to in Article 223 (4) of the Commerce Act in the Commercial Register and to publish it in a central daily at least 30 days prior to its opening."
10. In Article 122 (2) the words "in court" shall be erased.
11. In Article 183:
a) Paragraph (1) shall be amended as follows:
"(1) The Registry Agency shall enter the investment company into the Commercial Register after it is presented with the respective licence issued by the commission.";
b) in Paragraph (2) the words "copy of court judgement" shall be substituted for "certificate of entry".
12. In Article 192 (5) the word "The court" shall be substituted for "The Registry Agency".
13. Article 207 shall be amended as follows:
"Article 207. The Registry Agency shall enter in the Commercial Register the company, respectively the right to engage in activities pursuant to Article 202 in its object of activity, after it is presented with the licence issued by the commission."
14. Article 212 (7) shall be amended as follows:
"(7) Upon request of the commission, respectively the deputy chairperson, the Registry Agency shall enter the circumstances, respectively disclose the acts pursuant to Paragraph (1), into the Commercial Register."
§ 54. The Council of Ministers shall, by October 1, 2006, file with the National Assembly bills on the amendment and supplementation of the laws whose provisions have to be brought in alignment with this Act.
§ 55. The subordinate legislation on the application of this Act shall be passed within the term of enforcement thereof.
§ 56. (Amended, SG No. 80/2006, SG No. 53/2007) This Act shall become effective as of 1 January 2008, with the exception of § 2 and § 3, which shall become effective on the day the Act is promulgated in the State Gazette.
§ 57. The implementation of this Act is hereby commissioned to the Council of Ministers and the Supreme Judicial Council.
This Act was passed by the 40th National Assembly on March 24, 2006 and on April 20, 2006, and is stamped with the official seal of the National Assembly.

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