BULSTAT Register Act


BULSTAT Register Act

BULSTAT Register Act

BULSTAT Register Act

Promulgated State Gazette No. 39/10.05.2005, effective 11.08.2005, amended, SG No. 105/29.12.2005, effective 1.01.2006, amended and supplemented, SG No. 34/25.04.2006, effective 1.01.2008 (*)(**), amended, SG No. 42/29.05.2007, effective 30.08.2007, amended, SG No 82/16.10.2009, supplemented, SG No. 95/1.12.2009, effective 1.01.2010

Chapter One

GENERAL PROVISIONS

Article 1. This act shall provide for the procedure and means of uniform registration in the BULSTAT register and the relations between BULSTAT and other registers and information systems.

Article 2 (1). The Registry Agency with the Minister of Justice shall keep and maintain the BULSTAT register as a uniform national administrative register and shall perform activities on entries made therein, as well as on the issuance of verifications and certificates as regards the registered circumstances.

(2) The Registry Agency shall keep and maintain a special register in pursuance of the Classified Information Protection Act of the BULSTAT register for the registration of entities whose data contain classified information.

(3) The information in the BULSTAT register shall be stored in a uniform information system that shall maintain a national database.

Chapter Two

BULSTAT REGISTER SCOPE AND CONTENT

Section I

Scope

Article 3 (1) The following shall be registered with the BULSTAT register:

1. (supplemented, SG No. 34/2006) legal entities that are not traders;

2. (repealed, SG No. 34/2006) ;

3. (supplemented, SG No. 34/2006) branches of foreign entities that are not traders;

4. (amended, SG No. 42/2007) trade representations of foreign entities pursuant to Article 24 of the Investment Promotion Act ;

5. foreign legal entities:

a) that exercise economic activity in this country, including through location of economic activity or a certain facility or site, or

b) whose effective management is located on the territory of this country, or

c) who own immovable property in this country;

6. unincorporated legal entities under the Obligations and Contracts Act and insurance institutes under Article 8 of the Social Insurance Code ;

7. other persons besides those listed in items 1 – 6 that are social security contributors and are not natural persons;

8. (amended, SG No. 34/2006) 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;

9. natural persons engaged in free occupational activity or a craft;

10. foreign natural persons who do not have a standard public registry personal number or foreigner personal number and who:

a) are engaged in commercial activity or provide independent personal services in the country, including through location of economic activity or a certain facility or site, or

b) own immovable property in this country, or

c) are social security contributors;

11. other natural persons – social security contributors.

(2) Entries in BULSTAT register may also be made for foreign persons liable to special registration in pursuance to a material tax law, including when they are exempt from tax under an effective international treaty to which the Republic of Bulgaria is party.

(3) Entries in the special register under Article 2 (2) shall only be made for those divisions under Item 8 of Paragraph 8 that disposition budget credits or are social security contributors.

(4) (New, SG No. 95/2009, effective 1.01.2010) Foreign persons from a Member State of the European Union or from another state being a contracting party to the Agreement on the European Economic Area which pursue business activities in Bulgaria solely under the terms of free provision of services shall not be registered with the BULSTAT register.

Section II

Standard Identification Code

Article 4 (1) The Registry Agency shall determine a unique standard identification code (SIC), mandatory for the persons under Article 3, hereinafter called the “code under BULSTAT”.

(2) The code under BULSTAT shall be determined at the entry of the persons in the register and in case of a change of status or the legal entity of the subjects under Article 3, Item 8 of Paragraph 1.

Article 5 (1) All registers and information systems in the Republic of Bulgaria provided under a statutory act and featuring data about the persons under Article 3 entered in BULSTAT register shall identify these subjects by the code under BULSTAT.

(2) The subjects under Article 3 shall be obliged to indicate the code under BULSTAT in the documents with which they take part in document turnover.

(3) The documents issued by authorities of state government, local self-government and the judicial power shall by obligation include the code under BULSTAT of the persons under Article 3.

(4) The code under BULSTAT shall be certified with an identification card and, prior to the issuance of that – with a registration certificate within the term of validity under Article 17 (3 and 4) issued by the Registry Agency.

Article 6 (1) The code under BULSTAT of the persons under Article 3, Items 1 through 7 and 10 of Paragraph 1, and Paragraph 2 shall have nine digits.

(2) (Amended, SG No. 34/2006) The code under BULSTAT of the persons under Article 3, Item 8 of Paragraph 1, shall have 13 digits, the first 9 digits being the code of the legal entity.

(3) The code under BULSTAT of the persons under Article 3, Items 9 and 11 of Paragraph 1, shall have 10 digits and shall coincide with the Standard Public Registry Personal Number (SPRPN), respectively the foreigner Personal identity number (PIN).

Section III

Register Content

Article 7 (1) The following data and circumstances shall be entered in BULSTAT register for the persons under Article 3, Items 1 though 8 of Paragraph 1:

1. SIC (code under BULSTAT);

2. acts of establishment/incorporation, change, closure/erasure;

3. date of registration in BULSTAT;

4. date of registration termination;

5. legal organisational form;

6. full and abbreviated name;

7. registered office and address of management;

8. address for correspondence on the territory of the country with all state institutions, as well as telephone, fax, e-mail;

9. address of location of activity or property;

10. object of activity/main economic activity;

11. term of existence;

12. condition;

13. capital;

14. distribution of capital;

15. legal successor;

16. management bodies and representation;

a) manager and/or representative – names, citizenship, SPRPN, PIN or another identification number for a foreign person, manner of representation, office of manager – for the subjects under Article 2 (2);

b) type and membership of the collective management body;

17. partners and/or shareholders:

a) partners – SPRPN, PIN, names/appellation, citizenship/state and share of participation in property;

b) shareholders – state and municipal shareholding and for the persons with a share exceeding 10 per cent of the capital – SPRPN, PIN, names/appellation, citizenship/state;

18. (effective 11.02.2006) data required for the Statistical Unit Register of units determined by an order of the Executive Director of the Registry Agency by a motion of the President of the National Statistical Institute.

(2) The following data and circumstances shall be entered in BULSTAT register for the persons under Article 3, Items 9 though 11 of Paragraph 1:

1. SIC (code under BULSTAT);

2. personal data – date of birth for foreign natural persons, citizenship, names, personal identification document;

3. grounds of entry;

4. correspondence addresses, telephone, fax., e-mail;

a) for Bulgarian citizens and foreign persons permanently residing in this country – permanent and current address;

b) for the foreign natural persons – address for correspondence on the territory of this country with all state institutions;

5. address of location of activity or the property;

6. activities/occupations involved;

7. documents certifying that a certain activity is conducted;

8. date of launch, stopping, resumption of activity.

(3) BULSTAT register shall maintain and store information about changes in the data and circumstances under Paragraphs 1 and 2.

(4) The data under Items 5 – 9 of Paragraph 1 and under Items 2, 4 and 5 of Paragraph 2 shall be entered in Bulgarian and with Latin letters in accordance with the rules of transliteration.

Article 8 (1) Information in the BULSTAT register shall be public in its part entered from submitted documents for the data under Article 7, Items 1 – 7 of Paragraph 1 and Paragraph 2.

(2) The information in the BULSTAT register entered from submitted documents for the data under Article 7, Item 18 of Paragraph 1 shall be placed at the disposal only of the persons and under the procedure of Article 40.

(3) The information about the subjects under Article 2 (2) shall be public in the case when it pertains to only one person in the part entered from submitted documents for the data under Article 7, Items 3 – 17 of Paragraph 1, and in the case of Article 7, Item 2 of Paragraph 1 – when the act does not contain information defined as classified information.

Chapter Three

BULSTAT REGISTER REGISTRATION

Article 9 (1) Registration shall take place at the registry offices of the Registry Agency, located at the headquarters of district courts. Registry offices shall carry out their functions under the present law on the territory of the court circuit of the respective district court.

(2) Entries of persons registered by the court under Article 3, Item 1 – 3 and 8 of Paragraph 1 shall be made by the registry offices by the location of their court registration.

(3) Entries of persons not liable to registration in court under Article 3, Items 1, 7 and 8 of Paragraph 1 shall be made at the registry offices according to their registered office.

(4) Entries of unincorporated legal entities under Article 3, Item 6 of Paragraph 1 shall be made at the registry offices according to their registered office. The registered office of these persons shall be certified with a notarized copy of the articles of association. In case the articles of association do not mention a registered office, the permanent address or the address of management of the first partner listed in the articles of association shall be accepted as such.

(5) (Amended, SG No. 105/2005) Entries for the social security institutions established pursuant to Article 8 of the Social Insurance Code shall be made at the registry offices according to the address of management of the respective institution, entered in the register of insurance institutions of the National Revenue Agency.

(6) Entries for the persons under Article 3, Item 4 of Paragraph 1 shall be made at the registry offices according to the address of management registered with the Bulgarian Chamber of Commerce and Industry.

(7) The registration of foreign persons:

1. carrying out economic activity in this country, including through location of economic activity or a certain facility, or whose effective management is on the territory of the Republic of Bulgaria, shall be made at the registry office according to the location of the activity, respectively the management;

2. carrying out economic activity in this country through more than one location of economic activity, shall be made at the registry office by location of the first location of economic activity or in one of the registry offices by location of the activity by choice of the foreign person, in the case where more than location of activity is established simultaneously; in case the foreign person does not make a choice, the registrations shall be considered to have been done at the registry office that first effects action on entering in the BULSTAT register.

3. who have acquired real estate, not included in the cases under Items 1 and 2, shall be made by the registry office according to the location of the estate; in case more than one real estate is acquired simultaneously, registration shall be made by one of the registry offices according to the location of a real estate by choice of the foreign person; in case the foreign person does not make a choice, registration shall be effected by the registry office for the first acquired real estate.

(8) The Registry Agency shall register:

1. the subjects entered in the special register under Article 2 (2);

2. the persons for which there is an obligation for registration and for whom the place of registration under Paragraphs 2 – 7 cannot be established.

(9) The registration of the persons under Article 3, Items 9 and 11 of Paragraph 1, shall be done at the registry office:

1. by permanent address – for the Bulgarian citizens and foreign persons permanently residing in this country;

2. by address for correspondence on the territory of this country – for the foreign natural persons.

Article 10 (1) For registration in the BULSTAT register the persons under Article 3, Items 1 – 8 of Paragraph 1 and Paragraph 2 according to their status present:

1. a copy of the judgement or another document as follows:

a) legal persons – an act of their establishment and an act determining the person that manages and/or represents them;

b) (amended, SG No. 42/2007) trade representations of foreign persons under Article 24 of the Investment Promotion Act – document certifying registration with the Bulgarian Chamber of Commerce and Industry;

c) foreign legal persons under Article 3, Item 5 of Paragraph 1 – a document certifying activity on the territory of the Republic of Bulgaria; a legalized document attesting to the establishment of the foreign legal persons in the respective country;

d) (amended, SG No. 105/2005) the unincorporated legal entities under the Obligations and Contracts Act and insurance institutes under Article 8 of the Social Insurance Code – the articles of association, respectively the certificate of registration with the National Revenue Agency;

e) the branches and divisions under Article 3, Item 8 of Paragraph 1 – an act certifying their establishment and determining the person that manages and/or represents them;

f) other persons not quoted in “a” though “e” that are social security contributors – documents for legitimization and/or confirming a certain activity in the case where such are required by the law;

2. (effective 11.02.2006) a declaration of the data under Article 7, Items 8, 9, 10, 14, 15, 17 and 18 of Paragraph 1 in a form endorsed by the Executive Director of the Registry Office;

3. the identification cards issued at the entry of closing/erasure or change of circumstances;

4. a document certifying paid state fee under a tariff approved by the Council of Ministers;

5. registration questionnaire and/or registration certificate featuring the data under Article 7, Paragraphs 1 and 4 – for the subjects entered in the special register.

(2) In the case where, for the subjects under Article 2, Paragraph 2 the administrative act of establishment or change features classified information that cannot be placed at the disposal of the Registry Agency, the data are entered on the basis of a statement by the manager, respectively the representing person or by an expressly authorised person.

Article 11. Registration of the persons under Article 3, Items 9 – 11 of Paragraph 1 shall be made on the basis of a statement submitted by the person or an authorised representative thereof.

Article 12 (1) Within 7 days of the inception of the obligation for entering the persons under Article 3, Items 1 – 8 of Paragraph 1 in the BULSTAT register, the manager, respectively the representative or explicitly authorised person presents the act of establishment and the documents under Article 10 at the registry office. In the case of persons with court registration the term begins from the date of reception of the judgement.

(2) Within 7 days from the beginning of activity, respectively the appointment of natural persons, the purchase of the real estate or a change in circumstances under Article 7, Paragraph 2, the persons under Article 3, Items 9 – 11 of Paragraph 1 shall submit an application for registration endorsed by the Executive Director of the Registry Agency at the respective registry office.

(3) Within 30 days of the enforcement of the act of establishment/inception, change or closure/erasure of the subjects under Article 2 (2) the manager, respectively the representative or explicitly authorised person shall present the act and the documents under Article 25 (3) and Article 10 at the Registry Agency.

(4) In the case of any change of the data contained in the documents under Article 10, Item 1 of Paragraph 1 and the application under Article 10, Item 2 of Paragraph 1, the manager, respectively the representative or explicitly authorised person shall be obliged to register the changes with the respective registry office within a period of 7 days.

(5) The data regarding a change in the ownership share percentage of the individual shareholders shall be stated in the declaration under Article 10, Item 2 of Paragraph 1 only if that change exceeds 10 per cent of the company capital.

Article 13. (Amended, SG No. 34/2006) Regardless of the different grounds for entry, natural persons may have only one registration.

Article 14 (1) Entry into the BULSTAT register shall be accompanied by a check of correspondence between the data in the presented documents and those in the BULSTAT register National Database and other registers and information systems to which BULSTAT register has access.

(2) Inconsistencies established in the course of the check in the case of documents under Article 10 (1) and the statement under Article 11 shall be entered in a certificate form endorsed by the Executive Director of the Registry Agency. The registry offices shall place this certificate at the disposal of the authority that has issued the act and the manager, respectively the representative or explicitly authorised person.

Article 15 (1) In case incomplete and/or imprecise data are established in the documents under Article 10, Items 1 and 2 of Paragraph 1 and the statement under Article 11 of an already entered person, a staff member of the registry office authorised by the Executive Director of the Registry Agency shall advise in writing the person under Article 3 through the manager, respectively the representative or explicitly authorised person.

(2) The manager, respectively the representative or explicitly authorised person shall be bound to submit a document with the complemented or corrected data Article 10, Item 2 of Paragraph 1 within 7 days, and under Article 10, Item 1 of Paragraph 1 – within a month from receiving the notification under Paragraph 1.

Article 16. The registry offices shall maintain a file for every entered person under Article 3 that shall include copies of the documents submitted under Article 10, Items 1 – 3 of Paragraph 1 or the statement under Article 11.

Article 17 (1) A registration certificate of the code under BULSTAT in a form endorsed by the Executive Director of the Registry Agency shall be issued at the entry into the register of the persons under Article 3 and any change of circumstances under Article 19, Items 2, 4 and 5 of Paragraph 1 and Paragraph 2. Discrepancies established under Article 14 shall be put down in the registration certificate.

(2) A registration certificate in the case of change of circumstances shall be issued only after all identification cards issued have been returned or have been declared for investigation.

(3) The registration certificate of the persons under Article 3, Items 9 – 11 of Paragraph 1 and Paragraph 2 shall be valid until a change in the circumstance included in the certificate.

(4) The registration certificate of the persons under Article 3, Items 1 – 8 of Paragraph 1 shall have a one-month period of validity.

(5) Within 5 days of the expiry of the term under Paragraph 4 the manager, respectively the representative or explicitly authorised person of the persons under Article 3, Items 1 – 8 of Paragraph 1 shall be obliged to return the registration certificate to the registry office in order to receive an identification card.

Article 18 (1) The identification card of the persons under Article 3, Items 1 – 8 of Paragraph 1 and Paragraph 2 shall be issued to the manager, respectively the representative. In the case of more than one manager, respectively representative, each one of them shall be issued a card upon request.

(2) In the cases under Articles 14 and 15 an identification card shall not be issued and the term of the registration certificate shall be extended until the eradication of the inconsistencies.

(3) An identification card of the persons under Article 3, Items 9 – 11 of Paragraph 1 shall be issued only at their request.

(4) A new registration certificate and respectively new identification card shall be issued at entry into the BULSTAT register of a change of circumstance under Article 19, Items 2, 4 and 5 of Paragraph 1 and Paragraph 2.

Article 19 (1) An identification card shall be issued in a form endorsed by the Executive Director of the Registry Agency and shall contain the following data about the persons under Article 3:

1. date of BULSTAT registration;

2. SIC (code under BULSTAT);

3. act of incorporation or change;

4. full name/names;

5. registered office and address of management/permanent address;

6. number of identification card;

7. card date of issue.

(2) In addition to the data under Paragraph 1 an identification card shall also contain:

1. for the persons under Article 3, Items 1 – 8 of Paragraph 1 and Paragraph 2 – manager or representative;

2. (amended, SG No. 34/2006) for a branch or division – the name of the legal entity;

3. for a town hall – the name of the municipality to which it belongs;

4. for trade representation – the name of the foreign person that has opened the representation office.

(3) For the subjects entered in the special register under Article 2 (2):

1. the number of the act of incorporation/change shall not be entered in the field for that document when the information it contains has been defined as classified information;

2. only the office of the manager shall be entered in the field for manager.

(4) The cards under Paragraph 1 not received by the persons within one year of their issue shall be destroyed by a procedure determined by the Executive Director of the Registry Agency.

Article 20 (1) At the request of the manager, respectively the representative or explicitly authorised person, an identification card shall be issued fitted with a microprocessor chip that contains the data entered in the register in electronic form.

(2) The cards under Paragraph 1 shall be issued within 14 days of submission of the request and shall be received only by the titular holder of the identification card.

Article 21 (1) The Registry Agency shall declare invalid the identification cards of terminated subjects and the cards with changes of circumstances that have not been returned.

(2) The numbers of the cards under Paragraph 1 shall be published in the Internet site of the Registry Agency.

(3) The cards under Article 10, Item 3 of Paragraph 1, that contain changed circumstances shall be destroyed by an order of the Executive Director of the Registry Agency.

Article 22 (1) In case of loss of the identification card the manager, respectively the representative or explicitly authorised person, shall notify the registry office, respectively the Registry Agency for the subjects under Article 2 (2), so that a duplicate may be issued.

(2) The cards under Paragraph 1 shall be declared for investigation and shall be published in the Internet site of the Registry Agency. Upon the request of the manager, respectively the representative or explicitly authorised person, the Registry Agency shall declare the invalidity of the lost identification card in the State Gazette. The fee for the promulgation of the statement shall be paid by the person that has submitted the request.

(3) The registry office shall issue a duplicate of an identification card and a certified copy of a lost registration certificate upon the submission of a written request by the manager, respectively the representative or explicitly authorised person, accompanied with a document for a paid fee.

Article 23 (1) In the case of entry into the BULSTAT register of a subject other than those quoted in Article 3 or in the case of repeated entry, the incorrect or repeated entry shall be expunged by an order of the Executive Director of the Registry Agency.

(2) In the cases under Paragraph 1 the Registry Agency shall publish the erasure of the entry in the BULSTAT register in the agency’s Internet site.

Article 24 (1) (Amended, SG No. 105/2005) An ex officio entry in the BULSTAT register of data about the persons under Article 3 shall be made upon the request of the National Social Security Institute or a revenue bodies. The request shall be accompanied by a document certifying the obligation for an entry of the person in the BULSTAT register.

(2) The Executive Director of the Registry Agency on the entries for the subjects under Article 2 (2) or an official of the registry office authorised thereby shall notify in writing the obligated persons under Article 3 as regards the ex officio entry made.

(3) The managers, respectively the representatives or explicitly authorised persons of the subjects under Article 3 shall be obliged to appear at the registry office within 7 days of receiving the notification under Paragraph 2.

(4) An ex officio entry of the circumstances for the persons under Article 3, Items 1 – 8 and 10 of Paragraph 1, shall be made in the BULSTAT register on the basis of entries in other public registers after the expiry of one month after the obligation to submit the documents under Article 10.

(5) The Executive Director of the Registry Agency on the entry of the subjects under Article 2 (2) or a registry office staff member authorised thereby shall notify in writing the persons under Article 3 as regards the ex officio entry under Paragraph 4 in the cases of change of circumstances that lead to the issuance of a new identification card.

(6) The managers, respectively the representatives or explicitly authorised persons of the subjects under Article 3 shall be obliged to appear at the registry office within 7 days of receiving the notification under Paragraph 5.

(7) An ex officio entry of closure/expunging of the persons under Article 3, Items 1 – 8 of Paragraph 1, shall be made in the BULSTAT register upon the expiry of their term of existence or on the basis of entries in other public registers.

(8) The registration of the persons under Article 3, Items 9 – 11 of Paragraph 1, shall be terminated ex officio upon the demise of the person.

(9) The ex officio entry shall be at the expense of the entered person with the exception of the cases under Paragraph 8.

Article 25 (1) BULSTAT register shall maintain and store archives of closed/expunged persons under Article 3 and the expunged registrations under Article 23 (1).

(2) The information about the closed/expunged persons shall be stored in the BULSTAT register for a period of 10 years after their closure/erasure.

(3) Upon expiry of the term under Paragraph 2 a copy of the data about the closed/expunged subject shall annually be submitted to the Central State Archives on a technical device.

(4) The term and manner of document storage for the closed/expunged subjects under Article 2 (2) and Article 26 (2) shall be determined by the procedure of the Classified Information Protection Act.

Article 26 (1) The procedure and manner of storage of the documents on entry in the BULSTAT register of the subjects registered in the special register under Article 2 (2) shall be determined by the Executive Director of the Registry Agency in accordance with the requirements of the Classified Information Protection Act.

(2) The Registry Agency shall collect additional information pertaining only to the subjects under Article 2 (2) and with a special questionnaire.

Chapter Four

INTERACTION OF BULSTAT REGISTER WITH OTHER REGISTERS, INFORMATION

SYSTEMS AND ACCESS TO DATA

Section I

Interaction with the registry registers kept by district courts

Article 27 (1) (Amended, SG No. 34/2006) District courts shall provide for free to the registry services certified transcripts of the judgements on the establishment, change of circumstances and expunging of the legal persons other than traders.

(2) The certified judgement transcripts under Paragraph 1 shall placed at the disposal of the registry offices within a week from the pronouncement of these judgements.

(3) The district courts shall provide free access to the registers for registry and the company cases opened by the district courts of authorised staff of the registry offices.

(4) The procedure of providing the access under Paragraph 3 and the judgements under Paragraph 1 shall be determined by an ordinance issued by the Minister of Justice.

Article 28 (1) The registry offices shall provide district courts with information about the determined, changed and annulled standard identification codes (SIC) as well as information about detected inconsistencies of data.

(2) The Registry Agency shall provide free access of the judicial power authorities to the national database for the information under Article 8 (1).

(3) The registry offices and the district courts shall exchange data by electronic means by a procedure established by the ordinance under Article 27 (4).

Section II

Interaction with other registers and information systems

Article 29 (1) The national and departmental registers and information systems that maintain information about the persons under Article 3 shall provide free access of BULSTAT register to the data under Article 7 entered in these registers and information systems.

(2) In order to perform its functions the BULSTAT register shall have free access to the following registers and official information systems:

1. the automated information funds of the Integrated System of Civil Registration and Administrative Service for the Population (ESGRAON);

2. (amended, SG No 82/2009) National Automated Information Fund of Bulgarian Personal Documents (National Register of Bulgarian Personal Documents);

3. the register of social security contributors;

4. the register of craftsmen;

5. the register of agricultural producers;

6. other registers and information systems containing data that are not classified information for the persons entered in the BULSTAT register.

(3) The procedure and means of interaction between the registers and information systems under Paragraph 2 shall be determined by an ordinance adopted by the Council of Ministers.

Article 30. The national classifiers and nomenclatures necessary for the BULSTAT register, as well as the amendments thereto shall be placed at the disposal of the Registry Agency free of charge by the institutions responsible for their maintenance.

Article 31 (1) (Amended, SG No. 82/2009) The Ministry of the Interior shall provide, free of charge, data about the valid and invalid Bulgarian personal documents of natural persons from the National Automated Information Fund of Bulgarian Personal Documents (National Register of Bulgarian Personal Documents).

(2) Upon request from the registry offices the Ministry of the Interior shall provide free of charge data regarding the permanent address of natural persons entered in the BULSTAT register.

(3) The Registry Agency shall provide free of charge BULSTAT register information to the Ministry of the Interior for the needs of the automated information systems maintained by the ministry.

Article 32 (1) (Amended, SG No. 105/2005) The Registry Agency shall provide automated submission of information entered in the BULSTAT register to the information system of the National Revenue Agency, as well as the information about the inconsistencies under Article 14 (2).

(2) The Registry Agency shall provide automated submission of information regarding data entered in the BULSTAT register for the needs of the customs administration information system.

(3) (Amended, SG No. 105/2005) The Registry Agency shall provide information from the special register under Article 2 (2) to a specialised subsystem of the Finance Ministry that provides the necessary data to the National Revenue Agency and the customs administration.

(4) (Amended, SG No. 105/2005) The registry offices shall provide the National Revenue Agency with copies of the documents under Article 10, Items 1 and 2 of Paragraph 1, as well as of the statement under Article 11.

(5) (Amended, SG No. 105/2005) In case of establishment of inconsistencies in the data entered in the BULSTAT register that National Revenue Agency shall notify the registry offices.

(6) (Amended, SG No. 105/2005) The registry offices and the territorial directorates of National Revenue Agency shall exchange data by electronic means determined by the ordinance under Article 27 (4).

Article 33 (1) The Registry Agency shall provide automated submission of information to the National Social Security Institute as regards the data entered in the BULSTAT register.

(2) The Registry Agency shall provide information from the special register under Article 2 (2) to a specialised system of the National Social Security Institute for the data under Article 7, Items 1, 3, 4, 5, 6, 7, 10 and 15 of Paragraph 1.

(3) The National Social Security Institute shall provide the Registry Agency free of charge information on the termination and restoration of activity of the persons under Article 3, Items 1 – 3.

(4) In the case where discrepancies in the data entered in the BULSTAT register are found, the National Social Security Institute shall duly advise the registry offices.

(5) The Registry Agency and the National Social Security Institute shall exchange data by electronic means under a procedure established with the ordinance under Article 27 (4).

Article 34 (1) The Registry Agency shall provide automated supply of information about data entered in the BULSTAT register to the National Statistical Institute.

(2) The Registry Agency shall provide information from the special register under Article 2 (2) to a specialised subsystem of the National Statistical Institute.

(3) The Registry Agency and the National Statistical Institute shall exchange data by electronic means under a procedure established with the ordinance under Article 27 (4).

Article 35. The Central Depository shall provide the Registry Agency information regarding a change of the circumstances under Article 7, Item 17 (b) of Paragraph 1.

Section III

Access to the BULSTAT Register National Database

Article 36 (1) Anyone may make inquiries or request the issue of certificates regarding entered in the register circumstances under Article 8, Paragraphs 1 and 3 in return for a paid state fee determined with a tariff under Article 10, Item 4 of Paragraph 4.

(2) The inquiries and certificates under Paragraph 1 shall be free of charge for the authorities of state government, local self-government and the judiciary, and shall be issued upon a request submitted in writing or by electronic means.

(3) Any person registered under Article 3 may receive free of charge inquiries about the circumstances involving that person entered in the register.

Article 37 (1) The Registry Agency shall provide free of charge access to the public information in the BULSTAT register of central and territorial administration authorities. Access shall be provided to the National Database of the BULSTAT register.

(2) Access under Paragraph 1 shall be achieved by:

1. inquiries in the National Database via Internet;

2. standard outgoing files by e-mal or another technical carrier;

3. automated submission of data of information entered in the BULSTAT register, as well as the information about inconsistencies under Article 14 (2).

Article 38. An authority that maintains a register provided under a statutory act and including persons under Article 3 shall have the right to receive free of charge access to the public information under Article 7 pertaining to these subjects from the National Database.

Article 39. Access to the special register under Article 2 (2) and the procedure whereby information from it is provided to other registers and information systems shall follow the procedure of the Classified Information Protection Act and the statutory legislation on its application.

Article 40 (1) The data under Article 7, Item 18 of Paragraph 1 shall be placed at the disposal of the National Statistical Institute.

(2) Beyond the cases under Paragraph 1, data under Article 7, Item 18 of Paragraph 1 shall be provided following the written agreement of the persons under Article 3.

Article 41 (1) (Amended, SG No. 105/2005) The Registry Agency, the National Statistical Institute, the National Social Security Institute, the Customs Agency and the Central Board of National Revenue Agency shall be obliged to ensure access to the data under Article 7, Item 18 of Paragraph 1, only for the ends of the law and prevention of malpractice with them, by undertaking the necessary organisational and technical measures and permitting only persons who have signed an affidavit of discretion to work with such data.

(2) The persons who have access to the information under Article 8 (2) shall be obliged to keep it secret and not use it to other ends except for the direct execution of their official obligations.

Chapter Five

FINANCING ACTIVITIES ON BULSTAT REGISTER MAINTENANCE

Article 42. Financing of the activities involved in the maintenance of the BULSTAT register shall be provided through a subsidy from the budget of the Justice Ministry, through fees under this law, though other revenue, as well as through funds under national and regional programmes, international programmes, projects and agreements.

Article 43. Funds collected in the form of 25 per cent of the fees collected under this law, as well as additional revenue for the budget represented by fines and property sanctions, established and collected under penalty writs issued under this law, shall be accumulated and spent only for development of the material base, raising the qualification of and fringe benefits for agency staff at conditions and under a procedure determined by an ordinance issued by the Justice Minister. The funds for fringe benefits may not exceed 25 per cent of the annual amount of funds for salaries.

Chapter Six

ADMINISTRATIVE PENAL PROVISIONS

Article 44. (Amended, SG No. 34/2006) Any person that fails to meet the obligations under Article 5 (2) shall be sanctioned with a fine of up to BGN 200 for natural persons, or a property sanction of up to BGN 500 for legal persons.

Article 45 (1) (Amended, SG No. 34/2006) Any person that does not meet the obligations under Article 12 within the term shall be sanctioned with a fine of up to BGN 700 for natural persons, or a property sanction of up to BGN 1,000 for legal persons.

(2) A repetition of the transgression under Paragraph 1 shall be sanctioned with a fine between BGN 50 and BGN 3,000.

Article 46. (Amended, SG No. 34/2006) Any person that fails to meet the obligations under Article 15 (2) shall be sanctioned with a fine of up to BGN 100 for natural persons, or a property sanction of up to BGN 200 for legal persons.

Article 47. (Amended, SG No. 34/2006) Any person that does not meet the obligations under Article 17 (5) within the term shall be sanctioned with a fine of up to BGN 700 for natural persons, or a property sanction of up to BGN 1,000 for legal persons.

Article 48. (Amended, SG No. 34/2006) Any person that does not meet the obligations under Article 24 (5) and (6) within the term shall be sanctioned with a fine of between BGN 100 and BGN 1,500 for natural persons, or a property sanction of between BGN 100 and BGN 3,000 for legal persons.

Article 49. (1) For unimportant cases of administrative violations a fine may be imposed on the spot of the offence to the amount between BGN 10 and BGN 50. A ticket shall be issued for the fine imposed that shall contain data about: the identity of the official who has imposed the fine; the identity of the offender; the place and time of the offence; the violated provisions and the amount of the fine. The ticket shall be signed by the official who imposes the fine and by the offender when the latter agrees to pay the fine and shall then be sent for execution.

(2) Offenders shall be given a copy of the ticket in order to pay the fine at their own volition.

(3) In case an offender appeals the offence or does not pay the fine at his own volition within 7 days from the date the ticket is issued, a statement shall be drawn up pursuant to the provisions of Section II of Chapter Three of the Administrative Violations and Sanctions Act.

Article 50. A person that uses, provides or makes public data in violation of Article 41 in the case where the act does not constitute a crime shall be punished with a fine of up to BGN 2,000.

Article 51 (1) Infractions under this law shall be established by statements drawn up by officials appointed by the Executive Director of the Registry Agency, while penalties shall be issued by the Executive Director of the Registry Agency or officials authorised thereby.

(2) Offences shall be established and penalties shall be issued, appealed and executed by the procedure of the Administrative Violations and Sanctions Act.

SUPPLEMENTARY PROVISION

§ 1. For the purposes of this Act:

1. “Economic activity” shall be any activity classified in the National Classification of Economic Activities.

2. “Keeping” shall include all activities involved in making entries in the register, issuance of references and certificates of entered circumstances.

3. The “main economic activity” of the entities in the register shall be determined pursuant to the lowest level of the National Classification of Economic Activities, with the chosen criterion being consistently applied in determining the section, group and class. The choice of criterion shall be in accordance with the extant data about the unit and in keeping with the following priority:

a) the largest share in the net amount of revenue from the activity;

b) the largest amount of gross production of goods and services that are the product of the respective activity;

c) the largest amount of paid wages and fees for the activity;

d) the largest number of engaged in the activity.

4. Belated execution of obligations up to 15 days shall be an “unimportant case”.

5. A “repeated” transgression shall be that effected within one year from the enforcement of the penalty with which an offender is sanctioned for a transgression of the same type.

TRANSITIONAL AND FINAL PROVISIONS

§ 2. The persons under Article 3 registered prior to the enforcement of this law in the National Register for identification of economic and other subjects engaged in activity on the territory of the Republic of Bulgaria pursuant to the Statistics Act shall be deemed entered in the register under this law and shall preserve their identification code.

§ 3. Within three months from the enforcement of this law the persons under Article 3, Items 9 and 11 of Paragraph 1 that are registered in the Register of Contributors and have not been entered in the BULSTAT register shall present the necessary documents for registration at the registry offices.

§ 4. Prior to the adoption of the tariff under Article 10, Item 4 of Paragraph 1 the fees shall be collected by the Registry Agency to the amount set in the Tariff of Fees collected by the National Social Security Institute under the Statistics Act with Council of Ministers Decree No. 253/1999 (promulgated SG No. 2/2000; amended No. 8/2001, No. 30/2002).

§ 5. Labour and official relations with the staff making registration and with the staff providing information from the BULSTAT register shall be settled respectively under the conditions of Article 123 of the Labour Code and Article 87a of the Civil Servants Act.

§ 6. The movable property, the archives, the database and software modules, the equipment and other assets and liabilities, rights and obligations of the National Social Security Institute related to the BULSTAT register shall be undertaken by the Registry Agency.

§ 7. The funds for salaries, social security contributions and maintenance in connection with § 5 and 6 shall be transferred from the budget of the National Statistical Institute to the budget of the Justice Ministry.

§ 8. In the Administrative Infractions and Penalties Act (promulgated SG No. 92/1969; amended and supplemented SG Nos. 54/1978, 28/1982, 28 and 101/1983, 89/1986, 24/1987, 94/1990, 105/1991, 59/1992, 102/1995, 12 and 110/1996; 11, 15, 59, 85 and 89/1998; 51, 67 and 114/1999, 92/2000; 25, 61 and 101/2002, 96/2004) in Article 34 (1) second sentence the words “acts on its application” shall be followed by “as well as under the BULSTAT Register Act”.

§ 9. The following amendments shall be made to the Statistics Act (promulgated SG No. 57/1999; amended and supplemented Nos. 42/2001; 45 and 74/2002, 37/2004):

1. In Article 13, Item 1 of Paragraph 1 the words “Article 35 (4) and Article 42 (3)” shall be erased.

2. Paragraph 2 of Article 28 shall be revoked.

3. Sections II and III in Chapter Seven shall be revoked.

4. Article 54 shall be revoked.

§ 10. (Effective 11.02.2006) The following amendments and supplements shall be made to the Tax Procedure Code (promulgated SG No. 103/1999, No. 29/2000 – Ruling No. 2 of the Constitutional Court of 2000, amended, Nos. 63/2000, 109/2001; 45 and 112/2002; 42, 112 and 114/2003; 36, 38, 53 and 89/2004, 19/2005):

1. In Article 28 :

a) in Paragraph 1:

aa) Items 1, 2, 3 and 4 shall be amended as follows:

“1. Territorial tax directorate by registration;

2. data under Article 7, Items 1 – 17 of Paragraph 1 and Paragraph 2 of the BULSTAT Register Act;

3. the date of tax registration;

4. the date or termination of tax registration which shall be the date under Article 7, Item 4 of Paragraph 1 of the BULSTAT Register Act;

bb) Items 5 and 6 shall be revoked’

cc) hitherto Item 7 shall become Item 5;

dd) Items 8 – 13 shall be revoked;

ee) hitherto Items 14 and 15 shall become Item 6 and 7 respectively;

b) Paragraphs 2 and 3 shall be amended as follows:

“(2) A territorial tax directorate by registration shall be that directorate within whose territorial scope the registered office with the BULSTAT register falls. A territorial tax directorate by registration of local natural persons, including sole traders, shall be the territorial tax directorate by permanent address.

(3) A territorial tax directorate by registration for social security funds, established pursuant to Article 8 of the Social Security Code, shall be the respective territorial tax directorate within whose territorial scope the registered office and address of management of the fund falls as it is registered in the social security fund register of the National Social Security Institute.”

c) a new Paragraph 4 shall be created:

“(4) A territorial tax directorate by registration for:

1. the foreign legal persons who have registered trade representation in the Republic of Bulgaria, shall be that territorial tax directorate within whose territorial scope the address indicated with the Bulgarian Chamber of Commerce and Industry falls;

2. the foreign persons engaged in economic activity in this country, including through location of economic activity or a certain facility, or whose effective management is from this country, shall be that territorial tax directorate by the location of the activity, respectively the management; when the foreign person is engaged in economic activity on the territory of this country through more than one location of economic activity, this shall be the territorial tax directorate according to the first established place of economic activity or in one of the tax directorates by location of the economic activity by choice of the foreign person – in case that more than one places of economic activity are established at the same time; in case a foreign person does not put the right of choice into effect it shall be considered that the territorial tax directorate is that which first becomes engaged in a procedure on establishing that person’s taxes due for the activity through location of economic activity,

3. the foreign persons who have acquired real estate who are not included in Items 1, 2 and 4 shall be the territorial tax directorate according to the location of the first acquired property;

4. the foreign legal persons for whom the right or obligation has arisen for registration under a material tax law, who do not have a facility on the territory of this country, shall be the Sofia Territorial Tax Directorate.”

d) Paragraph 5 shall be amended as follows:

“(5) The chief tax director shall determine by an order the territorial tax directorate under Paragraph 1 (1) for taxable persons for whom a territorial tax directorate by registration cannot be established or who fall within the territorial scope of more than one territorial tax directorate. The order shall be promulgated in State Gazette.

e) a Paragraph 6 shall be established:

“(6) The chief tax director may require the statement and provision of other data necessary for the tax control.”;

f) hitherto Paragraph 4 shall become Paragraph 7 and shall be amended as follows:

“(7) Commercial banks and the branches of foreign banks shall advise within 7 days the tax directorate by registration of the taxable persons under Article 29 (4) as regards the bank accounts they have opened or closed.”

g) a Paragraph 8 shall be established:

“(8) Commercial banks and the branches of foreign banks shall provide information about the opened and closed bank accounts of the taxable persons not quoted in Paragraph 7, at a motivated request of the territorial tax director. The information shall be provided within 7 days following the reception of the request.

2. In Article 29:

a) in Paragraph 1 the word “introduced” shall be substituted for “entered”;

b) in Paragraph 2:

aa) in sentence one the words “for the local and foreign natural persons, with the exception of the persons under Paragraph 3″ shall be substituted for “for the local natural persons”;

bb) sentence two shall be erased;

c) paragraphs 3 and 4 shall be amended as follows:

“(3) The data about foreign natural persons, with the exception of the foreign natural persons entered in the BULSTAT register, shall be entered in the tax register with the submission of a tax return by the procedure and within the terms established in the respective tax law.

(4) The data about the taxable persons, with the exception of the persons under Paragraphs 2 and 3, shall be entered:

1. of their own motion by data from BULSTAT register and by data received from the commercial banks and the branches of foreign banks as regards opened and closed bank accounts;

2. on the basis of a statement by endorsed form, which is submitted by the person within terms and under a procedure determined by an order of the chief tax director, which is promulgated in the State Gazette.

d) Paragraphs 5 and 6 shall be revoked.

3. Article 30 shall be revoked.

4. In Article 31 :

a) the title shall be amended as follows “Obligation for Indicating the BULSTAT Code”;

b) the words “(tax number)” shall be erased.

5. Article 32 shall be amended as follows”

“Tax address

Article 32 (1) The tax address of local natural persons shall be their permanent address.

(2) The tax address of foreign legal persons who have registered a trade representation in the Republic of Bulgaria shall be the address of management registered with the Bulgarian Chamber of Commerce and Industry.

(3) The tax address of foreign persons engaged in economic activity in this country, including through location of economic activity or a certain facility, or whose effective management is outside this country, shall be the address of location of the activity, respectively the management, entered in the BULSTAT register. In case the persons have failed to meet their obligations under the BULSTAT Register Act, the address liable to be entered in the register shall be considered the tax address.

(4) The tax address of foreign persons who have acquired immovable property and who do not fall under the jurisdiction of Paragraphs 2 and 3 shall be the address by location of the property entered in the BULSTAT register. In case the persons have failed to meet their obligations under the BULSTAT Register Act, the address liable to be entered in the register shall be considered the tax address.

(5) The tax address of social insurance funds established pursuant to Article 8 of the Social Insurance Code shall be the address of management of the fund entered in the insurance fund register of the National Social Security Institute.

(6) The tax address of the persons under Article 29 (4) without the persons under Paragraphs 2 – 5, shall be the registered office and address of management entered in the BULSTAT register. In case the persons have failed to meet their obligation to register under the BULSTAT Register Act, the address liable to be entered in the register shall be considered the tax address.”

6. In Article 33 :

a) Paragraph 1 shall be amended as follows:

“(1) In the case of any change of the data in the statement under Article 29, Item 2 of Paragraph 4, the registered person shall be obliged to notify in writing the territorial tax directorate by registration within 14 days. This term shall not apply in the cases of change of tax address.”;

b) In Paragraph 2 the words “form endorsed by the chief tax director” shall be substituted for “Article 29, Item 2 of Paragraph 4″;

c) Paragraph 3 shall be revoked;

7. In Article 47 :

a) New Paragraphs 3 and 4 shall be created:

“(3) The delivery of notices to taxable persons shall take place at their tax address. Taxable persons, with the exception of natural persons, shall be obliged to ensure the presence of a person at the tax address to receive tax notices. The persons commissioned with receiving tax notices shall be entered in the statement under Article 29, Item 2 of Paragraph 4.

(4) Notices to taxable persons under Article 29 (4) shall be delivered on work days from 9:00 a. m. to 5:00 p. m.”;

b) hitherto Paragraphs 3 and 4 shall become Paragraphs 5 and 6 respectively;

c) Paragraph 7 shall be established:

“(7) Notices for natural persons may also be delivered or sent to their place of employment.”

8. In Article 50, Item 2 of Paragraph 1 the words “under Article 29 (3)” shall be substituted for “for registration under the BULSTAT Register Act”.

9. In Article 122 , Item 1 the words “tax number” shall be erased.

10. In Article 162, Item 4 of Paragraph 1 the words “tax number” shall be erased.

11. In Article 206 , Item 3 of Paragraph 9 the words “tax number” shall be substituted for “the code under BULSTAT”.

12. In Article 210 (9) the words “tax number” shall be substituted for “the code under BULSTAT”.

13. In Article 213 (2) and Item 1 of Paragraph 3 the words “tax number” shall be erased.

14. Article 252 shall be amended as follows:

“Article 252. A taxable person that fails to meet the obligation under Article 33 within the legally established term shall be penalized with a fine for natural persons or a property sanction for legal persons and sole traders between BGN 20 and BGN 1,000 . In the case of repetition of the transgression the penalty shall be a fine for natural persons or a property sanction for legal persons and sole traders between BGN 40 and BGN 2,000.”

15. In § 1 (1) of the supplementary provision:

a) in “a” the words “Article 28, Items 6, 7, 9, 10 and 11 of Paragraph 1″ shall be substituted for “Article 28, Item 5 of Paragraph 1, as well as the data under Article 29, Item 2 of Paragraph 4, which fall within the scope of “b” – “e”;

b) “f” shall be revoked.

16. Clause 5 of the transitional and final provisions shall be revoked.

§ 11. (Effective 11.02.2006) The following amendments shall be made to the Social Insurance Code (promulgated SG No. 110/1999, No. 55/2000 – Constitutional Court Decision No. 5/2000, amended Nos. 64/2000; 1, 35 and 41/2001; 1, 10, 45, 74, 112, 119 and 120/2002; 8, 42, 67, 95, 112 and 114/2003; 12, 38, 52, 53, 69, 70, 112 and 115/2004):

1. In Article 169a, Item 1 of Paragraph 2 the words “BULSTAT and the tax number” shall be substituted for “and the BULSTAT code”.

2. In Article 237, Item 1 and Article 305, Item 1 the words “BULSTAT” and “the tax number and BULSTAT” shall be substituted for “and the BULSTAT code”.

§ 12. (Effective 11.02.2006) The following amendments shall be made to the Health Insurance Act (promulgated SG No 70/1998; amended Nos. 93 and 153/1998; 62, 65, 67, 69, 110 and 113/1999; 1, 31 and 64/2000; 41/2001; 1, 54, 74, 107, 112, 119 and 120/2002; 8, 50, 107 and 114/2003; 28, 38, 49, 70, 85 and 111/2004):

1. In Article 88, Item 1 of Paragraph 2 the words “BULSTAT number and tax number of the parties to the contract; Standard Public Personal Registry Number if the party is a self-insured person” shall be substituted for “and BULSTAT code of the parties”.

2. In Article 95, Item 1 of Paragraph 2 the words “BULSTAT number and tax number – for the legal persons” shall be substituted for “and BULSTAT code”.

§ 13. The following amendments shall be made to the Tourism Act (promulgated SG No. 56/2002, amended Nos. 119 and 120/2002, 39/2004, 28/2005) in its part of Article 61 (1) :

1. In item 1 (d) the words “and tax number” shall be erased.

2. In Item 2:

a) In (h) the words “tax number” shall be erased.

b) In (i) the words “and tax number” shall be erased.

§ 14. In the Cadastre and Property Register Act (promulgated SG No. 34/2000, amended Nos. 45 and 99/2002, 36/2004, effective 10.05.2005) Paragraph 2 in Article 58c shall be revoked.

§ 15. This law shall become effective three months after its promulgation in the State Gazette with the exception of:

1. Article 7, Item 18 of Paragraph 1, Article 10, Item 2 of Paragraph 1 and § 10, 11 and 12 of the transitional and final provisions, which shall come into force 9 months after the promulgation of the law in the State Gazette, and

2. § 14 of the transitional and final provisions, which shall come into on the day of the promulgation of the law in the State Gazette.

(*) Act to Amend the Commercial Register Act

(SG No. 80/2006, effective 3.10.2006)

§ 1. In § 56 of the Transitional and Final Provisions the words “1 October 2006″ shall be replased by “1 July 2007″

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(*) Act to Amend the Commercial Register Act

(SG No. 53/2007, effective 30.06.2007)

§ 1. In § 56 of the Transitional and Final Provisions the words “1 July 2007″ shall be replased by “1 January 2008″

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