Who we are
A team of professionals, which includes lawyers, economists, marketing experts and marketing research specialists. We work in close collaboration with eminent specialists from the academic community, dealing with the resolution of problems of different nature, related to the activities of foreign individuals and legal entities in Bulgaria, as well as the perspectives that these entities may have on Eastern European countries and Russian horizons.
We offer business and tax advice to companies, analyze market potential, and support investments from company creation to their core management.
In addition to legal advice, we also offer our clients litigation before all courts in the country, thanks to the close cooperation of the attorneys-at-law involved in our team. The main priority is to protect the interests of our customers, which is why we focus on the highest quality of services offered.
Последние новости
- NOTIFICATION PROCEDURES BETWEEN PRIVATE ENTITIES: THE CASE OF COMMERCIAL COMPANIES
Notification of communications in the matter of civil and commercial relations. This article focuses on the topic of potential notices/correspondence between private entities that must communicate material statements to other private entities (whether contractually bound or not) and their probative value/effectiveness in potential and subsequent litigation. According to the prevailing jurisprudence, if there is a valid and effective contract and it provides for a method of communication freely chosen by the contracting parties, that method is the one that must be followed in the communication relationship between the two or more contracting parties. In any case, the entity is given the right (even in the presence of a contract that provides for a specific method of communication between the entities) to continue sending statements by other methods, for example, mail or authorized postal operators (couriers). In the case of delivery by registered letter, it is settled case law that it is always possible for the addressee to dispute the contents of the postal envelope even in the event of actual receipt of the same, since the return receipt certifies the receipt of a «letter» but never certifies what is the content of this letter. - CONVERSION BY DIVISION
A division is a form of transformation whereby one company (called the «converting») (whether an LLC or an JSC) is being divided into two or more companies (called the «acquiring companies»). The division consists in the fact that the transforming company is terminated without liquidation and a corresponding part of its assets, rights and obligations and activities pass to the acquiring companies. It is possible that some of the acquiring companies are newly created and others already established. In the case of conversion by division, the receiving companies cannot change their legal form (e.g. from LLC to JSC). Procedure. A. Conversion Agreement. Before the conversion decision is made, a conversion contract is concluded between the receiving and/or converting companies participating in it. The conversion contract is concluded by the persons representing the company in writing with notarization of their signatures. The conversion agreement sets out how the conversion will take place and must contain at least the following elements: - SETTLEMENT OF THE PROPERTY CONSEQUENCES UPON THE DEPARTURE OF A PARTNER IN A LLC (OOD). CHARACTERISTICS OF THE COMPANY SHARE.
The issue, the subject of this article, is legally regulated in Art. 125, para. 3 of the Commercial Law, which stipulates that when a partner in a limited liability company terminates his participation in the company, the property consequences are settled on the basis of an accounting balance at the end of the month in which the termination occurred. The specified provision determines the moment of drawing up the accounting balance, according to which his claim will be calculated. The judicial practice (Decision No. 224/2010 of the Supreme Court of Appeal) accepts that this legal provision is of an imperative nature and the partners cannot overcome neither with an agreement to the contrary nor with a stipulation in the partnership agreement. Such a stipulation would be void based on Art. 26, para. 1 of the ZZD. Jurisprudence, on the other hand, is not clear regarding the «dimensions/nature» of this imperative character and the question remains open whether it is only about the amount due and the way of its calculation /certainly imperative/ or about the way of payment of cases of the partner. Therefore, the question arises as to whether it is mandatory to satisfy the departed partner only by paying a sum of money or the property issues related to the relationship can be resolved using assets of a non-monetary nature as well, on the basis of mutual agreement between the parties (the partner as creditor and the company as debtor). It seems that the law is not clear enough on this point.