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Varadinov & Co.
Legal Bulletin

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Cadastre and Property Register Amendment Act – “State Gazette”, 49/13.06.2014

Improvement of legal framework, concerning the implementation of activities for creating, approving and maintaining the cadastral map and the cadastral registers, easier ways of servicing natural and legal persons with data from the cadastre, protection against bureaucratization of the process and application of corrupt practices. More->

2012-06-19

The recent amendments of the Penal Code transpose the Directive 2009/52/ЕC of the European Parliament and the Council of 18.06.2009 providing on minimum standards on sanctions and measures against employers of illegally staying third-country nationals. More->

2012-06-19

Two new chapters have been introduces into the Commercial Navigation Code – regulating the responsibility of the ship owners for damages caused by pollution with ship fuel as well as the insurance of the ship owner for maritime claims. More->

Series of amendments of the Labour Code have been enacted to regulate the personnel leasing (work through an undertaking which provides temporary employment), the working from home as well as the working from distance using information technologies.
Some of the specific conditions for leasing of personnel include: the employer lessor of personnel is allowed to lease to the employer - lessee up to 30% of lessor`s total number of employees. The labour contracts shall be concluded for a temporary period of time respectively – until the completion of a certain task or in cases of substitution of an employee absent from work – until his/her return.
The leasing of personnel shall not be admissible: i) for the first and second category of work; ii) in undertakings related to the national security and defense; iii) in undertakings on strike.
The law prohibits the stipulation into the lease contract of any limitations for the employer lessee and the leased employee to enter into labour relationship - both during the effect of the lease contract and after the end of the leasing period.
The undertaking which provides the temporary employment shall not be entitled to require a payment of a fee by the leased employee for the collaboration for finding a job into the lessee undertaking.

The new Gambling Act entering into force in the end of June 2012 will introduce for the first time in Bulgaria a regulation of the gambling from a distance performed through telecommunication equipment, whereby the participants gamble directly through internet or other electronic communication means. The law provisions require the location on the territory of the country of a controlling local server storing all the data related to the offering of gambling services, the games and the participants from the Bulgarian territory. The specific requirements also provide for direct access to the data stored on the server for the National Revenue Agency, Ministry of Interior and the Commission on Gambling.

An article regarding the enterprise liability in insolvency proceedings in Bulgaria written by the Managing Partner of Varadinov and Partners Javor Varadinov and the associates in Varadinov and Partners Yanislava Chankova–Docheva and Zoya Zlatkova has been published in The European Lawyer Reference, Multinational Enterprise Liability in Insolvency Proceedings, Jurisdictional comparisons, Second edition 2010, General Editor J. William Boon.

An article regarding the Bulgarian Employment and Labour Law written by the the associates in Varadinov and Partners Yanislava Chankova–Docheva and Yulia Vesselinova has been published in The European Lawyer Reference, Employment and Labour Law, Jurisdictional comparisons, Third edition 2010, General Editor Dame Janet Gaymer.

With the latest amendments of the Electronic Communications Act the number of the Regulation of Communications Commission’s members has been decreased from 9 to 5 and the duration of their mandate has been decreased from 6 to 5 years. These amendments are part of a program for optimizing the public administration expenditures announced by the legislative and executive authority.

A number of important amendments have been introduced in the Design Act. The state register of industrial design shall be published on the internet site of the Patent office as of the date 11th February 2011.
A possibility for a delayed publication of a design registration has been instituted. The applicant of a design shall be entiteled to request a delayed publication of the design registration together with the application, in case that the design will be registered within a term of 30 months as of the date of the application submission, respectively as of the priority date. More detailed rules for the submission of an international application have been provided for.
The applications for design registration shall be submitted via post, fax ot Internet as of the date 11th of February 2011.

Limits in the amount of the managers’s remunerations in trade companies with state participation in the capital have been provided as of the date April 1st, 2010. The total amount of the remuneration of the members of the board of directors, the supervision and the managing boards of the sole owned joint stock companies with state participation shall not exceed five times the amount of the minimal monthly salary, defined in the countru for the respective month (currently BGN 240). The total amount of the remuneration of the executive members and the managing boards members authorized to represent the company shall not exceed ten times the amount of the minimal monthly salary. The total amount of the remuneration of the managers of sole owned limited liability companies shall not exceed seven times the amount of the minimal monthly salary, and the controller’s remuneration in such companies - four times the minimal monthly salary.