The Implementing Regulations to the Foreigners Act have been adopted. What now awaits trade representatives?

Only one thing changed: long-term residence permits began to be issued for six months only, and it was not until June that the issuance of one-year permits resumed. Everyone was waiting for the Pravilnik — the document governing the application of the law.

The Pravilnik was finally published in “Държавен Вестник” on 27.06.2017. Now representatives wishing to obtain a long-term residence permit must submit to the “Migration” department of the Ministry of the Interior a certificate of the new type, issued by the Bulgarian Chamber of Commerce and Industry (BCCI), stating that the document complies with the circumstances set out in Art. 24, para. 1, item 6 of the ЗЧРБ.

What does this mean in practice? From now on, certificates will be issued by the BCCI only after the submission of documents proving:

• The current status of the parent company (an extract from the unified state register of legal entities)
• The parent company’s activity for the previous year, with its economic indicators.
• The absence of tax liabilities.
• The necessity of the representative office’s existence.
• The existence of premises for the representative office.
• The existence of a work plan for the representative office.

It is obvious that gathering all the required papers within a short time is extremely difficult, especially from another country, so it is advisable to prepare in advance for the next submission of documents for renewal. On average, preparing the full set of documentation takes about a month, allowing for postage and the necessary translations with legalisation.

Which documents does the BCCI require?

The information letters that the Bulgarian Chamber of Commerce and Industry sends to the e-mail addresses of representative offices set out the list of documents that must be submitted in order to obtain a certificate bearing the coveted note. They are:

1. Confirmation of the parent company’s activity for the past year. It is sufficient to submit one of the following documents:

• • A copy of the balance sheet and the income/expenditure statement for the previous year, certified as a true copy of the original, bearing the seal and the notarised signature of the foreign company’s legal representative, with a translation into Bulgarian.
  • A declaration in the form provided by the BCCI, bearing the notarised signature and seal of the foreign company’s legal representative (translated into Bulgarian). The declaration must contain data for the previous year on the company’s activity in terms of its main economic indicators and financial results, with a translation into Bulgarian.
  • A declaration bearing the notarised signature and seal of the foreign entity’s legal representatives, stating the web address of a publicly accessible electronic database in English that contains the foreign entity’s accounting report for the previous year (for verification by the accounting department of the “Търговски регистър” at the BCCI).

2. Proof of payment of taxes. It is sufficient to submit one of the following documents to the BCCI:

• • A certificate of no outstanding liabilities, issued by the competent state authority in the country where the parent company is located, in accordance with national law, duly certified, with a legalised translation into Bulgarian.
  • A declaration bearing the notarised signature and seal of the foreign company’s legal representative, stating the web address of a publicly accessible electronic database in English maintained by the state authority competent — under national law — in the country where the foreign company is located.

3. A justification of the need to open a trade representative office, setting out the aims and objectives of the office, bearing the seal of the foreign company and the notarised signature of its legal representative, with a translation into Bulgarian.

4. Annual programmes for the current and the following year, setting out the actions to achieve the stated aims of the trade representative office, bearing the notarised signature of the foreign company’s legal representative. The document must justify the number of company representatives. With a translation into Bulgarian.

5. A copy of the office lease agreement (in Bulgarian or with a translation into Bulgarian) for a period of not less than one year from the date of submission of the documents for the issue of the certificate. Or a document confirming ownership of a property that may be used as the trade representative office, with normal working conditions. The document is certified by the foreign company’s legal representative.

Only if these documents are submitted will the trade representative be issued a certificate bearing text confirming that the document complies with the ЗЧРБ (the Foreigners Act). Without this note, the certificate will not be accepted by the migration service.

No information has yet been received as to whether the time frames for producing the certificates, or the cost of the BCCI’s services, will change.

For further advice you can contact the Bulgarian Expert office directly or use the “Contacts” section of our website.

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