Commercial representation of a foreign legal entity in Bulgaria.

The commercial representation of a foreign person is not a legal entity. It cannot carry out business activities on its own behalf. The transactions concluded through its mediation are on behalf of the foreign person - the principal.

When these transactions are concluded with local persons for the needs of the commercial representation, they are carried out according to the procedure for carrying out transactions between local persons (in accordance with Art. 24, paras. 2 and 3 of the Investment Promotion Act).

Although the commercial representation is not a legal entity and does not have the right to carry out economic activity, it is subject to registration in the Unified Register of Business Entities BULSTAT. The commercial representation of a foreign person is registered in the Unified Commercial Register of the Bulgarian Chamber of Commerce and Industry (BCCI).

For registration of a commercial representation, an application is submitted to the BCCI in a standard form by the legal representative of the foreign person in person or by a person expressly authorized by him with a notarized power of attorney.

A fee is paid for the initial registration of a commercial representation of a foreign person in accordance with the Tariff for the prices of services provided by the BCCI. From the date of registration of the Commercial Representation with the BCCI, a 7 (seven) day period of obligation for registration in the BULSTAT register begins in accordance with the provisions of Art. 12, para. 1 and para. 4 of the BULSTAT Register Act. The entry in the BULSTAT register is carried out in the relevant registration office of the Registration Agency, located at the seat of the district court of registration of the trader.

Required documents from the foreign company:

1.  Decision of the management body  to open a commercial representative office in Bulgaria.

2.  Certificate of current status  – proves that the company exists and operates.

3.  Founding documents  – company charter/contract.

4.  Power of attorney  for the representatives who will act on behalf of the company in Bulgaria.

5. Copy of the personal documents of the representatives.

Requirements :

- All documents must be  certified with an apostille  (if the country is under the Hague Convention);

- Then -  translation into Bulgarian by a sworn translator .

-      Notarization of translations , if required.

STAGE I: Registration of a Commercial Representative Office (TR)

Authority: Bulgarian Chamber of Commerce and Industry (BCCI)

Procedure:

1. Submission of:

- Certificate of current status of the company

- Decision to open a TP

- Powers of attorney of representatives

- Address and contact details

- Signing an application (representatives may sign through a proxy).

- Obtaining  a certificate of registration of the TA .

Time frame : about 3–5 business days

STAGE II: Registration in the BULSTAT register (NAP)

Procedure:

With the certificate from the BCCI, an application for registration with BULSTAT is submitted. A UIC (uniform identification code) is obtained   , which serves as identification before all institutions in Bulgaria.

Deadline : 1–2 business days

STAGE III: Registration address (business and residential)

Requirements:

A TA must have  a real address  for carrying out its activities (even if it does not have any business activity).

Representatives must have  a residential address  for visa and residency purposes.

Solution:  Providing  a lease that covers both requirements (if the law allows) – the so-called  combined address .

STAGE IV: Procedure for obtaining a Type D Visa (long-term)

What is it for:

Allows representatives to enter Bulgaria for the purpose  of long-term stay  (over 90 days) and to apply for  a residence permit .

Required documents:

1. Certificate of registration of the trade association;

2. Rental agreement (residential address);

3. Letter from the employer (parent company);

4. Financial documents (certificate of income, funds);

5. Medical insurance;

6. Photos, forms, passport.

They are submitted to the Bulgarian  embassy or consulate  in the country where the candidate has permanent residence.

Issuance period : up to 60 calendar days

Validity period : 6 months

STAGE V: Residence permit (residence card) 

After entering Bulgaria with a D visa:

1.       Registration with the regional Ministry of Interior (Migration Service)  – address registration.

2. Submitting documents for  a residence permit .

3. Obtaining  a residence card  – usually valid for 1 year, subject to renewal.

Documents:

- All submitted with the visa + proof of address;

- Medical insurance;

- Letterhead + photo + fee;

Deadline : up to 14 days

Accompanying a consultant/translator is highly recommended.

Please contact the Kostov & Partners team for more details on the topic of commercial representation of a foreign legal entity in Bulgaria.