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  ПРАВИЛНИК Untitled Document
Enclosure 4(E04) – Legitimation and Representation Procedure  
     
 
LEGITIMATION

1. Applicant shall identify its type /legal entity or physical person/ for which it shall provide documents. The documents shall be verified and compared and their copies shall be kept with Registration Agent. The Registration Agent shall compare the data and signatures in all documents as well as the congruence of the person with the photo in the identity document.

Bulgarian physical persons – Original and copy of Bulgarian identity document certified by the person /identity card or passport/.

Foreign physical persons – Original international passport for entry in Bulgaria. The legalized original translation of the passport pages which shall contain the data specified below. This document shall be archived and shall be left at the desk.

· Full name;

· Passport number;

· Date of issue (if indicated in the passport);

· Date of expiry of the passport (if indicated in the passport);

· Nationality;

· Address (if indicated in the passport).

Copy of the passport pages containing the information and the photo of the foreign physical person, which have been translated.

Bulgarian legal entities /registered in Bulgaria/:

Original certificate of actual legal status from Companies Register or a copy certified in front of notary /validity not more than 3 months/.

Copy of identity code- BULSTAT number.

Original Bulgarian identity document (documents) of the person (persons) representing the legal entity according to the court registration.

Copy of the certificate of tax number of the company.

The registration agent should advise the applicant that Central Depository AD is not responsible in any cases of illegal transfers of securities.

Foreign legal entities/registered abroad/:

Copy of the act of registration in the original language.

Legalized translation (or legalized copy of the translation certified in front of notary) of the text of the registration act which shall contain the data specified below:

· Full name of the legal entity;

· Date of issue;

· Country of registration;

· Address of the legal entity;

· Name of the persons who are entitled to represent the legal entity.

In case the legal entity is registered in Bulgaria, copy of the certificate of the company tax number should also be provided.

REPRESENTATION

2. Representation can be established by court registration, by power of attorney certified in front of notary, by document for legal representative /parent, trustee, guardian/. The representative/authorized person shall provide documents proving the representation:

Representation of Bulgarian legal entities by their representatives according to court registration:

The representative should provide the whole personal information as a physical person according to legitimation procedures.

The representative should be a person or one of the persons entered in the act of registration. In case the legal entity is represented by two or more persons together, the representation shall be jointly performed.

Representation of foreign legal entities by their representatives according to the registration:

The procedure under p. 1.4. and p.2.2. shall apply.

Representation of Bulgarian legal entities by an authorized person:

Express power of attorney by the representatives of the company certified in front of notary. In case of vagueness, inaccuracy or other doubts for improper representation the power of attorney shall not be accepted.

The name of the person signed the power of attorney should correspond to one of the names according to the registration act. In case the legal entity is represented by two or more persons together, the power of attorney should be signed by all the representatives.

The authorized person should provide the whole personal information as a physical person according to legitimation procedures and copy of the identity documents of the representative (representatives) of the legal entity certified by him.

Representation of foreign legal entities by an authorized person:

Express power of attorney by the representatives of the company certified in front of notary. In case of vagueness, inaccuracy or other doubts for improper representation the power of attorney shall not be accepted.

· In case the power of attorney is certified in front of notary abroad, it shall be provided together with its official legalized translation.

· The name of the person who has signed the power of attorney should correspond to one of the names according to the registration act. In case the legal entity is represented by two or more persons together, the power of attorney should be signed by all the representatives.

The authorized person should provide the whole personal information as a physical person according to legitimation procedures and copy of the identity documents of the representative (representatives) of the legal entity certified by him.

Representation of Bulgarian physical persons.

Express power of attorney by the holder of the securities certified in front of notary. In case of vagueness, inaccuracy or other doubts for improper representation the power of attorney shall not be accepted.

The representative should provide the whole personal information as a physical person according to legitimation procedures and copy of the identity documents of represented person /authorizing party/.

Representation of foreign physical persons:

Express power of attorney certified in front of notary. In case of vagueness, inaccuracy or other doubts for improper representation the power of attorney shall not be accepted.

In case the power of attorney is certified I front of notary abroad, it shall be provided together with its official legalized translation.

The representative should provide the whole personal information as a physical person according to legitimation procedures and copy of the identity documents of represented person /authorizing party/.

Representation of infant physical persons (under 14 years):

Original and copy of the permit by the regional court at the place of residence of the parent (parents) for administrating the securities of the infant person according to Art. 73, Para 2 of Family Code.

Declaration certifying that the transfer is not a donation, waiver of rights, lending and guaranteeing the debts of third persons by pledge or endorsement which are considered null and void according to Art. 73, Para 3 of Family Code.

The legal representative /parent or guardian/ should provide the whole personal information as a physical person according to legitimation procedures:

Birth certificate, respectively a document proving the nomination of the person as a guardian – original and copy;

Representation of physical persons under age /at age from 14 to 16 years/.

Original and copy of the permit by the regional court at the place of residence of the parent (parents) for administrating the securities of the infant person according to Art. 73, Para 2 of Family Code.

Declaration signed by the parents certifying that they agree with the transfer and registration of securities under the specified terms in benefit of the infant person.

Certificate by the municipality council at the place of residence that the parents are not deprived of parent rights.

All documents and forms should be filled in according to the general procedure and shall be signed by the infant person and the representatives /parent or guardian/ indicating “agree";

The representative should provide the whole personal information as a physical person according to legitimation procedures, as well as a copy, certified by him, of the identity document of the infant person.

Declaration certifying that the transfer is not a donation, waiver of rights, lending and guaranteeing the debts of third persons by pledge or endorsement which are considered null and void according to Art. 73, Para 3 of Family Code.

Birth Certificate, respectively a guardianship document – original and copy;

Representation of physical persons under age /at age from 16 to 18 years/.

The requirements under p.2.8 shall apply in case the person is not contracted a marriage.

If the person under age is married:

· Marriage Certificate - original and copy.

· Identity document – original and certified copy;

· Declaration of the parents that they agree with transfer and registration of the securities under the specified terms.

Notice: In case additional requirements for legislation and representation are envisaged by enactment, they should be observed by Registration Agent nevertheless they are not explicitly specified in these procedures.