1. All documents in compliance to which/ on the grounds of which the Registration Agent shall conduct the service of its clients /respectively originals or certified copies/,are required and kept with Registration Agent. Registration Agent shall order in the Central Depository the respective activities electronically according to the established manner of communication with the Central Depository. Upon demand, Registration Agent is obliged to provide the respective documents within the term specified by the Central Depository.
2. Transfer of securities.
All transfers – donation, inheritance, sale and other transfer against payment of securities of companies and compensatory instruments listed on the floor of Bulgarian Stock Exchange shall be registered by the Registration Agent at the relevant segment of the Bulgarian Stock Exchange. In any other cases the transfer is out of counter.
Registration Agent shall order transfer of securities based on:
Sale and purchase agreement between the parties of the transaction certified in front of notary. Original or a transcript of the agreement certified in front of notary shall be kept with the Registration Agent;
Order for transfer of securities signed by transferor – Form 02/E05.
Documents under Enclosure 4(E04) – Legitimation and Representation Procedure, of the transaction parties.
Original document certifying the ownership on the securities, subject of the transaction / depository receipt, interim share certificate/.
After verification of the documents under p.2.2, in case the transaction is admissible, the Registration Agent:
shall register the persons – parties of the transaction as its clients with the Central Depository and shall open them client accounts / in case they have not been registered as such/– message МТ 599.
In case the securities of the transferor are in personal account, the Registration Agent shall order their transfer to a client account of the transferor – messages МТ540 and МТ542.
In the presence of the circumstances under p.2.3.1 and p.2.3.2 the Registration Agent shall order transfer of the securities – messages МТ540 and МТ542.
Transfer of securities from donor’s account to the account of the person receiving the donation shall be performed on the basis of:
Donation Agreement in writing, where the signatures shall be certified in front of notary. Original or a transcript of the agreement certified in front of notary shall be kept with the Registration Agent.
Order for transferring the securities, subject of donation, signed by the donor – Form 02/П05. The order shall be filled in by the donor and shall be signed in front of an official of the Registration Agent;
Documents under Enclosure 04(E04) – Legitimation and Representation Procedure, of the parties of donation.
Original document certifying the ownership on the securities, subject of the donation / depository receipt, interim share certificate, electronic message by the Central Depository for availability of securities/.
Certificate of paid tax, if due. /It is not required in cases under Art.31, para.2 and Art.44, para.5 of LLTF./
After verification of the documents under p.3.1 and in case the transfer is admissible, the Registration Agent shall order the transfer of the securities, subject of donation, under the procedure of p.2.3.
4. Transfer of securities in case of inheritance/except for inheritance by testament/legacy/
Securities from the account of legator to the accounts of the heirs shall be transferred on the basis of:
Certificate of heirs.
Request for a check-up for securities held by legator– Form 06/E05, signed by all heirs or persons authorized by them.
Agreement for voluntary partition between all heirs according to Certificate of heirs, where the signatures shall be certified in front of notary. Based on the check-up under p.4.1.2 the agreement should cover all securities, subject of inheritance except those being subject of inheritance by succession of legacy. The order under p.4.1.4 shall be signed only by the heirs who shall be granted a share according to the agreement of voluntary partition.
Order for transfer of the respective shares of securities from the account of the legator to the respective accounts of the heirs signed by all heirs or persons authorized by them Form 03/E05.
Original document certifying the ownership on the securities, subject of inheritance /depository receipt, interim certificate/. In case the heirs do not possess such document, they shall provide a statement free style for this circumstance. The statement shall be signed by the persons under p.4.1.2.
Certificate of tax paid, when due.
In case an heir is represented by a person authorized by him, the power of attorney shall specify explicitly the actions that may be performed by the authorized person on behalf of the authorizing party. The power of attorney shall meet the requirements under Art.36 of Regulation №1 on requirements to the activities of the investment intermediaries.
After verification of the documents under p.4.1 the Registration agent shall:
submit to the Central Depository application for a check-up in respect of securities hold by legator and for their blocking – message МТ599. The Central Depository shall provide the check-up on hard copy and shall submit it to the Registration agent as well as shall block the securities, subject of inheritance.
submit the check-up prepared by the Central Depository to the heirs.
In compliance with the agreement of voluntary partition between the heirs, shall order transferring of the respective shares of securities from the legator’s account to the respective accounts of the heirs – messages МТ540 and МТ542. Transfer of securities to an account of each of the heirs shall be ordered by separate message.
In case the legator is not a client of the Registration agent, upon receipt of message МТ599 under p.4.2.1, along with blocking the securities, being subject of inheritance, the Central Depository shall register the legator as a client of the Registration agent providing ex-officio a number to him.
Registration agent should register the heirs who shall receive a share under the voluntary partition agreement as its clients and open them client accounts.
Registration agent shall submit to the Central Depository message МТ545 and message МТ542 for transfer of the respective shares of securities, subject of inheritance, to the respective client accounts of the heirs. Upon receipt of these messages the Central Depository shall open client accounts of the legator with the Registration agent and shall credit them ex-officio from the respective accounts of the legator respectively opened in Register A or with other Investment intermediary. The official opening of accounts of the legator and transferring of securities to these accounts are at the expense of the Registration agent which shall be charged by the Central Depository with the respective fees.
In case accounts with securities subject of inheritance have been opened with an investment intermediary and these securities have been ex-officio transferred under the procedure of p. 188.8.131.52, the intermediary shall be advised electronically that these transfers are in regard to the activities performed by the Registration agent.
In case an heir is represented by a person authorized by him, the power of attorney shall specify explicitly and fully all the actions that may be performed by the authorized person on behalf of the authorizing party. The power of attorney shall meet the requirements under Art.36 of Regulation №1 on requirements to the activities of the investment intermediaries.
5. Transfer of securities in case of inheritance by testament/legacy.
In case of inheritance by testament/legacy, the Registration agent shall require all the documents specified below to be provided to him:
Certificate of heirs;
Transcript, certified in front of notary, of an autographical or notaries testament prepared in style and containing all the requisites as required under Inheritance Act.
Notary Protocol for announcement of testament;
Certificate of paid inheritance tax if needed;
All documents except identity documents shall be provided in original or a transcript certified in front of notary.
Documents shall be signed and certified at each page by the heir-applicant, the person received the documents and a person from the internal control department under the procedure established by Regulation № 1 on the requirements to the activities of the investment intermediaries. The person from the internal control department shall prepare a document for verification of the circumstances carried out under Art. 37 of the Regulation.
The Registration agent shall submit to the Central Depository a request for a check-up and blocking of the securities – portfolio and order for transfer by form. All documents in regard to the transfer shall be kept with the Registration agent. The relationships between the persons, ordering transfer of the securities on the grounds of testament order/succession by legacy and the Registration agent shall be governed by agreement.
In case of litigation of the inheritance, of caused material and intangible damages of the Central Depository, affecting the Depository reputation as well as any other claims related to the inheritance, the Registration agent and the heirs/testator shall bear responsibility in front of the Central Depository for its actions. In such cases, pursuant to a decision of the Board of Directors, the Central Depository can require collaterals and compensations, as well as the measures under Art. 17 of Rules and Regulations of the Central Depository to be applied, incl. termination of membership agreement and Registration Agent agreement.
Registration agent shall be notified by the Central Depository on the legator’s portfolio – Form 06а/E05 and shall advise the heir-applicant only for the amount of the share he shall receive from the securities hold by the legator as specified in the testament/legacy. The Registration agent shall not advise the heir about the total availability on the legator’s accounts.
According to the testament/legacy, the Registration Agent shall order transferring the respective shares of securities from the legator’s account to the respective accounts of the heirs – messages МТ540 and МТ542. Separate message shall be submitted for the transfer on an account of each one of the heirs based on Form 03а/E05.
After receipt of the order, the Central Depository shall transfer the ordered securities, individualized by type, number, ISIN code. In case the availability on the legator’ account is below the requested one, the Central Depository shall transfer only the securities available in the register of the Central Depository.
All transfers in case of inheritance by testament/legacy of shares of public companies, compensatory instruments and investment vouchers shall be registered by the Registration agent on the respective segment of the Bulgarian Stock Exchange.
Registration agent shall perform its activities in regard to transfers in case of inheritance in conformity with all effective regulations and requirements while acting with professional care and in good faith.
In cases of transfer of securities in case of inheritance by testament and succession by legacy subsidiary the general provisions under p.4 shall apply.
6. Change of personal data.
Investors in dematerialized securities registered with the Central Depository can request changing of their personal data entered in the registers of the Central Depository through the Registration agent by providing the following documents:
Application for change of personal data – Form 04/E05. In case the documents are provided by authorized person, a power of attorney in which the actions the authorized person may perform on behalf of the authorizing party shall be explicitly specified as well as the identity documents of the representative shall be submitted. The power of attorney shall meet the requirements under Art.36 of Regulation №1 on the requirements to the activity of the investment intermediaries.
The documents under Enclosure 04(E04) – Legitimation and Representation Procedure.
All original documents certifying the ownership on dematerialized securities /depository receipts/.
In case of change of EGN data, a certificate of the names and EGN of the persons issued by ESGRAON office or Civil Status Department with the respective municipality.
Court order or other act for changing the name /Marriage Certificate/ in case the personal data are changed by such acts/certificates.
On the basis of the submitted documents, the Registration Agent shall perform the following actions:
6.2.1 Register the person under p.6.1. as his client by submitting to the Central Depository message МТ599, which shall include the data of the person as registered with the Central Depository /the wrong data of the person/.
6.2.2 After submission of the message under p.6.2.1 the Registration agent shall submit again to the Central Depository message МТ599, which shall include the identification number of the message under p.6.2.1, the correct data of the person, sub-identifactor for correction /”DUPL”/ and the respective code of changing the data. Separate message shall be submitted for each one of the changes.
Codes for change of personal data:
101 – Change of NAME AND ADDRESS;
001 – Change of ADDRESS;
100 – Change of NAMES;
010 – Change of EGN or BULSTAT;
011 – Change of EGN and ADDRESS or BULSTAT and ADDRESS;
6.2.3. After successful registration of the data from the message under p.6.2.2 the Central Depository shall submit electronic message to the investment intermediaries having the person as its client and shall print depository receipts of the securities owned by the person in personal accounts. The depository receipts shall be provided to the Registration agent in order to be delivered to the person.
6.2.4. Personal data of clients holding compensatory instruments shall not be changed through Registration agent. Correction of data of such clients shall be carried out under procedure established under LTCI and Regulation on the activities of the Central Depository in respect of registration OF the issuance, transactions and payments by compensatory instruments – Chapter ІV.
184.108.40.206. In case one and the same person owns compensatory instruments and other types of securities, the change of the data in the registers of the Central Depository through Registration Agent shall be performed only in respect of the other types of securities.
7. Issuance of a duplicate of depository receipt.
7.1. Duplicate of a depository receipt shall be issued on the basis of the following documents:
7.1.1. Application for issuance of duplicate of depository receipt – Form 07/E05
7.1.2. Identity documents under Enclosure 04(E04) – Legitimation and Representation Procedure.
7.1.3. The documents for issuance of duplicate shall be handed in to the Registration agent personally by the securities owners; their handing in by an authorized person is not allowed in order the security and interests of the investors to be ensured.
7.2. Based on the documents under p.7.1 the Registration agent shall submit to the Central Depository message МТ59 for requesting issuance of duplicate of a depository receipt for the securities owned by the holder in a personal account from the respective issue.
7.3. The Central Depository shall submit electronic message to the Registration Agent with the result from the processing of the message under p.7.2, and in case the data in the message correspond to the data in the registers of the Central Depository, it shall print a duplicate of the depository receipt.
7.3.1. The depository receipt shall be provided against signature to an authorized official of the Registration agent.
8. Preparing of portfolio check-ups
8.1. Portfolio check-up shall be prepared on the basis of the following documents:
8.1.1. Application for check-up of portfolio status – Form 05/E05.
8.1.2. Identity documents under Enclosure 04(E04) – Legitimation and Representation Procedure.
8.2. Based on the documents under p.8.1 the Registration agent shall submit to the Central Depository message МТ599 for issuance of the respective portfolio type.
8.2.1. Codes for preparing check-ups for availabilities on accounts of clients
72-Check up for availabilities in accounts
73-Extended check-up for availabilities in accounts – includes also the numbers of the intermediaries where the accounts are opened/;
75-Check up for portfolio of candidates for professional investors;
81-Application for check up and blocking in regard to inheritance procedure;
85- Application for check up and blocking in regard to inheritance procedure by testament/legacy
8.2.2. For receiving of extended check-up for a portfolio including data of the investment intermediary with availabilities on client accounts of the holder, the holder should authorize one particular official of the Registration agent, by a power of attorney certified in front of notary containing notary certification of the signature, to receive the extended check-up from the Central Depository.