As 1st of January 2018 the major change in the NPLEA introduced a new Register of Non-Profit Legal Entities with the Registry Agency to the Ministry of Justice (“the Register”).
Terms and re-registration
All currently registered non-profit organisations are required to apply for re-registration under the new NPLEA until 31st December 2020. Within this period, everyone has the right of access to information on non-profit legal entities which have not been re-registered, at the registers kept with the respective district courts. These courts shall issue certificates of good standing, as well as copies of the documents on the basis of which the entries have been made. Also, until the expiry of this period the Ministry of Justice shall maintain a public database of the non-profit legal entities operating in the public interest that have not entered an application for re-registration.
The re-registration in the newly introduced Register is free of charge and the name of the legal entity remains the same. The re-registration itself is performed on the basis of an application and a certificate of good standing issued after 1st January 2018. The certificate shall contain full details of the currently registered circumstances.
In addition to this, re-registration can be also performed “on the basis of an act issued by a judicial or another state body, by a private bailiff, or upon application by an interested party, if they have been authorized by law to request for entry, deletion or submission at the register”. In this case, the Registry Agency requires that the district court of the registration of the non-profit organisations should issue a certificate of good standing. It shall be issued within three days as of the date of the request and the court of registration shall immediately (ex officio) send it to the Registry Agency for free, as well.
Pending registration proceedings
The registration proceedings that have been pending prior to the entry into force of the new NPLEA shall be subject to conclusion by the court according to the current procedure.
Circumstances subject of entry
The following shall be submitted to the Register:
- the name of the legal entity;
- the purposes and the means of their achievement;
- the registered seat and headquarters’ address;
- the managing bodies;
- information on the branches and other circumstances;
- the constituent act;
- the statute (the articles of association of foundations);
- resolutions for changes in any circumstances;
- financial statements and others.
As far as non-profit legal entities operating in the public interest are concerned and in compliance with the new requirements, an activity report shall be submitted to the Register, containing particular data, as enumerated by the law.
The term for registration/notification of new facts subject to entry is one month as from their occurrence.
The procedure for convening of General Assembly is changed, as well. Invitations shall from now-on be published in the Register, not in the State Gazette as required in compliance with the former NPLEA.
The provision of legal services regarding non-profit legal entities is among the key areas of expertise of our law firm. The diverse experience and the knowledge we have gained in the working process in this area, as well as the in-depth comprehension of the regulatory regimes’ specifics relevant to foundations and associations, reinforce the basis of the high-quality legal assistance that we can offer for the purposes of re-registration of non-profit legal entities.
The article above is intended for information purposes only by drawing your attention to the newest legislative decisions applicable to non-profit legal entities. It should not be construed as (binding) legal advice. For a thorough understanding of the subjects covered and prior acting on any issue discussed we kindly recommend Readers consult Ilieva, Voutcheva & Co. Law Firm team.
Please feel free to contact us for more detailed information on the subject matter.