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Compulsory liquidations delay for unknown reasons

The Commercial Register Act was clear enough “all companies which don’t re-register by 01.01.2012 are subject to compulsory liquidation by the state”. 1st Jan has passed and there’s no sign of the Registry Agency to have initiated any liquidation. There is even no official statement, neither to the public, nor to all the liquidators who are listed with the Agency.

Naturally the Agency don’t respond their officially announced phone numbers (more than 10!), nor they reply to official emails. Now that’s what I call public service.  That comes with no surprise, having in mind the 6th Feb 2012 Interim Report from the European Commission where EU criticises the Judicial reform as lacking any progress. The Registry Agency is part of the Ministry of Justice so no wonder there is no sign of applying the law..

When initiated (hopefully sooner), the liquidation will create huge mess. The database web servers of the Agency are not prepared for the huge document traffic that will be generated. Resent statements by the Agency confirmed their IT power cannot handle huge network traffic and date processing. That was confirmed in practice yesterday, where the website of the Commercial register stopped functioning for one whole day. Whole business sector just seized to function for one day.

 

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If your company is subject to compulsory liquidation

  • 31.01.2012
    • , by 
  • by Milen Hristov
  •   5 Comments

The deadline for re-registration has passed. Now all companies that have failed to meet the deadline will be liquidated. Most Britons have registered companies as holdings of their property in Bulgaria. the compulsory liquidation will put their properties on tender and will sell them before the company is closed. So what they can do?

Make sure you have someone to check your company file on a regular basis. This way you can find who is appointed by the Commercial register as a company liquidator. Once you know his details, you can contact him and discuss with him the options to transfer the property to the company owner without actually putting it on tender. This is one of the options the Commercial Act gives to the company owners i.e. instead of cashing the company assets, the liquidator can distribute the assets to the shareholders after he has paid the liquidation expenses, taxes and liquidator’s remuneration. you need to be persistent on this, since not every liquidator will agree to do it. Therefore it is advised that you hire a solicitor to negotiate on your behalf.

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The mass liquidation of companies in Bulgaria

The mid year passed and the deadline for re-registration all Bulgarian companies is fast approaching. January 2011 will become nightmare for company owners who haven’t reregistered. Their companies will be forced into liquidation by the court and the all company assets will be sold on public tenders. Moreover, the court will appoint a liquidator and the company owner will have to pay their monthly salary. IF the company assets are not enough, the company owners will be liable for both company debts and for liquidator’s salary.

Therefore we strongly urge all foreigners who still haven’t reregistered their company to do it as early as possible.

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