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Proposal for the organizational structure of the Electronic Registries Center (ERC)
Registration and certification procedures
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The Electronic Registries Center could be established as a legal entity, budget-financed with a central authority (the Ministry of Justice, the Ministry of Economy, the Ministry of Finance, etc.), seated in Sofia. It should be managed by a director, appointed by the respective Minister. The Minister will issue Rules on the Structure and Operation of the Electronic Registries Center, which may include rules on keeping particular constitutive registries as well. The Center (and until its establishment – the Central Register of Legal Persons) will have registration offices on the District Courts’ premises; the officials at the Central Register of Legal Persons and the Electronic Registries Center will have the status of civil servants in the administration.
The registers, integrated in the Electronic Registries Center, will be public and everyone will be able to make an inquiry or receive a document certifying the existence of a certain entered circumstance. For the entry, the fulfillment of inquiries and issuing certificates a state fee has to be paid at a rate, fixed in a tariff, approved by the Council of Ministers.
The entry and certificate issuance will be carried out by registration officials following application by the concerned person. The evidence for the existence of the circumstances whose entry is demanded, respectively the acts which are subjected to entry and the evidence that the state fee is paid should be appended to the entry application.
Registration can be refused only on grounds explicitly enumerated in the law. These grounds will vary for the different filing procedures in each constitutive registry, depending on whether it is acts or circumstances that are entered and on the scope of the preliminary check assigned to the respective register by the law. Thus, entry in the Central Pledges Register can be refused only if the application does not have the required contents or the state fee has not been paid. Entry in the Register of Not-for-Profit Legal Persons would be denied if any of the necessary circumstances do not exist or their entry is not requested, or the existence of any of the circumstances whose entry is requested cannot be ascertained by the appended documents, or if the state fee has not been paid.
Registration refusals will be subject to appeal under an administrative procedure before the respective Minister. The Minister’s refusal will be subject to appeal under the procedure specified by the Law on the Supreme Administrative Court.
The transition to a Central Register of Legal Persons and an Electronic Registries Center would increase the efficiency of the registration system and would minimize the range of corrupt practices accompanying registration and obtaining information. | |
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