Certification of Documents before a Bulgarian Consul or How to Avoid an Unnecessary Headache
Under Bulgarian law, there are different forms required for the validity of documents – simple written form, notarization of signature, notarization of both signature and content and notary deeds. The validity of contracts and declarations depends on compliance with the required form, which makes it extremely important in a dynamically developing business environment where there is no room for error and waste of time.
The authority to notarize documents lies with notaries and where none are available in a certain area – with the mayor or another local authority.
Some of these “exclusive” powers held by notaries are also delegated to Bulgarian consular officials abroad, subject to compliance with the restrictions set forth in the law. This delegation of powers stems from the globalization of the world and the facilitation of business, which increasingly transcends national borders.
Why does such delegation save you at least one headache? By law, consuls can certify various documents, except for the ones subject to registration in the Property Register.
In other words, for example, if you wish to sell or acquire shares in a Bulgarian limited liability company, in order to spare traveling to Bulgaria to certify a document before a Bulgarian notary, you can resort to the following options, instead:
Option A) Certify the document before a Bulgarian consul in the required form;
Option B) Certify the document before a foreign notary in the required form;
Option C) Authorize a proxy before a consul or a foreign notary to conclude the transaction in Bulgaria, on your behalf.
Advantages of Option A over Option B: you save the costs of legalized translation of the certification and attachment of apostilles since the consul certifies the document in Bulgarian and complies with the form required by Bulgarian law.
Why is this important? In our practice, we have encountered cases where it is necessary to certify both the signature and the content of a document. In such case, the client may approach a notary abroad, only to find that eventually such form of certification does not exist in that jurisdiction. As a result, the document is issued in the form available in that specific country, but still not covering the Bulgarian requirement for form. At the end of the day the document is unusable and we have to arrange alternative signing which delays closing.
To avoid complications with validity of documents and contracts, it is always best for you to have assistance from local counsel.