"Eurolex Bulgaria" Ltd. - Content

Spheres of consulting practice


Energetics

In the last few years “Eurolex” proved to be one of the most successful consulting companies in the sphere of energetics. The company works on big international projects with the Ministry of energetics and energy sources and the State commission for energy regulation (the regulatory organ in the sphere of energetics) for restructuring of the sector in correspondence with the modern market principles. Our consulting is directed to key issues like the electric energy market liberalization in Bulgaria, energy efficiency, development of a new market model etc. The company plays a substantial role in the creation of the new legal frame of the sector, by participating in the preparation of the draft for a new Energy Act and its harmonization with the requirements of acquis communautaire, as well as in the preparation of a great part of the sublegislative acts regarding the green certificate trade, specification and compensation of irretrievable costs, incentives for the use of renewable energy sources, etc.

Together with a big international consultant “Eurolex” participates in the development and application of the first Bulgarian model of a management contract for a heating company as an innovational approach for attracting international investments in this sector.

By the commission of the Ministry of regional development and public works “Eurolex” developed a strategy for the construction of small water-power stations, connected with the water and waste water systems. The company successfully develops its practice in this field, by offering legal consulting under the frame of specific investment projects for building of energy capacity on the water-supply system.

The company dynamically develops its consulting practice, connected with investment for construction of new energy powers, while providing its clients with full legal service in connection with the construction process and obtaining the necessary license for activities in energetics.


Water sector

“Eurolex” is the leading legal consulting company in the water sector in Bulgaria. As a result of its unique experience as a legal consultant and coordinator of the only Bulgarian projects for attracting the private business in water supply and sewerage services – in Sofia city (successfully concluded in 2000) and in the towns of Varna and Shumen region (in process of implementation) – Eurolex completely dominates the consulting services market in this sector. By the commission of the Ministry of regional development and public works the company took part in the elaboration of the National development strategy for the “Water supply and sewerage” sector, by preparing the chapters, devoted to the general regulatory frame, real right regime of the assets and the opportunities for attraction of private investment. At the moment the company is a leader of the international team, that prepares a new law for the regulator of water supply and sewerage services in Bulgaria under the frame of a World Bank project.

The company provides full legal service for investments of Bulgarian and foreign companies in the water sector, connected with construction of sites of water infrastructure, obtaining of permits for water use or for concessions on waters and hydroeconomic systems and equipment etc.

“Eurolex” has prepared tens of legal, finance, ecological and social analyses for different ministries and municipalities in connection with granting of concessions on mineral waters, dams, micro dams etc.


Telecommunications and media

The constantly developing practice of “Eurolex” in this sphere includes legal services in connection with the issue and change of license for telecommunication and radio and television activity, registration of radio and television operators, preparation and signing of advertising and sponsor agreements, representation before the Council for electronic media and the Commission for regulation of communication etc.

The company’s experience in this sphere includes also consulting international media companies in connection with their investment in radio and television on the territory of Bulgaria. The company also provides full legal service to some of the most popular Bulgarian radio operators.

The activity of “Eurolex” in the sphere of media also includes constant legal consulting for the trade activity of some of the biggest Bulgarian publishing houses.


Foreign investments

The company’s activity in this sphere includes legal service to big international companies, connected with the establishment and development of their business practice in Bulgaria and investment in multiple sectors of the Bulgarian economy. “Eurolex” services include: registration of trade representation and a branch of a foreign person, constituting companies with foreign participation, tax registration, intermediation for visa and work and stay permit issue, consulting in connection with determining and applying of tax and custom duty and avoiding double tax assessment, as well as complete service of the trade activity of the foreign investor in Bulgaria.

A great part of the company’s consulting activity is directed to investment by foreign persons and international organizations in immovable property in Bulgaria, a great part of which are connected with overcoming serious legal implications as legislative limitations for acquiring of certain real rights by foreigners, necessity of additional permits etc.


Privatization

One of the priority tendencies in the work of “Eurolex Bulgaria“ Ltd. is the consulting activity in the sphere of privatization, including organization and management of a number of successful participation of clients in competitive privatization procedures. At the same time “Eurolex” provides legal consulting to public persons in connection with privatization of their stocks or shares in trade companies.

The company’s activity includes performing legal analysis and assessments, preparation and submission of privatization offers, negotiations and signing of privatization contracts, as well as consulting, connected with their implementation and realization of the investment goals laid down in them. The privatization deals with the participation of “Eurolex” vary from obtaining assets of companies with tens of workers to privatization of basic enterprises and holdings with multiple subsidiary companies.


Project management

“Eurolex” is probably the only legal consulting company in Bulgaria, which performs complete management of big investment projects on behalf of public institutions. The company’s experience in this sphere comprises mostly projects in the sphere of transport, waters and energetics, financed by authoritative institutions like the World Bank, European bank for reconstruction and development, the Japanese bank for international cooperation, USAID, CIDA, etc. The company’s services include representation before financing institutions in connection with preparation and signing of credit or donor contracts, preparation of acts of state authorities (including the Council of Ministers and the National Assembly), necessary for the implementation of similar projects, coordination between project participants, preparation and conducting of tender procedures, participation in negotiations and signing of executive contracts, control over their implementation, representation before arbitration or court institutions related to debates over project implementation etc.


Financing and bank law

“Eurolex” provides legal consulting and carries out intermediary activity in providing bank financing for investment projects of trade companies or public persons. The company’s activity in this sphere includes preparation of credit and guarantee agreements, participation in negotiations, passing the necessary administrative procedures for taking effect of the deals, as well as preparation of the complete documentation, connected with signing and execution of the credit contracts. A substantial part of the company’s activity in this sphere includes projects with the participation of some of the biggest foreign and international financing institutions like the EBRD, the World Bank, the European investment bank, the Japanese bank for international cooperation, the Black sea bank for trade and development etc.

“Eurolex Bulgaria” offers its clients high quality legal help in connection with the occurrence and performance of their tax duties and performs representation in all phases of tax procedures. The company consults its clients on all matters, connected with the general and special tax registrations, determining the taxable corporative profit and personal income, preparation and submission of tax declarations and other tax documents, application of agreements for avoiding double taxation, refund of tax credit etc.


Company law

The company offers high quality legal service to Bulgarian and foreign companies in their everyday trade activity. The company’s services include preparation of Legal Status of Attorneyes and other constitutive documents, preparation and organization of constitutive meetings, registration of tradesmen and trade marks, implementation of license and registration regimes, connected with activity in different economic sectors, etc.

“Eurolex Bulgaria” provides legal consulting and cooperation to trade companies in different forms of change of their corporative structure or investment policy, as opening of branches and foreign agencies, creation of subsidiary companies and holding structures, change in the capital, management or object of activity, merges, separations and other transformations, etc.


Liquidation and insolvency

The company has substantial experience in the sphere of liquidation and insolvency of trade companies. By the commission of ministries and municipalities “Eurolex” has prepared legal analyses of companies in liquidation procedures, including the following matters: legal status, real right regime of the assets, contractual rights and duties, intellectual property rights, existing mortgages and other securities, restitution claims, plaints, terms of limitation, succession, liabilities etc.

The managing partner of “Eurolex” Mr. Andrey Delchev is in the list of persons, who may be appointed by the court for syndics in bankruptcy proceedings according to the Trade law, issued by the Minister of Justice and legal eurointegration (updated, State Gazette, No. 96 from 18.08.1998).

“Eurolex” consults and represents company creditors in open bankruptcy procedures in connection with raising their rights, their participation in the meeting and the commission of creditors, adoption of recovery plans, distribution of the cashed property etc.


Administrative law

The accumulated experience of the partners in “Eurolex” from their work in the state administration makes them one of the best specialists in the sphere of administrative law in Bulgaria. The company’s lawyers have often been engaged by different central or local authorities to provide institutional support to their administrations, including participation in the creation or change of the legal frame, regulating their activity, establishing new administrative structures, training officers, preparing administration acts, preparation and participation in procurement procedures, participation in the preparation of intergovernmental agreements etc.

The company successfully represents in all phases of the administrative process citizens or juridical persons, whose rights have been violated by irregular acts, issued by the state or public administration.

“Eurolex” practice includes also consulting Bulgarian and foreign companies in connection with the issue and modification of licenses and permits in various economic spheres, including energetics, the banking sector, gambling, electronic media, water use etc.


Construction and deals with immovable properties

The company provides consulting on all matters, connected with institution and transfer of real rights over immovable property, imposing securities on them, as well as with signing of long-term rental contracts. The company prepares detailed analyses of the legal regime of the property, connected with boundaries specification, their market value, function, possible arguments over property, presence of limited real rights, restitution claims, mortgages, and court preventive measures or other limited ownership, existing tax duties etc. Consulting services in theses spheres include also preparation of agreements and other documents, negotiations, as well as cooperation and participation in performing of all procedures before notaries and public authorities, necessary for coming into effect of the deals with real rights. The company’s lawyers perform representation before all court instances in arguments for ownership over immovable property, for observing obligations on rental contracts, as well as possessory actions.

“Eurolex” has been extremely successful in the construction investment process. The company consults and represents Bulgarian and foreign investors in all administrative procedures of planning and construction, including in connection with change of land function, preparation of cadastral maps, changes in structural and cadastral plans, issuing of visa for planning, approval of investment projects, issuing of building permits, opening of construction grounds, receiving permition for use, incorporation of servitudes etc.


Procedural representation and arbitration

The company’s lawyers perform procedural representation of physical and juridical persons before all court instances on civil and commercial affairs.

“Eurolex” has approved practice in the preparation of arbitration clauses and agreements for out-of-court settlement of arguments in big investment projects. The company had a leading role under the frame of an EBRD project for development of a complete model for alternative dispute resolution in connection with long-term agreements for providing community services.

Our lawyers successfully protect the clients’ interests under the frame of different international arbitration procedures, conducted by the rules of ICC, UNCITRAL etc.

The managing partner Mr. Andrey Delchev is an arbiter in the International arbitration court at the Bulgarian Chamber of Commerce and Industry.


Competition law

“Eurolex” represents trade companies before the Commission for protection of competition and the Supreme administrative court in arguments for unloyal competition, misuse with monopoly position and forbidden agreements. The company consults and prepares procedures for joints and merges of companies in view of their correspondence with the competitive legislation.


Health care

The practice of the company in this sphere includes complete legal service to health institutions and pharmacies. “Eurolex” was a legal consultant at the signing of the rental contract for the hospital complex of the Third obstetrician-gynecological hospital, which is the first successful deal in Bulgaria with a public health institution.

“Eurolex” consults and prepares tender documentation of applicants for privatization of hospital institutions.

As a part of the complete legal service, the company’s team of accountants and specialists in the insurance law provides to its clients high quality services in connection with determining and assessment of the due health insurance payments.


Environment

Since its establishment in 1997 the company participates in many activities, connected with environment protection. “Eurolex” works together with nongovernmental ecological organizations for project implementation in the sphere of stable development, protection of biological diversity, basin water management, information access on ecological matters etc. Company’s representatives regularly participate with reports and presentations in Bulgarian and international ecological forums.

“Eurolex” consults different state bodies in connection to their plans, programs and actions, with a possible negative ecological effect. The company participates in the preparation of a number of legislation acts in the sphere of environment.


Tourism

This is one of the most successful and dynamically developing spheres of consulting in “Eurolex” experience.

The company consults Bulgarian and international investors in connection with privatization of existing and the building of new hotels and hotel complexes near the Black sea and in the most prestigious Bulgarian mountain resorts.

As a part of its consulting activity in the water sector, “Eurolex” has many times prepared for the competent state bodies legal, financial, ecological and social analyses in connection with granting concessions for beaches, as well as concessions and permits for mineral water use in tourist healing complexes.


Legislation

As a result of the long experience of “Eurolex”’s partners on high expert positions in the administration of the Council of Ministers and other state departments, the lawyers of “Eurolex” participated in the creation of a big part of the Bulgarian legislation in the period from 1991- 1997. In the past few years the company successfully continues its activity in the legislation, participating in the preparation of the Law for waters, Law for the value added tax, Law for regional development, Draft law for obligatory reserve of petrol and petrol products, Draft Law for Regulatory commission for water supply and waste water services, changes in the Law for state property, the Law for the public property, the Law for excise duties etc., as well as tens sublegislative normative acts.


Non-profit companies

“Eurolex” is one of the few consulting companies in Bulgaria, which place for their priority the legal service for noncommercial juridical persons. The company’s activity in this sphere comprises preparation of constituent documents and registration of associations and foundations, legal service for everyday activity, tax consulting, mediation in the relations with public institutions and donors, process representation etc.