The company director is on trial: who can represent the company in Bulgarian criminal proceedings?
A director’s signature normally suffices for many acts on behalf of a company. If the company is participating as an interested legal entity in a criminal case against that director, however, the court must establish who can protect the company’s interests.
When does the court appoint a special representative?
Under the Bulgarian Code of Criminal Procedure, the court appoints a lawyer as special representative in circumstances that include the company’s legal representative being on trial in the case or charged in separate proceedings with the same offence in connection with which the company is participating. If there are several representatives, check whether they may act individually or must sign jointly. The lawyer defending the individual does not automatically represent the company.
Which documents should you provide?
Prepare a current register extract showing how the company is represented, its founding document, any powers of attorney and the court decision concerning the company’s participation. If the director has changed, note both the decision date and the registration date. Clarify who receives court notices and who may make applications for the company. If a hearing is approaching, raise any representation issue promptly and keep proof that you did so.
Legal source: Bulgarian Code of Criminal Procedure: representation of an interested legal entity.
For advice on your case, contact Mihail Tomov or another lawyer at Tomovi Law Firm.