Under the version of paragraph 25(1) of the transitional and final provisions of the Non-Profit Legal Entities Act discussed here, non-profit legal entities in existence on 01.01.2018 were required to apply for re-registration in the Registry Agency’s register of non-profit legal entities by 31.12.2020. This was the deadline in that version of the legislation. Re-registration meant entering the entity and the relevant particulars in the Agency’s register on the basis of an application and a certificate of current registration status. The court had to state the entity’s BULSTAT code in the certificate, which had to be issued after the legislation came into force and give full details of the particulars then registered. The application also had to include the current founding instrument or statutes on file with the court, certified by the registration court or by the legal representative of the association or foundation. Under paragraph 84(2) of the transitional and final provisions of the ordinance amending Ordinance No. 1 of 14.02.2007 on the keeping, storage and accessibility of the Commercial Register and the register of non-profit legal entities, foundations applied for re-registration using form A16.<\/p>\n
Article 33\u0441 of Ordinance No. 1 of 14.02.2007 provides for the same form, A16, for the initial registration of a foundation in the Commercial Register and the register of non-profit legal entities at the Registry Agency. Paragraph 84(3) of the transitional and final provisions of the ordinance amending Ordinance No. 1 of 14.02.2007 identifies the particulars distinguishing an application for initial registration from one for re-registration. An application for re-registration had to contain the particulars specified there; without them, it was to be treated as an application for initial registration.<\/p>\n
Under Article 62\u043b of Ordinance No. 1 of 14.02.2007 on the keeping, storage and accessibility of the two registers, annual financial statements and activity reports are filed for publication using form \u04132 (G2), accompanied by the document to be published and evidence that the requirements for its adoption have been met. Under the wording of Article 40(3) of the Non-Profit Legal Entities Act discussed in this article, the foundation’s annual report and financial statements had to be submitted for publication in the Registry Agency’s registers by 30 June of the year following the reporting year. That provision took effect on 01.01.2018. The reporting duty therefore applied even if the foundation had not yet been re-registered. The 30 June date describes the historical rules, not the current filing deadline.<\/p>\n
Given the specific requirements of proceedings before the Commercial Register and the register of non-profit legal entities kept by the Registry Agency, it is advisable to consult a lawyer before applying for an entry.<\/p>\n
This article does not provide a legal opinion or advice about any particular person or situation. For legal assistance in an individual case, consult a lawyer.<\/em>
\n