Business & Corporate Lawyers in Bulgaria

Borissov & Partners

66 Cherni Vruh Blvd., Entr. b, Fl. 1
Sofia 1407
Bulgaria

+359 2 8117751

+359 2 8117752

www.borissov-law.com

Contact Mr. Plamen Borissov

Law Firm Overview

Borissov & Partners is a business and corporate law firm located in Sofia, Bulgaria. The firm was established to meet the unique needs of a country in transition to democracy and market economy. The firm follows the best practice principles and abides by professional ethics of high standard.

In order to provide high quality service to our clients we have developed a large network of lawyers, scholars and professionals in different industry sectors, both domestically and internationally. We maintain active working relationships with more than 100 international law firms and investment banks and often pitch together on various projects.

We at Borissov & Partners aspire to reflect today's business realities and to keep pace with the constantly changing global environment. We endeavour to be excellent lawyers, but even more than that, we strive to understand the needs of the business. We will always approach the legal issues from a business perspective and our legal advice will be commercially-driven, clear and pragmatic. We believe this is the only way we can add value to the client's business.

We value the long lasting relationships with our clients. What is more, we view on them as partners pursuing common goal. We are a firm that believes in rolling up the sleeves and pitching in together to get the result that everyone's looking for. We will make every attempt to solve your problem rather than just giving tailor made advice. Our philosophy is simple and can be better described with three words: commitment, efficiency and ingenuity.

Languages: Bulgarian, English, German, Russian.

Areas of Law

Additional Areas of Law: Government Relations; Public Procurement; Business Advisory; Strategic Development; Due Diligence; Foreign Investment; Corporate Recovery; Liquidations; Utility Models.

Areas of Law Description

Borissov & Partners provides legal services in a variety of law including but not limited to the following:

- Public Law

Business and government do not operate in isolation of one another. The policies and priorities of the one impact on the economic health and operation of the other. Our practice is about assisting and promoting the relationship between the sectors. We draw on our knowledge and relationships in law, in business and in government to help identify the issues and opportunities that are important to both government and business. We enable effective participation in the policy process and help promote positive policy, regulatory and legislative outcomes that bring government and business together. We make it our business to understand your business and the policy issues that impact on it. We identify your key issues and risks and provide you with relevant advice when you need it. Also, we do not stand in isolation. Our practice is backed by key strategic relationships that enable us to supplement our own capabilities with specialist economic analysis, machinery of government and communications advice.

Strong state sector relationships and an extensive involvement in policy issues mean that we are able to add real value to your dealings with government. We can ensure that key decision makers take your issues and concerns into account. We can inform you of key policy, regulatory and legislative trends that may impact your business. And we can provide the legal and strategic advice that will help you with your policy formulation, risk management and strategic planning. We provide you with effective representation in the policy and legislative process and will help with:

• government relations
• contributing to legislative and regulatory development
• legislation and regulation
• regulatory issues, advice and review
• review of domestic and international legal trends
• monitoring legal and policy trends

- Constitutional and Administrative Law

Knowledge and experience of constitutional and administrative law are at the heart of our practice. These areas are not just of academic interest. They provide the basis for accountability of government and the proper processes and procedures for the operation of the executive, parliament and public sector. The Constitution of the Republic of Bulgaria is the supreme law in the country and the basis for civil, commercial and criminal laws. We accordingly advise on:

• Constitution
• parliamentary process
• powers and duties of public bodies
• public procurement
• judicial review of public bodies and officials
• access, advocacy and advice
• administrative services and procedures
• public law litigation

- Banking & Finance

We have a long and successful record in banking and finance law. Our team is active in supporting trading banks, investment banks, financial institutions, companies involved in national and international finance transactions, state owned enterprises. A key feature of our service includes the wide commercial perspective we bring to transactions. Our lawyers have experience in acting for both lenders and borrowers from all sides of financing transactions. We specialize in providing legal advice in areas such as:

• asset-backed finance
• bank lending (including acquisition finance and property finance)
• banking and financial services opinion work
• credit contracts and personal property securities
• project financing
• recovery
• restructuring
• securitization
• money laundering
• corporate finance
• leasing

- Business Advisory

The services offered by the firm go beyond the pure legal consultancy. We are capable of providing business advice to start-ups and established companies in the areas of corporate finance, M&A, risk management, forecasting, analysis and investments. Our concentration is addressed to provide various business and financial solutions for operational and strategic issues. Our integrated approach to both business and legal matters is a guarantee for finding the optimal cost effective solutions in each case. We are particularly strong in the following areas of business advisory:

• valuations
• financial due diligence
• financial modeling and business solutions
• business plans
• industry analysis
• financial and operational reviews
• strategic development
• business strategies
• structure optimizations
• risk assessment

- Capital Markets

Although the Bulgarian capital market is relatively undeveloped, we have seen strong efforts by the policy makers and the Government to boost the market volume. We could only expect that the capital market will gain strength and will play increasingly greater role in the economy of the country. Our firm advises issuers, investors, prudential supervisors and market operators on all aspects of the capital markets. This includes advice on:

• securities law
• equity and debt security offers
• listing rule compliance issues
• public disclosure obligations
• regulatory disclosure
• aspects of takeovers and commercial transactions
• financial reporting issues
• insider dealings

- Construction Law

Our lawyers have been involved in a wide range of construction projects, from small and medium size projects, such as construction of petrol stations, to major thermal power plants. We provide advice to investors, developers, financing institutions and government organizations. Our thorough appreciation of the risks involved in property development and construction ensures we work together with our clients to minimize those risks and achieve goals that are timely and cost-effective.

We can assist you on a wide range of construction matters including:

• pre-contract and tendering advice
• drafting and negotiating of contracts
• planning, environmental and building regulation issues
• joint ventures, investment vehicles and funding
• procurement structures and construction documentation
• negotiating with local planning authorities
• approval of designs, issuance of construction and operational permits
• dispute resolution

- Consumer Law

There are dozens of statutes which affect the rights of consumers of goods and services. While many of these statutes are specific to the particular goods or services concerned (for instance, financial services) there is also a considerable body of law with a more general application. We have a specialist consumer law knowledge to advise on these and all other aspects of consumer law. We advise both individuals and commercial clients on their rights and responsibilities under various consumer legislation. For the latter, this frequently includes:

• consumer protection regulation
• consumer guarantees
• product liability
• unfair contract terms
• misleading advertising
• trade practices (unsolicited goods and services, door to door sales etc)
• consumer litigation, class actions

- Competition Law

The deregulation of business in Bulgaria and the forthcoming accession to the European Union have brought significant change and opportunities for business. The Competition Protection Act regulates trading practices, business acquisitions and anti-competitive conduct in Bulgaria paving the way for both business and consumers to benefit from healthy competition. Our team of experienced experts provide advice in areas such as:

• applications for clearances and authorizations
• mergers & acquisitions
• unfair competition
• restrictive trade practices issues
• price fixing and predatory pricing
• concentration of economic activity
• state aid issues
• regulatory issues

- Corporate & Commercial Law

Our work in corporate and commercial law is a key area of expertise and focus for the firm. Our lawyers advise clients on the legal issues encountered in day-to-day business and in special projects. From start-up to ongoing operations almost every aspect of a company's business is subject to laws and regulations. We put particular emphasis on foreign businesses that wish to establish themselves in Bulgaria and provide full commercial service for foreign inward investment. Our team of legal experts has the experience to support and provide advice on all aspects of corporate and commercial law. We are recognized for our commitment to client service and to delivering commercial results.

Our commercial work includes, but is not limited to:

• company and partnership formation
• business start-ups
• business sales and purchases
• business refinancing
• corporate governance and directors' duties
• contract preparation and negotiation
• licensing arrangements
• due diligence investigations
• joint ventures
• dispute resolution
• foreign investment
• regulatory issues

- Corporate Recovery and Insolvency

Our legal specialists in this area provide expertise and advice for banks, financial institutions and corporations to assist them in dealing with the complex problems which arise as a result of insolvency. We assist with all aspects of corporate recovery and insolvency. Our expertise ranges from general business restructuring and insolvency advice to day to day debt recovery.

Our specialists provide a range of recovery and insolvency legal services, including advice in:

• asset tracing and recovery
• banking and financial services litigation
• bankruptcy
• debt collection
• debt restructurings
• company arrangements
• enforcing securities
• insolvent trading
• liquidations
• receiverships
• voidable transactions

- Employment and Labor Law

Borissov & Partners provides comprehensive advice to clients in all aspects of employment law. The team is skilled at representing clients in negotiations for collective and individual employment agreements, mediations and court hearings. Emphasizing problem solving, we take an innovative consultative approach to assist employers and employees avoid costly litigation. We work closely with our clients to plan and implement employment policies that limit the potential for dispute. We apply a professional and commercially focused approach to develop effective, client-driven solutions.

We provide expertise and advice in areas of employment law such as:

• individual and collective agreement preparation and interpretation
• labour litigation
• industrial dispute resolution
• performance management
• restructuring and redundancy advice
• health & safety issues and compliance advice
• unfair dismissal and unfair contract claims
• employment due diligence
• social & health contributions

- Energy & Natural Resources

Energy & Natural Resources is a focus area for Borissov and Partners. Our assistance extends to all aspects of our clients' activities, including the obtainment of governmental licenses and concessions, the drafting and negotiating of agreements, review of compliance obligations that derive from environmental, labor, construction, land, foreign exchange and other laws. We have extensive experience in structuring and negotiating M&A and financing transactions related to the energy industry, including the acquisition of oil, gas and electricity assets, project finance and structured finance.

We advise on a wide range of issues including:

• mergers and acquisitions
• regulatory matters
• licensing
• competition law
• project and corporate finance
• securitization
• power generation, distribution, marketing and transmission activities
• preparation of power purchase agreements, take-or-pay and turnkey contracts, transmission systems use agreements
• connection arrangements
• construction
• land issues
• infrastructure sharing
• litigation

- Environment Law

Environmental law is a specialist and complex area. We provide advice to a wide range of clients including property development companies, governmental authorities, construction companies and major corporations. Our specialists work closely with them to provide pragmatic, timely and cost effective advice and service.

Our team of experts provides advice in the following areas:

• regulatory issues
• site acquisition and environmental due diligence
• environmental control
• disputes over development applications
• environmental prosecutions and defense
• environmental impact assessment
• planning and development
• regulatory compliance and enforcement

- Insurance Law

We provide advice to a wide range of clients from individuals and small businesses to brokers, corporate and financial institutions. Our experience includes both life and general, credit and liability insurance. We provide corporate advice on insurance policies to policy holders, as well as assisting insurers with the development and drafting of new insurance products. Our specialists are involved in litigation for the assured and their underwriters. Areas of expertise include:

• regulatory and legislative advice
• agency and broker agreements
• policy drafting and implementation
• aviation, marine
• compliance programmes
• construction risk
• industrial special risks
• property
• reinsurance
• claims resolution
• litigation

- Intellectual Property & Technology

Intellectual Property (IP) and Information Technology (IT) are an important part of everyday business. How organizations work, promote themselves and protect their competitive advantage are important elements in their ongoing success.

E-commerce offers new ways to access markets and deliver cost efficient products and services. Information can be managed and used more effectively. But with the technology and new practices are a variety of new challenges posed by evolving regulatory frameworks and emerging areas of legal uncertainty.

Our office has the experience to support your business in areas such as:

• copyright
• patents and utility models
• trade marks and geographical indications
• know-how and confidential information
• dispute resolution
• drafting and negotiating IT contracts covering computer hardware and software supply and maintenance agreements, provision of information services etc.
• franchising and licensing
• outsourcing
• intellectual property protection
• web site development and terms and conditions of use
• media and entertainment law
• plant variety rights

- Mergers & Acquisitions

Our merger and acquisitions specialists are recognized for their dedication to client service and their ability to analyze detail and deliver commercial outcomes within client driven deadlines. With highly regarded expertise in legal and regulatory issues, our team has established a proven track record in managing mergers and acquisitions, including working with industry experts, financial advisers, and overseas parties. Our M & A team provides experience and advice in areas such as:

• directors duties advice
• due diligence investigations
• employment law issues
• legal aspects of equity fundraising
• merger control issues
• purchases and sales of companies and businesses
• regulatory compliance of securities offerings and takeovers
• resource management and environmental considerations
• restructurings
• share capital maintenance
• management buyouts

- Private Clients

Borissov & Partners offers personal legal services to high net worth individuals as well as the corporate and individual trustees, executors, personal representatives, and other fiduciaries who serve them. We advise on a diverse range of matters pertaining to family law, succession, estate planning and financial and tax planning. Our services are highly professional, innovative, efficient, and sensitive to each client's particular needs. They include, but are not limited to:

• tax and property issues related to estate administration
• family issues: divorces, family settlement agreements
• succession planning for individuals, families and business assets
• preparation of wills and will contests
• estate administration
• litigation
• personal tax planning
• charities & not-for-profit organizations

- Privatization

In the last decade the privatization of the Bulgarian industry has played an important role in the country's transition to market economy. Borissov & Partners is very active in privatizations and concessions involving foreign and domestic companies. We have assisted clients on both sides, helping interested buyers in formulating bids and advising government companies to prepare for privatization. Our expertise in structuring mergers and acquisitions, through due diligence investigation of commercial, corporate, civil, fiscal, labor, social security, environmental and administrative questions, including critical points and consultation with government authorities, has served our clients in good stead in one of the biggest transactions in Bulgaria. We provide a full range of services, including:

• counseling on privatization/concessions for sellers and buyers
• advising on compliance with regulatory requirements
• implementation of corporate reorganization and sale
• performing due diligence
• preparation of public notices, concession and sale and purchase contracts
• public hearings and technical meetings
• rulings, preparation of bills and resolutions
• legal opinions and comfort letters
• structuring of bids and acquisitions for purchasers

- Real Estate and Property Law

For the last several years Bulgaria is enjoying boom in the real estate business. Our property practice reflects the increased interest from foreign and domestic clients to invest in real estate. Whether general or complex, our experts can successfully manage any property matter. We have the experience, expertise and resources to advise on all legal issues relevant to the property sector, delivering real value to our clients. Our team of experts provide advice on property matters to a broad array of clients, including major companies and investment funds, banks, state-owned enterprises, local authorities, overseas investors, property developers and private investors. We have extensive experience in:

• advice and assistance for the development and construction phases following acquisition
• commercial and retail leasing
• financing
• forestry
• regulatory issues
• property development
• purchase and sale of commercial property including negotiation, preparation of contract documents, due diligence and settlement
• residential property
• resource developments
• retail and industrial properties
• rural sector
• tourism, including hotel management, liquor licensing and gaming

- Taxation Law

Tax expertise is a specialist area that goes beyond the pure commercial law. We know how important are the tax implications for our clients. The tax advice is the basis for every commercial transaction. Even if a transaction is structured perfectly from a commercial point of view, it is worth nothing if it is not done in the most tax efficient way.

We do not promote aggressive tax positions, or seek to put our clients into conflict with revenue authorities. We seek technically correct, sustainable solutions for our clients. The range of areas in which we provide advice includes:

• corporate tax
• personal income tax
• VAT
• local taxes
• double taxation treaties
• excise
• customs duties

- Telecommunications

Telecommunications business is one of the key areas of practice for Borissov & Partners. We provide expert advice to a wide range of clients involved in the telecommunications industry. Specialized advice combined with a consideration of commercial needs is crucial to giving telecommunications clients a market edge.

Our team advises on a wide range of telecommunications legal issues, including:

• regulatory issues
• interconnection, leased lines
• major customer contracts, standard terms and conditions
• licensing
• telecommunication infrastructure
• regulatory compliance and telecommunications competition issues
• radio frequency spectrum and geo-stationary orbit
• privacy issues
• drafting and negotiating equipment supply agreements, maintenance and support contracts

- Litigation

Borissov & Partners specializes in providing litigation services to businesses. We offer advice on matters from aviation law to insurance law; from commercial to antitrust and consumer law. We solve clients' problems in a way that provides a tangible benefit to those clients through the use of negotiation, alternative dispute resolution, arbitration and court proceedings. Although the judicial system in Bulgaria has experienced years of turmoil and instability, we have not downgraded our litigation capacity. On the contrary, Borissov & Partners has remained committed to providing the highest calibre litigation counsel.

Our lawyers are determined to provide clients with the following:

• the best result possible
• a transparent and fair fee structure
• quality advice and service
• fast turnaround and response
• quality reporting

Lawyers

	Mr. Radoslav S. Alexandrov Lawyer Real Estate		Mr. Plamen M. Borissov Managing Lawyer Business and Industry
	Mr. Stefan A. Hadjiivanov Lawyer Mergers and Acquisitions		Mr. Dimitar G. Pelov Lawyer Litigation

Of Counsel

Mr. Lyubomir I. Vassilev
Lawyer
Natural Resources