Power of attorney from abroad

A power of attorney for use in Bulgaria can be certified in two ways: at the consular section of a Bulgarian embassy or consulate, or by a local notary in your country of residence. Certification at the mission is in Bulgarian and needs no apostille. Certification by a foreign notary is valid in Bulgaria, but needs an apostille or legalisation and a translation.

signature

€15

at an embassy or consulate

content

€30

first page, each further page €15

retention

10 years

of powers of attorney certified at missions

Certification at an embassy or consulate

Consular officers can certify the date, content and signature of private documents drawn up in Bulgarian that are not subject to registration, and the accuracy of copies (Art. 84 of the Notaries and Notarial Practice Act). A power of attorney is such a document.

1. Prepare the text

   Missions do not draft powers of attorney. Templates are available on the Ministry of Foreign Affairs website (Forms section) and at consular sections. The text is in Bulgarian.

2. Check opening hours

   Arrangements differ between missions — some require an appointment. Check your mission’s website.

3. Attend in person

   With a valid identity document — ID card, passport or temporary passport. A Bulgarian driving licence is not accepted. You sign in front of the consular officer, not beforehand.

4. Pay the fee

   Under Tariff No. 3: signature €15, content €30 for the first page and €15 for each further page.

5. Send the original

   The power of attorney can be used in Bulgaria without further certification.

If you have no valid identity document, two witnesses can confirm your identity — Bulgarian citizens with established identity who are not your relatives and are not named in the document.

Power of attorney for property

When the representative will sign a transaction by notarial deed — selling, buying, donating or creating a right over real estate — the power of attorney needs the signature and the content certified at the same time (Art. 37 of the Obligations and Contracts Act).

• At the mission a property power of attorney is presented in two identical copies.
• Two copies each of the declaration under Art. 264(1) of the Tax and Social Insurance Procedure Code (on tax debts) and the declaration under Art. 25(8) of the Notaries Act are also certified.
• For transferring a car — declarations under Art. 264(2) of the Tax and Social Insurance Procedure Code and Art. 25(8).
• Property transfer contracts and other documents subject to registration cannot be certified at a mission — they are signed before a notary in Bulgaria.

Certification by a local notary

A power of attorney certified by a foreign notary under local rules can take effect in Bulgaria — it is enough that the conditions for validity in the country where it was signed are met (Art. 61 of the Private International Law Code; Supreme Court of Cassation decision No. 101/2011 in civil case No. 829/2009).

• Apostille — if the country is party to the Hague Convention. Otherwise legalisation: by the country’s foreign ministry and then by the Bulgarian mission.
• Translation into Bulgarian — by a translator in Bulgaria whose signature is notarised by a Bulgarian notary, or by a translator approved by the Bulgarian mission.
• For property, check what kind of certification the notary performs. In Germany, for example, a simple signature certification (Beglaubigung) does not cover the content; the equivalent of Bulgarian signature-and-content certification is Beurkundung.

Checking a power of attorney

Powers of attorney certified at consular sections are kept for 10 years. A notary or institution in Bulgaria can check the certification through the Ministry of Foreign Affairs — in person at desk No. 1 of the Ministry’s reception, by email to [email protected] or by post. The fee is €5.11 and the reply comes within 7 calendar days.

When a simple written authorisation is enough

Notarisation is needed where the law or the institution requires it. For some actions an express written authorisation is enough. For example, your parent, child, brother, sister or spouse can request a criminal record certificate at the bureau with a simple written authorisation; any other representative needs a notarised one.

Municipalities, banks, the National Revenue Agency and the Ministry of Interior have different requirements. Before you send a power of attorney, check what the institution accepts — that way you will not need a second one.