ENEffective Insolvency and Creditor Rights Systems
In 2003, the European Bank for Reconstruction and Development (EBRD) conducted an assessment of insolvency regimes in the countries of its operation, including Bulgaria. The final report prepared by R. Harmer and N. Cooper summarizes compliance of insolvency frameworks with standards developed by a variety of international bodies, including the World Bank, the Asian Development Bank, the International Monetary Fund, and the United Nations Commission on International Trade Law. Harmer and Cooper found that, overall, Bulgaria's insolvency law achieved "medium" compliance, based solely on the content of the law and with no reference to actual effectiveness. A subsequent 2008 EBRD assessment, however, assigns a "high compliance" rating to Bulgaria, although calling for introducing requirements for the third parties to hand over property of the debtor or information about the debtor. Moreover, it was recommended to impose sanctions for the failure to comply with the law. The 2008 EBRD report cites the results of the 2004 Insolvency Legal Indicator Survey which concluded that there is a large "effectiveness" gap between the high quality of Bulgarian insolvency legislation and a much lower quality of insolvency practice due largely to insufficiencies in training and to perceptions of corruption and undue influence in the judiciary. According to the European Commission's 2006 monitoring report on Bulgaria's preparedness for entering the European Union, which took place on January 1, 2007, Bulgaria was making progress in reforming its justice system and was addressing issues of ineffective implementation of the law as well as in dealing with corruption within the judiciary.
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ENInternational Financial Reporting Standards
Bulgaria became a European Union (EU) member state in 2007. However, in anticipation of its EU membership, Bulgarian companies have been applying International Financial Reporting Standards (IFRSs) in preparation of their consolidated accounts since 2003. According to a 2002 World Bank assessment, a new Law on Accounting came into force in 2002 incorporating the EU Fourth and Seventh Directives for the implementation of IFRSs in Bulgaria. This was also in line with the European Commission's (EC) Regulation No. 1606 of 2002, which requires EU listed companies to use IFRSs as endorsed by the EU in preparation of consolidated accounts. The 2008 EC report on the implementation of Regulation No. 1606 notes that Bulgaria requires IFRSs for the consolidated and annual accounts of all companies except for certain small and medium size-enterprises (SMEs). Only SMEs are entitled to use the National Financial Reporting Standards which differ from IFRSs.
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ENPrinciples of Corporate Governance
In its 2004 Corporate Governance Sector Assessment Project, the results of which were published in 2005, the EBRD came to the conclusion that corporate governance legislation in Bulgaria is in "medium compliance" with the Organization for Economic Co-operation and Development (OECD) Principles of Corporate Governance. In an earlier assessment conducted in 2002, the World Bank identified certain weaknesses and made three main recommendations pertaining to the strengthening of the Commerce Law, establishing a code for corporate governance and an Institute of Directors to provide training and dissemination of international practices for the boards of directors. A 2008 EBRD report points out that Bulgaria has significantly reformed its commercial law framework and "outstanding progress" has been achieved in recent years. For instance, capital markets legislation has been improved and insolvency laws have been extensively revised. Another 2007 EBRD report confirms that the Commerce Law was last amended in 2006 and a Bulgarian National Code for Corporate Governance was adopted in October 2007. This Code is based on the OECD principles of corporate governance and is implemented on a comply-or-explain basis. Nevertheless, weaknesses persist. The 2008 EBRD report finds that the competence of courts, prosecutors, and market regulators need to be improved. Minority shareholders in Bulgaria have limited options to obtain disclosure of information and the legal framework on related party transaction is also found to be weak.
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ENInternational Standards on Auditing
A 2002 World Bank assessment of Bulgarian accounting and auditing practices notes that the Law on the Independent Financial Audit which came into effect in 2002 seeks compliance with the European Union (EU) Eighth Directive and International Standards on Auditing (ISAs) beginning in 2003. Per this law, other than a few small and medium-size enterprises which are exempt from the audit requirement, listed and unlisted Bulgarian companies are required to have their financial statements audited in accordance with ISAs. A 2006 Institute of Certified Public Accountants of Bulgaria (ICPAB) self-assessment confirms that Bulgaria adopts International Auditing and Assurance Standards Board (IAASB) pronouncements with the same effective date as that of the international pronouncements. Thus, Bulgaria complies with Directive 2006/43/EC of the European Parliament and Council (effective in May 2006) which mandates that all statutory audits of annual and consolidated accounts must be carried out on the basis of ISAs as adopted by the European Commission. The Law on the Independent Financial Audit also requires that the ICPAB's professional code of conduct be based on the International Federation of Accountants code of ethics, which was adopted by the Institute without any modifications.
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IDAnti-Money Laundering/Combating Terrorist Financing Standard
An assessment of Bulgaria's anti-money laundering and combating the financing of terrorism (AML/CFT) regime conducted by the Council of Europe's Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) against the Financial Action Task Force (FATF) 40+9 Recommendations in 2007 concludes that Bulgaria is compliant with 11 FATF recommendations and 2 special recommendations; largely compliant with 15 recommendations and 4 special recommendations; partially compliant with 11 recommendations and 3 special recommendations; non-compliant with 1 recommendation; and two recommendations are not applicable in the Bulgarian context. A 2008 U.S. Department of State (DoS) report seconds this observation by noting that Bulgaria's legislative framework was largely consistent with international AML standards until December 2007. The Law on the Measures against Money Laundering (LMML), enacted in 1998 and amended several times since then, including in 2008, forms the key legislative framework of Bulgaria's AML regime. The anti-terrorist financing law, the Measures against Terrorist Financing Act (MFTA) of 2003 is also deemed consistent with the FATF's Nine Special Recommendations on Terrorist Financing by the U.S. DoS. However, as the report observes, the enactment of the Law on the State Agency for National Security in 2007 has raised questions on the new AML/CFT framework in Bulgaria, especially regarding the powers and operational status of its financial intelligence unit, the Financial Intelligence Agency (FIA). It has led to changes in the provisions pertaining to the FIA in the LMML, the MFTA, and their implementing regulations. It has also led the Egmont Group, of which the FIA is a member, to temporarily suspend some of its rights, particularly those relating to information-sharing.
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IICore Principles for Systemically Important Payment Systems
The Real-Time Interbank Gross Settlement System (RINGS), Bulgaria's large-value payment system, is identified by a 2007 European Central Bank (ECB) report as systemically important. The ECB report further states that all systemically important payments are processed in real time. The retail payment system in the country, the Banking Integrated System for Electronic Transfers, and the card settlement system, the Bank Organization for Payments Initiated by Cards, do not settle in real time. The Bulgarian National Bank (BNB) owns, operates and oversees RINGS, and is a shareholder in the operators of the two ancillary payment systems in Bulgaria, BISERA and the BORICA, both of which are direct participants in RINGS. RINGS was launched by the Bulgarian BNB in June 2003 to develop a modern national payments system infrastructure and to reduce systemic risk in the execution of payments in Bulgaria. Per the BNB website, RINGS is compliant with the Core Principles for Systemically Important Payment Systems (CPSIPS) promulgated by the Committee on Payment and Settlement Systems and the standards applied by the ECB. However, apart from this statement from the BNB, there is no comprehensive information or any other source publicly available assessing Bulgaria's compliance with the CPSIPS. As the 2007 ECB report notes, the Law on Funds Transfers, Electronic Payment Instruments, and Payment Systems regulates payment systems in Bulgaria. Its complementing ordinances add to the overall regulatory framework for payment systems in the country.
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