Regulations on entries

REGULATIONS FOR ENTERING

Approved with decree No 1486 of the Council of Ministers of December 13, 1951

 Prom. SG. 101/18 Dec 1951, amend. SG. 30/15 Apr 1955, amend. SG. 82/27 Sep 1996, amend. SG. 86/30 Sep 1997, amend. SG. 14/18 Feb 2000, amend. SG. 5/16 Jan 2001, amend. SG. 16/20 Feb 2001, amend. SG. 69/6 Aug 2004, amend. SG. 67/16 Aug 2005

I. GENERAL PROVISIONS

Art. 1. The entering shall consist in giving publicity to the acts, subject to entering in the way, provided in this regulation.

Art. 2. (amend., - SG 67/2005) Entering, noting and deletion shall be admitted only for the cases, provided explicitly in the laws or in this regulation.

Art. 3. Subject to processing shall only be acts, implemented in notarial way or with a signature certified by a notary.

This shall not refer to the entering of acts, issued by the due state bodies.

II. ENTERING OF ACTS ABOUT IMMOVABLE PROPERTIES

Art. 4. Entered shall be:

a) (suppl. SG 5/01, in force from January 1. 2001) all the acts, with which are transferred the right of ownership (sale, gift, exchange, grant against fulfilment, alienation against obligation for taking care and feeding etc.) or with which is established, transferred, changed or terminated other real right (right to use, ownership of buildings etc.) in immovable properties, as well as acts, with which are recognised such rights (fact finding notarial acts, acts, which have the force of finding notarial acts, acts for state ownership, acts for municipal ownership etc., explicitly provided by a law);

b) the contracts, which transfer inheritance (art. 212 of LOC), in which there are immovable properties;

c) the acts for refusal of real rights over immovable properties (art. 100 of the Law for the ownership);

d) the contracts for partition of immovable properties as well as the court- division records about such properties;

e) (amend. SG 69/04) the applications of creditors of the legator or of the devisees for separation of the immovable properties of the legator (art. 67 of the Law for the inheritance);

f) (amend. SG 5/01, in force from January 1, 2001) the contracts for renting of immovable property, in this number farm land, for a term longer than one year (art. 237 of LOC) as well as the lease contracts;

g) the agreements about disputes on acts, subject to entering, and

h) the court decisions entered into force, which substitute the acts of item a), as well as the decisions, with which is established the existing of acts, subject to entering under the previous items;

i) (amend. SG 5/01, in force from January 1, 2001) copies of the announced devices with subject immovable property and rights in immovable property and all other acts about which it has been provided with a law, that they are subject to entering.

Art. 5. The following acts shall not be subject to entering under the previous Art.:

a) (amend. SG 82/96, SG 5/01, in force from January 1, 2001) the acquisition of immovable property by force of a law;

b) (revoked SG 5/01, in force from January 1, 2001);

c) (suppl. SG 5/01, in force from January 1, 2001) the devices about immovable properties except these of art. 4, item i) and all other acquisitions of immovable properties as inheritance;

d) (revoked- SG 86/97);

e) (amend. SG 5/01, in force from January 1, 2001) contracts of art. 4. item f), if they are connected with state secret.

Art. 6. The acts, subject to entering, must contain:

a) (amend. SG 86/97, SG 67/2005) the first, the father and the family name, the residence (permanent address) and the unified civil number of the parties, and when there is no such- the place and the date of birth; when one of the parties is a sole entrepreneur or a legal person the firm (the name), the registration court and the number of file, the organizational form and the seat, the BULSTAT number and the fiscal number, and for the local and foreign natural persons who have no court registration in the Republic of Bulgaria- the firm, the seat and BULSTAT number, respectively the fiscal number;

b) the date and the place of issuing the act;

c) (suppl. SG 86/97, SG 67/2005) the marking of the property, for which the act refers, with pointing out the nature (kind), the location (municipality, address, area ), the number of the property, the square and/or the built square and borders;

d) the price of the property or the right, respectively the certified material interest.

(2)The provision of item c) shall not be applied for the contracts for transfer as inheritance.

(3) (new- SG 69/04, amend., - SG 67/2005) When the immovable property is located in a region with approved cadastral map, the descriptions shall be implemented according to the data of art. 60, items 1- 7 of the Law of cadastre and property register. In these cases to the act shall be attached sketch- copy of the cadastral map.

Art. 7. (amend. SG 86/97, amend. SG 69/04) The entering shall be implemented upon ruling of the judge for entering by the service for entering at the location of the immovable property by arranging the acts subject to entering in books, accessible for the citizens, which shall be formed:

a) by the arranging of the notarial acts of item a) of art. 4 and

b) (amend. SG 86/97) by the arranging of all other acts of items b)- i) of art. 4.

Art. 8. (amend. SG 86/97, SG 5/01, in force from January 1, 2001, amend. SG 69/04) The entering of the notarial acts of art. 4, item a) shall be implemented upon written application by the notary, who has accomplished them, and of all the other acts or copies thereof of art. 4, items b)- i)- upon a written application of the parties, of the notary and of everyone, who is interested in the entering. The entering of notary acts, implemented by the judge for entering and of copies of devices, announced by him, shall be implemented officially.

(amend. and suppl. SG 86/97, amend. SG 5/01, in force from January 1, 2001) Two identical copies of notary acts shall be supplied for the entering under art. 4, item a). For the entering of all other acts of art. 4, items b)- i) shall be presented the original and a certified copy of it or two such copies if the original cannot be presented, respectively two notary certified devices with subject immovable property and rights in immovable property. When the entering is implemented upon an application by a notary, three identical copies shall be presented, respectively three copies.

Art. 9 (amend. SG 86/97, amend. SG 69/04, amend.- SG 67/2005) The entering shall be implemented upon ruling by the judge for entering, the act being recorded immediately, within the framework of the working day, in the incoming register, designated for this, and on the act itself shall be registered the number, with which it has been recorded in the register, the date, as well as the volume and the page of the file book, in which the entering has been recorded. In the services for entering, where there is introduced software for keeping of property files, in the act subject to entering shall be recorded also the number of the property file.

(amend. SG 69/04, amend.- SG 67/2005) After the entering of para 1 the act shall be arranged in the respective book and in 3 days term the second copy of the entered act shall be returned to the rightful claimant, registering on it the data of para 1, as well as the consecutive number and the volume of the book, where the act has bee arranged.

(amend. SG 69/04 amend.- SG 67/2005) If the entering has been implemented upon an application by a notary, the second and the third copy of the entered act shall be returned, registering on each of them the data of para 1 and 2.

(amend. SG 69/04) The entering of the act, implemented by the judge for entering, shall be implemented immediately after the accomplishment of the very act. The judge for entering can not, under threat of responsibility, order the implementing of any other acts between the accomplishment of the acts, subject to entering by him and the very entering of them.

Art. 10. (amend. SG 86/97, amend. SG 69/04. 67/2005) At entering of acts for partition, for agreement or for exchange of immovable properties, located in different districts, shall be presented in two copies for each of the regions, submitting also the necessary costs.

(amend. SG 69/04) After the due entering has been made, the copies, referring to other districts, shall be immediately sent for entering to the services for entering according to the location of the properties with message, that the due fees have been collected.

(suppl. SG 5/01, in force from January 1, 2001, amend. SG 69/04) The contracts for transfer of inheritance, when in it there are immovable properties, which are located in different districts, shall be entered upon written application by the interested upon ruling by the judges for entering at each of these districts. This order shall be applied also for the entering of copies of the announced devices with subject immovable property and rights in immovable property.

III. ENTERING OF CLAIM APPLICATIONS AND OF THE DECISIONS, DECREED ABOUT THEM

Art. 11. (amend. SG 30/55) Entered or noted must be:

a) the application claims, with which is required breaking (art. 87, para 3 of LOC), abolition (art. 32 of LOC), repealing (art. 227 of LOC and art. 37 of LI) or recognition of the voidness (art. 26 of LOC) of acts, subject to entering under art. 4;

b) the claim applications for decreeing of decision for concluding of ultimate contract (art. 19, para 3 of LOC), with which is transferred or established real right in an immovable property, and

c) (amend. SG 86/97) the claim applications for decreeing of other decisions of art. 4, items h) and i).

Art. 12. (amend. SG 30/55, amend. SG 69/04)

 (1) (amend.,- SG 67/2005) In order the entering and or the noting of the previous article to be implemented, shall be presented the application claim as submitted in the court, and for which the state fee for filing a case has been collected, as well as a copy of the application claim or a copy- excerpt of it. The application claim shall meet the requirements of Art. 6.

(2) (amend. SG 86/97, amend. SG 69/04, amend., SG 67/2005) The entering shall be implemented upon ruling by the judge for entering, the act being recorded immediately, within the framework of the working day, in the incoming register, designated for this, and on the act itself shall be noted the number, with which it has been recorded in the register, the date, as well as the volume and the page of the file book, in which the entering has been recorded. In the services for entering, where there is introduced software for keeping of property files, in the act subject to entering shall be recorded also the number of the property file. The copy of the application shall be attached to special office file and the original with note about the registered data of the entering made, shall be returned to the rightful claimant I 3 days term. If the application claim refers to several acts, the registration shall be made in the file book.
If the act, referred to by the application claim, has not been entered, the entering of the application shall take place by the order, established in art. 9.

Art. 13. (amend. Izv. 30/55, amend.,- SG 67/2005) The deleting of the entered of the previous Art. shall take place by noting in the file book the court act, with which the deleting is ordered or the proceedings on the filed case are terminated.

Art. 14. (amend. Izv. 30/55, amend.,- SG 67/2005) The decisions, entered into force, ordered upon the application claims of art. 11, shall be noted in the way, pointed out in art. 12, according to a presented copy of the decision. In this case the decision shall meet also the requirements of Art. 6.

IV. ENTERING OF MORTGAGES, ENTERING OF PLEDGES UNDER THE LAW OF THE SPECIAL PLEDGES (LSP) (title suppl. SG 86/97)

Art. 15. (amend. and suppl. SG 86/97, amend. SG 69/04) The entering of the contracted mortgage (art. 167 of LOC) shall be implemented immediately within the framework of the working day, upon ruling of the judge for entering by the service for entering in which district is located the mortgaged immovable property by arranging the act for mortgage in the mortgage book. The entering of contract mortgages, implemented by the judge for entering shall be made officially.
The rules of art. 8 and 9 shall respectively be applied also for the entering of the mortgage acts.

Art. 16. The mortgage under a law in favour of the alienator or the co-divisor of an immovable property (art. 168 of LOC) shall be entered upon an application of the creditor, submitted in two identical copies, accompanied with the act for alienation or subdivision, in original or as copy. The application must contain all the data, pointed out in art. 167, para 2 of LOC.

(2) (new- SG 67/2005) In case of entering of an ex-lege mortgage in favour of a bank, the bank loan agreement- in original or in a copy shall be attached to the application.

(3) (prev., 3- SG 67/2005) The entering shall take place with the arranging of one copy of the application the book for the mortgages according to a law. In the case shall be applied respectively the provisions of art. 8 and 9.

Art. 17. The entering of the acts of art. 117 of the Law for the obligations and contracts, namely:

a) the transfer of taking (art. 99 of LOC), secured with a mortgage;

b) pawn (art. 162 of LOC) of such taking;

c) accession (art. 101 of LOC) of mortgage taking;

d) imposing of distraint on it;

e) renewal of obligation (art. 107 of LOC), secured with a mortgage, and

f) (suppl.,- SG 67/2005)substitution (art. 102 of LOC) of such obligation, shall take place upon an application by each interested person, submitted in two equal copies, accompanied by the document in two copies, on which basis the entering is required.

(amend. SG 86/97) The application must contain: the data, pointed out in art. 6, para 1, item a) of the applicant, the ground (the document) for the entering, the amount of the sum, as well as the volume and the page of the mortgage book, where the mortgage contract has been entered, or the application for establishing of a mortgage on the basis of law, for which e entering shall be made under the rules of art. 12, para 2.

Art. 18. Renewal of the entering of a contracted mortgage or a mortgage under a law (art. 172 of LOC) shall take place upon an application by the creditor, submitted in two equal copies, accompanied by the mortgage contract, respectively by the application for establishing of a mortgage under a law, or by the record for the entering of the mortgage, if the entering has been implemented with a record.

The application must contain also the data of the initial entering. If the owner of the mortgaged property has diseased his heirs must also be pointed out. It is possible to be required also the renewal of the entering for a sum less than the one, for which the initial entering has been made. The renewal shall be implemented by arranging in the respective mortgage book of one of the copies of the application by the order, established for the initial entering (art. 15 and 16).

Renewal shall not be implemented if 10 years have elapsed after the initial entering of the mortgage, respectively from the last renewal. In this case the mortgage can be entered again and it shall have order from the new entering.

Art. 19. The deleting of the entering of a mortgage (art. 179 of LOC) shall take place on the basis of the written consent of the creditor, given in a form certified by a notary, or with a court act entered into force, with which is decreed the deleting. When creditor is a state body certification of the signature shall not be required.

(amend. SG 86/97, amend. SG 69/04) The deleting of mortgages of immovable property, sold at public auction shall be certified that the selling has been approved with a decision entered into force and that the mortgage creditor has given his consent before the executing judge the mortgage to remain in force.
The deleting can be required by anybody interested. It shall take place by noting at the side of the entered act, pointing out the document, on the basis of which this takes place and the time, when this is done.
The noting shall be signed by the judge for entering.

Art. 20. (amend. SG 86/97) When the consent for deleting of the entering is given by persons not legally capable by the due order, without the mortgage liability to have been already paid, it shall be necessary a permission by the district judge (art. 12, para 3, art. 73, para 2, art. 109, para 1 and 2, art. 117, para 2, art. 118, para 1, art. 122, para 3 and art. 128 of the Family Code).

Art. 21. The partial deleting shall be implemented in the same way as the full deleting.

Art. 22. When 10 years have passed after the date of the entering without renewal the deleting shall take place upon an application by the interested person without other evidence.

Art. 22a. (new- SG 86/97, amend. SG 69/04, amend.,- SG 76/2005)) The entering of pledge on commercial enterprise (art. 21, para 3 of LSP) shall be implemented upon ruling of the judge for entering by the service for entering in which district is located the immovable property, included in the assets of the pledged commercial enterprise by arranging in the book of art. 33, item e) of the certificate for entering of the pledge in the commercial register, respectively the certificates for following entering. The certificate shall meet the requirements of Art. 6.

The rules of art. 8 and 9 shall be applied respectively also for the entering of para 1. At renewal of the entering of para 1 shall be applied respectively art. 18.

V. ENTERING OF INTERDICTS AND OTHER SECURITIES

Art. 23. (amend. SG 86/97) The entering of interdicts shall be implemented upon ruling of the judge for entering by the service for entering at the location of the immovable property.

Art. 24. Interdict for security of a claim shall be entered by presenting the order for its imposition and a copy of it. The order must contain:

a) (amend. SG 69/04, SG 67/2005) a description as per Art. 6, Para 1, item "c" of the immovable property, which is put under interdict

b) (amend. SG 86/97) the data, pointed out in art. 6, para 1, item a) of the creditor and the debtor;

c) the amount of the sum, for the securing of which the interdict is imposed, or instruction, that the claim is for ownership of the very property, and

d) (amend.,- SG 67/2005) the number of the case and the date of the order and by which court it has been issued.

Art. 25. (prev. text of para 1- SG 16/01, amend.,- SG 67/2005) The entering of interdict under the order provided in the previous article shall also be implemented when this is required by a department or official to which the law has conceded this right. In this case the letter must show the department or the official and the date and the number of the decree, with which is ordered the interdict and also the data, marked in items a)- f) of the previous art. To the letter two certified copies of the decree shall be attached.
(2) (revoked- SG 16/01).

Art. 26. (amend. SG 86/97, amend., SG 67/2005) The interdict over an immovable property, against which has been directed the entering, shall be entered upon a request by the judge for entering or the financial officer, who implements the public auction, with letters in two identical copies, containing apart from the data of items a)- f) of art. 24 also the number of the enforcement case and the date of the writ of execution and which court has issued it.

Art. 27. (amend. SG 86/97, amend. SG 69/04) A mortgage on immovable property before a court under art. 181, para 2 of LOC shall be entered by presenting the consent, certified by a notary, of the owner of the property with a copy of it. The consent must contain:

a) (amend. SG 86/97) the data, pointed out in art. 6, para 1, item a) about the owner, who established the mortgage;

b) (amend. SG 86/97, amend. SG 69/04) the service for entering, in which the entering will be implement;

c) (amend. SG 69/04, SG 67/2005) the description of the immovable properties, which are mortgaged, as per Art. 6, Para 1, item "c".

d) the sum, for which the mortgage is given;

e) (amend. SG 86/97) the data, pointed out in art. 6, para 1, item a) about the person who gives the security;

f) signature of the applicant.

Art. 28. The guarantee for bail of an accused person in a punitive case shall also be entered by the order of the previous Art.. In this case the guarantee shall contain apart from the data of items a)- f) of the previous Art. also the data about the case it is presented for.

Art. 29. (amend. SG 86/97) At entering of common interdict over the properties of one person it shall not be necessary in the letter to be described separately the properties.

(amend. SG 69/04) If the properties are located in different districts, letters shall be presented for each one of them.
General interdict can be imposed only when this is explicitly provided with a law.

Art. 30. (amend. SG 86/97, amend. SG 69/04) The presented documents and letters for interdict upon ruling of the judge for entering shall be recorded immediately within the working day in the incoming register, after which the copy of them shall be arranged in the book for the interdicts and the original shall be returned to the presenter in 3 days, after the obligation under art. 8, para 2 are fulfilled.

Art. 31. The entering of the interdicts shall be deleted upon a written order by the department or the official, who has imposed the interdict or to which the guarantee or the security has been conceded.
When the guarantee or the security have not served, the deleting of the interdict shall take place upon an application by the interested person, to which is attached a certificate from the due department, that the entering can be deleted.

Art. 32. (amend. SG 30/55, amend.- SG 67/2005) The deleting shall be implemented by registering in the file book with instruction about the ground, on which it has happened and when it has been made.

Va. REFUSAL OF THE JUDGE FOR ENTERING (new- SG 69/04)

(2) The definition of refusal shall be handed to the interested person against signature. The complaint against the refusal and the entered into force definition of the Court of Appeal shall be recorded in the register under Art. 33, item "l".

Art. 32b. (new- SG 60/04, amend.,- SG 67/2005 ) In the cases of recognition of the complaint, the entering shall be executed on grounds of the entered into force definition of the Court of Appeal.

VI. BOOKS. NOTARIAL AND OFFICE FILES (title amend. SG 69/04)

a) a book, which is formed by the arranging of the notarial acts- under art. 4, item a);

b) (amend. SG 86/97) a book, which is formed by the arrangement of the other acts- under art. 4, items b)- i);

c) a book, which is formed by the arrangement of the notarial acts for contractual mortgage;

d) a book, which is formed by the arrangement of the applications for establishing a mortgage under law;

e) (new- SG 86/97) a book, which is formed by the arrangement of the certificates for entering under the Law for the registered pledges;

f) (prev. e)- SG 86/97, amend.,- SG 67/2005) a book, which is formed by the arrangement of acts of imposing interdicts;

g) (prev. f)- SG 86/97) incoming register;

h) (prev. g)- SG 86/97) filing book or filing system;

i) (prev. h)- SG 86/97) alphabet index;

j) (prev. i)- SG 86/97) register for references;

k) (new- SG 69/04) register of the refusals and the definitions of the appeal court, decreed on them.
Art. 33a. (new- SG 69/04) Apart from the books of art. 33 the service for entering shall also keep:

a) description book of the notarial files;

b) book, formed by the notarial wills and acts for revoking of wills, implemented in the district;

c) book for recording of the autograph wills, submitted for preservation, announcing and returning;

d) description book for the autograph and the notarial wills;

e) alphabetical index only for notarial files and wills;

f) books, formed by applications for deletion of mortgages and interdicts and for fact finding records.

Art. 34. In the incoming register shall be recorded consequently by the order of receiving all notarial and other acts, applications and letters, which entering or noting is required.
(amend., SG- 67/2005) According to the consecutive number of the incoming register shall be determined the order for implementing the entering, noting or deletion.
(amend. SG 86/97) The incoming register shall be finished every day with the signature of the judge for entering.

Art. 35. (amend. SG 86/97, amend. SG 69/04, amend., - SG 67/2005)) The notarial acts and other papers, from which are formed the books of art. 33, items a)- f) shall be typed or hand written with black or blue ink without deleting and additions, except these, formed by the order of art. 475, para 3 of the Civil procedure code, crossing out the empty places on the forms and the figures, referring to the content of the transaction, shall be written also with words. The papers must be written on rectangular sheets of white paper format A4 (80 g/m or more). If there are no established forms for the papers, the empty fields of the sheet must be sufficient for binding the sheet.

(amend. SG 69/04) Each 200 arranged copies of notarial acts, respectively copies of documents, and 300 copies of the other papers shall form one volume. Each volume shall start with new numbering of the sheets. The numbering of the documents and of the volumes shall start each year. Till binding or stitching the volumes shall be preserved in classifiers.

(amend. SG 86/97, amend. SG 69/04) At the end of the year the formed volumes shall be bound after being numbered under the permanent supervision of an official of the service for entering. After this they shall be threaded, sealed and certified by the judge for entering.
If at the end of the year there are left notarial acts or other papers less than 100, they shall again form separate volumes, but shall not be bound separately and shall be bound together with the last-but-one volume of the corresponding book for the same year.

Art. 36. In the file book shall be entered consequently in brief under the name of each owner and on the page defined for him the implemented entering, notes and deletions, referring to him and the respective book, the volume and the page, where the act is arranged.

(amend. SG 86/97) The persons shall be recorded with the data, pointed out in art. 6, para 1, item a). At recording the three names shall be started with the first name.

(amend.- SG 67/2005)When the determined place in the file book of one owner is full, a new file shall be, the registering at the end of the full one the volume and the page of the new file of the same owner, which constitutes a continuation of the first one. In the new file shall be registered the volume and the page of the old one.

Art. 37. (amend.- SG 67/2005) When the act is implemented by two or more persons, the registering in the file book shall be made under the name of each of them.

Art. 38. (amend. SG 86/97) The alphabet index shall contain the names of all persons, about whom there is opened file in the filing book. The index shall be kept according to the first name; each person must be noted with the data, pointed out in art. 6, para 1, item a).

(new- SG 69/04) In the alphabetical index of art. 33a, item e) shall be entered also the names of the testators in the notarial wills, the acts for revoking of wills and the submitted for preservation autograph wills, implemented by the notaries. In this case against the name of the person shall be entered also the name of the notary, with whom is the notarial file or the autograph will.

Art. 39. In order a reference to be made in the books about the entering about an immovable property, first of all in the alphabet index shall be found the name of the person, who is pointed out as owner of this property, if he has a file, and according to the name of this person shall be found the number of the volume of the file book and the page of his file in this book. From the file book of the owner shall be learned what entering there is for the properties about which reference is required and in which volumes and under what numbers they have been entered.

Art. 40. (amend.,- SG 67/2005) In the register for reference shall be entered the implemented verbal references and the issued certificates.

Art. 41. (amend. SG 86/97, amend. SG 14/00, amend. SG 69/04, SG 67/2005) The incoming register, the file book, the alphabet index, the register for references and the register for the refusals and the definitions, decreed on them by the appeal court shall be supplied duly numbered, threaded and certified by the Entries Agency.

(new- SG 86/97, amend. SG 14/00, amend. SG 69/04, 76/2005) The registers of art. 33, items g)- k) and art. 33a, items a), d) and e) can be kept on electronic carrier by an order, determined by the Minister of Justice. In this case the incoming register of art. 33, item g) shall obligatory be printed on paper and signed by the Entries Judge.

Art. 41a. (new- SG 69/04, 67/2005) For each application, with which is required entering of an act- subject of entry, shall be formed notarial file or a special chancery file.
The other applications shall be attached to office files.

Art. 41b. (new- SG 69/04) Each notarial file shall be recorded in the description book and in the alphabetical index.

(amend.,- SG 67/2005) In the description book, in the alphabetical index and on the cover of the file shall be registered its character and number, the parties, the date of formation, as well as the volume of the act as per the description of the Entries Service. The described book and the alphabetical index shall be maintained for the calendar year.

(amend.,- SG 67/2005) In the files under Art. 41a, Para 1 shall be preserved only the application for implementing the entering, a copy of the signed act, the documents certifying the special requirements of the law and the accounting documents for paid fee for entering.

Art. 41c. (new- SG 69/04) The services for entering shall preserve the files for five years and the books of art. 33, items a)- e)- for hundred years.

Art. 41d. (new- SG 67/2005) (1) The bringing documents out from the Entries Service shall be performed only on grounds of a decree of a court of prosecution, The documents shall be handed under a resolution of the Entries Judge against the signature of the pointed out in the decree official person.

(2) The books and the registers may not be brought out from the Entries Service, and an expertise may be executed only in the presence of an officer of the Entries Service.

VII. PUBLICITY OF THE BOOKS FOR ENTERING

Art. 42. (amend.,- SG 67/2005) Anybody may require references about the enteries, the noting and deleting, made in the books for entering. References may be done also per the register under Art. 33, item "l".
The references are verbal or written.

Art. 43. (1) The verbal references shall be given upon verbal or written application of each person, who requires and in his presence, if he wishes so.

(new- SG 86/97, amend. SG 14/00, amend. SG 69/04) Reference of a notary can be given also by telephone, fax or other technical means by an order, determined by the Minister of Justice.
(new- SG 69/04) References can also be made by distant access by an order, determined by the Minister of Justice.

Art. 44. (suppl. SG 69/04, amend.,- SG 67/2005) The written references shall consist in issuing certificates about the entering, the notes or the deleting, as well as in issuing of copies or excerpts of the existing entering, notes or deleting in the books or from the file of the persons.

Art. 45. The certificates shall refer to:

a) certain persons;

b) (amend.,- SG 67/2005)certain immovable properties;

c) certain period of time.

Art. 46. The certificate for persons shall show only the entering, the notes and the deleting made to the name of one or several persons.

(amend. SG 86/97, amend.,- SG 67/2005) The application, with which is required this certificate under Para 1, shall contain the data under Art. 6, Para 1, item "a".

Art. 47. (suppl. SG 69/04, amend.,- SG 67/2005) In the certificate, which is issued for certain property, shall be, marked the entries, notes and deleting of encumbrances and rights, or it certified, that there are no such.
The application for issuing of such certificate must show:

a) (amend. SG 86/97) the data, pointed out in art. 46, para 2, of the persons about whom is the reference, and about their direct grantors;

b) (amend. SG 69/04, amend., SG 67/2005) the immovable property with showing the data under Art. 6, Para 1m item "c".

Art. 48. ( amend., SG 67/2005) The certificate about certain time shall contain only the entering, notes and deletions, which have been made during certain period of time, pointed out by the person upon who’s application the certificate is issued.

Art. 49. (amend. SG 86/97, amend. SG 69/04) When non compliance is found between the data in the books for entering and the issued certificates and copies, attention shall be paid to what has been entered in the books, but the Registry Agency shall be responsible for the damages, ensuing from the admitted incorrectness in these certificates and copies.

Art. 50. (amend. SG 86/97, amend. SG 69/04, amend.- SG 67/2005) After making the verbal reference the official, to whom it has been assigned, shall note the latter in the register of the references and sign. Each reference with distant access shall be automatically registered in the electronic register, kept for this purpose.

(new- SG 69/04, amend., SG 67/2005) The written references shall be made and inscribed in the register under Art. 33, item "k" by the empowered for this officer, and shall be certified by certified by the officer and signed by the Entries Judge.

Art. 51. (new- SG 67/2005) (1) Certified copies of registered acts shall be issued only to the parties, to their successors or ex-lege /by empowering representatives. Whereas the representative is not an attorney, he/she shall be empowered explicitly by a notary certified document of empowering.

(2) The copy shall be done, collated with the original and inscribe in the register under Art. 33, letter "k" by the empowered for this officer and shall be signed by the Entries Judge.

Transitional and concluding provisions

1. The provisions of art. 4 and 11 shall not apply for acts, accomplished before the date of entering of this regulation into force, if these acts according to the previous provisions have been subject to entering.

2. The present regulation is issued pursuant to art. 116 of the Law for the ownership and it shall enter into force on the day when the Law for the ownership enters into force.

It shall repeal the Regulation for the entering under the Law for the privileges and mortgages.
Concluding provisions
(SG- 67/2005)

All the provisions of the Regulations of Entering shall be marked as per the requirements of Art. 26 and 27 of the Edict No. 883/ 1974 on the application of the Law of the Normative Acts.