A power of attorney from abroad is the document with which thousands of Bulgarians abroad and foreigners with interests in Bulgaria sell or buy property, register companies, transfer company shares, settle inheritances and run court cases without travelling. The power of attorney itself is a short document, but if it is in a form that a Bulgarian notary or register will not accept, the procedure starts all over again – a new certification, a new apostille, a new translation and several lost weeks.
In this article we explain when you need a power of attorney, what it must contain, before whom to sign it abroad, how the apostille and the translation are done, and the most common mistakes that lead to a power of attorney from abroad being refused.
When do you need a power of attorney from abroad?
You need a power of attorney whenever someone else – a relative, a friend or a lawyer – has to perform legal acts on your behalf in Bulgaria. The most common cases are:
- Property transactions – sale, purchase, gift, creating a mortgage or a right of use. For purchases in detail, see our article on buying property in Bulgaria as a foreigner.
- Companies – setting up an OOD or EOOD, changes in the Commercial Register, transfer of company shares. We describe how remote registration works in our article on registering a company in Bulgaria from abroad.
- Inheritance – certificate of heirs, inheritance declaration, renunciation of an inheritance, banks and sale of an inherited property. See heir abroad: settling an inheritance in Bulgaria without travelling.
- Court cases – representation before the court, including in claims, partitions and enforcement cases.
- Administration – the National Revenue Agency (НАП, NRA), municipalities, banks, the traffic police (КАТ), electricity and water suppliers.
General or special power of attorney?
A general power of attorney authorises the attorney-in-fact to represent you on a wide range of matters – "before all state authorities, banks and institutions". It is convenient for searches, filing applications and collecting documents.
A special (express) power of attorney lists specific acts and, where a transaction is involved, describes the specific asset. For transactions disposing of property – sale, gift or mortgage of a property, transfer of company shares – a general power of attorney is not enough. Notaries and registers interpret powers strictly and require the attorney-in-fact to be expressly authorised for the transaction in question.
A well-drafted special power of attorney to sell a property contains:
- an exact description of the property – address, cadastral map identifier, area, title document;
- the power to negotiate the price, or a minimum price;
- the power to sign a preliminary contract and the final notarial deed;
- the power to receive the price – into an expressly stated bank account;
- the power to file declarations and obtain documents (tax assessment, sketch, certificates);
- where needed – the power to delegate (substitute) and the power to contract with themselves.
What form must the power of attorney take?
Under Art. 37 of the Obligations and Contracts Act (ЗЗД), an authorisation to conclude a contract for which the law requires a special form must be made in that same form. For contracts concluded by notarial deed, the power of attorney must bear notarial certification of both the signature and the content at the same time.
| Act | Minimum form of the power of attorney | Express powers |
|---|---|---|
| Searches, applications, collecting documents | Written, usually with a notarised signature | Not always, but recommended |
| Sale, purchase, gift, mortgage of a property | Notarial certification of the signature and content | Yes, with a description of the property |
| Transfer of company shares | Notarial certification of the signature and content | Yes, with a description of the shares |
| Applications to the Commercial Register | Notarised power of attorney | Yes, for the specific entry |
| Representation in court through a lawyer | Written power of attorney | Yes, for acts such as settlement, withdrawal or waiver of a claim |
| Banks | According to the requirements of the specific bank | Usually yes |
Banks often have their own requirements – some accept only a power of attorney on their own template or one issued within the last few months. Check with the bank in advance.
How to sign a power of attorney abroad: two routes
At a Bulgarian consulate or embassy
Bulgarian consular officers carry out notarial certification of the signature and content of documents intended for Bulgaria. The power of attorney is in Bulgarian and needs neither an apostille nor a translation – it is used directly. The drawback is that there are few consulates and they often work by appointment only, sometimes with a wait of several weeks.
Before a local notary + apostille or legalisation
The second option is to sign before a notary in the country where you live. After that:
- Apostille – if the country is a party to the 1961 Hague Convention Abolishing the Requirement of Legalisation. The apostille is affixed by a designated authority in the country concerned (usually a court, a ministry or another administration), not by the notary.
- Consular legalisation – if the country is not a party to the Convention. The document is certified along the chain of local authorities and by the Bulgarian consulate.
- No authentication – if a legal assistance treaty between Bulgaria and the country concerned exempts documents from legalisation. Check this in advance.
Translation into Bulgarian
A power of attorney in a foreign language must be translated into Bulgarian. This is usually a so-called legalised translation – by a translator or agency with a contract with the Ministry of Foreign Affairs – and for some documents the translation must also be certified by the Ministry. The requirements depend on the type of document and on the institution where you will use it, so check in advance with your lawyer or with the notary in Bulgaria.
Tip from our practice: The safest option is a bilingual power of attorney – the Bulgarian text and the text in the local language in two columns, prepared by your lawyer in Bulgaria. The foreign notary certifies a document whose content has already been approved for the Bulgarian institutions, and the translation is easier and cheaper.
How long is a power of attorney valid, and how is it revoked?
Bulgarian law sets no general period of validity for a power of attorney. It remains valid until the period expires (if you have stated one), until it is revoked, until the act for which it was given has been performed, or until the death of the principal or the attorney-in-fact (Art. 41 of the Obligations and Contracts Act). In practice, however, some banks and institutions accept only powers of attorney issued within the last few months.
You can revoke a power of attorney at any time. The revocation, however, cannot be relied on against third parties acting in good faith who did not know about it. So notify the attorney-in-fact and the institutions where it may be used in writing. It is also advisable to state a period of validity in the power of attorney.
Why a notary or register refuses a power of attorney from abroad
- The apostille or legalisation is missing, or the apostille has been put on the translation instead of the original.
- Errors in the translation – discrepancies between the original and the Bulgarian text, inaccurately translated powers.
- Transliteration of names – the name in the power of attorney does not match the passport, the title document or the entry in the Commercial Register.
- A general instead of a special power of attorney – for the sale of a property or the transfer of shares.
- Only the signature has been certified, when certification of both the signature and the content is needed.
- An incomplete description – the property identifier, the exact number of shares or the attorney-in-fact's details are missing.
- No express power to receive the price, to contract with themselves or to delegate.
Checklist and sample timetable
| Step | What you do | Indicative time |
|---|---|---|
| 1. Consultation | You discuss with the lawyer exactly what needs to be done | 1–2 days |
| 2. Draft power of attorney | The lawyer prepares a bilingual text | 1–3 days |
| 3. Appointment with a consul or notary | You book an appointment and sign | from a few days to a few weeks |
| 4. Apostille or legalisation | With a local notary | depending on the country, usually days to weeks |
| 5. Sending the original | By courier to the lawyer in Bulgaria | 3–10 days |
| 6. Translation and certification | If the power of attorney is not bilingual | a few working days |
| 7. Use | The attorney-in-fact acts on your behalf | depending on the transaction |
Before you go to the notary, check that:
- your names are written exactly as in your passport and in your Bulgarian documents;
- your Bulgarian personal number (ЕГН) or foreigner's personal number (ЛНЧ), if you have one, and the details of your identity document are stated;
- the powers are express and describe the specific property or shares;
- the form is correct – certification of both the signature and the content where needed;
- you know which authority issues apostilles in your country.
Frequently Asked Questions (FAQ)
Does a power of attorney certified at a Bulgarian consulate need an apostille?
No. A power of attorney certified by a Bulgarian consular officer is a Bulgarian document and is used directly in Bulgaria, without an apostille or translation. An apostille is needed when the power of attorney is certified by a foreign notary in a country that is a party to the Hague Convention.
Can I sell a property in Bulgaria with a general power of attorney?
As a rule, no. To sell a property, notaries require a special power of attorney describing the specific property, with notarial certification of both the signature and the content at the same time (Art. 37 of the Obligations and Contracts Act). The same applies to the transfer of company shares – see our article on the transfer of company shares in an OOD.
Can the power of attorney be in English?
It can, but it must be translated into Bulgarian, and the requirements for the translation depend on the institution. It is more practical to make the power of attorney bilingual, with a Bulgarian text approved in advance by your lawyer.
How long is a power of attorney valid?
The law sets no general period. The power of attorney is valid until the period stated in it, until it is revoked or until the act has been performed. Some banks and institutions, however, accept only recently issued powers of attorney, so check in advance.
What should I do if the power of attorney is refused?
Ask for a written explanation of the reason. Often the problem is the translation or a missing express power. Sometimes it is enough to correct the translation, but when the form or the powers are wrong, a new power of attorney is needed.
Why prepare the power of attorney with a lawyer?
A mistake in a power of attorney is expensive – not in the certification fee, but in lost time, missed deadlines and postponed transactions. A contract lawyer will draft the text for the specific transaction and for the requirements of the notary or register that will use it, make it bilingual and check the apostille and translation before the document reaches the institution.
Mechkova & Dimitrova Law Firm works with clients from many countries who have property, companies and inheritances in Bulgaria. The information in this article is general and does not replace advice on your particular case. Contact us so we can prepare your power of attorney before you go to the notary.
