MiFID License in Bulgaria

Bulgaria has proven to be the perfect jurisdiction for incorporating and running FX companies. This is due to its attractive tax regime, their EU Member Status, its implementation of Markets in Financial Instruments Directive (MiFid), and a strong regulatory regime.

According to the Bulgarian legislation, only licensed and registered investment intermediaries can provide FX trading/investing services. This requires direct approval of the Financial Security Commission (FSC) in accordance with Markets in Financial Instruments Act. A few of these requirements are minimal capital investment as well as personal and professional guidelines in regards to the firm’s director.

Every FX brokerage firm licensed by the FSC falls under MiFID, the regulatory organizations for investment services across the 30 European Economic Area member-countries. As such, the ensuing license is valid across the EU, and allows FX brokerage firms to offer investment services, establish representative offices, and create fully-operational branches in any desired location within the European Union.

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Acquiring BG citizenship by investment

 I. Under Art. 12 of Bulgarian Citizenship Act

The physical person :

  1. Must be an adult;
  2. Before no less than 5 years has been given permit for permanent or long-term residence in Bulgaria;
  3. Has not been convicted of a crime by Bulgarian court or is not prosecuted for such a crime, unless rehabilitated;
  4. Has an income or occupation that enables him to live in Bulgaria;
  5. Is skillful at Bulgarian language;

Permit for long-term residence – requirements (LFRB art. 24, para 1, items 19, 20):

  • Visa D;
  • Investment of no less than 600 000 BGN or  investment in economically disadvantaged regions of no less than 250 000 BGN plus opened at least 5 workplaces for Bulgarian citizens;

Permit for permanent residence – requirements (LFRB art. 25, para 1, items 16, 17):

  • Investment of no less than 500 000 BGN plus opened at least 10 workplaces for Bulgarian citizens;

Or

  • Acquired permit for long-term residence and keeping the investment over 5 years;

II. Under Art. 12a of Bulgarian Citizenship Act

Permit for permanent residence – requirements (LFRB art. 25, para 1, items 6, 7, 8, 13):

  • Investment of over 1 million BGN or  increase of the investment with this amount through the acquisition of:
  1. shares in Bulgarian commercial companies, traded on a regulated Bulgarian market;
  2. shares and treasury bonds and derivative instruments issued by the State or by municipalities, with a residual maturity not less than 6 months;
  3. ownership rights over an isolated part of the property of a Bulgarian commercial company with more than 50 percent state or municipal participation in the capital under the Act of Privatization and Post- privatization Control;
  4. shares or stocks owned by the state or municipalities in a Bulgarian commercial company in compliance with the Act of Privatization and Post- privatization Control;
  5. Bulgarian intellectual property – objects of copyright and related to it rights, patent-protected inventions, utility models, trademarks, service marks and industrial design;
  6. rights under concession contracts on the territory of the Republic of Bulgaria;

or

  • Deposit of 1 million BGN in a licensed credit institution in Bulgaria under fiduciary management for a period not less than five years;

or

  • Investment in the capital of Bulgarian company which shares are not traded on a regulated market of no less than 6 million BGN;

or

  • Performing activities and certification under the Investment Promotion Act – implementing and/or maintaining an investment which has received a certificate for class А, class B, or priority investment project;

The physical person :

  1. Must be an adult;
  2. Before no less than 5 years has been given permit for permanent or long-term residence in Bulgaria;
  3. Has not been convicted of a crime by Bulgarian court or is not prosecuted for such a crime, unless rehabilitated;
  4. Has an income or occupation that enables him to live in Bulgaria;

 III. Under Art. 14a of Bulgarian Citizenship Act

The physical person :

  1. Must be an adult;
  2. Has not been convicted of a crime by Bulgarian court or is not prosecuted for such a crime, unless rehabilitated;

A) Before no less than 1 year has been given permit for permanent residence in Bulgaria under LFRB art. 25, para 1, items 6 or 7 and has increased the investment under the same conditions to 2 million BGN or  has invested in the capital of Bulgarian company no less than 1 million BGN for implemented priority investment project;

or

B) Before no less than 1 year has been given permit for permanent residence in Bulgaria for performing activities and certification under the Investment Promotion Act – implementing and/or maintaining an investment which has received a certificate for class А, class B, or priority investment project. During this year the investments performed and put into exploitation are maintained above the minimum score for certificate for class А;

Permit for permanent residence – requirements (LFRB art. 25, para 1, items 6, 7):

  • Investment of over 1 million BGN or  increase of the investment with this amount through the acquisition of:
  1. a) shares in Bulgarian commercial companies, traded on a regulated Bulgarian market;
  2. b) shares and treasury bonds and derivative instruments issued by the State or by municipalities, with a residual maturity not less than 6 months;
  3. c) ownership rights over an isolated part of the property of a Bulgarian commercial company with more than 50 percent state or municipal participation in the capital under the Act of Privatization and Post- privatization Control;
  4. d) shares or stocks owned by the state or municipalities in a Bulgarian commercial company in compliance with the Act of Privatization and Post- privatization Control;
  5. e) Bulgarian intellectual property – objects of copyright and related to it rights, patent-protected inventions, utility models, trademarks, service marks and industrial design;
  6. f) rights under concession contracts on the territory of the Republic of Bulgaria;

or

  • Deposit of 1 million BGN in a licensed credit institution in Bulgaria under fiduciary management for a period not less than five years;

If you have any questions regarding the acquiring of Bulgarian citizenship, do not hesitate to contact us.