1.  Which documents can use an electronic signature and take legal effect?
  2. Which documents cannot use electronic signatures and take legal effect and why?
  3. What are the legal requirements for electronic signatures on documents?
  4. Are there any proposals to change the law relating to electronic signatures? 
  5. Are there any other factors which prevent documents being entered into in electronic format?

jurisdiction

Bulgaria

Generally, any documents that can be executed in simple written form and which are not subject to mandatory or optional registration with the Bulgarian Land Registry can be signed using an e-signature. This includes:

  • Non-disclosure agreements;
  • Preliminary (option) agreements; 
  • Leases (if not to be registered in the Real Estate Register); and
  • Exclusivity agreements.

The following documents cannot be executed with electronic signatures because they require “Qualified Written Form” (see below):

  • Sale contracts;
  • Mortgages;
  • Easements;
  • Establishment of right of use;
  • Donations of land; and
  • Mutual transfers of land.

In addition, the following documents cannot be signed electronically:

  • Other agreements that specifically require Qualified Written Form;
  • A document where holding the original of the document has legal significance (e.g. promissory notes); or
  • A document subject to mandatory or optional registration with the Bulgarian Land Registry such as notarised deeds and foreclosures.

“Qualified Written Form” is a form, legally required in respect of the validity of a party’s statement or in respect of its ability to be used as proof of such statement. The additional qualifying requirements to the written form may include notarization of signature, notary deed, handwritten statement, participation of witnesses or officials when the statement is made, and others.

There are no legal requirements for an electronic signature of a document.

4. Are there any proposals to change the law relating to electronic signatures? 

No.

5. Are there any other factors which prevent documents being entered into in electronic format?

As mentioned, electronic signatures are not used for documents mainly due to the requirement for most of them to be in a Qualified Written Form, which makes the use of e-signatures impossible.