Adopted by the Chairperson of the Governing Board on the 9th of April 2009 and approved by Resolution №2 from Minutes №3/09.04.2009 of the Governing Board of Institute for Legal Analysis and Research.
I. GENERAL PROVOSIONS
Article 1. The present Rules govern the procedures and conditions for obtaining donations from natural and legal persons in favor of Institute for Legal Analysis and Research, the control over the management and use of donations and respect of the will of donors.
Article 2. The present Rules aim to encourage donorship for the benefit of Institute for Legal Analysis and Research through the establishment of transparent procedures for obtaining and managing donations and accountability for their management and strict compliance with the will of donors, as well as non-admission of misappropriation with the socially useful nature of donorship, with the prestige and reputation or property interests of Institute for Legal Analysis and Research.
II. DONORS, DONATIONS AND BENEFICIARIES
Article 3. Donors of Institute for Legal Analysis and Research may be all Bulgarian and foreign natural and legal persons.
Article 4. Institute for Legal Analysis and Research, can be donated, respectively, it can accept donations in the form of:
1. Labour and services;
2. Objects;
3. Money;
4. Immovable properties;
5. Movable properties;
6. Real rights;
7. Intellectual/industrial property rights;
8. Securities;
9. Company shares;
10. Rights on shares, bonds, receivables;
11. Other property rights;
Article 5. Recipient of donations may be the legal entity Institute for Legal Analysis and Research, represented by the Chairperson of the Governing board.
III. CONDITIONS FOR THE DONORS AND DONORSHIP
Article 6. (1). Within the meaning of the present Rules, donors could not be:
1. Individuals, convicted with enforced final sentence.
2. Individuals, accused of committing crime, until the finalization of the legal proceedings and their discharge or rehabilitation;
3. Legal entities in which management or supervisory boards are involved individuals under section 1 and section 2;
Article 7. Donations shall not be accepted:
1. From anonymous donors;
2. When contravene to the morality and good temper;
3. When by their nature or conditions contrary to the objectives or Statute of Institute for Legal Analysis and Research, or those who contravene to the law or can lead to breach of legislation;
4. As funds, when condition of the donation shall be avoiding or circumvent of the Law on Public Procurement;
5. When on a long-term basis the donations shall presuppose the receipt of direct economic benefits from the donor;
Article 8. (1). Cannot be donated personally members of the Governing Board and other subsidiary bodies of Institute for Legal Analysis and Research.
Article 9. (1). Donations, when the donor carries out an economic activity through them, shall be declined.
(2). Natural and legal persons who have won tenders or competitions announced by Institute for Legal Analysis and Research may make subsequent donations only in the form of labour or objects.
(3). Natural and legal persons who donated funds or property to Institute for Legal Analysis and Research, even for earmarked needs, are not eligible to participate in public procurement and competitions organized by Institute for Legal Analysis and Research for a period of one year after the date of the donation.
Article 10. Donations in the form of labour are adopted to carry out activities which underlie in the Statute and development plans of Institute for Legal Analysis and Research, while the relevant activity is based on previously issued authorizations and approved projects by the municipality or the competent institution.
Article 11. Donations of immovable properties with a condition of use of the properties or income from them shall be declined, when the donor's will cannot be executed due to insufficient revenue from the operation of the property or when the costs of maintaining the property is in such a scale that does not give opportunity to fulfill the condition of the donation.
Article 12. Notwithstanding the provisions of this chapter, individuals authorized under the present Rules to accept donations can always decline to accept the donation from a natural or legal person, when he/she is doubtful in the gratuitousness of the donation, without having to justify his/her refusal.
IV. ACCEPTING DONATIONS
Article 13. (1). According to the type and value of the donations, which by virtue of Article 13, paragraph 1 of the Statute of Institute for Legal Analysis and Research may be funds, movable and immovable property, real rights, intellectual/industrial property rights, securities, company shares, rights on shares, bonds, receivables and other property rights, they are accepted as follows:
1. Donations of properties and real rights – by resolution of the Governing board;
2. Donation of funds, objects, labour/services, movable and immovable property, real rights, intellectual/industrial property rights, securities, company shares, rights on shares, bonds, receivables and other property rights:
2.1. Up to BGN 5 000,00 – by the Chairperson of the Governing board, who shall report to the Governing Board for the accepted donation in a period of one month;
2.2. From BGN 5 000,00 to BGN 100 000,00 - by the Chairperson of the Governing board, who shall report to the Governing Board for the accepted donation in a period of ten days;
2.3. Over BGN 100 000,00 - by the Chairperson of the Governing board, after taking a Resolution of the Governing Board for the acceptance of the donation;
(2). Estimation of the value of the donations, as defined in section 2 of the previous paragraph, shall be made by the Chairperson of the Governing Board or by a person named by him/her, on the base of market prices of the relevant objects or activities.
(3). Chairperson of the Governing Board shall be responsible for the estimation and makes the decision to accept the donation or to inform the Governing Board about the deed of donation, which shall accept the donation by virtue of the present Rules.
Article 14. Donations, for the realization of which is necessary joint funding from Institute for Legal Analysis and Research, shall be adopted by the Governing board, regardless of their size.
Article 15. (1). Donations of properties, in the favour of Institute for Legal Analysis and Research, shall be accepted by a Resolution of the Governing board, by which Resolution the conditions to the donation shall be accepted if there are any.
(2). Contracts for acceptance of donation of property in the favour of Institute for Legal Analysis and Research shall be made in writing and under contract by the Chairperson of the Governing board, based on the resolution of the Governing Board for acceptance of the donation. The contract shall be registered at the Registry Office.
Article 16. (1). Unconditioned donation of funds and/or property or donations in the form of gratuitously granted services in the favor of Institute for Legal Analysis and Research, shall be carried out by the Chairperson of the Governing Board with a written contract and by conveying the property/performance of services or funds to be paid into the account for donations, subject to the provisions of Article 13.
(2). The value of the objects/ performed services shall be proved by the presentation of financial - accounting reporting documents, including the cost of materials and labor used, which apply to the contract of donation.
(3). Issuance of necessary permits and approval of projects for implementation of donations in the form of gratuitously provision of services/labour performed by the donor, are at the expense of Institute for Legal Analysis and Research, unless the donor assumes the mentioned expenses.
Article 17. In any case, in the certificate for acceptance of donation of objects and property shall be indicated the way of financing of the maintenance and operation of the donation.
V. ADMINISTRATION OF DONATIONS. CONTROL.
Article 18. (1). Donations shall be used and managed exactly according to the will of the donor and the Statute of Institute for Legal Analysis and Research.
(2). Responsibility for compliance with the will of the donor as well as the use, management and maintenance of the donations shall be borne by the Chairperson of the Governing board.
Article 19. The spending of donated funds shall be done by the Chairperson of the Governing board, in strict compliance with the Statute and for the achievement of the objectives of Institute for Legal Analysis and Research.
Article 20. Donors of movable equipment are obliged to provide maintenance, unless the contract for acceptance of donation states otherwise.
Article 21. Management and maintenance of donated real estates shall be done by explicitly defined by the Governing Board standing Commission of Institute for Legal Analysis and Research.
VI. REGISTER OF DONATIONS
Article 22. (1). All donations made in the favour of Institute for Legal Analysis and Research shall be entered in a special register, which in Article 13, paragraph 2 of the Statute of Institute for Legal Analysis and Research is named Donations` book.
(2). Register contains information about the donations, like what the donation is and in what for it is expressed:
1. Donations of labour/services;
2. Donations of objects;
3. Donations of funds;
4. Donations of properties;
(3). Register contain information as follow:
1. Date of the donation;
2. Donor;
3. Donee (beneficiary);
4. Type of donation (funds, object, service, type of property);
5. Value of the donation;
6. Condition of the donation;
7. Information about the execution of the will of the donor;
8. Number of the Deed of donation;
(4). Chairperson of the Governing Board, authorized under the present Rules to receive donations in the favour of Institute for Legal Analysis and Research is obliged within three days of receipt of donation to enter it into the intended Register.
(5). Registry information is stored in perpetuity.
VII. POPULARIZATION OF THE DONORSHIP
Article 23. (1). Donors of objects and properties and donors of labour/services, as a result of which donations a lasting object is been made, may request designation of the donation, by marking the name and/or firm in a discreet manner.
(2). The designation of the donation with the name/firm of the donor may not have character of a commercial advertising.
Article 24. Depending on the nature and amount of donation and its importance for Institute for Legal Analysis and Research by a proposal of its Chairperson the Governing Board may take action to promote the donation on its own initiative.
Article 25. (1). Each donor is entitled to receive a Certificate - Deed of Donation.
(2). Certificates shall be made in a single unified model for Institute for Legal Analysis and Research, unless otherwise stated in an enactment.
TRANSITIONAL AND FINAL PROVISIONS
& 1. The provisions of the present Rules shall apply by analogy to the devises in favor of Institute for Legal Analysis and Research. For acceptance of devises the rules of the Inheritance Act shall apply.
& 2. Control of the compliance with the Rules shall be assigned to the Governing Board of Institute for Legal Analysis and Research.
& 3. The Rules shall be approved by the Governing Board pursuant to Article 22, section 22.4 from the Statute of Institute for Legal Analysis and Research and shall be adopted by the Chairperson of the Governing Board pursuant to Article 29, section 29.4 from the Statute of Institute for Legal Analysis and Research.
& 4. The present Rules shall take effect on the day it is adopted by the Chairperson of the Governing board of Institute for Legal Analysis and Research and its approval by the Governing Board of Institute for Legal Analysis and Research.
& 5. To the present Rules shall apply approved by the Governing Board:
1. Template – Contract of donation by legal entity;
2. Template – Contract of donation by physical person;
3. Template – Application for donation;
4. Template – Certificate- Deed of donation by legal entity;
5. Template – Certificate- Deed of donation by physical person;
