Force-Majeure Certificates
Force-Majeure Certificates
In accordance with the international practice and in the capacity of an independent organization which is a member of the International Chain of Chambers of Commerce, ICC -Paris, Eurochambres - Brussels and other international organizations and institutions, the Bulgarian Chamber of Commerce and Industry issues Force-Majeure Certificates. The Force-Majeure Certificate is a document for relieving of responsibility for failure to perform one’s obligations or delay in the performance of obligations under a transaction caused by some unpredictable circumstance.
Unpredictable (force majeure) circumstance is an unforeseen and irresistible event of emergency nature arisen after the conclusion of the contract, thus impeding its execution.
The force majeure certificates are issued upon a request submitted in writing by a Bulgarian tradesman who has fallen into the objective impossibility to fulfill their contractual obligations to foreign or Bulgarian partners due to certain unpredictable and unavoidable (force-majeure) circumstances, i.e. fire, natural disasters, accidents, wars, earthquakes, governmental restrictions, strikes etc.
Documents issued by an independent organization proving indisputably the arisen force-majeure circumstances are to be enclosed to the application form.
The Force-Majeure Certificate should contain information about:
- the parties of the contract;
- Reference No ., date and place of conclusion of the contract;
- term of contract;
- defining the circumstances that have hindered or delayed its fulfillment, the place and time of their occurrence, their duration, other information useful for identifying the causation between them and the complete or partial non-execution of the obligations under the contract ;
- the certificate should contain only the stated factual circumstances without their juridical assessment.
The Force-Majeure Certificate is printed on a form with the letterhead of the BCCI, in Bulgarian, English, French, German, Russian or any other foreign language at the request of the client. It is signed by the President of BCCI or by another person authorized by him and is stamped with the BCCI’s seal in Bulgarian or English.
By issuing Force-Majeure Certificates the Chamber assists the companies effectively and spares them the payment of penalties.
The Force-Majeure Certificates issued by BCCI are acknowledged internationally and are accepted as evidence by all international arbitration institutions.