2025-10-06
The Bulgarian National Bank issued Ordinance No 49 to establish the terms, procedures, and requirements for granting licenses to credit servicers and for information provision by credit purchasers and institutions. The regulation mandates detailed application submissions, including comprehensive documentation on organizational structure, qualifying holdings, and the suitability of management bodies. It further requires credit servicers to conduct initial and periodic assessments of the collective suitability of their management and control bodies to ensure competent conduct of activities.
Ordinance No 49 of the BNB 1 Ordinance No 49* of the BNB of 6 October 2025 on the Terms and Procedure for Granting Licenses to and Requirements for the Activity of Credit Servicers and for Providing Information by Credit Purchasers and Credit Institutions (published in the Darjaven Vestnik, issue 88 of 21 October 2025) Chapter One General Provisions General Provisions Article 1. (1) This Ordinance shall establish:
2 Ordinance No 49 of the BNB Chapter Two Granting Licenses for Carrying Out an Activity as a Credit Servicer Application for Granting a License Article 2. (1) An entity intending to carry out one or more of the activities under Article 6, paragraph 2 of the Law on Credit Servicers and Credit Purchasers shall submit a written application to the Bulgarian National Bank (BNB) according to a template based on instructions by the BNB Deputy Governor heading the Banking Department. (2) The application under paragraph 1 shall contain:
Ordinance No 49 of the BNB 3 4. a clear description of the applicant’s organisational structure containing an allocation of activities and responsibilities of: (a) the members of the management and control bodies; (b) the representatives, including the persons authorised to manage and represent it; (c) the individual organisational units of the applicant; 5. documents certifying compliance with the requirements of Article 8, paragraph 2 of the Law on Credit Servicers and Credit Purchasers; for a company in the process of incorporation: a certificate by a bank for deposited monetary contributions into a collection account; 6. a declaration based on a template document in accordance with the instructions of the BNB Deputy Governor heading the Banking Department concerning compliance with the requirements of Article 8, paragraph 3 of the Law on Credit Servicers and Credit Purchasers and documents from shareholders certifying the origin of funds for the contributions against subscribed shares or with which they were acquired; 7. information on whether the applicant has been subject to regulation by a competent authority in the financial services sector; 8. information on whether the applicant is part of a financial group, including a description of the group and information about the parent undertaking, where applicable; 9. a comprehensive description of the applicant’s activities for the last three years or the period of existence of the company, where applicable; 10. rules for the application of measures to protect funds in accordance with the requirements of Article 13 of the Law on Credit Servicers and Credit Purchasers if the applicant intends to receive and hold funds from borrowers; 11. information and documents on the reliable and effective internal control mechanisms applied under Article 8, paragraph 11, item 9 of the Law on Credit Servicers and Credit Purchasers; 12. information on whether the applicant intends to carry out cross-border credit servicing under Article 22 of the Law on Credit Servicers and Credit Purchasers in other Member States, indicating separately each of them and in what form it will carry out the business (directly or through a branch); 13. information on whether it intends to outsource activities and which activities under Article 6, paragraph 2 of the Law on Credit Servicers and Credit Purchasers it intends to outsource; 14. information on whether the applicant acquires or intends to acquire non-performing loan claims granted by a credit institution; 15. a declaration that the information submitted with the application and the documents attached to the application are up-to-date, complete and reliable.
4 Ordinance No 49 of the BNB Data on the Persons Managing and Representing the Applicant and on the Members of its Management and Control Bodies Article 4. (1) The persons who manage and represent the applicant, the members of its management and control bodies, including natural persons – representatives of legal entities in these bodies – shall meet the conditions of Article 8, paragraphs 8 and 9 of the Law on Credit Servicers and Credit Purchasers. (2) In addition to the documents and information under Article 9, paragraph 2, items 6–8 of the Law on Credit Servicers and Credit Purchasers, the following documents and information concerning the persons under paragraph 1 shall be attached to the application under Article 2:
Ordinance No 49 of the BNB 5 8. a declaration of compliance with the requirements of Article 8, paragraph 8, item 5 of the Law on Credit Servicers and Credit Purchasers; 9. a declaration certifying whether the person or company over which the person has exercised control or a company in which he was a member of the management or control body or a procurator: (a) the person has been subject to supervisory and control actions by a competent authority or subject to enforcement proceedings; (b) the person has been sanctioned by an administrative sanction and/or coercive administrative measures by a supervisory or regulatory body; (c) he has been refused granting of a license or entry in a register, refusal of membership in a trade or professional organisation, the licence granted to him, respectively, has been withdrawn or the registration made has been deleted; (d) he has been dismissed from a position in the management or control body of a regulated financial sector entity; 10. a document showing the results of an assessment of the individual suitability of the members of the applicant’s management and control bodies, including the specific functions of the persons; 11. information on whether the person has been subject to a previous identical assessment of good reputation, professional qualification, knowledge and experience by another competent authority; the information shall include: (a) the name of the competent authority; (b) the date of the assessment; (c) the result of the assessment; 12. a declaration of the results of the applicant’s collective suitability assessment of the members of the applicant’s management and control bodies, as required in Chapter Three; 13. a declaration of the authenticity of the data specified in respect of the persons referred to in paragraph 1 and of their knowledge of the criminal liability for providing false information. (3) In the cases referred to in Article 9, paragraph 2, item 8(a) of the Law on Credit Servicers and Credit Purchasers, a certificate of criminal records or a similar document issued no more than three months from the date of submission of the application under Article 2 shall be presented. (4) In the event of a change in the persons referred to in paragraph 1, all requirements of this Article shall be complied with, and the credit servicer shall notify the BNB and provide all necessary documents and information under paragraph 2, as well as a declaration under Article 3, item 15 within 14 days of the change. (5) In case of a dismissal of a person referred to in paragraph 1, the credit servicer shall provide to the BNB information under paragraph 4 and information on the reasons for his dismissal.
6 Ordinance No 49 of the BNB Data on Persons with Qualifying Holdings Article 5. (1) Persons having directly or indirectly a qualifying holding within the meaning of Article 4(1)(36) of Regulation (EU) No 575/2013 in the capital of the applicant shall meet the requirements of Article 8, paragraph 10 of the Law on Credit Servicers and Credit Purchasers. (2) Regarding any natural person who holds or has subscribed directly or indirectly a qualifying holding within the meaning of Article 4(1)(36) of Regulation (EU) No 575/2013 in the capital of the applicant, the documents and information referred to in Article 9, paragraph 2, item 9 of the Law on Credit Servicers and Credit Purchasers shall be submitted along with the documents and information under Article 4, paragraph 2, items 1, 5 and 6 of this Ordinance. Upon submitting a criminal record or other analogous document, Article 4, paragraph 3 shall apply accordingly. (3) Regarding any legal entity holding or having subscribed directly or indirectly a qualifying holding within the meaning of Article 4(1)(36) of Regulation (EU) No 575/2013 in the capital of the applicant, the following documents and information shall be submitted:
Ordinance No 49 of the BNB 7 Requirements for Documents and Information Submitted Article 6. (1) The documents and information attached to the application shall be submitted in Bulgarian. All foreign language documents shall be submitted in original and accompanied by a translation into Bulgarian, and the relevant official documents shall also be legalised in accordance with the requirements of Bulgarian law. (2) A document under paragraph 1 may be replaced by a notary verified declaration in cases where the foreign country’s legal system does not provide for the issue of such document, which shall be evidenced by an official document issued by the relevant competent authorities of this country. (3) The documents attached to the application shall be provided either in original or as copies certified by the applicant, and the applicant shall submit upon request the original of the relevant document. (4) Where there is a discrepancy between the documents referred to in paragraph 1, presented in the original and in a Bulgarian translation, all data and information specified in the Bulgarian translation shall be assumed to be true. (5) The documents and information attached to the application shall be submitted on paper and electronically. (6) The Bulgarian National Bank may require the submission of additional documents and information in order to identify the circumstances required for assessing whether the conditions for granting a license have been met along with setting a time limit for their submission. (7) The applicant shall immediately inform the BNB in writing of any change to the information contained in the application and in the documents attached thereto that has occurred after the submission of the application, including where the information already provided is not accurate, complete or true. (8) In the cases under paragraph 7, the applicant shall identify the relevant information in which a change has occurred, its place in the original application, the reason for the change in the information, the updated information and a confirmation that the remaining information in the application remains unchanged. (9) The requirements of this Article shall also apply in the event of any subsequent change in the information and documents relating to the granting of a license. Chapter Three Assessment of the Collective Suitability of the Members of the Management and Control Bodies of a Credit Servicer General Provisions Article 7. (1) Credit servicers shall ensure that the members of their management and control bodies, taken together, possess appropriate knowledge and experience for competent and responsible conduct of the activities at all times, of which their collective suitability shall be assessed.
8 Ordinance No 49 of the BNB (2) The BNB shall conduct an assessment of the collective suitability of the members of the management and control bodies of a credit servicer, in order to establish whether the members of the management and control bodies, taken together, have the appropriate knowledge and experience for competent and responsible conduct of the activities. (3) The assessment of the collective suitability of the members of the management and control bodies of a credit servicer shall be based on the criteria under Article 8, paragraph 9 of the Law on Credit Servicers and Credit Purchasers and in accordance with the Guidelines of the European Banking Authority issued pursuant to Article 5(1) (c) of Directive (EU) 2021/2167 of the European Parliament and of the Council of 24 November 2021 on credit servicers and credit purchasers and amending Directives 2008/48/EC and 2014/17/EU (OJ L 438 of 8 December 2021), hereinafter referred to as ‘Directive (EU) 2021/2167’. Initial and Ex-Post Collective Suitability Assessment Carried out by the Credit Servicer Article 8. (1) A person intending to carry out one or more of the activities under Article 6, paragraph 2 of the Law on Credit Servicers and Credit Purchasers shall carry out an assessment of the collective suitability of the members of its management and control bodies before submitting an application for issuing a license under Article 9 of the same Law. (2) A credit servicer shall carry out an ex-post assessment of the collective suitability of the members of management and control bodies in the following cases:
Ordinance No 49 of the BNB 9 (6) The credit servicer shall notify the BNB within 14 days of carrying out the assessment under paragraph 2 and submit the documents under paragraph 5. Carrying Out a Collective Suitability Assessment Article 9. (1) A collective suitability assessment under Article 8 shall be carried out prior to the appointment of each individual member of the management and control bodies of the credit servicer. (2) A collective suitability assessment may be carried out after the appointment of a member of the management and control bodies in the following cases:
10 Ordinance No 49 of the BNB assessment of the individual and collective suitability of the members of its management and control bodies, as well as of the measures taken under paragraph 2 and the time limits for their implementation. Assessment by the BNB of the Collective Suitability of Members of the Management and Control Bodies of a Credit Servicer Article 11. (1) The Bulgarian National Bank shall assess the collective suitability of the members of the management and control bodies of a company applying for a license under Article 9 of the Law on Credit Servicers and Credit Purchasers on the basis of the documents submitted by the applicant. (2) In the event of a change in the composition of the management or control body of a credit servicer, the BNB shall re-assess the collective suitability within 14 days of receiving the notification. The Bulgarian National Bank may require once the credit servicer to submit additional information or documents within a time limit specified by the BNB. (3) In the cases where the BNB has set a time limit for the submission of additional information and documents or elimination of irregularities, the time limit under paragraph 2 shall apply from the date of their submission, elimination of irregularities, respectively. (4) The Bulgarian National Bank may require the submission of additional documents certifying compliance with the requirements of this Chapter and Article 8, paragraphs 8 and 9 of the Law on Credit Servicers and Credit Purchasers, as well as assistance and information from other authorities. (5) The BNB shall inform the credit servicer of the result of the collective suitability assessment carried out under paragraph 2. Chapter Four Register of Credit Servicers Register Article 12. (1) The Bulgarian National Bank shall establish and maintain a register of:
Ordinance No 49 of the BNB 11 3. the name and legal form; 4. registered office and head office; 5. contact details of the credit servicer; 6. contact details for receiving complaints from borrowers pursuant to the procedure under Article 41, paragraphs 1 and 2 of the Law on Credit Servicers and Credit Purchasers; 7. the status of the license for performing credit servicing activities; 8. the status of the license for receiving and holding funds from borrowers pursuant to Article 13 of the Law on Credit Servicers and Credit Purchasers; 9. a list of the host Member States of which the credit servicer has notified the BNB that it intends to perform credit servicing activities and of which the BNB has submitted information pursuant to Article 22, paragraph 3 of the Law on Credit Servicers and Credit Purchasers to the relevant competent authority of the host Member State. (3) The register shall indicate the following data on the entities referred to in paragraph 1, item 2:
12 Ordinance No 49 of the BNB Chapter Five Cross-border Credit Servicing Performance of Credit Servicing Activities in Another Member State Article 13. (1) A credit servicer that has been granted a license in accordance with Article 9 of the Law on Credit Servicers and Credit Purchasers intending to carry out one or more of the activities under Article 6, paragraph 2 of the same law in another Member State shall file with the BNB a written notification containing the information referred to in Article 22, paragraph 2 of the Law on Credit Servicers and Credit Purchasers and enclose a document on the fee paid under Article 20, paragraph 1, item 3. (2) In the event of any subsequent change in the information included in the notification referred to in paragraph 1, the credit servicer shall promptly notify the BNB and provide updated information and, in the event of a change in relation to the Member States in which it intends to carry out one or more of the activities under Article 6, paragraph 2 of the Law on Credit Servicers and Credit Purchasers, shall also enclose a document on the fee paid under Article 20, paragraph 1, item 3. Chapter Six Continuity of Insurance Coverage Continuity of Insurance Coverage Article 14. (1) Annually, but no later than the expiry date of the insurance referred to in Article 8, paragraph 12 of the Law on Credit Servicers and Credit Purchasers, credit servicers shall submit to the BNB a copy of valid professional liability insurance. (2) The obligation under paragraph 1 shall also be deemed fulfilled upon presentation of an insurance certificate confirming that the insurance contract has been concluded. Chapter Seven Financial and Statistical Reporting Financial Reporting Article 15. (1) The credit servicer shall prepare and submit to the BNB quarterly and annual financial statements in a form and content set by the BNB, as follows: 1. quarterly financial statements: by the 20th day of the month following the reporting period; 2. audited annual financial statements: for the previous calendar year within seven days of receiving the audit report, but no later than 30 June of the current year.
Ordinance No 49 of the BNB 13 (2) The Bulgarian National Bank may require from credit servicers information and documents in order to identify all circumstances which are significant for the reporting under paragraph 1. (3) Credit servicers shall submit, upon BNB’s request, on paper and electronically annual financial statements, an annual activity report, annual consolidated financial statements and an annual consolidated activity report prepared under the Law on Accountancy. Control Article 16. The Bulgarian National Bank shall exercise control over the quarterly and annual financial statements submitted pursuant to Article 15, paragraph 1, as follows: 1. formal control: automated control for the mandatory completion of the fields required in report forms, compliance with formats, and respect of a pre-defined relationship between different fields in report forms; 2. logical control: control for the purposes of the reporting provided, which is the assessment and analysis of the data presented in the different report forms, as well as expert control. Statistical Reporting Article 17. Credit servicers shall provide the BNB with information for statistical purposes under a procedure determined by instructions of the Deputy Governor of the BNB heading the Banking Department. Chapter Eight Requirements for Credit Institutions and Credit Purchasers Information on Transferred Claims Provided by Credit Institutions Article 18. A credit institution that has transferred claims on non-performing loans shall submit to the BNB Integrated Information System (IIS) twice a year information on: 1. identification codes of the legal entity of the credit purchaser and its representative under Article 38 of the Law on Credit Servicers and Credit Purchasers and, where such code has not been assigned, the following shall be indicated: (a) data identifying the credit purchaser and its representative under Article 38 of the Law on Credit Servicers and Credit Purchasers, the persons who manage or represent them, and the persons having a qualifying holding in their capital within the meaning of Article 4(1)(36) of Regulation (EU) No 575/2013; (b) the address of the credit purchaser and its representative under Article 38 of the Law on Credit Servicers and Credit Purchasers; 2. the total amount of transferred claims on non-performing loans;
14 Ordinance No 49 of the BNB 3. the number and individual amount of transferred claims on non-performing loans; 4. the existence and types of collateral, where applicable. Information Provided by Credit Purchasers or Their Representatives Article 19. (1) The credit purchaser or its representative under Article 38 of the Law on Credit Servicers and Credit Purchasers shall submit information to the IIS on the name and address of the entities with which it has concluded a contract for the outsourcing of credit servicing activities no later than the date on which these activities start. (2) In the event of any change in the circumstances referred to in paragraph 1, the credit purchaser or its representative shall submit information to the IIS no later than the date of the changed circumstance and indicate the name and address of the new entity with which a contract for the outsourcing of credit servicing activities has been concluded. (3) The credit purchaser or his representative under Article 38 of the Law on Credit Servicers and Credit Purchasers who has transferred claims on non-performing loans to another purchaser shall submit to the IIS, twice a year, the following information: 1. identification codes of the legal entity of the new credit purchaser and its representative and, where such code has not been assigned, the following shall be indicated: (a) data identifying the new credit purchaser and its representative, the persons who manage or represent them, and the persons having a qualifying holding in their capital within the meaning of Article 4(1)(36) of Regulation (EU) No 575/2013; (b) the address of the new credit purchaser and its representative; 2. the total amount of transferred claims on non-performing loans; 3. the number and individual amount of transferred claims on non-performing loans; 4. the existence and types of collateral, where applicable. (4) The information referred to in paragraph 3 concerning the activity of transferring claims on non-performing loans for the period up to 30 June and 31 December of the calendar year shall be submitted by credit purchasers by the twentieth day of the month following the specified periods. Chapter Nine Fees Types of Fees Article 20. (1) For administrative costs related to the examination of applications and documents for the issuance of a license, as well as for entry of changes in circumstances in the register under Article 15 of the Law on Credit Servicers and Credit Purchasers, the BNB shall collect fees, as follows:
Ordinance No 49 of the BNB 15 1. to examine an application for the issuance of a license for carrying out an activity as a credit servicer: the lev equivalent of EUR 10,000; 2. to examine an application for the change of a license under Article 12, paragraph 2 of the Law on Credit Servicers and Credit Purchasers: the lev equivalent of EUR 3000; 3. for entry in the register under Article 15 of the Law on Credit Servicers and Credit Purchasers of changes in circumstances: the lev equivalent of EUR 2500. (2) To cover administrative costs arising from the supervisory functions over credit servicers, the BNB shall collect an annual fee amounting to 0.5 per cent of the total revenue of the credit servicer for the previous financial year, but not exceeding the lev equivalent of EUR 5000. (3) For the purposes of determining the fee under paragraph 2, credit servicers shall submit to the BNB their audited annual financial statements for the previous calendar year no later than 30 June of the current year. (4) If the BNB ceases to perform supervisory functions under this Ordinance over a credit servicer, the annual fee due under paragraph 2 shall be calculated, as follows: 1. the last determined individual fee amount shall be allocated proportionally over four quarters; 2. only the portion for the quarters during which the BNB has exercised supervision shall be considered due, including the quarters of the previous year if no fee has yet been determined for the relevant year. Determination of the Individual Amount of Fees Article 21. (1) The individual amount of fees under Article 20, paragraph 2 for each credit servicer shall be approved by the BNB Governing Council by 31 July of the year following the calendar year for which they are due. (2) Within seven days from the date of the decision referred to in paragraph 1, the BNB shall notify the entity under paragraph 1 of the due fees. (3) The entity referred to in paragraph 1 shall pay the due fee within 14 days of the date of receipt of the notification referred to in paragraph 2. (4) If an entity under paragraph 1 fails to comply with the deadline for the fee payment, interest shall be charged for the period of delay on the amount due at the statutory rate. Final Provisions § 1. (1) The Deputy Governor of the BNB heading the Banking Department shall issue instructions under Article 2, paragraph 1, Article 3, item 6, and Article 17. (2) The Deputy Governor of the Bulgarian National Bank heading the Banking Department may also issue other instructions on this Ordinance. (3) The documents referred to in paragraphs 1 and 2 shall be published on the BNB website. § 2. As of 1 January 2026, the words ‘the lev equivalent of’ in Article 20 shall be deleted.
16 Ordinance No 49 of the BNB § 3. This Ordinance is issued on the grounds of Article 8, paragraph 18, Article 9, paragraph 15, Article 10, paragraph 3, Article 15, paragraph 5, Article 30 and Article 39, paragraph 7 of the Law on Credit Servicers and Credit Purchasers and adopted by Resolution No 475 of 6 October 2025 of the Governing Council of the Bulgarian National Bank.