site.btaVazrazhdane Tables Bill to Ban NGOs from Using Names Resembling State Institutions

Vazrazhdane MPs Iskra Mihaylova and Daniel Prodanov tabled a bill amending the Non-Profit Legal Entities Act to prohibit non-governmental organizations (NGOs) from using names that imitate state institutions, the party’s press service said on Monday.

On February 10, Yes, Bulgaria announced on Facebook that it is introducing amendments to the Non-Profit Legal Entities Act and the Commerce Act “to clearly regulate the prohibition on using names resembling those of administrative bodies and state authorities.” Earlier the same day, Justice Minister Georgi Georgiev asked the Registry Agency to review the registration of an entity called the National Protected Areas Control Agency (NPACA), which is reportedly linked to the six violent deaths in the Petrohan case.

The main objective of the draft legislation is to address what the sponsors describe as an identified legislative gap that currently allows non-profit legal entities to use in their names terms characteristic of state bodies and institutions without having public-law status or legally defined powers. Although the current law formally prohibits misleading names, it lacks specific regulation as to which words and phrases create an institutional implication and conditions for deception, the sponsors argue.

The proposed amendments explicitly prohibit non-profit legal entities from using in their names words and designations that denote or imply affiliation with a state authority, a local self-government body or an institution established by law, as well as terms creating the impression of exercising public authority. A categorical ban is also envisaged on the use of the words “state” and related derivatives, unless expressly provided for by law.

The bill further introduces clear restrictions on the use of the words “national” in combination with designations such as “agency”, “institute”, “commission”, “service”, “inspectorate”, “authority”, “administration” and “centre”. According to the sponsors, such combinations are traditionally associated with state bodies established by law, and their use by private-law entities creates a real risk of misleading citizens, institutions and international partners.

The proposed changes aim to restore a clear distinction between public-law institutions and private legal entities. The bill also has a preventive character, limiting the possibility for NGOs to benefit from public trust stemming from institution-sounding names when participating in public debates, funding procedures or interaction with state and international structures, Vazrazhdane said.

The sponsors explicitly stress that the proposed amendments do not restrict the freedom of association guaranteed by the Bulgarian Constitution, nor do they affect the objectives, activities or freedom of expression of non-profit legal entities. The regulation concerns solely the public name as an element of the legal identity of the respective entity.

A three-month period from the law’s entry into force is envisaged for already registered non-profit legal entities to bring their names into compliance with the new requirements.