22.01.2024
FOR CHILDREN AT RISK, THERE IS A HOTLINE 116 111
In connection with the latest shocking case of an abused child, the Ministry of Labor and Social Policy recalls what is done in such situations. Officials and anyone who becomes aware that a child needs protection have obligations.
According to the Child Protection Act, any person who becomes aware that a child is in need of protection must immediately notify the Directorate of Social Assistance, the State Agency for Child Protection or the Ministry of Internal Affairs (MIA). The same obligation applies to any person who has become aware of this in connection with his/her profession or activity, even if it is bound by professional secrecy.
The fastest way to make a report is by calling the National Children's Helpline 116 111. It works 24/7 and is free. In addition to submitting information about a child at risk under it, every citizen can also receive counseling and psychological support. The telephone line has an established connection with the National Emergency Call System 112, the "Child Protection" departments of the Social Assistance Agency throughout Bulgaria, the regional offices of the Ministry of Internal Affairs, the regional offices of education at the Ministry of Education and Science. When reporting a child at risk, the operators of the telephone number 116 111 immediately contact the child protection authorities for investigation and taking protective measures and actions.
A report about a child at risk can also be submitted to the official e-mail of the SACP: sacp@sacp.government.bg, as well as on the Agency's website using the "Submit a report" button. Every citizen can submit information and be consulted on the spot at the State Agency for Child Protection and the Agency for Social Assistance in Sofia and in their regional structures.
19.01.2024
WHAT COMPANIES GO BANKRUPT MOST OFTEN IN OUR COUNTRY?
Bulgarians have returned to starting private businesses, according to the latest data from the National Statistical Institute. For the last three months of last year, 10,633 new companies were registered in our country.
Their number is still lower than the period before the covid pandemic, when 11,627 companies were opened in the period October-December 2019, but it is also increasing compared to the last quarter of 2020, when registrations were only 9,438.
At the same time, there is a serious decrease in the number of companies that declared bankruptcy, with 977 for October - December 2023, compared to 1192 for the same period of 2019.
Compared to the same quarter of 2022, the total number of newly registered people decreased by 2.4%, and that of bankrupts - by 14.9%. Compared to the third quarter of 2023, newly registered legal entities increased by 8.2%, and those that declared bankruptcy - by 17.8%.
Most new companies are opened in the trade sector. Of all newly registered companies in the fourth quarter of 2023, the largest number are in sector G "Trade; repair of cars and motorcycles" - 88.4% or 9396 companies.
Expectedly, among those declared bankrupt, again the largest number are in this sector - 76.7% of all or 749.
Many bankruptcies were reported in the "Financial and insurance activities, real estate activities" sector - 95, as well as in industry - 36, and in construction - 30.
The companies dealing with "Information and Communications" survive best on the market, where 92 such companies were registered in the last three months, and only 9 went bankrupt.
18.01.2024
UNEMPLOYMENT IN OUR COUNTRY IS RISING
The level of registered unemployment in the country increased by 0.1 percentage points on a monthly basis, and on an annual basis the growth was by 0.9 percentage points and reached 5.6 percent in December.
According to data from the Employment Agency, the number of registered unemployed at the end of the month was slightly over 158 thousand, the increase compared to November was by 1580 people.
The newly registered unemployed in December are nearly 18,300. Compared to the previous month, the decrease is slightly over 6,000, and compared to December last year - by over 8,000, reports the agency. There were 8,800 people who started work in the last month of the year. The largest share of them are in the processing industry - 15 percent.
For the whole of last year, 154,000 people found employment through the mediation of the Labor Offices, 90 percent of them - on the primary labor market.
In December, businesses reported 4,400 jobs, up from 7,500 in November. 20 percent of the vacant positions are in the processing industry, 18 percent - in trade.
The occupations most in demand by businesses are human care staff, sales staff, service staff, educators, machine operators, mining and manufacturing workers.
17.01.2024
RESTORATION OF REGISTRATION IN THE LABOR BUREAU AFTER DISCONNECTION
Any Bulgarian citizen, as well as any citizen of another member state of the European Union, or of another state party to the Agreement on the European Economic Area, or of the Swiss Confederation, who is looking for work, can register at the territorial division of the Employment Agency (in Labor Office Directorate).
All jobseekers have the right to register with the Labor Office under one of the following groups: unemployed; busy; learners who wish to work during their free time from studying; persons who have acquired the right to a pension for length of service and age in the Republic of Bulgaria, persons receiving an occupational pension for early retirement, an old-age pension in another country or a pension for length of service and age in a reduced amount, who are not working.
When registering, the person declares his status. After registration, the relevant rights and obligations regulated by law arise for him, and in the event of a change in the declared circumstances, he is obliged to notify one of the divisions of the Employment Agency within 7 working days of the change.
The law sets out requirements that individuals must comply with while they are registered as jobseekers. In practice, it often happens that this registration is terminated for one reason or another, and the individuals themselves look for opportunities to register again. In such situations, individuals face additional requirements that differ from those of their initial registration.
What are the options for restoring registration with the Labor Office after it has been terminated?
When registration is terminated due to "faulty" grounds, it is reinstated upon presentation of evidence of the existence of valid reasons. According to the law, "reasonable reasons" are: detention by authorities; appearing in a court or other state body; participation in military training or retraining, illness and others, certified by an official document, for which the head of the Employment Agency division is notified in a timely manner.
The registration of unemployed persons is restored upon presentation of evidence of the presence of valid reasons within 7 working days from the disappearance of the valid reason.
When the registration of persons is terminated on the grounds of "starting work", but the employment relationship has not been established, it is also reinstated. The employer is obliged to provide each person with an employment contract signed by both parties and a copy of a notification certified by the territorial directorate of the National Revenue Agency.
The worker or employee is obliged to start work within 7 days from the provision of the contract and a copy of the notice, unless the parties have agreed on another period. The employment relationship is considered not to have arisen when the person who entered into an employment contract does not start work within this period. In this case, the registration is restored when the person declares the circumstance of "not starting to work".
The registration of jobseekers is restored after presentation of an identity document and personal submission of an application-declaration to the director of the "Labor Office" Directorate.
Reference:
Art. 20, para. 3-9 of the Employment Promotion Act
paragraph 1, item 26 of the Additional Provisions of the Employment Promotion Act
Art. 16, paragraph 1-8 of the Regulations for the Implementation of the Employment Promotion Act.
17.01.2024
AGENCY FOR PEOPLE WITH DISABILITIES EASES THE CONDITIONS FOR FINANCING PROJECTS FOR SPECIALIZED ENTERPRISES AND COOPERATIVES OF PEOPLE WITH DISABILITIES
The Ministry of Labor and Social Policy publishes for public discussion a draft of a new Methodology for financing projects of specialized enterprises and cooperatives of people with disabilities. The main purpose of the normative act is to ease the conditions for applying for the allocation of funds from the Agency for People with Disabilities for the implementation of projects with a social and economic focus. They create conditions for the employment of people with disabilities and increase the opportunities for their full inclusion in society.
The methodology contains a number of measures to reduce the administrative burden and stimulate a wider range of specialized enterprises and cooperatives to submit projects. It facilitates the process of evaluating and ranking the approved proposals and their financing.
In order to stimulate the interest of the applicants, it is envisaged that the period during which specialized enterprises and cooperatives must be registered in the Agency for People with Disabilities will be reduced from one full reporting financial year to 3 full calendar months. It is proposed to drop the previous restrictions for applicants with up to 10 roster members to receive funding for training to increase the professional qualification and educational level of employed people with disabilities. According to the project of the new methodology, enterprises and cooperatives will be able to apply for training funding for the entire roster, not just for employees with permanent disabilities.
According to the methodology, Agency for People with Disabilities will allocate funds for financing projects with a social focus, which include activities to create safe and healthy working conditions, ensuring access to workplaces and sanitary facilities for people with permanent disabilities, as well as for conducting training courses for increasing the professional qualification, skills and competences of the employees. Applicants will be able to receive funds for the financing of business-oriented investment proposals that lead to technological renewal, purchase of equipment, opening of new jobs, improvement of competitive opportunities and financial stabilization of specialized enterprises and cooperatives of people with disabilities.
16.01.2024
FUN SAVINGS CHALLENGES FOR YOUNG AND BIG
Although fast loans usually have less favorable terms, about 25% of Bulgarians resort to them for the purchase of equipment, home repairs or vacations with the family. We challenge you – to start saving from the first days of the new year, so that in 2024 you don't have to take out quick loans.
Are you planning to set up a rainy day fund? Or maybe you want to save some money for a holiday break or Christmas gifts for the whole family? Whatever your goal is, it's easy to achieve without having to sacrifice anything essential.
The Savings Challenge is a fun and educational way to work toward your financial goals. And committing to saving small amounts is also an excellent opportunity to show your children the value of money.
Ready to start saving? Let's look at a few different challenges, their benefits, and how to adapt them to fit your budget and financial needs.
1 Penny Challenge
This challenge is a method of saving money for 365 days. The goal is to increase the amount you save by 1 cent every day of the year. The first day you save 1 cent, the second - 2, the third - 3, etc. On the last day of the year, the amount must have grown to 3.65 BGN. And the sum of all these smaller amounts makes 667.95 BGN. A good amount for Christmas presents and a holiday dinner, right?
It is best to start the challenge in January. Although the amount you save at the beginning is easy to calculate, the challenge becomes more difficult towards the end of the year. This frugal method will help you pay attention to the little things you spend money on every day. It's also a great chance to create positive habits to improve your overall financial well-being.
It's a good idea to use a spreadsheet or note the amounts on a calendar to track your savings progress. Put your money in a piggy bank to watch the amount grow every day. This will motivate you to keep going. And if your partner does the same, you will be twice as rich at the end of the year.
A challenge for kids
The penny a day challenge can also be adapted for young children. The child must set aside 1 penny each, saving BGN 3.65 by the end of the year. This token amount is a great way to help little ones understand the importance of money.
Choose a glass jar or transparent piggy bank so kids can watch their savings grow. In this way, adolescents will develop good saving habits early on.
If the children are older, you can encourage them to save 10 cents each day to reach BGN 36.50 at the end of the year. Or 1 BGN per day for 365 BGN at the end of the period. You might also consider adding compounding interest to motivate them even more.
1 Penny Reverse Challenge
The challenge has the same goal – to have 667.95 BGN at the end of the year. With him, on the first day of the new year, you have to put BGN 3.65 into the piggy bank and reduce the amount by 1 penny every day. This method may be easier for you if you often run out of money around the Christmas holidays. That way, you'll tick off the hardest part, and over time, saving will become easier.
52 Week Challenge
Do you want to have an additional 1378 BGN at the end of the year? All you need to get started is BGN 1. Meet the 52-Week Challenge - a simple plan to help you turn relatively small weekly savings over the year into a big bottom line.
In the 52-week challenge, you save an amount of money that corresponds to the week you saved it. Start with 1 BGN in the first week. In the second week, save BGN 2. Week number 3 requires BGN 3. In the last week, you should save 52 BGN - and in the end you will have a total of 1378 BGN.
26 week challenge
This adaptation of the 52-week challenge is perfect for people who get paid every two weeks. The final result of the saving is the same - 1378 BGN.
The idea is to start from the second week and save BGN 3 (BGN 1 from the first week and BGN 2 from the second week), and then in the fourth week you will save BGN 7 (from the third and fourth weeks). This can make it difficult to keep track if you don't keep notes, but it will help you spread out your savings.
Challenge "1500 BGN"
This challenge is difficult, but the reward is great. With this method, you will save almost 1500 BGN (or more precisely 1456 BGN). With it, you increase the amount you save each day for a week and then reset the next week.
So, on Monday you save BGN 1, on Tuesday you save BGN 2, on Wednesday you save BGN 3 and so on until you get to Sunday when you save BGN 7. Then you return to BGN 1 on Monday and repeat this every week. Keep in mind that saving 28 BGN per week is a more serious financial commitment.
12 month challenge
The Monthly Savings Challenge encourages you to save money every month. The idea is to start with BGN 10 and gradually increase the amount every month. Multiply the month by 10 to calculate the savings you need to set aside.
Thus, in January you will save BGN 10, in February – BGN 20, in March – BGN 30, etc. If you stick to the challenge, your monthly savings will pay off BGN 780 at the end of the year.
The big challenge "7000 BGN"
The last challenge we offer you is the most ambitious of all. To make it more achievable, you can do it together with your partner - a particularly good idea if you're saving together for a mortgage deposit, wedding, car or other big purchase.
The first version of this challenge is based on the "1 cent" principle, whereby you save in increments of 10 cents per day to reach the final amount of BGN 6,679.50, with which you can treat yourself properly during the holidays.
The second option works on the same principle as the 52-week challenge, but with it you increase the amount in multiples of BGN 5 instead of BGN 1. So the first week = BGN 5, the second week = BGN 10 and so on until week number 52 = BGN 260 or a total of BGN 6,890 for the year.
Alternatively, if you are not able to set aside such large amounts, you can save BGN 5 or BGN 10 each week. With this method, you will be able to save 260 or 520 BGN, respectively.
So, what savings challenge will you start the new year with?
16.01.2024
DRAMATIC DROP IN JOB POSTINGS IN DECEMBER
In the last month of 2023, job postings fell 19 percent from the previous month, according to HR company and career site JobTiger's monthly analysis. The company states that this is a drop of nearly 7,000 offers on a monthly basis, with the total number of listings being around 30,000.
From there, they point out that traditionally in December there is a sharp drop in job advertisements due to the holidays during the Christmas and New Year holidays. As a result, many employers have stopped posting jobs online.
On an annual basis, growth is reported - job announcements are 9 percent more compared to the same period in 2022, and in almost every one of the sectors there are more offers compared to last year, the career site specifies.
As a share of advertisements in 2023, almost the same picture is observed, Job Tiger adds. A major change in the share distribution is reported in the IT sector, which occupied second place in terms of share of proposals in December 2022 with 15 percent, and in the same month in 2023 it was already in sixth place with a 9 percent share.
The distribution of advertisements in the remaining sectors in December 2023 is almost the same as in the other months of the year. In first place is the "Trade and Sales" sector with 25 percent, followed by the "Manufacturing" (15 percent) and "Hospitality and Restaurant" sectors (13 percent). Followed by the sectors "Administrative and service activities" (12 percent), "Logistics and transport" (11 percent), "IT" (9 percent), "Health care and pharmacy" (6 percent), "Construction" (5 percent) , "Accounting, Auditing, Finance" (5 percent), "Marketing and Advertising" (3 percent) and "Art" (2 percent).
In December 2023, the number of offers for work from home and/or remote work decreased by 19 percent compared to the previous month, as well as by 23 percent less than in December 2022. As a share of the total number of advertisements, this type of offer occupies 10 percent of the supply in the last month of the past year, according to Job Tiger. The distribution in the "IT" sector is 52 percent. "Administrative and service activities" ranks second with 18 percent. The "Outsourcing Industry" sectors followed with 15 percent and "Trade and Sales" with 8 percent.
As with all other indicators, in December 2023 there was a decline in offers in all the leading regional cities - Sofia (minus 21 percent), Plovdiv (minus 20 percent), Varna (minus 18 percent), Burgas (minus 21 percent), Ruse (minus 16 percent) and Stara Zagora (minus 16 percent). As for share distribution, the ads in Sofia are 45 percent, and in the other cities they are: Plovdiv (10 percent), Varna (8 percent), Burgas (4 percent), Ruse (3 percent) and Stara Zagora (3 percent).
In all probability, at the end of January, there will be an increase in offers on all the indicators considered by "Job Tiger".
15.01.2024
60% OF ROMANIANS ARE SATISFIED AND VERY SATISFIED WITH THE WAY THEY LIVE, 6% ARE HUNGRY, ACCORDING TO A SOCIOLOGICAL SURVEY
Almost two-thirds (60%) of Romanians declare that they are satisfied and very satisfied with the way they live, with only 5% saying they have everything they need and 6% saying they are starving, the results of study by the Romanian Institute for Evaluation and Strategy (IRES).
The sociological research published at the end of last year highlights that compared to the survey carried out in 2022, the degree of life satisfaction has risen and if last December 41% of Romanians said they were satisfied and very satisfied with the way they live, currently 60% of respondents say the same.
The satisfaction of young people and those living in cities is higher than average, while people with low education and those living in the Moldova region of eastern Romania are more dissatisfied with their standard of living, but only 5% of survey participants say that they have everything they need and can afford to buy anything they want. One in 10 Romanians say they have a hard time, and over a quarter of those surveyed admit they have only the bare necessities.
65% of those surveyed said they had reduced their spending on non-food essentials, 63% said they had stopped buying certain food brands they used to use because they had become more expensive, and 56% were refused to buy various food products due to lack of money. More than a quarter of those surveyed said they had to postpone paying a utility bill (water, gas, electricity, etc.).
Just over a third of survey participants (37%) say they managed to save money in 2023 (compared to 46% in 2022), three out of 10 Romanians borrowed money from other family members, one in five borrowed from friends or acquaintances, and 16% borrowed from a bank. In addition, more than a quarter of those surveyed said they currently have outstanding debt (including loans), and 19% said they were owed money by various people.
More than 40% of Romanians went on holiday this year, one third traveled abroad, one in five Romanians traveled by plane in 2023.
In terms of health, according to the survey, seven out of 10 Romanians said they had gone to a medical examination, and 22% said they had been hospitalized.
At the same time, 34% feel lonely, 28% think they need help but don't get it, 28% feel the need to talk to someone close, but have no one to talk to, and a quarter of respondents need help, but don't have any who to turn to.
One in ten Romanians has visited a psychologist, with 68% of those surveyed saying they experienced stress during the year.
According to the research of the Romanian Institute for Evaluation and Strategy, 16% of respondents claimed that in 2023 they were victims of verbal violence on the street.
The survey was conducted between December 12 and 19, 2023 using the CATI method among 1,075 adults. The study is representative of the elderly, non-institutionalized population in Romania and has a maximum margin of error of plus/minus 3%. It is part of the social responsibility program of the Romanian Institute for Evaluation and Strategy and was carried out with own funds.
12.01.2024
EUROPEAN FUNDING PROGRAMS WE CAN TAKE ADVANTAGE OF
European funding is a key tool for supporting various projects and initiatives in the member states of the European Union. It is an essential element of the general strategy for sustainable development and stimulation of economic and social progress in the community.
In this context, the advantages of European funding are numerous and play an important role in achieving the common objectives of the EU. Let's look at what types of funding are available and how they contribute to stimulating economic development, innovation and social cohesion within the Community.
Types of European funding
The EU provides funding for a number of projects and programs. In addition, strict rules apply to strictly control how the funds are used and to ensure that they are spent in terms of transparency and accountability.
EU funding is provided in a number of different forms:
- grants - usually people apply for grants by submitting project ideas after a call for proposals;
- subsidies - managed by national and regional authorities;
- loans, guarantees and equity capital – as forms of financial assistance in support of EU policies and programs;
- loans for EU and non-EU countries;
- prizes for the winners of the contests under the "Horizon Europe" program.
Who can get EU funding?
All European citizens and many people in other parts of the world benefit directly or indirectly from the EU budget. Its funds help millions of students, thousands of researchers and many cities, regions and non-profit organizations.
See the most common profiles of beneficiaries applying for EU funding:
- Youth - funding opportunities for young people;
- Researchers - funding programs and open calls for proposals;
- Agricultural producers and enterprises in rural areas - financing opportunities for farmers;
- Small and medium-sized enterprises - financing opportunities for small companies;
- Public institutions – funding opportunities for public bodies;
- Non-governmental organizations, non-profit organizations - funding opportunities for NGOs.
Modes of management
Programs financed by the EU budget can be implemented in three different ways depending on the nature of the funding concerned:
- Direct management – EU funding is managed directly by the European Commission;
- Shared management – the European Commission and the national authorities jointly manage the funding;
- Indirect management – funding is managed by partner organizations or other bodies in or outside the EU.
This means that when the EU provides funding for a specific program or project, it is not always directly involved in day-to-day management. At the same time, although Member States are responsible for spending the majority of the EU budget, the Commission is ultimately responsible for its implementation.
Therefore, the Commission carries out strict and effective control over the way EU funds are spent. The procedure varies depending on how the program is run.
In order to receive funding for a project, the applicant must find a suitable call for proposals/projects and carefully follow the specific application guidelines – each call is different. The project will compete for funding with the projects presented by the other applicants within the framework of the respective call.
With direct management of EU funding, the European Commission is directly responsible for all stages of program implementation. The Commission has the duty to: publish calls for proposals, evaluate submitted proposals, sign grant agreements, monitor project implementation, evaluate results and make payments.
An example of a program managed directly by the Commission is the Program for the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME), whose main objective is to support the creation and growth of SMEs. If an applicant is an entrepreneur seeking EU financial support, the contact and management office will be the Executive Agency for the European Innovation Council and for SMEs implementing COSME.
You can apply for this type of funding by responding to calls for proposals. Calls for proposals under direct management are published on the Funding and Procurement Portal (SEDIA).
The application process must be done through the European Commission's funding and procurement portal. For both grants and procurement, the usual application process involves finding a call for which you are eligible, finding a project partner, creating a profile on the portal, registering your organization and submitting a proposal.
In shared management of EU funding, responsibility for managing a program is shared between the European Commission and national authorities in EU countries. Around 70% of EU programs are managed in this way.
For example, if you are a farmer in the EU and have a project to start growing organic vegetables, you can apply for funding under the Common Agricultural Policy (CAP). To do this, you should contact your country's Ministry of Agriculture or another similar institution that is responsible for managing the funds for your project on behalf of the EU.
National, regional and local administrations in EU countries choose which projects to finance and are responsible for their operational management. The Commission works together with EU countries to ensure the successful completion of projects and the correct use of funds.
Cohesion policy and agriculture are the main areas where shared management is used - mainly through the following funds:
- European Fund for Regional Development - regional and urban development;
- Cohesion Fund - for less developed regions;
- European Social Fund Plus – social inclusion and good governance;
- Just Transition Fund – support for the regions most affected by the transition to climate neutrality;
- European Agricultural Fund for Rural Development;
- European Maritime and Fisheries Fund.
More information on the EU budget 2014-2020 can be found on the page for regional and national governing bodies. A web page with contact points by Member State is under development, including for funding under the 2021 EU budget programs – 2027
In indirect management of EU funding, funding programs are implemented partly or entirely by third parties, such as national authorities or international organisations. Funding is in the form of grants, which are applied for at the national level.
Most of the EU's humanitarian aid and international development budget is implemented under indirect management. Indirectly managed programs account for around 10% of the total EU budget.
If you apply for funds managed by an implementing partner under indirect management, you will need to follow the application procedure established by the relevant implementing partner, which will act as the awarding authority. You will need to check the implementing partner's website for specific requirements for the application process.
Examples of implementing partners that provide EU funds under indirect management are:
- International organizations;
- Specialized bodies of the Union;
- Decentralized agencies;
- Joint ventures (public-private partnerships);
- National authorities.
Organizations or individuals wishing to work under indirect management must fall into specific categories defined in the Financial Regulation governing the use of the Union budget. Before becoming implementing partners, they must also carry out an ex ante assessment of their systems, rules and procedures to ensure that the EU funds they will receive will be managed safely.
11.01.2024
HOW CAN A GIVEN POWER OF ATTORNEY BE WITHDRAWN AND ITS EFFECT TERMINATED?
If there were statistics, powers of attorney would probably be one of the most widely issued documents in Bulgaria. There is hardly a person who, at least once in his life, has not had to authorize a relative, relative, friend, lawyer to be represented before an institution or company - be it before a court, before the Ministry of the Interior, before a notary, before suppliers of electricity, heat, water, etc.
The power of attorney is usually given easily - write the authorized person, the leg data, what exactly is authorized to do on behalf of the power of attorney, sign, indicate the date and place. However, when it comes to withdrawal, things are more ambiguous and complicated.
According to the Law on Obligations and Contracts, one person can represent another either by the provision of law or by the will of the represented person. The power of attorney enters into the second hypothesis - by the free will of the authorizer. And here comes the important and dangerous thing - "the consequences of the legal actions that the representative performs, arise directly for the represented". This means that if a general, general power of attorney is given for everything, it can really lead to adverse consequences. That is why it is also good that the powers of attorney issued are for precisely defined, specific, listed things.
According to the Law on Obligations and Contracts, "the principal has the right to always withdraw the power of attorney, and the agent has the right to renounce it." The law also states that the power of attorney is terminated by its withdrawal or renunciation, by the death of the authorizer or the proxy, or by placing them under interdiction, and when the authorizer or proxy is a legal entity - by their termination.
Said like this, it sounds easy, but in practice and in very specific cases, this is not exactly the case at all. Because many questions arise - for example, how exactly is the termination done, in what way, from what moment does it come into force, what is the effect of the withdrawal in relation to the third parties with whom the authorized person has contracted or is contracting, etc.
The easiest and simplest option is to take the power of attorney, then destroy it as a document, including physically. However, it is possible that this cannot be done - because of the refusal of the proxy or if the latter claims to have lost it. In this hypothesis, there is also the possibility that he made copies and the fact that the power of attorney was confiscated does not matter at all and the power of attorney misused a copy. Therefore, it is best to act through a notarial invitation. It is drawn up in the notary's office and sent by post or courier to the attorney. After receiving it in the notary's office, the return receipt is returned. The authorizer receives a copy of the invitation, in which it is noted when it was drawn up and when and by whom it was received. In this way, he is provided with a document that the proxy has been notified of the withdrawal of the power of attorney and that he has learned about it.
The last - that he learned is very important. In this sense, the judicial practice is also. For example, according to decision No. 1939 of 2002 of the Supreme Court of Cassation, it is expressly noted that "the unilateral declaration of will to withdraw a given power of attorney, in order to achieve the intended effect, must unconditionally have reached the authorized person". Otherwise, the consequences of the legal actions that the representative has performed have arisen directly for the represented. In addition, the termination of the power of attorney cannot be opposed by third parties who have contracted with the power of attorney in good faith. Then it will be the burden of the authorizer to prove the bad faith of the third party.
The problem is more complicated if the proxy cannot be found. Then the best option is to spread the word to as many people and institutions as possible that the power of attorney is being terminated. If, for example, a power of attorney was given to withdraw an amount from a specific bank - to notify the bank itself. Or if the property is sold through brokers - to notify the brokers, etc.
From the moment the agent learns of the withdrawal, but continues to act as such, he owes compensation to the bona fide parties affected. However, such compensation will have to be claimed in court.
