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Portrait of Desislava Anastasova

Desislava Anastasova

Associate

Contact
CMS Sofia
Landmark Centre
14 Tzar Osvoboditel Blvd
1000 Sofia
Bulgaria
Languages Bulgarian, English
Commercial

Expertise

Desislava Anastasova is an associate specialising in commercial law. She has significant experience in the fields of commercial and contract law, successfully advising clients in key areas of their operative business.

Previous work experience / training

Before joining CMS, she gained experience in a leading law firm in Sofia. Desislava Anastasova has worked for national and international enterprises, mainly banks and financial institutions, as well as manufacturing enterprises, representing them in and out of court in various civil and commercial disputes and advising them on ad hoc legal matters. She has over ten years of experience working in the fields of commercial law, dispute resolution, insolvency and restructuring, etc. Desislava Anastasova graduated in law from the Sofia “St. Kliment Ohridski” University and is admitted to the Sofia Bar. She joined CMS Sofia in 2014 as an associate. In this capacity, she is part of the CMS Sofia core team for the field of dispute resolution. Following the successful completion of a mediation training course in 2017, she was registered in the Unified Register of Mediators at the Ministry of Justice in Bulgaria.

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Relevant experience

  • Desislava Anastasova completed an in-depth training in European Union law and has comprehensive knowledge of the various regulations and procedures.
  • Ongoing legal support for a major international clothing retail company in commercial issues, such as commercial agreements, general terms and conditions, online commerce, representation before authorities responsible for commerce, consumer products regulations, including labeling and pricing matters, etc. 
  • Advising a leading supplier of linear motion technology components on legal matters arising in daily business, including commercial and real estate matters.Advising the second largest fast food chain in the world on its franchise agreement with a local franchisee, including review, research and comments on the execution of the agreement, as well as handling successful preliminary injunction proceedings against a franchisee.
  • Advising a German client in the field of innovative technologies on general commercial matters and the collection of receivables in the course of liquidation proceedings of its Bulgarian business partner.
  • Advising a cryptocurrencies trader based in Israel on the Bulgarian legal framework for trading cryptocurrencies, including on KYC checks, anti-money laundering procedures and e-commerce.
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Memberships & Roles

  • Sofia Bar Association
  • Registered mediator in the Unified Register of Mediators at the Ministry of Justice in Bulgaria
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Publications

  • New Cross-Border Inheritance Provisions of the Civil Procedure Code
  • Stabilization Proceedings for Companies
  • New EU ePrivacy Regulation to come into force in 2019: What to expect
  • New EU Directive Regulates the Protection of Whistleblowers
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Education

  • 2012 – Master of Laws (LL.M.), Sofia University “St. Kliment Ohridski”
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Dispute Resolution

Expertise

For many years, Desislava Anastasova has focused on the areas of dispute resolution and insolvency. She is very experienced in these fields.

Previous work experience / training

Before joining CMS, she gained experience in a leading law firm in Sofia. Desislava Anastasova has worked for national and international enterprises, mainly banks and financial institutions, as well as manufacturing enterprises, representing them in and out of court in various civil and commercial disputes and advising them on ad hoc legal matters. She has over ten years of experience working in the fields of commercial law, dispute resolution, insolvency and restructuring, etc.

Desislava Anastasova graduated in law from Sofia University “St. Kliment Ohridski” and is admitted to the Sofia Bar. She joined CMS Sofia in 2014 as an associate. In this capacity, she is part of the CMS Sofia core team for the field of dispute resolution.
Following the successful completion of a mediation training course in 2017, Desislava Anastasova was registered in the Unified Register of Mediators at the Ministry of Justice in Bulgaria.

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Relevant experience

  • Desislava Anastasova completed an in-depth training in European Union law and has comprehensive knowledge of the various regulations and procedures.
  • Advising many local and international companies in litigation related to claiming receivables, participation in insolvency and liquidation proceedings, etc., including enforcing preliminary injunctions regarding claims and other court claims, enforcement proceedings and proceedings under European Union legislation, such as the issuance of European Payment Orders and European Account Preservation Orders.
  • Advising and representing a major Austrian leasing company and its Bulgarian subsidiary in numerous arbitration/court and enforcement proceedings with respect to the client’s claims, including claims regarding significant receivables from leasing agreements, return of assets, imposition of interim measures, etc.
  • Advising an international investor on corporate and commercial issues of the investor’s share participation in Bulgarian companies, including litigation with respect to claims against other shareholders and third parties connected to the companies.
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Memberships & Roles

  • Sofia Bar Association
  • Registered mediator in the Unified Register of Mediators at the Ministry of Justice in Bulgaria
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Publications

  • New Cross-Border Inheritance Provisions of the Civil Procedure Code
  • Stabilization Proceedings for Companies
  • New EU ePrivacy Regulation to come into force in 2019: What to expect
  • New EU Directive Regulates the Protection of Whistleblowers
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Education

  • 2012 – Master of Laws (LL.M.), Sofia University “St. Kliment Ohridski”
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Insolvency & Restructuring

Expertise

During the years of experience, Desislava has gained a significant expertise in the field of insolvency and restructuring, including representation of clients in insolvency proceedings and participation in banking transactions for restructuring of loans.

Previous work experience / training

Desislava has supported one of the largest banks in Bulgaria in the disposal of mixed NPL portfolios, composed of secured and unsecured non-performing loans. Her advice includes general support in the set-up of virtual and physical data rooms, preparation of non-disclosure agreement and data room rules, drafting of transfer documentation, Q&A process and negotiations with bidders, negotiation of SPA, co-ordination of signing and closing.

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Relevant experience

  • Desislava has advised one of the largest leasing companies in Bulgaria in its disputes with debtors, including representation in and out-of-court settlements regarding restructuring of debts under leasing agreements.
  • Desislava has also advised a major bank on a cross-border project for determination and filing application for claiming receivables against an Italian company in an opened liquidation procedure in Italy, including documentary support, legal opinions on the legal grounds for claiming receivables within a liquidation procedure in another EU member state.
  • Desislava has advised a German client in the field of innovative technologies regarding the collection of open receivables within a liquidation proceeding of its Bulgarian business partner.
  • In addition, Desislava has advising international clients on the general insolvency and liquidation proceedings in Bulgaria, by preparing in-dept legal opinions and guides for the clients.
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Memberships & Roles

  • Desislava is a member of the Sofia Bar Assossiation.
  • Desislava is a registered mediator in the Unified Register of Mediators at the Ministry of Justice in Bulgaria.
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Publications

  • New cross-border inheritance provisions of the Civil Procedure Code;
  • Stabilization Proceedings for Companies;
  • New EU ePrivacy Regulation to come into force in 2019: what to expect;
  • New EU Directive Regulates the Protection of Whistleblowers
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Education

2012 – Master of Laws (LL.M.), Sofia University “St. Kliment Ohridski”

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31 March 2021
Elec­tron­ic sig­na­ture law in com­mer­cial con­tracts in Bul­garia
1. Defin­i­tion and form­al re­quire­ments of writ­ten leg­al state­ments or leg­al state­ments leg­ally bind­ing if the law re­quires writ­ten form The leg­al state­ment in com­mer­cial agree­ments is con­sidered in writ­ten...
04 February 2021
Law and reg­u­la­tion of force ma­jeure in Bul­garia
1. Is there le­gis­la­tion on force ma­jeure in your law sys­tem? Yes, force ma­jeure is reg­u­lated un­der Art­icle 306 of the Bul­gari­an Com­merce Act.  2. If so, what is the text of the force ma­jeure clause...
03 February 2021
Class ac­tions in Bul­garia
See the Over­view of the Rep­res­ent­at­ive Ac­tions Dir­ect­ive >> 1. Do you have a spe­cif­ic pro­ced­ure or pro­ced­ures for bring­ing “opt-in” class ac­tions?  If so, please out­line such pro­ced­ure(s) and...
Comparable
22 June 2020
Leg­al term for pay­ments in Bul­garia
1.  Are there any spe­cif­ic leg­al re­quire­ments in re­spect of pay­ment terms? Yes, the pay­ment term le­gis­la­tion in Bul­garia for com­mer­cial trans­ac­tions is stip­u­lated in the Com­merce Act. The rel­ev­ant pro­vi­sions...
06/03/2020
CMS Sofia ad­vises OTP Bank and DSK Bank on the EUR 84 mil­lion re­fin­an­cing...
OTP Bank and DSK Bank have signed a term loan fa­cil­it­ies agree­ment with The Mall re­gard­ing the re­fin­an­cing of the ex­ist­ing ex­pos­ures of the bor­row­er, a lead­ing shop­ping centre in Bul­garia. The trans­ac­tion...
Published in "Capital" on December 11 th, 2019
Bul­garia and the new rules for pro­tec­tion of con­sumers with ref­er­ence to...
DIR­ECT­IVE (EU) 2019/771 OF THE EUROPEAN PAR­LIA­MENT AND OF THE COUN­CIL of 20 May 2019 on cer­tain as­pects con­cern­ing con­tracts for the sale of goods, amend­ing Reg­u­la­tion (EU) 2017/2394 and Dir­ect­ive 2009/22/EC...
Published on ceelegalmatters.com on 14th November
New EU Dir­ect­ive Reg­u­lates Pro­tec­tion of Whis­tleblowers
On 7 Oc­to­ber 2019, the European Uni­on ad­op­ted a Dir­ect­ive on the pro­tec­tion of per­sons re­port­ing on breaches of Uni­on law (the “Whis­tleblow­ing Dir­ect­ive” or the “Dir­ect­ive”).The Dir­ect­ive cov­ers...
30 November 2018
New EU ePri­vacy Reg­u­la­tion to come in­to force in 2019: What to ex­pect
Over the past few years, the European Com­mis­sion has em­barked on a ma­jor mod­ern­isa­tion of the EU­'s data pro­tec­tion frame­work. Along with the ad­op­tion of GDPR, the Com­mis­sion also cre­ated a reg­u­la­tion...
10 April 2017
Sta­bil­iz­a­tion Pro­ceed­ings for Com­pan­ies
In the last few years, the num­ber of in­solv­ency pro­ceed­ings ini­ti­ated against com­pan­ies con­tinu­ously in­creases. Thus, the ques­tion how could a bank­ruptcy pro­ceed­ing be avoided arises. The ad­op­tion of...
02/2016
New cross-bor­der in­her­it­ance pro­vi­sions of the Civil Pro­ced­ure Code
In the middle of Feb­ru­ary 2016, the Bul­gari­an Par­lia­ment ad­op­ted amend­ments to the Bul­gari­an Civil Pro­ced­ure Code, which trans­pose Reg­u­la­tion (EU) No 650/12 of 4 Ju­ly 2012 (the "Reg­u­la­tion"). The amend­ments...