Variable Capital Company (VCC) in Bulgaria
Bulgaria introduced the Variable Capital Company (VCC) as a new type of commercial entity through amendments to the Commercial Code, published in State Gazette No. 66 on 1 August 2023. The VCC is the most modern corporate structure available under Bulgarian law, designed specifically for startups, small businesses, and investors who need flexibility in ownership, capital structure, and share management.
What is a Variable Capital Company (VCC)?
A VCC is a contractual company established and governed by a company agreement in ordinary written form. When founded by a single person, no contract is required — an act of incorporation is drawn up instead. The company is liable to creditors with its own assets, and its capital consists of shares grouped into classes.
Unlike traditional Bulgarian companies, the capital of a VCC is not registered in the Commercial Register, giving founders significantly more flexibility to issue, transfer, and restructure shares without costly administrative procedures.
Who can establish a VCC?
A VCC can be established by one or more natural or legal persons. There are, however, regulatory size limits that define eligibility:
- Maximum average number of employees: 50
- Maximum annual turnover: EUR 2,000,000
- Maximum total assets: EUR 2,000,000
This makes the VCC ideally suited for early-stage companies, tech startups, and small-to-medium enterprises seeking a modern and agile corporate structure.
How is a VCC managed?
A Variable Capital Company is managed by a Director or a Directorship Board. The following information must be registered in the Commercial Register:
- Company name, registered office, address and subject of activity
- Names of the members of the management board or the manager
- Names of the persons representing the company and the method of representation
How does the share capital work in a VCC?
The capital structure of a VCC is one of its most distinctive and attractive features. Key points include:
- Capital is not registered in the Commercial Register
- Capital consists of shares, which are grouped into classes
- Within each class, all shares carry the same nominal value
- The minimum value of one share is 1 Bulgarian cent (BGN 0.01)
- Share classes, nominal values, and rights are defined in the articles of association
Partners acquire shares by making contributions and in return receive rights commensurate with the nominal value of their shares, unless otherwise agreed.
What types of shares can a VCC issue?
Shares in a VCC are highly flexible and can be structured to meet the needs of founders and investors:
- Shares are transferable and inheritable
- Shares can be pledged as collateral
- The company itself may acquire its own shares
- Share transactions are conducted by written contract, with or without notarisation of signatures
- Preferred shares can be issued, granting special rights such as additional voting rights, guaranteed or additional dividends, a preferred liquidation share, or a right of redemption
- Preferred shares may be deprived of voting rights, which are then restored in the event of an unpaid or delayed dividend