Application for registration of agreement
The procedure of registration of financial leasing agreement, as well as amendments and other data, is initiated by filing an application in the prescribed form containing data prescribed by the Law on Financial Leasing (Official Gazette of the Republic of Serbia No. 55/03 and 61/05); therefore, receipt of the documentation alone, i.e. of the data on the agreement concluded, without the application, is not sufficient for registration of the financial leasing agreement in the Register.
Lease fee
The fee for registration of the financial leasing agreement in the Register is determined in accordance with the Rules on the Fees for Services Provided by the Business Registers Agency in Connection with the Register of Financial Leasing (Official Gazette of the Republic of Serbia No. 111/05 and 67/06), and depends on the total amount of lease instalments payable by the lessee according to the agreement, i.e. the sum total of lease instalments provides the basis for setting the contract registration fee.
Registration of amendment to the contract
The agreement on transfer of financial leasing agreement and the new financial leasing agreement cannot constitute grounds for registration of change of the lessee, although this is the legal transaction of change of debtor in contractual relationship, in accordance with the Law on Obligations. In this way, registration of data on the new financial leasing agreement would not be performed, which would stand in contradiction to the obligation of the lessor to register all contracts, as stipulated by Article 49, Paragraph 1, and in connection with Article 50 of the Law on Financial Leasing (Official Gazette of the Republic of Serbia No. 55/03 and 61/05).
The lessor is a foreign lease company
A financial leasing agreement where the lessor is a foreign lease company cannot be registered in the Register of Financial Leasing owing to the fact that such lessor cannot meet the requirements stipulated in Article 10, Paragraph 2 of the Law on Financial Leasing (Official Gazette of the Republic of Serbia No. 55/03 and 61/05), governing the legal status of business companies whose financial portion of fixed capital may not be lower than the dinar equivalent of EUR 100,000 at the mean exchange rate of the Central Bank of Serbia as of the day of payment, and which has obtained the Central Bank of Serbia permit to conduct the activities of financial leasing in accordance with the aforesaid Law.