Wednesday, December 12, 2018

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Instructions for submitting the application

The registration procedure starts with the submission of the appropriate application form.

The required original supporting documents, or a certified copy thereof, must be enclosed with the application, together with evidence that the registration fee has been paid.

Foreign documents submitted in the application process have to be legalized in accordance with the law and translated into Serbian by a certified court interpreter.

The registration procedure starts ex officio only if so prescribed by a separate law.

*The registration procedure is regulated by the Law on the procedure of registration with the Serbian Business Registers Agency (RS Official Gazette No 99/11 and 83/14).
 
*The contents of the Register and the required registration documents are prescribed by the Rulebook on the content of the Register of Financial Leasing and documents required for registration (RS Official Gazette No 31/13).
 
*The fee for registration and other services of the Pledge Register is prescribed by the Decision on fees for registration and other services provided by the Serbian Business Registers Agency (RS Official Gazette No 119/13, 138/14, 45/15, 106/15, 32/16 and 60/16).


FILING AN APPLICATION FOR REGISTRATION

An application for registration may be filed directly or by post.

An application may be filed directly to the office of the Serbian Business Registers Agency (SBRA) in Belgrade, 25 Brankova St. or to one of SBRA’s thirteen organizational units. The addresses of the organizational units are listed in the Contacts, Addresses, Telephones section.

When an application is filed by mail, the date and time of its receipt by SBRA will be considered as the date and time of submission.

Depending on type of data that require entry or deletion, the applicant may submit several types of applications. These are:

  • Application for the Registration of a Financial Leasing Contract;
  • Application for the registration of changes or amendments to data on the Financial Leasing Agreement;
  • Application for the registration of entries on a dispute;
  • Application for the registration of termination or strike off of data from the Register.

The application forms listed above are available on the website of the Business Registers Agency. 

The application has to be properly filled out, in accordance with the instructions given in the form, and each page of the request must be signed as follows:

  • If the applicant is a legal entity, the seal and signature of the authorized person shall be affixed on each page, and if the application is submitted by a proxy of the legal entity then every page shall be signed by the proxy;
  • If the applicant is a natural entity, then his signature, or the signature of his proxy shall be affixed to each page of the application.

The following documents shall be submitted along with the Application:

  • Documentats on the basis of which entry into the Register is sought (Agreement, Annex of and Agreement, Court Decision and similar), the original documents or authenticated copies;
  • Proof of the applicant’s identity (copy of the identity cart or passport of the applicant), if the applicant is a natural person;
  • Power of Attorney, if the applicant has delegated a proxy to submit the application on his behalf, when the proxy is a natural person and not an attorney, the power of attorney must be authenticated by the certifying body;
  • Written power of attorney of the lessor authorizing the lessee to submit an application for the registration of a financial leasing agreement, amendments or changes to data or the termination of a financial leasing agreement, if such a power of attorney is not contained inherent in the text of the agreement itself
  • Proof of payment of the registration fee (payment slip or other evidence of payment pursuant to the Decision on fees for registration and other services provided by the Serbian Business Registers Agency; the fee is paid to the account of the Serbian Business Registers Agency No. 840-29770845-52, model 97, download reference number (In order to correctly fill out the payment slip for the payment of the fee, please click on the button to download the mandatory reference number generated by the Agency, according to Model 97.The generated reference number is valid for only ONE payment).

NOTE: The registration procedure with the Register of Financial Leasing and its content are regulated by the Law on Financial Leasing (Official Gazette of RS No.55/03, 61/05 and 31/11) or, where applicable, by the Law on General Administrative Procedure (Official Gazette of RS, No 33/97, 31/01 and Official Gazette of RS, No 30/10). The fee for the registration and strike-off of data from the Register of Financial Leasing is established in the Decision on fees for registration and other services provided by the Serbian Business Registers Agency (Official Gazette of RS, No. 5/12).  The text of the Law on Financial Leasing and the Decision on fees for registration and other services provided by the Serbian Business Registers Agency are available on the Agency’s website.

  

Instruction for searching the database

You can search the database of the Financial Leasing Register using four basic search strings, which are:

  • The lessee,
  • The number under which the Financial Leasing Agreement is filed by the lessor,
  • The financial leasing object,
  • The number under which the Financial Leasing Agreement is filed in the Financial Leasing Register (FL no.).

Search by Lessee

If the database is searched by lessee, the search strings differ depending on whether the lessee is a natural or legal, foreign or domestic entity.

  • for a Serbian national, enter name and surname and/or personal ID number (JMBG),
  • for a foreign national, enter name and surname and/or passport number,
  • for a domestic legal entity, enter company name and/or registration, i.e. company code,
  • for a foreign legal entity, enter company name and/or company code in the foreign company register.

PLEASE NOTE: When searching by business name of the business entity, you should also search the database by the business entity’s registration number/company code.

Search by number under which the Financial Leasing Agreement is filed with the Lessor

If this string is used to search the database, you need to enter the name of the lessor, by selecting the appropriate leasing company from the drop-down list offered and the number under which the agreement is filed with the lessor.

The criteria must be entered collectively.

Search by financial leasing object

If the database is searched by financial leasing object, the search criteria depend on the type of subject.

For the financial leasing object that has a registration number, the search criteria are:

  • Registration designation/number,
  • Chassis number (if available),
  • Engine number,
  • Mark,
  • Type/Model.

The criteria can be entered individually or collectively.

For the financial leasing objects that do not have a registration number, for instance, machinery or equipment the search criteria are:

  • author/producer,
  • type/name,
  • detailed definition,
  • production code/serial number.

The search criteria must be entered collectively.

For immovable property – land and buildings, the search criteria are:

  • cadastral lot number,
  • cadastral municipality,
  • city/town,
  • municipality,
  • street,
  • house number.

Search by FL. Number

If the database is searched by FL. Number, enter the number assigned by the Business Registers Agency (the so called FL. no.). Enter only the format xxxx/xx, without the addition –x.

NOTE: When you search the database, in addition to searching by subject of financial leasing, it is desirable that you search by lessee as well. Bear in mind that certain movable assets which are the subject of registration, are entered into the Register as part of the sum of movable things which are specified in the documentation enclosed with the application for registration (for instance the specification), and that therefore individual data on each of the movable things might not have been entered. The aforesaid documents, based on which entries were made in the database, are kept by the Business Registers Agency and all interested parties may access these data to check whether a certain movable property is the object of a financial leasing agreement.

  

Deposition of documents

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If there is a need for the same document to be used in several registration procedures, the interested parties may file with the Financial Leasing Register a request for the deposition of documents. These may be powers of attorney, general terms of financial leasing agreements, extracts from competent registers for legal entities that are not subject to registration with the Serbian Business Registers Agency and other documents. All documents must be submitted in the form of original copies, official extracts or certified copies.    

Deposited powers of attorney are valid until the expiry of the deadline set forth by the grantor to restrict the proxy’s powers, i.e., until revocation or cancelation thereof, pursuant to the law.   

General terms and conditions of a financial leasing agreement are deposited at the request of the leasing company to avoid the need to submit these with the individual registration applications and are valid for the period of time set forth by the lessor. 

Extracts issued by authorities responsible for the registration of legal entities (registers, courts, and similar), both foreign and domestic, the registration of which falls outside the competence of the Serbian Business Registers Agency, and other appropriate documents providing valid data on the parties to a financial leasing activity, i.e. the lessee and other parties (the supplier and the user of the leased asset), will be considered legally valid by the Financial Leasing Register upon deposition for a period of one year from the date of issuance thereof because of possible status and other changes relevant for the registration procedure.       

Foreign public documents must be legalized pursuant to the Law on Legalization of Documents in International Transactions (SFRY Official Gazette No 6/73 and SM Official Gazette No 1/03  Constitutional Charter), unless the country of issuance of the document is a signatory of The Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents, (SFRY Official Gazette – Supplement, International Treaties and other Agreements No 10/1962) or a signatory of a bilateral treaty with the Republic of Serbia on mutual recognition of public documents without the need for  legalization. 

“Full legalization” is required if the country in whose territory the public document has been issued is not a party to the Hague Convention Abolishing the Requirement of Legalization of Foreign Public Documents and it has not concluded with our country a bilateral agreement on mutual recognition of public documents without legalization.  If the country of issuance is a party to the Hague Convention, the foreign public document must have the proper “Apostille” affixed to it.  Where the Republic of Serbia has a ratified bilateral agreement on mutual recognition of public documents without legalization with the country on whose territory the subject public document has been issued, neither legalization nor the “Apostille” stamp is required.

You can find more detailed information on parties to the Hague Convention and countries with whom the Republic of Serbia has ratified bilateral agreements on mutual abolishment of the requirement for legalization of public documents here.

Any document made in a foreign language must be accompanied by a certified translation by a court appointed translator. 

Note: No fee is charged for the deposition of documents. 


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