Saturday, February 04, 2012

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Instructions for submitting the application

Instructions for submitting the application for entry or deletion of data into Register of pledges

The following are the types of applications:

  • Application for the registration of the pledge;
  • Application for the registration of changes or amendments to data on registered pledges;
  • Application for the entry of data on a dispute;
  • Application for the strike off of data entries on a dispute;
  • Application for the strike off of pledges from the Register.

There is also an application form for requesting an excerpt from the Register of Pledges, which is submitted in order to obtain data on registered pledges over movable property or rights or data which prove that the Register does not contain any entries on a pledge over a certain property or right.

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

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

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

Documents to be submitted along with the appropriate application form requesting the entry or deletion of data from the Register:

  • Evidence of legal grounds for the pledge (agreement, court agreement, inventory and evaluation report and similar); The documents are submitted in their original form,  copy, and if a copy is submitted, then the original must be submitted to the Agency’s authorized person for inspection; Documents in a foreign language must be provided with a  translation;
  • Proof of the applicant’s identity (copy of identity card or passport of the applicant, if the applicant is a natural person);
  • Power of Attornеy, if the applicant has authorized a proxy to submit the application, and when the latter is a natural person and not an attorney, then the power of attorney must be  by the court or other body competent for signature certification;
  • The Pledger’s statement authorizing the Pledgee to register the pledge in the case when such an authorization is not already included in the agreement (if the pledger is a legal entity, the statement must be provided with the seal and signature of the authorized person, and when the pledger is a natural person, the statement must be  by the court or other bodies competent for signature certification); if such an authorization is already contained in agreement, a separate statement by the pledger does not need to be submitted, provided that the agreement has been  by the court or other signature certifying body;
  • Evidence of payment of the registration fee (payment slip or other evidence of payment in accordance with the By-Law on Fees for Services Rendered by the Business Registers Agency within the framework of the Register of Pledges over Movable Property and Rights; the fee is paid to the account of the Business Registers Agency no. 840-29773845-73, model 97, reference number 89 03).

In filling out the form APPLICATION FOR THE REGISTRATION OF A PLEDGE, make sure you fill in pages 01-03. Pages from 04-07 are filled out depending on whether the subject matter of the pledge is a movable property which has a registration number, a movable property which does not have a registration number or a right. The pages which have not been filled out need not be submitted.

Filling out the first and second page of the APPLICATION FOR THE REGISTRATION OF CHANGES OR AMENDMENTS TO DATA ON REGISTERED PLEDGES is mandatory. The data for which you have requested an update are to be entered in pages 03-08. Depending on what type of data amendment you have requested, you will submit the appropriate page of the form (pages from 03-08)

NOTE: The procedure for the registration into the Register of Pledges and the contents of the application are set forth in the Law on Registered Pledges Over Movable Property (“Official Gazette of the Republic of Serbia “, no. 57/03, 61/05), and the provisions of the Law on General Administrative Procedure shall also be applied as needed ("Official Gazette of the Republic of Serbia", no. 33/97, 31/01). The fee for the entry and deletion of data from the Register of Pledges is set forth in the By-law on the Fees for Services Offered by the Business Registers Agency within the framework of the Register of Pledges over Movable Property and Rights ("Official Gazette of the Republic of Serbia", no. 111/05). The text of the Law on Registered Pledges over Movable Property is available on the website of the Agency.

Instruction for searching the database

As of 07 May 2009, you can search the Register of Pledges by stake as property that was subject to a pledge.

To use this feature you need to enter either the registration number or the business name of the business entity the stake in which was pledged.

When doing a search, you need to check the data contained in the list of pledges available on the webpage through which you access the search of pledges.
 
You can search the database of the Register of Pledges using three basic search strings, which are:

  • Parties to a pledge (pledger or pledgee)
  • Object of the pledge
  • Submission number in the Register of Pledges (ZL.no.).

Search by Parties to a Pledge

If the database is searched by pledger or pledge, the search strings vary depending on whether these are natural or legal, foreign or domestic entities

  • For a domestic natural entity, enter the first name and family name and/or identity code
  • For a foreign natural entity, enter the first name and family name and/or passport number
  • For a domestic legal entity enter the business name and/or registration code
  • For a foreign legal entity enter the business name and/or the designation under which it is filed in the register of foreign business entities.

Notice: When searching by “Parties to a Pledge”, in the case of a natural person owning a sole trader business, a double search must be performed: by search criteria for natural persons and by search criteria for business entities (sole trader business).

Search by Object of the Pledge

If the database is searched by object of the pledge, the search strings depend on the type of object.

For objects of a pledge that have a registration number, the search strings are:

  • registration designation/number
  • mark
  • type/model
  • chassis number (if any)
  • engine number.

The strings can be entered individually or collectively.

For machinery, equipment or household appliances the search strings are:

  • mark
  • type/model
  • the production code.

The strings can be entered individually or collectively.

For an art object or valuables, the strings are:

  • type/name
  • author/producer.

The strings can be entered individually or collectively.

If the object of a pledge are intellectual property rights, the search strings are:

  • registration number
  • name of the authority with which the rights are registered
  • registration application number.

The strings can be entered individually or collectively.

If the object of a pledge is animal, the search strings are:

  • determination
  • species.

The strings can be entered individually or collectively.

Search by ZL. Number

If the database is searched by ZL. Number, enter the number assigned by the Business Registers Agency (the so called ZL. no.). Enter only the format хххх/хх, without the addition of  –х.

Notice: When doing a search, besides searching by the object of pledge, it is recommended that you do a search also by the pledger. You may want to take into account that some movable property was entered into the Register as part of a collection of movable property, which was described in detail in the documents filed along with the application for registration of pledge (record of inventory and assessment, specification etc.). Therefore, the details on each individual movable asset may not have been entered in the database. The Business Registers Agency keeps the documentation on the basis of which the entry into the Register was made and any interested party may review the documents and verify whether a specific movable property was made subject to a pledge.

Copyright 2007 by APR