Wednesday, January 17, 2018

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Instructions for Submitting an Application for Registration

The following are the types of applications for registrations you may file with the Register of Injunctions: 

  • Application for the registration of a provisional remedy;
  • Application for the registration of amendments to data on a registered provisional remedy;
  • Application for the strike-off of a provisional remedy from the Register.

You may also request a Copy of Entry from the Register of Injunctions to obtain data on registered provisional remedies (prohibition of alienation or encumbrance of movable and immovable assets, or real rights over real estate). Anyone can request a Copy of Entry from the Register of Injunctions.

The application forms listed above are available in the section: Court Injunctions – ''Forms''.

The appropriate request has to 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, then its stamp and signature of the authorized person (the legal representative of the company or other legal entity, the person who is authorised to represent the company pursuant to the relevant company documents or resolution of the competent corporate governance body, or the proxy, whereby the power of attorney authorizing him to take this particular legal action has to be submitted along with the application for registration) must be affixed to the first page of the application form. If the application is submitted by the legal entity’s proxy, then the first page of the application form must be signed by the proxy. If the proxy is an attorney, then his signature and stamp has to be affixed to the application;  
  • If the applicant is a natural entity, then his signature has to be affixed to the first page of the application for registration. If the applicant is a proxy, then his signature has to be affixed to the first page of the application for registration. If the proxy is an attorney, then his signature and stamp has to be affixed to the application.

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

  • Decision/ruling on the provisional remedy prohibiting disposal, alienation or encumbrance of movable and immovable assets or real rights over real estate. Either original documents or certified copies thereof are submitted in support of the application;
  • Proof of the identity of the applicant and all other parties in the procedure  - copy of identity card or passport of the applicant, if the applicant is a natural person, a copy of the excerpt issued by the competent domestic (if the Serbian Business Registers Agency is not in charge of registration of that particular legal entity), or foreign register if the legal entity’s registration number is not contained in the court decision constituting the legal grounds for the entry;
  • Power of Attorney, 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 certified  by the body competent for signature certification. The power of attorney (proxy) must be submitted in original;
  • Proof of payment of the registration fee, i.e. 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. ''Fees''

In filling out the APPLICATION FOR THE REGISTRATION OF A PROVISIONAL REMEDY, make sure you fill in the pages referring to the parties in the procedure - enforcement creditor and enforcement debtor - while the pages referring to the assets subject to restriction of alienation or encumbrance are to be filled out depending on whether the restriction refers to a movable or immovable asset or right.

In completing the APPLICATION FOR THE REGISTRATION OF AMENDMENTS TO DATA ON A REGISTERED PROVISIONAL REMEDY, fill in the data on the applicant and proxy, and enter the data to be amended.  Depending on the type of data amendment requested, only the appropriate page of the form is to be filled in and submitted.

NOTE: The content of entry into the Register of Injunctions is governed by the Law on Enforcement and Security, while the law governing the procedure of registration with the Serbian Business Registers Agency (Law on the Procedure of Registration with the Serbian Business Registers Agency) applies accordingly to the procedure of registration with the Register of Injunctions. The amounts of the fees for data registration and strike-off from the Register of Injunctions are established in the Decision on fees for registration and other services provided by the Serbian Business Registers Agency. The texts of the Law on Enforcement and Security, Law on the Procedure of Registration with the Serbian Business Registers Agency and Decision on fees for registration and other services provided by the Serbian Business Registers Agency are available on the Agency’s website’s section “Laws and By-lawsˮ.

  

Instructions for Register Database Search

You can search the database of the Register of Injunctions using the following four basic strings:

  • Parties
  • Object of provisional remedy
  • Number of court decision imposing provisional remedy
  • Number under which the application for registration of the provisional remedy in the Register has been filed (SZ No.).

Search by Parties

If the database is searched by enforcement debtor, the search strings vary depending on whether it is a natural or legal, foreign or domestic entity:

  • For a domestic natural entity, enter the first name and family name and/or ID number;
  • 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.

Search by the data on the object of provisional remedy

If the database is searched by the data on the property the provisional remedy has been imposed upon, the search strings depend upon the type of property:  

  • If the object of injunction  is a real estate property, the search strings are:

- Cadastral parcel number;
- Municipality;
- Place;
- Cadastral municipality;
- Street;
- House number or mark.

The strings can be entered individually or collectively.

  • If the object of injunction is a movable asset, the search strings are:

•  for objects that have a registration number:
- registration designation/number;
- mark;
- type/model;
- chassis number (if any);
- engine number.

The strings can be entered individually or collectively.

• for objects without a registration number:
- mark;
- type/model;
- production code/serial number.

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.

 • for animals:

- detailed definition;
- species;
- passport number (if any);
- animal’s ID number.

The strings can be entered individually or collectively.

NOTE: When doing a search, besides searching by object of provisional remedy, it is recommended that you do a search also by enforcement debtor. You may want to take into account that some movable property was entered into the Register as part of a collection of movable assets, described in detail in the documents filed along with the application for registration (e.g. specification). Therefore, the details on each individual movable asset may not have been entered in the database. The Serbian 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 is under the prohibition of alienation or encumbrance.

Search by number of court decision imposing the provisional remedy

If the database is searched by number of the court decision imposing or revoking a provisional remedy, the search strings are:

- court name;
- number under which the court decision has been issued.

The strings must be entered collectively.

Search by the number under which the application for registration of the provisional remedy has been filed in the Register (SZ No.) 

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

  
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