Wednesday, January 17, 2018

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Questions and Answers

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What types of provisional remedies are registered in the Register of Injunctions?

Answer:
The Register of Injunctions serves for registration of provisional remedies issued before, during or after the court procedure, prohibiting the alienation and encumbrance of movable and immovable assets or real rights over real estate.

Since when has the Register of Injunctions been kept?

Answer:
The Serbian Business Registers Agency has been keeping the Register of Injunctions since September 17, 2011.

Where can the application forms for registration of the provisional remedy be obtained?

Answer:
Application forms for the registration of a provisional remedy (changes and amendments to data on the provisional remedy, and deletions, as well as excerpts), are available on the Serbian Business Registers Agency’s website.

What is an excerpt from the Register?

Answer:
A public document containing data on a particular provisional remedy registered in the Register of Injunctions (affirmative excerpt), or certifying that the Register does not contain data on the provisional remedy prohibiting the alienation and encumbrance of movable and immovable assets, or real rights over real estate (negative excerpt).

How can data on registered provisional remedy be accessed?

Answer:
Any interested party can access data contained in the Register of Injunctions through the Agency’s website or at the Agency’s offices during its business hours.

Can the application for registration be filed by proxy?

Answer:
A third party vested with the power of attorney (proxy) may file the application for registration. The proxy must enclose the power of attorney with such application. If the proxy is not an attorney at law, and the power of attorney is granted by a natural person, the power of attorney must be validated by court or other body competent to authenticate signatures.

Who pays the costs of registration in the Register of Injunctions?

Answer:
The applicant covers the costs of registration in the Register of Injunctions. The enforcement creditor is under the obligation to apply for registration of the provisional remedy prohibiting the alienation and encumbrance of movable and immovable assets or real rights over real estate of the enforcement debtor without delay, but the registration may be requested by other interested (natural or legal) entities as well. The fee is paid in accordance with the Decree on fees for 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).

Who is the enforcement creditor?

Answer:
The enforcement creditor is a person whose claim is satisfied in the enforcement procedure.

Who is the enforcement debtor?

Answer:
The enforcement debtor is a person against whom a claim is satisfied in the enforcement procedure.

How is the procedure of registration of a provisional remedy in the Register initiated?

Answer:
The procedure of registration of the provisional remedy in the Register is initiated by filing an appropriate application for registration. Based on the decision/ruling imposing a provisional remedy, the enforcement creditor requests, without delay, the registration of the provisional remedy prohibiting the alienation and encumbrance of movable and immovable assets or real rights over real estate of the enforcement debtor.

Can third parties plead ignorance of the existence of a provisional remedy?

Answer:
As of the moment of registration, it is understood that the existence of the injunction is known to third parties on the grounds of its registration and nobody may plead ignorance of the data from the Register of Injunctions. The buyer of a movable asset, which is subject to restriction of alienation or encumbrance that is not entered into the Register, is assumed a bona fide buyer, as well as the buyer of a real estate that is not registered in the real estate cadastre, if an injunction prohibiting its alienation or encumbrance is not entered in the Register.

What constitutes legal grounds for registration of amendments to a registered provisional remedy?

Answer:
The court decision (ruling) granting an extension of effectiveness of, or amendment to the provisional remedy.

What constitutes legal grounds for data registration in or strike-off from the Register of Injunctions?

Answer:
The decision on a provisional remedy prohibiting the alienation and encumbrance of movable and immovable assets or real rights over real estate, i.e. the decision effectively discontinuing a provisional remedy and similar.

Who can file an application for registration in the Register of Injunctions?

Answer:
The enforcement creditor is under an obligation to request the registration of the provisional remedy prohibiting the alienation and encumbrance of movable and immovable assets or real rights over real estate of the enforcement debtor, without delay.

How long can a provisional remedy last?

Answer:
The court decision imposing a provisional remedy also determines the duration of the remedy. The time period of effectiveness of a provisional remedy may be extended provided no circumstances under which the remedy was imposed in the first place have changed.

What is secured by a provisional remedy?

Answer:
A provisional remedy can secure a monetary or non-monetary claim.

When is strike-off requested?

Answer:
Strike-off of a provisional remedy is requested when the court issues a decision to revoke the provisional remedy – suspend the procedure and discontinue the implemented actions, i.e. when the time period of the imposed provisional remedy has elapsed and no extension thereof has been granted.

Why is registration in the Register of Injunctions important?

Answer:
As of the moment of registration, any third parties are deemed to be aware of the injunction and no one can plead ignorance of the data entered in the Register of Injunctions. The buyer of a movable asset, which is subject to restriction of alienation or encumbrance that is not entered into the Register, is assumed a bona fide buyer, as well as the buyer of a real estate that is not registered in the real estate cadastre, if an injunction prohibiting its alienation or encumbrance is not entered in the Register.

What is a Provisional Remedy?

Answer:
A provisional remedy is the prohibition of taking certain actions or the order imposed upon a certain person to do something or refrain from doing something aiming at securing a monetary or non-monetary claim of the enforcement creditor.

The Register of Injunctions serves for registration of provisional remedies issued before, during or after the court procedure, prohibiting the alienation and encumbrance of movable and immovable assets or real rights over real estate.

What are the fees charged by the Register of Injunctions?

Answer:
The amounts of fees are 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).

The fee for the registration of data on provisional remedies issued before, during, or after the end of judicial proceedings, prohibiting the alienation and encumbrance of a movable or immovable property, or a real right over immovable property shall amount to RSD 2,000.00.

If one application is submitted for registration of data on several entities, and/or several movable or immovable assets, the fee prescribed by the Decision shall be increased by RSD 200.00 for each additional entity and/or movable/immovable property.

The fee for registration of changes and/or additions to registered data shall amount to RSD 2,000.00.

If one application is submitted for registration of changes on several entities, and/or several movable or immovable assets, the fee prescribed by the Decision shall be increased by RSD 200.00 for each additional entity and/or movable/immovable property.

The fee for deletion of data on provisional remedy from the Register of Injunctions shall amount to RSD 1,000.00.

An additional fee in the amount of RSD 3,000.00 shall be charged for the late filing of the application.

Fees for the issuance of excerpts, certificates and copies of documents from the Register shall amount as follows:

  • for the issuance of excerpts containing the complete data on a provisional remedy, as on the date of issuance of the extract, RSD 1.700,00;
  • for the issuance of a certificate confirming that data on a specific entity or asset are contained in the Register, stating the registration number of the requested data, and basic data on the registered entity/asset, RSD 1.500,00; if a certificate is issued for several movable/immovable assets, or for several natural or legal entities, the prescribes amount of the fee shall be increased by RSD 200.00 for each additional asset or entity
  • for the issuance of a certificate that the Register does not contain data on a certain provisional remedy against the alienation or encumbrance of a certain asset, RSD 1,000.00; if a certificate is issued for several movable/immovable assets, or for several natural or legal entities, the prescribes amount of the fee shall be increased by RSD 200.00 for each additional asset or entity;
  • for the issuance of a certificate on data contained in the supporting registration documents and a certificate on previously registered data, RSD 1.000,00 per entry; the fee for the said excerpts and certificates that are issued in electronic format, one-half of the prescribed amount of the fee shall be paid;
  • for the issuance of a transcription of the Registrar’s decision for which no special fee is prescribed - RSD 1,700.00;
  • for printing an application form, RSD 120.00;
  • for issuing a copy of a registration supporting document, RSD 30.00 per document page;
  • for the provision of data from the Register in electronic format, processed according to a specific user request, RSD 35.00 per entry; for reports containing up to 50 entries, and an additional RSD 10.00 per entry, for each additional entry over 50 entries;
  • for the issuance of standardized reports with a predefined data structure - RSD 10,000.00 per report, and for reports containing data from individual entries, RSD 5.00 per entry;
  • for the delivery of aggregate (statistical) data contained in the Register, processed according to a specific user request, the total amount of the fee shall be calculated according to the number of data items, as follows:

    (1) from 1 to 10 data items, RSD 500.00;
    (2) from 11 to 100 data items, RSD 50.00 per data item;
    (3) from 101 to 200 data items, RSD 40.00 per data item;
    (4) from 201 to 300 data items, RSD 30.00 per data item;
    (5) over 300 data items, RSD 20 per data item.

The fee shall be increased according to the level of processing requested by the user, by 20% for each next level, i.e. attribute for the respective register/database query.

Does an order imposing a temporary injunction have to have a finality clause?

Answer:
No, it does not have to. A decision imposing a temporary injunction has the binding power of a final enforceable judgment.

Does the applicant get a written copy of the decision approving the request (application) for registration of a temporary injunction?

Answer:
Pursuant to Article 465 of the Law on Enforcement and Security, registered data are published on the Register’s website, and a written certificate of registration is issued to the applicant on request and in the manner described in the general part of the application for registration.

  
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