About Register

The Register of Agreements on Financing Agricultural Production started operating within the Serbian Business Registers Agency on 1 June 2015. It is an integrated, centralized, public, electronic repository of data on stipulated agreements on financing agricultural production and documents submitted in support of the registration of these agreements, pursuant to the Law on Financing and Securing Financing of Agricultural Production (Official Gazette of the RS, No. 128/14).

Software necessary for the operation of the Register is developed within the technical assistance project supported by the Food and Agriculture Organization of the United Nations (FAO) and the European Bank for Reconstruction and Development (EBRD).

The Register contains basic data on agreements on financing agricultural production, such as data on the contracting parties, their obligations and collaterals securing the collection of the creditor's obligation. They are publicly available to all interested parties through the Agency's website.

The pledge right on future agricultural products, as one of the collaterals securing the creditor's obligation, shall be entered in the Register of Pledges on Movable Property and Rights, which has been kept within the Serbian Business Registers Agency since 2005.

An agreement on financing agricultural production is an agreement under which the debtor undertakes the obligation to perform a certain non-monetary (commodity) or monetary obligation towards the creditor in return for the funds received from the creditor for financing its agricultural production.

An agreement on financing agricultural production stipulated pursuant to the Law on Financing and Securing Financing of Agricultural Pproduction, as well as any amendments to that agreement, are deemed effective only if made in writing, dated, executed and duly registered with the Register of Agreements on Financing Agricultural Production pursuant to regulations governing the Serbian Business Registers Agency and the procedure of registration with the Serbian Business Registers Agency.

The creditor may secure its claim under the Agreement on financing agricultural production by establishing a pledge on future agricultural products. The pledge agreement is stipulated in writing and registered with the Register of Pledges on Movable Property and Rights.

The Register of Agreements on Financing Agricultural Production contains the following data:

  1. date of stipulation of the agreements on financing agricultural production;
  2. data on the creditor and debtor, specifically:
  • for legal entities - name, seat, registration number, tax identification number (“PIB”), and unique master citizen number (“JMBG”) of the authorized representative;
  • for sole proprietors - name, seat, registration number, tax identification number (“PIB”), first and last name, unique master citizen number (“JMBG”) and address of permanent or temporary residence);
  • for natural entities – first and last name, unique master citizen number (“JMBG”) and address of permanent or temporary residence.
  1. description of the primary obligation of the creditor – monetary or other resources that can be quantified in money that the creditor is giving to the debtor;
  2. description of the primary obligation of the debtor, specifically:
  • for commodity obligations – name of crop, variety and quantity of agricultural products that the debtor is required to deliver to the creditor; and/or
  • for monetry obligations, i.e. money that the debtor must pay to the creditor – the principal amount of the claim and interest rate, if it is envisaged by the agreement;
  1. data on substitution of the primary obligation of the debtor (commodity or monetary), and the method for the calculation of the secondary obligation (according to the principle of equal value of mutual deliveries);
  2. date of maturity, place and terms of delivery and/or payment;
  3. data on collateral, if it is envisaged by the agreement, i.e. on means pledged as security for the settlement of the creditor’s claim (pledge on future agricultural products, pledge on movable property and rights, mortgage or other);
  4. if the creditor’s claim is secured by a pledge on future agricultural products or mortgage on agricultural land or agricultural facility – data on the production venue, i.e. land or building under mortgage (cadastral municipality, lot number, description of the land or property and other data from the Real Estate Register);
  5. registration number of the agricultural holding – if the debtor is an agricultural holding;
  6. data on the start and end of a statutory rught of pledge.

Regulations available on the website:

  • The Law on Financing and Securing Financing of Agricultural Production (Official Gazette of the RS, No. 128/14);
  • The Law on Pledge on Registered Movable Property and Rights (Official Gazette of the RS, Nos. 57/03, 61/05, 64/06 - corr, 99/11 – other law and 31/19);
  • The Law on Obligations (Official Gazette of the SFRY, Nos. 29/78, 39/85, 45/89 – decision of the CCY and 57/89, Official Gazette of the FRY, No. 31/93, Official Gazette of SM, No. 1/03 – Constitutional Chart and Official Gazette of the RS, No. 18/20);
  • The Law on Foundations of Property Law Relations (Official Gazette of the SFRY, Nos. 6/80 and 36/90, Official Gazette of the FRY, No. 29/96 and Official Gazette of the RS, No. 115/05 - other law);
  • The Rulebook on the Register of Agreements on Financing Agricultural Production and Documents Submitted in Support of Registration of Data (Official Gazette of the RS, No. 44/15);
  • The Decision on Fees for Registration and Other Services Provided by the Serbian Business Registers Agency (Official Gazette of the RS, Nos. 119/13, 138/14, 45/15, 106/15, 32/16, 60/16, 75/18, 73/19, 15/20, 91/20, 11/21 and 66/21).

Glossary

THE REGISTER OF AGREEMENTS ON FINANCING AGRICULTURAL PRODUCTION – an integrated, centralized, public, electronic repository of data on stipulated agreements on financing agricultural production and documents submitted in support of the registration of these agreements, pursuant to the Law on Financing and Securing Financing of Agricultural Production.

APPLICATION FOR REGISTRATION – a submission filed on the prescribed form to initiate the registration procedure.

Types of registration applications forms:

  • Application Form for Registration of an Agreement on Financing Agricultural Production;
  • Application Form for Registration of Changes of Data on a Registered Agreement on Financing Agricultural Production;
  • Application Form for Registration of an Annotation;
  • Application Form for Strike-off of an Annotation;
  • Application Form for Registration of Termination of an Agreement or Strike-off of Data on a Registered Agreement;

Forms for all types of applications are posted on the Agency’s website.

LEGAL GROUNDS FOR REGISTRATION OR STRIKE-OFF FROM THE REGISTER – documents submitted in support of the application as grounds for either registration or strike-off of data from the Register (agreement on financing agricultural production, statement of the creditor that the debtor has fulfilled its obligations and similar).

RPU number – this is the filing number of the financing agreement in the Register of Agreements on Financing Agricultural Production (assigned by the Serbian Business Registers Agency).

EXCERPT OF REGISTERED DATA – a public document containing data on a registered agreement on financing agricultural production, according to the situation on the date of issue of the extract.

CERTIFICATE – a public document confirming that the Register contains no data on an agreement on financing agricultural production, or that an individual or company is not registered as a debtor, or confirming that data or documents were registered in the past.

TIME OF RECEIPT OF THE APPLICATION FOR REGISTRATION – the exact time (day, hour and minute) when the application for registration was received at the Serbian Business Registers Agency.

PROXY – a person authorized to represent. If an application is filed through a proxy, the latter must be provided with a power of attorney to prove that he/she is authorized to represent and act on behalf of the client before the Serbian Business Registers Agency. If the proxy is not an attorney-at-law and the principal is a natural person, then the power of attorney has to be notarized by a court or other authority competent for the notarization of signatures.

AGREEMENT ON FINANCING AGRICULTURAL PRODUCTION – an agreement under which the debtor undertakes to deliver certain commodities and/or money to the creditor in return for the money and/or other resources received from the creditor for financing agricultural production.

FINANCING AGRICULTURAL PRODUCTION – the granting of cash or other resources under an agreement stipulated to finance agricultural production.

CREDITOR – a legal entity, a sole proprietor or a natural entity that approves, i.e. grants cash or other resources to the debtor under a financing agreement.

DEBTOR – a legal entity, a sole proprietor or a natural entity who has undertaken a commitment under a financing agreement.

CREDITOR’S OBLIGATION – the obligation of the creditor to grant the debtor cash or other resources for financing agricultural production.

COMMODITY OBLIGATION of the debtor – the obligation of the debtor to deliver a certain quantity of agricultural products under a financing agreement.

CASH OBLIGATION of the debtor – obligation of the debtor to pay the creditor a certain amount of money under a financing agreement.

AGRICULTURAL PRODUCT – harvested or picked primary agricultural products listed in the Plant Code List, which is a part of the regulation governing the Register of Agricultural Holdings, registration renewal, and the requirements for inactive status of agricultural holdings.

FUTURE AGRICULTURAL PRODUCTS – agricultural products that will be produced at the production venue in accordance with the financing agreement.

PRODUCTION VENUE – agricultural or other land or agricultural building or block of buildings on the territory of the Republic of Serbia where the pledger will produce the agricultural products to be pledged.

PLEDGE ON FUTURE AGRICULTURAL PRODUCTS – a right of pledge on future agricultural products established under a pledge agreement, without handing the possession of the assets after production, by registering the right of pledge in the Pledge Register.

PLEDGER – a debtor or third party that pledges future agricultural product to secure the satisfaction of the creditor’s claim under a financing agreement.

PLEDGE CREDITOR – a legal entity, a sole proprietor or natural entity that acquired a right of pledge on future agricultural products to secure satisfaction of its claim under a financing agreement.

STATUTORY PLEDGE RIGHT – the right that a pledge creditor acquires over agricultural products owned by the pledger, which the pledger produced at the production venue, irrespective of the crop and variety, in sufficient quantities and values to settle the matured claim of the pledge creditor, if on the maturity date of the claim secured by a pledge on future agricultural products there are no pledged products.

RIGHT TO LIMITED DURATION OF A PLEDGE – the right of a pledge creditor to offset the claim from the value of the pledged products if the pledger should lose the right to the use of land where the pledged agricultural products are produced before the harvest, or in case the claim settlement procedure should start by enforcing the mortgage on the production venue land.

AGRICULTURAL HOLDING – a production unit under the management of a company, agricultural cooperative, institution or other legal entity, sole proprietor or farmer engaged in agricultural production activities and registered with the Register of Agricultural Holdings, in accordance with the law governing agriculture and rural development.