The Application Form for Strike-off of an Annotation is available in the section “Forms”.
INSTRUCTIONS FOR COMPLETING THE APPLICATION FORM FOR STRIKE-OFF OF AN ANNOTATION
The application for strike-off of an annotation may be submitted by:
- the pledge creditor;
- the pledgee;
- an interested party.
If the applicant is a legal entity, the application has to be signed by the legal representative of the company or other legal entity, a representative authorized to represent the company by an act or decision of the company’s competent body, or a procurator.
The application may be filed by other authorized persons, i.e. a proxy, provided that the application is supported by a power of attorney. A procurator may not transfer the power of attorney to another person.
If the applicant is a natural person, submitting the application through a proxy who is not an attorney-at-law, a duly notarized power of attorney must be provided along with the application.
A natural person filing an application is required to submit proof of identity. Domestic nationals are required to present a copy of an ID card and foreign nationals a copy of their passport.
Besides the pledge creditor and the pledgee, an application may be filed by any interested party, in other words any party that has a certain legal interest in having data on a registered pledge struck-off the Pledge Register.
Page 1 – “Information on the Applicant”
If the applicant files the application directly with the Agency, he has to state whether he wants a certificate of filing to be issued to him.
If the applicant claims priority rights to have a decision issued on his application on account of its earlier submission, he must state the number of the decision rejecting his previous application in the application form.
The applicant must indicate the number under which the annotation was registered with the Pledge Register, i.e. the exact number of te decision granting the application for registration of the annotation.
In the “Information on the Applicant” section, the appropriate field must be checked to indicate the type of applicant the general data refer to. Natural entities should complete the field on the left side of the form, and legal entities or state authorities the right side of the form, specifically:
- for a domestic natural entity, first and last name, unique master citizen number (“JMBG”), address of permanent or temporary residence (street, house number, town or city and ZIP code), and if the applicant is a foreign natural entity, first and last name, passport number, country of issue, address of permanent or temporary residence;
- for a domestic legal entity or state authority, the business name/name, registration number, registered office (street and number, town or city and ZIP code), tax identification number (“PIB”) and unique master citizen number (“JMBG”) of the legal representative, and if the applicant is a foreign legal entity, then the business name/name, designation under which it is kept in the foreign register, name of that register, registered office address (street and number), city and state.
If the applicant is a natural entity, the first page of the application has to be signed by him or his proxy. If the proxy is an attorney-at-law, then the latter also has to affix his stamp next to the signature.
If the applicant is a legal entity, the first page must be stamped and signed by the authorized person. If the application is submitted by the proxy of the legal entity, the proxy has to sign the application and if the agent is an attorney-at-law, then he must also affix his stamp to the application.
As of 1 October 2018, business entities are not obliged to use their seals in business letters and other documents (Article 25 of the Company Law, Official Gazette of the RS, Nos. 36/2011, 99/2011, 83/2014 - other law, 5/2015, 44/2018, 95/2018 and 91/2019).
If the application is submitted by a proxy who deposited his power of attorney with the Serbian Business Registers Agency, the proxy has to state the filing number of the power of attorney deposited with the Agency.
The capacity of the signee must also be indicated in the application, by checking the appropriate box (the creditor, personally; proxy/representative of the creditor; the debtor, personally; proxy/representative of the debtor; interested party, personally; proxy/representative of the interested party). If the application is filed through a proxy or representative, his first and last name, capacity and unique master citizen number (“JMBG”) must also be indicated in the appropriate fields.
Page 2 – “Mode of Delivery of the Registrar’s Decision and Attached Documents”
A written copy of the Registrar’s decision is served on the applicant only at his express request. This means that the applicant must state his request in the application indicating the chosen mode of delivery. Otherwise, a written copy of the Registrar’s decision will not be delivered to him, and he will be able to access information on the decision on the website of the Serbian Business Registers Agency, Register of Agreements on Financing Agricultural Production.
In the field titled “Documents Submitted in Support of the Application”, the applicant must list each document that he has attached to the application form, including proof of payment.
Page 3 – “The Applicant Requests the Strike-off of an Annotation on a Registered Pledge, specifically:”
On page 3, be sure to check the appropriate field to indicate the type of annotation that the request for strike-off refers to.
When requesting the strike-off of an annotation to the effect that the settlement procedure has started, in the “Detailed Description” field you must indicate the document on the basis of which the creditor desisted from the settlement of his claim or on the basis of which the maturity date of the secured claim was prolonged.
When requesting the strike-off of an annotation on a dispute, in the “Detailed Description” field you must indicate the final and irrevocable court or settlement decision that resolved the dispute (state the name and type of decision, the name of the court that rendered the decision, the number of the decision, the date of issue and date of irrevocability).
When requesting the strike-off of data and documents relevant for legal transactions, in the “Detailed Description” field you must indicate the decision of the state authority or other document corroborating that the circumstances or documents that previously resulted in the registration of the annotation have now changed.
The Law on Financing and Securing Financing of Agricultural Production started to apply as of 1 June 2015, stipulating that annotations on the establishment of a pledge right and right to limited duration of a pledge are subject to registration with the Pledge Register. With the termination of the statutory pledge or expiration of the right to limited duration of the pledge registered, which were registered as annotations in the Pledge Register, the statutory requirements for strike-off of a pledge right are met, and the application for strike-off of a pledge right can be filed accordingly.
REGISTRATION SUPPORTING DOCUMENTS
Documents required in support of an application are stipulated by the Rulebook on the Content of the Pledge Register and Documents Required for Registration and the Rulebook on the Register of Agreements on Financing Agricultural Production and Documents Required for Registration of Data, which are available in the “Laws and by-laws” section.
For strike-off of an annotation to the effect that the settlement procedure has started, please submit an annex to the pledge agreement or other appropriate document that can corroborate beyond doubt that the creditor desisted from settling his claim and that the parties have agreed to extend the maturity date of the secured claim.
If a pledge agreement, on the grounds of which a pledge was registered, is notarized, then the annex submitted for the strike-off of a registered annotation to the effect that the settlement procedure has started must be notarized too.
For the strike-off of an annotation of a dispute, please submit a final and irrevocable decision of the court or settlement whereby the dispute was resolved.
For the strike-off of an annotation on data and documents relevant for legal transactions, please submit the appropriate decision of the state authority or other document that can corroborate that the circumstances or documents that resulted in the registration of the annotation have changed.
For the strike-off of an annotation on data and documents relevant for legal transactions, related to the strike-off of a statutory pledge right, please submit a written statement of the pledge creditor stating that his claim was settled, which must be notarized by the competent authority, if the pledge creditor is a natural person. If the application is submitted by the pledgee and the pledge creditor is a natural person, then the written consent of the pledge creditor notarized by the competent authority, and a document that shows beyond doubt that the agreement on lease of the production venue was terminated or that the foreclosure was initiated by the mortgage creditor, if the application is submitted by the owner of the production venue.
When the annotation of the statutory pledge is struck off the Register, the pledge is terminated and consequently the pledge is deleted from the Register as well.
The supporting documents must either be originals, or certified excerpts or copies notarized by the competent authority.
Any foreign document submitted in support of the application must be legalized in accordance with the law and translated by a certified court interpreter.
“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.
More detailed information on parties to the Hague Convention and countries with which the Republic of Serbia has ratified bilateral agreements on mutual abolishment of the requirement for legalization of public documents is available here.
FEE FOR STRIKE-OFF OF A REGISTERED ANNOTATION
The fee for strike-off of a registered annotation is stipulated by the Decision on Fees for Registration and Other Services Provided by the Serbian Business Registers Agency.
The fee for strike-off of a registered annotation shall amount to RSD 1,000.
An additional fee of RSD 3,000 shall be charged for the late filing of an application for registration.
Account details for the payment of the fee
The fee for the strike-off of an annotation is to be paid to the account of the Serbian Business Registers Agency:
- 840-29770845-52, model 97, reference number (click on the “reference number” link and enter the number generated by the system on the payment slip).
PRIORITY IN FILING AN APPLICATION
If his earlier application was rejected, the applicant may reapply and claim priority on account of the earlier application which was rejected, provided that he files a new application within 30 days from the date of publication of the decision by which the previous application was rejected, eliminate all identified deficiencies and pay half of the fee prescribed for the registration.
In this case, the applicant should submit:
- a new, duly completed application form indicating the number of the decision whereby his earlier application was rejected (the application should be fully complete, and not partially complete, because it is a new request for registration);
- missing and/or corrected documents (if the missing documents and/or shortcomings of the filed documents are specified in the decision on rejection);
- proof of payment of half of the registration fee (the amount will always be specified in the arguments of the decision on rejection).
If the applicant wants to claim his right of priority, on the first page of the new application he should indicate the number of the previously rejected application. Otherwise the Registrar will consider his application as a first application and assess compliance with registration requirements only based on the attached documents).
If the applicant files a new application while at the same time filing an appeal against the decision on rejection, it will be deemed that no action was taken to complete the missing requirements and the appeals procedure will run its course.