Financial Leasing Register
The Financial Leasing Register started operating within the Serbian Business Registers Agency on 1 January 2005, as a single, centralized, electronic database of financial leasing contracts.
All changes in the data on a registered contract, annotations of disputes and other data on facts and documents of relevance for legal transactions that are in connection with a registered contract shall also be entered in the Register.
Once a financial leasing contract is registered, nobody can claim ignorance of the data contained in the Register’s database.
As of 17 May 2011, contracts on financial lease of immovable assets are also subject to registration in the Financial Leasing Register.
Regulations available on the website:
- The Law on Financial Leasing (Official Gazette of the RS, Nos. 55/03, 61/05, 31/11 and 99/11 – other law);
- The Law on the Procedure of Registration with the Serbian Business Registers Agency (Official Gazette of the RS, Nos. 99/11, 83/14 and 31/19);
- The Law on Enforcement and Security Interest (Official Gazette of the RS, Nos. 106/15, 106/16 - authentic interpretation, 113/17 - authentic interpretation, 54/19 and 9/20 - authentic interpretation);
- Rulebook on the Content of the Register of Financial Leasing and Documents Required for Registration (Official Gazette of the RS, Nos. 31/13 and 86/19); and
- 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).
Contracts on financial lease of movable and immovable assets shall be subject to registration.
- the exact time of receipt of the application for registration (day, hour and minute);
- data on the contract (date of conclusion, term of the contract, number under which it is filed with the lessor);
- data on the parties to the contract (the leassor and the lesee), specifically:
a) for a natural person:
- first and last name;
- “JMBG”, i.e. the unique master citizen number (in the case of a foreign natural person - passport number and issuing country);
- residence address.
b) for a legal entity:
- registered business name;
- registration number (in the case of a foreign legal entity – the designation under which it is kept in the foreign register and name of that register);
- address of the registered office.
- data specifying in detail the movable or immovable asset that is the leased object;
- date of delivery of the leased object.
The Register may also contain other data relevant for the contractual relationship, such as data on the delivery contract, supplier of the leased object, other data foreseen as mandatory content of the contract by the law, as well as other data of relevance for the contractual relationship.
FINANCIAL LEASING REGISTER is a public register, in which data are entered on financial leasing contracts concluded between natural and legal entities, in accordance with the Law. It is a single electronic database in which all data entered in the Register are kept in accordance with the provisions of the Law on Financial Leasing.
REGISTRATION APPLICATION is a form containing data to be entered into the database of the Financial Leasing Register. The application forms are posted on the website of the Serbian Business Registers Agency. In order to register a financial leasing conract, an application form must be submitted and completed properly, pursuant to the instructions provided in the application form. Depending on whether a registration, strike-off of data or an excerpt of the data contained in the Register is required, the following types of application forms are prescribed:
- Application form for registration of a financial leasing contract;
- Application form for registration of amendments and/or supplements to data on a registered financial leasing contract;
- Application form for registration of an annotation;
- Application form for strike-off of an annotation;
- Application form for registration of termination of a contract or strike-off of data on a registered contract;
- Application form for registration of data on the special authorization to hold and use a leased object;
- Application form requesting issuance of an excerpt/certificate from the Financial Leasing Register.
LEGAL GROUNDS FOR REGISTRATION OR STRIKE-OFF OF DATA FROM THE REGISTER are the documents submitted along with the application, on the basis of which data are entered into or struk off the Register (contract, annex to the contract, court ruling and similar).
- No. is the number under which the financial leasing contract is filed in the Financial Leasing Register (it is assigned by the Serbian Business Registers Agency).
EXCERPT FROM THE REGISTER is an official document of the Financial Leasing Register, which contains data on the individual financial leasing contract registered in the Register, or which confirms that the there are no entries in the Register on any financial leasing contract with respect to a certain movable asset, or that a certain natural or legal entity is registered in the database as the lessee.
THE LESSOR is a company which, while retaining the right of ownership over the leased object, transfers to the lessee the authorization to hold and use the leased object, for the agreed period and the agreed fee.
THE LESSEE is a legal or natural entity to whom the lessor transfers the authorization to hold and use the leased object, for the agreed period and the agreed fee.
THE SUPPLIER OF THE LEASED OBJECT is a legal or natural entity that transfers the right of ownership over the leased object to the lessor, to hand it over to the leassee to hold and use it, for the agreed period and the agreed fee.
A PROXY is a person authorized to represent. If an application is submitted through a proxy, a power of attorney must be provided to show that this person is authorized to undertake legal actions before the Serbian Business Registers Agency. If the proxy is not an attorney-at-law, then the power of attorney must be certified by the court or other authority competent for certification of signatures.
AN INTERESTED PARTY is a person who has a legal interest in having data entered in or struck off the Financial Leasing Register, and who is neither the lessor nor the lessee.
THE LEASED OBJECT is a movable non-consumable asset (equipment, plant, vehicles and similar) and an immovable asset that can be the object of ownership right within the meaning of the law governing property relations.
LEASE FEE is the fee paid by the lessee to the lessor for the use of the leased object.