The Application Form for Registration of an Annotation is available in the section “Forms”.
INSTRUCTIONS FOR COMPLETING THE APPLICATION FORM FOR REGISTRATION OF AN ANNOTATION
The Application Form for Registration of an Annotation can be submitted by:
- the seller;
- the buyer;
- an interested party.
If the applicant is a legal entity, the application form has to be signed by the legal representative of the company or other legal entity, a representative duly authorized to represent the company by the relevant company document or the resolution of the competent corporate governance body, and a procurator.
The application can also be submitted by another authorized person, i.e. a proxy provided that the authorization, i.e. the power of attorney, is attached to the application form. A procurator cannot transfer the power of attorney to another person.
If a natural person files the application form through a proxy who is not an attorney-at-law, the application form must be accompanied by a power of attorney certified by the authority competent for signature certification.
The natural person who files the application form must also submit proof of identity. In the case of a domestic national, he shall submit a photocopy of his identity card and in the case of a foreign national, he shall submit a photocopy of his passport.
Besides the seller and the buyer, the application can also be submitted by an interested party, i.e. a party that has a certain legal interest in registering in the Pledge Register an annotation of the dispute relating to the movable assets or other relations of the parties in connection with the contract of sale (e.g. the party pursuing the litigation related to the registered contract of sale is authorized to submit the application for registration of an annotation).
Page 1 – “Information on the Applicant”
If the applicant files the application directly at the Agency's business premises, he must state in the application form whether he requests to be issued a certificate on the submitted application.
Applicants who wish to avail themselves of the right of priority based on the application they submitted earlier must enter in the new application the number of the decision rejecting the earlier application.
The applicant shall indicate the number under which the contract of sale, for which the entry of the annotation is requested, is registered in the Pledge Register.
In the section “Information on the Applicant”, the appropriate field relating to the general information about the applicant must be checked by ticking the checkbox placed next to the appropriate name. Natural persons should complete the field on the left side of the form, while legal entities or state agencies should complete the field on the right side of the form, specifically:
- for a domestic national - first and last name, unique master citizen number (“JMBG”), city and country of permanent residence, street and street number of the permanent or temporary residence, and if a foreign national is the party to the contract of sale - first and last name, passport number, country of issue, city and country of permanent residence, street and street number of the permanent or temporary residence;
- for a domestic legal entity or state agency - the business name, registration number and address of the registered office, and if a foreign legal entity is the party to the contract of sale - business name, designation under which it is kept in the foreign register, name of that register, place, country and address (street and street number) of the registered office.
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 proxy of the legal entity submits the application, the proxy has to sign the application, and if the proxy 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 deposited power of attorney.
The capacity of the signee must also be indicated in the application by checking the appropriate box (the seller, personally; the proxy/representative of the seller; the buyer, personally; the proxy/representative of the buyer). 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, the Pledge Register.
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 type of Annotation”
On page 3, it is mandatory to tick the box in front of the type of annotation whose registration is requested.
An annotation of a dispute shall be registered if litigation is conducted relating to the registered contract of sale, the movable asset that is the object of sale or other relations of the parties in connection with the contract of sale. It is mandatory to indicate the name of the court before which the litigation is being conducted, as well as the number under which the procedure is being conducted.
If requesting to register an annotation of data on other facts and documents of relevance for legal transactions, which are in connection with the registered contract of sale, it is necessary to provide more detailed information on the fact or the document whose registration is requested.
DOCUMENTS TO BE ATTACHED IN SUPPORT OF THE REGISTRATION APPLICATION
The documents to be attached in support of the registration application are prescribed by the Rulebook on the Content of the Register of Pledges on Movable Property and Rights and Documents Required for Registration, which is available in the section “Laws and By-laws”.
To register an annotation of a dispute it is necessary to attach a copy of the lawsuit bearing the court’s seal or other appropriate document proving, beyond any doubt, that a dispute is conducted before a court which is in connection with the registered contract of sale or a movable asset that is the object of sale or other relations of the parties in connection with the registered contract of sale.
To register an annotation of data on facts and documents of relevance for legal transactions, it is required to attach the documentation corroborating with certainty the fact or document whose registration is requested.
The documents must be submitted in the form of original, certified extract or photocopy certified by the competent authority.
When a foreign document is attached to the registration application, it must be legalized in compliance with the law and accompanied by a translation drawn up 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 Legalisation for 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 in 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 REGISTRATION OF AN ANNOTATION
The fee for registration of an annotation is prescribed by the Decision on Fees for Registration and Other Services Provided by the Serbian Business Registers Agency.
The fee for registration of an annotation shall amount to RSD 2,000.
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 registration of an annotation shall be paid to the Serbian Business Registers Agency’s account No.:
- 840-29770845-52, model 97, reference number (the obtained generated reference number must be entered in 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 rejecting his previous application, completing the missing requirements and paying one half of the stipulated registration fee.
In this case, the applicant should submit:
- a new, duly completed application form indicating the number of the decision whereby his previous 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 that half of the registration fee has been paid (the exact amount will always be specified in the arguments of the decision on rejection).
If the applicant wants to claim 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 new 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.