About Register

In accordance with 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), the administration of the Register of Injunctions has been entrusted to the Serbian Business Registers Agency established pursuant to the Law on the Serbian Business Registers Agency (Official Gazette of the RS, Nos. 55/04, 111/09 and 99/11).

The Register of Injunctions began operating within the Serbian Business Registers Agency on 17 September 2011. It is an integrated, centralized, electronic repository of data in which all registered data are kept in accordance with 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). It is a public register that contains data on provisional remedies imposed before, during or after the termination of judicial proceedings, prohibiting the alienation and encumbrance of movable and immovable assets or real rights over real estate under the terms and conditions prescribed by law. The Register also records all amendments and supplements to the provisional remedies imposed.

The enforcement creditor is required to request, 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.

Registration has a declarative nature.

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 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.

The establishment of the Register of Injunctions as an integrated, centralized electronic repository of data allows all interested parties quick and easy access to data on provisional remedies prohibiting alienation or encumbrance of movable and immovable assets or real rights over real estate, which leads to greater legal security.

Relevant regulations available on the Agency’s webpage:

  • 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);
  • 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);
  • 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 and 11/21).

The following provisional remedies are recorded in the Register:

  • injunctions prohibiting the enforcement debtor from alienating and encumbering movable assets owned by him, in other words movable property title to which is claimed by a third party;
  • injunctions prohibiting the enforcement debtor from alienating and encumbering real estate or real estate titles, i.e. real estate title to which is claimed by a third party.

Glossary

REGISTER OF INJUNCTIONS is a public register that contains data on provisional remedies imposed before, during or after the termination of judicial proceedings, prohibiting the alienation and encumbrance of movable and immovable assets or real rights over real estate under the terms and conditions prescribed by law. The Register is an integrated, centralized electronic database, in which complete data entered in the Register are stored in accordance with the Law on Enforcement and Security Interest.

REGISTRATION APPLICATION FORM is a form containing data that are entered in the database of the Register of Injunctions. The forms are posted on the website of the Serbian Business Registers Agency. In order to register a provisional remedy, a form has to be properly filled out and submitted, in accordance with the instructions provided in the form. Depending on whether the applicant requests data entry, strike off, or an excerpt from the Register’s database, he shall use one of the following forms:

  • Application Form for Registration of a Provisional Remedy;
  • Application Form for Registration of Amendments and/or Supplements to Data on a Registered Provisional Remedy;
  • Application Form for Strike-off of Data on a Registered Provisional Remedy;
  • Application Form for the Issuance of Excerpts/Certificates from the Register of Injunctions.

PROXY is a person authorized for representation. If a registration application form 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, while the grantor is a natural entity, then the power of attorney must be certified by the court or other authority competent for the certification of signatures.

INTERESTED PARTY is a party that has a legal interest in having data entered in or struck off the Register of Injunctions and that is neither the enforcement creditor nor the enforcement debtor.

LEGAL GROUNDS FOR DATA ENTRY OR STRIKE OFF are the documents submitted along with the registration application form, on the basis of which data are entered in or struck off the Register (court decision – ruling imposing the provisional remedy, extending duration, amending or revoking the remedy, etc).

SZ. br. is the number under which the provisional remedy is filed in the Register of Injunctions (assigned by the Serbian Business Registers Agency).

EXCERPT FROM THE REGISTER is an official document (public document) of the Register of Injunctions, containing the complete data on a particular provisional remedy (prohibiting alienation or encumbrance of a particular movable or immovable asset, or real right over real estate) registered in the Register.

CERTIFICATE is a public document confirming that a particular movable or immovable asset or real right over real estate is registered as the object of an injunction prohibiting the alienation and/or encumbrance, or that a particular natural entity is registered as the enforcement debtor, providing basic information on the provisional remedy, or confirming that a particular movable or immovable asset or real right over real estate is not registered as the object of an injunction prohibiting the alienation and/or encumbrance, or that a particular natural entity is not registered as the enforcement debtor. A certificate also confirms whether data or documents were registered, in other words whether a documents is kept in the Register.

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 monetary or non-monetary claim of the enforcement creditor.

PROHIBITION OF ALIENATION AND ENCUMBERANCE is a temporary restriction on disposal of movable or immovable assets, i.e. real rights over real estate for the purpose of securing a monetary or non-monetary claim.

DURATION OF PROVISIONAL REMEDY is the time period set forth in the court decision as the time of effectiveness of a provisional remedy. The time of effectiveness of a provisional remedy may be extended provided no circumstances under which the remedy was imposed in the first place have changed.

ENFORCEMENT CREDITOR is the person whose claim is satisfied in the enforcement procedure.

ENFORCEMENT DEBTOR is the person against whom a claim is satisfied in the enforcement procedure.

CLAIM is a right of the enforcement creditor to demand from the enforcement debtor payment, performance, abstention, or sufferance. A claim may be either monetary or non-monetary and refer to movable or immovable assets, as well as rights.