Instructions for submitting a registration application

The following are the types of registration applications that can be filed with the Register of Injunctions:

  • Application Form for Registration of a Provisional Remedy;
  • Application Form for Registration of Amendments and/or Supplements to Data on a Registered Provisional Remedy; and
  • Application Form for Strike-off of Data on a Provisional Remedy.

Besides the above forms, the application form requesting the issuance of excerpts and certificates from the Register of Injunctions is also available, which is to be submitted for obtaining information on the existence or non-existence of a registered provisional remedy (prohibition of alienation or encumbrance of certain movable or immovable assets, or real rights over real estate). Anyone can request an excerpt or certificate from the Register of Injunctions.

The registration application forms listed above are available in the “Court Injunctions’” section – “Forms”.

The registration application forms listed above can be downloaded free of charge from the section “Forms”, while the paper copies thereof can be obtained at the Serbian Business Registers Agency’s registered office or any of its organizational units, for a fee of RSD 120.

The appropriate registration application form has to be properly filled out, in accordance with the instructions given in the form, and each page of the application must be signed as follows:

  • If the applicant is a legal entity, then its seal and signature of the authorized person (the legal representative of the company or other legal entity, the person who is authorised to represent the company pursuant to the relevant company documents or resolution of the competent corporate governance body, or the proxy, whereby the power of attorney authorizing him to take this particular legal action has to be submitted along with the application for registration) must be affixed to the first page of the registration application form. If the application is submitted by the legal entity’s proxy, then the first page of the application form must be signed by the proxy. If the proxy is an attorney-at-law, then his signature and stamp has to be affixed to the application;
  • If the applicant is a natural entity, then his signature has to be affixed to the first page of the registration application form. If the applicant is a proxy, then his signature has to be affixed to the first page of the registration application form. If the proxy is an attorney-at-law, then his signature and stamp has to be affixed to the application.

As of 1 October 2018, business entities are no longer required to use their stamp in business letters and other documents (Art. 25 of the Company Law, Official Gazette of the RS, Nos. 36/2011, 99/2011, 83/2014 – other law, 5/2015, 44/2018, 95/18 and 91/2019).

Documents to be submitted along with the appropriate application form for registration or strike-off of data from the Register:

  • Decision/ruling on the provisional remedy prohibiting disposal, alienation or encumbrance of movable and immovable assets or real rights over real estate. Either original documents or certified copies thereof are to be submitted in support of the application;
  • Proof of the identity of the applicant and all other parties in the procedure - copy of identity card or passport of the applicant, if the applicant is a natural entity, a copy of the excerpt issued by the competent domestic (if the Serbian Business Registers Agency is not in charge of registration of that particular legal entity), or foreign register if the legal entity’s registration number is not contained in the court decision constituting the legal grounds for the entry;
  • Power of Attorney, if the applicant has authorized a proxy to submit the application, and when the latter is a natural entity and not an attorney-at-law, then the power of attorney must be certified by the body competent for signature certification (as of 1 March 2017, only notaries are responsible for the certification of documentation, except in local self-government units where there are no notaries, so the certification can still be performed in a court or municipality). The power of attorney must be submitted in original;
  • Proof of payment of the registration fee, i.e. payment slip or other evidence of payment pursuant to the Decision on Fees for Registration and Other Services Provided by the Serbian Business Registers Agency, “Fees

In completing the APPLICATION FORM FOR REGISTRATION OF A PROVISIONAL REMEDY, make sure you fill in the pages referring to the parties in the procedure - enforcement creditor and enforcement debtor, while the pages referring to the assets subject to restriction of alienation or encumbrance are to be filled out depending on whether the restriction refers to a movable or immovable asset or right.

In completing the APPLICATION FORM FOR REGISTRATION OF AMENDMENTS AND/OR SUPPLEMENTS TO DATA ON A REGISTERED PROVISIONAL REMEDY, make sure you fill in the data on the applicant and proxy, and enter the data to be amended. Depending on the type of data amendment requested, only the appropriate page of the form is to be filled in and submitted.

APPEALING THE REGISTRAR’S DECISION

The applicant may appeal the Registrar’s decision to the Minister in charge of economic affairs, within 30 days from the date of publication of the decision.

The appeal may also be lodged orally, by means of an on-record statement provided to the Serbian Business Registers Agency.

The appeal does not delay enforcement of the decision.

If the applicant appeals the decision rejecting the application, which determines the requirements that are not met, it will be deemed that no action was taken by the applicant to complete the missing requirements, even if the applicant did complete the missing requirements identified in the decision.

The applicant cannot refer to facts and documents that were not included in the application.

Proof of payment of the state administrative fee for the appeal and the decision shall be filed along with a copy of the appeal. The fee is paid to the Republic of Serbia budget, account No.: 840-742221843-57, reference number 50-016.

According to Article 5, paragraph 1, items 1) and 2) of the Law on State Administrative Fees (Official Gazette of the RS, Nos. 43/2003, 51/2003, 61/2005, 101/2005, 5/2009, 54/2009, 50/2011, 70/2011, 55/2012, 93/2012, 47/2013, 65/2013, 57/2014, 45/2015, 83/2015, 112/2015, 50/2016, 61/2017, 113/2017, 3/2018, 50/2018, 95/2018, 38/2019, 86/2019, 90/2019 and 98/2020), the fee for applications is charged on submission, and for decisions upon filing a request for the issuance thereof. According to a scale of charges for state administrative fees, the fee for filing an appeal shall amount to RSD 480 (tariff number 6), for a copy of the decision on appeal - RSD 550 (tariff number 9), and for a reminder inviting the payer to pay the fee - RSD 280 (tariff number 18).

Note:

The content of entry into the Register of Injunctions is governed by the Law on Enforcement and Security Interest, while the law governing the procedure of registration with the Serbian Business Registers Agency (Law on the Procedure of Registration with the Serbian Business Registers Agency) applies accordingly to the procedure of registration with the Register of Injunctions. The amounts of the fees for data registration and strike-off from the Register of Injunctions are established in the Decision on Fees for Registration and Other Services Provided by the Serbian Business Registers Agency. The texts of the Law on Enforcement and Security Interest, Law on the Procedure of Registration with the Serbian Business Registers Agency and Decision on Fees for Registration and Other Services Provided by the Serbian Business Registers Agency are available on the Agency’s website’s section “Laws and By-lawsˮ.

Instructions for Register Database Search

Instructions for searching the data contained in the Register of Injunctions

You can search the database of the Register of Injunctions using the following four basic strings:

  • the parties;
  • the property a provisional remedy has been imposed upon;
  • the number of the court decision imposing a provisional remedy; and
  • the number under which an application for registration of a provisional remedy has been filed in the Register (“SZ. br.”).

Search by Parties

If the database is searched by enforcement debtor, the search strings vary depending on whether it is a natural or legal, foreign or domestic entity:

  • for a domestic natural entity, enter the first and last name and/or unique master citizen number (“JMBG”);
  • for a foreign natural entity, enter the first and last name and/or passport number;
  • for a domestic legal entity, enter the business name and/or registration number;
  • for a foreign legal entity, enter the business name and/or the designation under which it is filed in the foreign register of business entities and the name of that register.

Data search by the property a provisional remedy has been imposed upon

If the database is searched by the data on the property the provisional remedy has been imposed upon, the search strings depend upon the type of property:

  • If the object of injunction  is a real estate property, the search strings are:
  • Cadastral parcel number;
  • Municipality;
  • Place;
  • Cadastral municipality;
  • Street;
  • House number or mark.

 

The strings can be entered individually or collectively.

  • If the object of injunction is a movable asset, the search strings are:
  • for objects that have a registration number:
  • registration designation/number;
  • mark;
  • type/model;
  • chassis number (if any);
  • engine number.

The strings can be entered individually or collectively.

  • for objects without a registration number:
  • mark;
  • type/model;
  • production code/serial number.

The strings can be entered individually or collectively.

  • for an art object or valuables, the strings are:
  • type/name;
  • author/producer.

The strings can be entered individually or collectively.

  • for animals:
  • detailed definition;
  • species;

The strings can be entered individually or collectively.

NOTE:

When a provisional remedy is imposed upon the entire property of the enforcement debtor, the database search will return results only if data on the enforcement debtor are used as the search strings. When doing a search, besides searching by object of provisional remedy, it is recommended that you do a search also by enforcement debtor. You may want to take into account that some movable property was entered into the Register as part of a collection of movable assets, described in detail in the documents filed along with the application for registration (e.g. specification). Therefore, the details on each individual movable asset may not have been entered in the database. The Serbian Business Registers Agency keeps the documentation on the basis of which the entry into the Register was made and any interested party may review the documents and verify whether a specific movable property is under the prohibition of alienation or encumbrance.

Search by the number of the court decision imposing a provisional remedy

If the database is searched by the number of a court decision imposing or revoking a provisional remedy, the search strings are:

  • court name;
  • number under which the court decision has been issued.

The strings must be entered collectively.

Search by the number under which an application form for registration of a provisional remedy has been filed in the Register (“SZ. br.”)

If the database is searched by the number under which a particular registration application form has been filed in the Register, enter the number assigned by the Serbian Business Registers Agency (the so-called “SZ. br.”), only in the хххх/хх format, without the – х addition.