Registration of an agreement on financing agricultural production

The Application Form for Registration of an Agreement on Financing Agricultural Production is available in the section “Forms”, and it consists of:

• a general section (page 1 to 8);
• a special section (appendices А1, А2, B1, B2, V1-V10, G1-G3).

When filing an application for registration of an agreement on financing agricultural production, completing the general section (pages 1-8) and enclosing the corresponding appendices is mandatory. If the registration of a pledge right is requested by the same application, it is necessary to tick the box on page 7 of the application form, to indicate that registration of a pledge right is sought as well, and submit the application form for the registration of a pledge right, which is available in the section “Forms” of the Serbian Business Registers Agency’s website.

If there are several parties to an agreement on financing agricultural production or if the primary contractual obligation of the creditor or debtor consists of several commodity or monetary obligations, then you should submit a corresponding number of appendices along with the application for registration (the corresponding number of A1 appenices, if there is more than one creditor, and a corresponding number of A2 appenices if there is more than one debtor, a corresponding number of B1 appenices if the creditor has more than one contractual obligation and a corresponding number of B2 appenices, if the debtor has more than one contractual obligation).

Depending on the type of collateral, you should submit the corresponding G1, G2 or G3 appendix with the application for registration. Appendix G1 is required if the creditor’s claim is secured with a pledge on future agricultural products, appendix G2 if the collateral is a mortgage and appenix G3 if other types of collateral were contracted.

When applying for the registration of a pledge right on other movable assets and rights, you should submit a special application for the registration of the pledge right, which you can download here. For instructions on how to apply for the registration of a pledge right, click here.

INSTRUCTIONS FOR COMPLETING AN APPLICATION FOR REGISTRATION OF AN AGREEMENT ON FINANCING AGRICULTURAL PRODUCTION

The application form for registration of an agreement on financing agricultural production can be submitted by:

• the creditor, and/or
• the debtor.

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 duly authorized to represent the company by an act or decision of the company’s competent body and a procurator.

The application may also be submitted by another authorized person, i.e. proxy, provided that a 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 an application through a proxy who is not an attorney-at-law, the application must be accompanied by a power of attorney notarized by the authority competent for notarization of signatures.

GENERAL SECTION OF THE APPLICATION

Page 1 – “Information on the Applicant”

If the applicant files the application directly to the Agency, he has to state whether he wants a certificate of filing to be issued to him.

Applicants who wish to avail themselves of the right of priority, based on the application submitted by them earlier, must enter the number of the decision rejecting the earlier application in the new application.

If the applicant is applying for registration of a pledge, contemporaneously with registration of an agreement on financing agricultural production, he has to check the appropriate box to indicate that he is applying for registration of a pledge as well.

In the section “Information on the Applicant”, the appropriate field must be checked to indicate the type of applicant entity. Natural entities should complete the field on the left side of the form, and legal entities or state agencies 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, 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, 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 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 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. 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.

• Pages 3 and 4 – “Information on the Parties to the Agreement”

• Information on the creditor is entered on page 3 of the form;
• Information on the debtor is entered on page 4 of the form.

On page 3 of the form, the applicant must check the appropriate box to indicate the entity to which the information refer. For a natural entity, the applicant must complete the data on the left side of the form, and for a legal entity or state authorityy, then the data on the right side of the form, specifically:

• for domestic natural entities, first and last name, unique master citizen number (“JMBG”), address of permanent or temporary residence (street, house number, town or city and ZIP number); for foreign natural entities, first and last name, passport number, country of issue, address of permanent or temorary residence;
• for domestic legal entities or state authorities, 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; for foreign legal entities, business name, designation under which it is kept in the foreign register, name of that register, city and state, and registered office address (street and number).

On page 4 of the form, check the appropriate box to indicate the type of entity the data refers to. For a natural person, complete the fields on the left side of the form, for legal entities complete the fields on the right side of the form, specifically:

• for domestic natural entities, first and last name, unique master citizen number (“JMBG”), address of permanent or temporary residence (street, house number, town or city and ZIP number); for foreign natural entities, first and last name, passport number, country of issue, address of permanent or temorary residence;
• for domestic legal entities or state authorities, 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; for foreign legal entities, business name, designation under which it is kept in the foreign register, name of that register, city and state, and registered office address (street and number).
• if the debtor is an agricultural holding, enter the registration number of the agricultural holding.

If several entities are applying for registration, the appropriate number of appendices must be filed, (A1 for creditors and А2 for debtors).

Page 5 – “Information on the Agreement on Financing Agricultural Production and Its Content”

Mandatory information on the agreement on financing agricultural production is the date of stipulation of the agreement (day, month, year), the number and date of notarization of the agreement, the filing number and date of the agreement, if any, the date of maturity of the creditor’s obligation, the place and conditions of delivery.

The “Additional Informationa” field is intended for other data that are relevant for the agreement on financing agricultural production.

Page 6 – “Information on the Obligations of the Creditor and Debtor”

On page 6 of the application the applicant is required to provide information on the primary obligation of the creditor in the appropriate field.

If the creditor has undertaken a monetary obligation, then the amount and the currency. If the creditor has undertaken to provide other resources, the required description of this obligation has to be provided in the “Description” field, making sure that it is sufficiently accurate without exceeding the maximum number of characters and expressing the equivalent cash value of the obligation indicating the currency.

As regards data on the debtor’s obligation, depending on whether the obligation involves commodities or cash, on page 6 of the application, specify the crop, variety, quantity and measuring unit for the commodities and the principal amount and currency for the cash obligation.

Page 7 – “Information on Collateral”

On page 7 of the application check the appropriate box to indicate the type of collateral stipulated. If the collateral is a pledge on future agricultural products or other movable assets and rights, in the appropriate field please indicate that you are also at the same time applying for the registration of a pledge on movable property and rights, and submit an application for the registration of a pledge right with the corresponding appendix (G1, V1-V10).

Page 8 – “Appendices to the Form”

On page 8 of the application form, please check the appropriate field to indicate the appendix you are submitting with the general application form.

SEPARATE SECTIONS OF THE APPLICATION FORM

To register an agreement on financing agricultural production that involves several parties, the application has to be accompanied by the required number of appendices, specifically:

• Appendix А1,if there are several creditors;
• Appendix А2, if there are several debtors.

*To complete these appendices, please refer to the instructions for completing the general section of the application form provided on page 3 and 4 – “Information on Parties to the Agreement”.

If the primary obligation of the creditor and/or debtor consists of several commodity and/or monetary obligations, use the required number of appendices, specifically:

• Appendix B1, if the creditor’s primary obligation consists of several commodity and/or monetary obligations;
• Appendix B2, if the debtor’s primary obligation consists of several commodity and/or monetary obligations.

*To complete these appendices, please refer to the instructions for completing the general section of the registration application provided on page 6 – “Information on the Obligations of the Creditor and Debtor”.

Depending on the type of collateral stipulated in the agreement, fill out the corresponding appendix, specifically:

Appendix G1, if the collateral is a contractual pledge on future agricultural products. In the “name of crop” field, check the appropriate box to indicate the type of crop. Complete the other required fields.

Detailed instructions on how to complete Appendices V1-V10 are provided on the website of the Serbian Business Registers Agency, in the Pledge Register’s “Instructions” section.

Appendix G2, if the collateral is a contractual mortgage. Please check the appropriate box to indicate whether it is a land or building mortgage, and specify the type of land or building. Then, enter other data in the appropriate fields. The “Additional Description” field is intended for data that are not covered by the other fields.

Appendix G3, if the collateral is not listed in any of the other appendices (V1-V10 and G1-G2). In this case, provide a detailed description of the collateral in the “Description” field. The data must be as detailed as possible.

REGISTRATION SUPPORTING DOCUMENTS

Documents filed in support of the application for registration are stipulated in the Rulebook on the Register of Agreements on Financing Agricultural Production and Documents Required for the Registration of Data, which are available in the “Law and by-laws” section.

Along with a duly completed application for registration of an agreement on financing agricultural production, you are required to submit:

• the agreement;
• other appropriate documents in support of the application, corroborating the data stipulated in Article 2 of the Rulebook on the Register of Agreements on Financing Agricultural Production and Documents Required for the Registration of Data;
• proof of payment of the stipulated registration fee.

The supporting documents must either be originals, or certified excerpts or copies notarized by the competent authority.

Any foreign document submitted in support of an application has to be legalized in accordance with the law governing the legalization of international documents 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.

Detailed information on the documents to be submitted in support of the registration of a pledge right is available on the website of the Serbian Business Registers Agency, in the Pledge Register’s “Instructions” section.

FEE FOR REGISTRATION OF AN AGREEMENT ON FINANCING AGRICULTURAL PRODUCTION

The fee for registration of data on an agreement on financing agricultural production is stipulated in the Decision on Fees for Registration and Other Services Provided by the Serbian Business Registers Agency.

The fee for registration of data on an agreement on financing agricultural production depends on the creditor’s primary contractual obligation, and shall amount to:

1. RSD 2,000 for an obligation up to EUR 10,000;
2. RSD 5,000 for an obligation ranging from EUR 10,000 to EUR 200,000;
3. RSD 10,000 for an obligation over EUR 200,000.

When filing a single application for registration of an agreement on financing agricultural production and for registration of a pledge in the Pledge Register, you will be required to pay only half of the prescribed fee for the registration of that pledge.

For detailed information on the Pledge Register’s fees please see the “Fеes” section.

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 registration of an agreement on financing agricultural production 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 rejecting his previous application, completing the missing requirements and paying half of the stipulated registration fee.

In this case the applicant should submit:

• a new, duly completed application 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).

Important remarks

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.

If the registration of a pledge right on future agricultural products or other movable property and rights is sought by an application, it is necessary to submit a separate registration application for registration of a pledge right, which can be downloaded here.

Instructions for submitting an application for registration of a pledge right are available here.