The Application Form for Registration of Termination of an Agreement or Strike-off of Data on a Registered Agreement is available in the section “Forms”.

Termination of an Agreement on Financing Agricultural Production or Strike-Off of Data on a Registered Agreement From the Register of Agreements on Financing Agricultural Production

INSTRUCTIONS FOR COMPLETING AN APPLICATION FORM FOR REGISTRATION OF TERMINATION OR STRIKE-OFF OFDATA ON A REGISTERED AGREEMENT

An Application Form for Registration of Termination of an Agreement on Financing Agricultural Production or Strike-off of Data on a Registered Agreement may be filed by:

  • the creditor;
  • the debtor; and
  • an interested party.

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

The application may be filed by other authorized persons, i.e. a proxy, provided that the application is supported by a power of attorney. A procurator may not transfer the power of attorney to another person.

If the applicant is a natural person, submitting the application through a proxy who is not an attorney-at-law, a duly notarized power of attorney must be provided along with the application.

Besides the creditor and the debtor, any interested party may file an application, in other words any party that has a certain legal interest in having data registered with the Register of Agreements on Financing Agricultural Production or struck off the Register of Agreements on Financing Agricultural Production. The interested party should submit appropriate evidence clearly proving its legal interest.

Page 1 – “Information on the Applicant”

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

If the applicant claims priority rights to have a decision issued on his application on account of its earlier submission, he must state the number of the decision rejecting his previous application in the application form.

The applicant must indicate the number under which the annotation was registered with the Pledge Register, i.e. the exact number of te decision granting the application for registration of the annotation.

In the “Information on the Applicant” section, the appropriate field must be checked to indicate the type of applicant the general data refer to. Natural entities should complete the field on the left side of the form, and legal entities or state authorities 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/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/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 agent 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; interested party, personally; proxy/representative of the interested party). 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.

Page 3 – “Legal Grounds for Registration of Termination of an Agreement or Strike-Off of Data on a Registered Agreement”

On page 3, be sure to check the appropriate field to indicate the legal grounds for registration of termination or strike-off of data on a registered agreement from the Register of Agreements on Financing Agricultural Production.

If the debtor has settled all of its obligations under the agreement on financing agricultural production, please check the box “Settlement of Obligation”.

If the agreement on financing agricultural production was terminated (e.g. by an agreement on termination or similar), please check the box next to “Termination of Agreement”.

If the legal grounds for termination of an agreement on financing agricultural production or strike-off of data on an agreement on financing agricultural production do not fall under any of the categories previously listed, please check the box “Other”.

In the field “Detailed Description”, please explain the grounds for termination of an agreement on financing agricultural production or strike-off of data on an agreement on financing agricultural production in more detail.

REGISTRATION SUPPORTING DOCUMENTS

Documents required in support of an application are stipulated by the Rulebook on the Content of the Pledge Register and Documents Required for Registration and the Rulebook on the Register of Agreements on Financing Agricultural Production and Documents Required for Registration of Data, which are available in the “Laws and by-laws” section.

For the strike-off of data on a registered agreement, please submit a final and irrevocable court decision proclaiming the contract null and void, i.e. annulling the contract.

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

The data stated in the application must correspond with the data in the supporting documents enclosed with the application.

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.

FEE FOR REGISTRATION OF TERMINATION OF AN AGREEMENT AND STRIKE-OFF OF DATA ON A REGISTERD AGREEMENT

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

The fee for registration of termination of an agreement and strike-off of data on a registered agreement on financing agricultural production shall amount to RSD 1,000.

When you file a single application to request registration of termination of an agreement/strike-off of data on a registered agreement on financing agricultural production and at the same time apply for the strike-off of a registered pledge, as a collateral securing a creditor’s claim under an agreement on financing agricultural production, from the Pledge Register, you are required to pay only half of the fee prescribed for strike-off of a registered pledge, i.e. RSD 500.

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 termination of an agreement or strike-off of data on and 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 by which the previous application was rejected, eliminate all identified deficiencies and pay half of the fee prescribed for the registration.

In this case, the applicant should submit:

  • a new, duly completed application form indicating the number of the decision whereby his earlier 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 of payment of half of the registration fee (the amount will always be specified in the arguments of the decision on rejection).

Important notes

If the applicant wants to claim his 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 first 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.