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

  • a general section (pages 1 to 4);
  • a special section (appendices А1, А2, B1, B2, G1-G3).

When filing an Application for Registration of Changes of Data on a Registered Agreement on Financing Agricultural Production, the general section (pages 1 to 4) and the corresponding appendix are mandatory, depending on the type of change that the applicant seeks to register, specifically:

  • for the parties to an agreement on financing agricultural production (appendices А1 and А2);
  • to specify the primary obligation of the creditor (appendix B1);
  • to specify the primary obligation of the debtor (appendix B2);
  • for the collateral (appendices G1-G3).

If the change of data concerns future agricultural products and pledges on other movable property and rights, the change must be registered with the Pledge Register. In support of the application form for registration of changes of data on a registered pledge, you need to submit the corresponding appendix (G1 or B1-B10), which s available here.

INSTRUCTIONS FOR COMPLETING AN APPLICATION FOR REGISTRATION OF CHANGES OF DATA ON A REGISTERED AGREEMENT ON FINANCING AGRICULTURAL PRODUCTION

An Application for Registration of Changes of Data on a Registered Agreement on Financing Agricultural Production may be filed by:

  • the creditor;
  • the debtor; and/or
  • 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 or struck-off from the Register. The interested party should submit appropriate evidence clearly proving its legal interest.

GENERAL SECTION OF THE APPLICATION

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 filing number of the agreement on financing agricultural production (whose data is changing) in the Register of Agreements on Financing Agricultural Production.

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 – “Requesting Registration of Change of Data:”

On this page of the form, check the appropriate box to indicate which appendix you are submitting with the General Section of the Application Form, i.e. whether you are requesting the registration of change of data on the parties to the agreement on financing agricultural production, or on the primary obligation of the creditor and debtor and collateral.

In the field “Description of Change”, you need to briefly present the data that are being changed (e.g. new pledged asset is being added, change to registered collateral is being made, etc.).

If the change of the data concerns parties to the agreement on financing agricultural production, it is necessary to submit the appropriate appendix (A1-A2) and it is mandatory to indicate whether the already registered data is being amended, supplemented or struck off.

If the change of the data concerns the obligation of the creditor and/or debtor, it is necessary to submit the appropriate appendix (B1 or B2) and it is mandatory to indicate whether the already registered data is being amended, supplemented or struck off.

If the change of the data concerns the pledge right that secures the fulfilment of liabilities arising from an agreement on financing agricultural production, which is registered with the Register of Pledges on Movable Property and Rights, it is necessary to also submit an Application Form for Registration of Amendments and/or Supplements to the Data on a Registered Pledge, which is available in the Pledge Register’s section “Forms”.

If the change of the data on collateral concerns the change of the data on the mortgage as collateral, it is necessary to make the said change in the National Geodetic Institute, Real Estate Register.

Page 4 – “Appendices to the General Section of the Form”

Depending on the type of change that you want to register, you should enclose a fully completed corresponding appendix with your application for registration.

On page 4 of your application, please check the appropriate box to indicate the appendix that you are submitting with the general section of the form.

SPECIAL SECTION OF THE APPLICATION

To register changes of data on the parties to the agreement, please complete the appropriate appendix, specifically:

  • Appendix А1, for the creditor;
  • Appendix А2, for the debtor.

If requesting change of data on several parties, please use the corresponding number of appendices А1 (for creditors) and А2 (for debtors).

Appendix А1 should be completed when requesting registration of changes of data on the creditor.

Appendix А2 should be completed when requesting registration of changes of data on the debtor.

On the pages of the form with data on the creditor and/or debtor, you should check the appropriate box, to indicate the type of entity that the data refer to. For a natural entity, complete the fields on the left side of the form, if for a legal entity or state authority, complete the fields on 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 debtor is an agricultural holding, enter the registration number of the agricultural holding.

Appendices B1 and B2 should be completed if you are requesting change of data on the creditor’s and/or debtor’s obligation.

Depending on whether the obligation subject to change is that of the creditor and/or debtor, complete the corresponding appendix.

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

Appendix B1 should be completed if the change concerns the obligation of the creditor, by entering data on the monetary obligation and/or commodity obligation in the appropriate fields. If the creditor is granting other resources to the debtor, a description of these should be provided in the “Additional Description” field, indicating the equivalent value in money and the currency.

Appendix B2 should be completed if the change concerns the debtor’s obligation, by entering data on the commodity and/or monetary obligation of the debtor. The appropriate fields should be used to provide as much detailed data as possible.

Appendices G1-G3 are intended for registration of changes of data on collateral securing a claim. In the corresponding appendices (G1-G3), please state whether you are requesting an amendment, a supplement to or strike-off of registered data.

Appendix G1 should be completed if the collateral is a contractual pledge on future agricultural products. In the “Name of Crop” field check the appropriate box to indicate the various crops. Complete the other required fields.

Appendix G2 should be completed 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” is intended for data that are not covered by the other fields.

Appendix G3 should be completed if other type of collateral was stipulated. In this case, provide a detailed specification of the collateral in the “Description” field.

If the change of data concerns collateral registered with the Register of Pledges on Movable Property and Rights, along with the application for registration of changes of data on a registered agreement on financing agricultural production, you also need to submit an application for the registration of change of data on the pledged asset with the same Register, with the corresponding attachment (G1, V1-V10).

Detailed instructions on how to complete attachments (V1-V10) are available on the website of the Serbian Business Registers Agency, Pledge Register, in the “Instructions” section (“Instructions for Completing the Application for Registration of Amendments and/or Supplements to the Data on a Registered Pledge”).

REGISTRATION SUPPORTING DOCUMENTS

The required registration supporting documents are stipulated in the Rulebook on the Content of the Register of Agreements on Financing Agricultural Production and Documents Required for Registration of Data, available in the “Laws and by-laws” section.

The following documents must be submitted in support of an application for registration of new data, change or strike-off of registered data:

  • annex to the agreement on financing agricultural production;
  • court decision, state authority act or other public document;
  • other appropriate documents that corroborate with certainty that a change of registered data has occurred.

If the change of data is requested by the debtor, in addition to the annex to the agreement on financing agricultural production and other appropriate documents, he has to submit a written statement of the creditor consenting to the change of registered data, notarized by the competent signature notarization authority if the creditor is a natural entity.

Detailed information on the documents to be submitted in support of the application for amendments and/or supplement to the data on a registered pledge are available in the section “Instructions” of the Pledge Register.

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.

FEES FOR CHANGE OF DATA ON A REGISTERED AGREEMENT ON FINANCING AGRICULTURAL PRODUCTION

The fee for registration of a change of registered data is stipulated by the Decision on Fees for Registration and Other Services Provided by the Serbian Business Registers Agency.

The fee for registration of change of registered data sall amount to RSD 2,000.

If a single application is filed for change of registered data on several entities, and/or several movable/immovable assets, the amount of the fee stipulated by the Decision will be increased by RSD 200 for each additional entity and/or each additional movable/immovable asset.

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 change of data on a registered 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 that was rejected, provided that he files a new application within 30 days from the date of publication of the decision rejecting his previous application, completes the missing requirements and pays 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 application);
  • missing and/or corrected documents (if the missing documents and/or shortcomings of the attached 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 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 the first application and assess compliance with registration requirements only based on the attached documents).

If the applicant appeals the decision on rejection while at the same time submitting a new application, it will be deemed that no action was taken to complete the missing requirements and the appeals procedure will run its course.