Registration of an annotation

The Application Form for Registration of an Annotation is available in the section “Forms”.

INSTRUCTIONS FOR COMPLETING THE APPLICATION FORM FOR REGISTRATION OF AN ANNOTATION

The application for registration of an annotation may be submitted by:

• the pledge creditor;
• the pledgee;
• 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.

A natural person filing an application is required to submit proof of identity. Domestic nationals are required to present a copy of an ID card and foreign nationals a copy of their passport.

Besides the creditor and the debtor, an application may also be filed by an interested party, in other words a party that has a certain legal interest in registering an annotation on a dispute concerning registered movable assets or other relations in connection with a pledge (for instance, a person who has filed an action in connection with a registered pledge is authorized to submit an application for the registration of a pledge).

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 pledge right, the registration of annotation is requested for, is registered with the Pledge Register.

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 - “Type of Annotation”

On page 3, be sure to check the appropriate field to indicate the type of annotation you are registering.

When requesting the registration of an annotation to the effect that the settlement procedure has started, in the “Detailed Description” field you must indicate the date on which the creditor delivered a written notice to the pledgee of his intention to settle his claim from the value of the pledged asset and the maturity date.

An annotation of a dispute is registered if there is a dispute in connection with the pledge, a pledged movable asset or right or other relations in connection with a registered pledge. Please, make sure you indicate the name of the court handling the dispute and the case file number.

When requesting an annotation of data and documents relevant for legal transactions, in connection with a registered pledge, please provide detailed data on the facts or document whose registration you are requesting.

The Law on Financing and Securing Financing for Agricultural Production started to apply as of 1 June 2015, stipulating that annotations of the establishment of a pledge right and right to limited duration of a pledge are subject to registration with the Pledge Register. These annotations are subject to registration when the collateral is a contractual pledge on future agricultural products.

Hence, if you are requesting the registration of an annotation on data and other facts and documents relevant for legal transactions, which are related to the registration of the establishment of a statutory pledge right and the right to limited duration of a pledge, you must indicate that the future agricultural products that were encumbered by a pledge are not on the production venue, and if you are requesting the registration of a right to limited duration of a pledge you must indicate that the grounds for the use of the production venue expired before the harvest.

To register an annotation of a statutory pledge right and the right to limited duration of a pledge with the Pledge Register, the applicant must submit an application for registration of an annotation on a form that is available on the web page of the Pledge Register, in the “Forms” section.

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 registration of an annotation to the effect that the settlement procedure has started, please submit the following documentation.

• notice of the pledge creditor sent to the debtor and pledgee if this is not one and the same person, and to the third party in possession of the asset, informing them of his intention to settle his claim from the value of the pledged asset;
• proof that the aforesaid notice was delivered to the above listed persons.

For the registration of an annotation of a dispute, please submit the claim filed with the court registry’s receipt stamp or other document that can prove beyond doubt that there is an ongoing dispute before the court in connection with the right of pledge, i.e. the pledged asset or right, or other relations of the parties in connection with the registered pledge.

For the registration of an annotation of data on facts and documents relevant for legal transactions, please submit evidence to corroborate these facts and documents with certainty.

For the registration of an annotation of data on facts and documents relevant for legal transactions, in connection with the registration of the establishment of a statutory pledge right, please submit a written statement of the pledge creditor stating that the future agricultural products that were encumbered by a pledge are not on the production venue, which must be notarized if the pledge creditor is a natural person, along with evidence of the existing claim (e.g. a certified copy of entry in the accounting books that shows the balance of the debt on a certain date, or a certified statement of the creditor stating the balance of the debt of the debtor under the financing agreement, as at the date on which the statement was drawn up, or other).

Pursuant to Art. 27 of the Law on Financing and Securing the Financing of Agricultural Production, an annotation of the statutory pledge right may be registered with the Register of Agreements on Financing Agricultural Production (registration is not mandatory), but it takes legal effect only on the date of registration with the Pledge Register, pursuant to Art. 28 of the Law. Specifically, the aforesaid articles stipulate that the pledge creditor will acquire the right of priority to settle his claim from the value of the assets as of the date of registration of an annotation on the establishment of a statutory pledge right with the Pledge Register.

To register an annotation of data on facts and documents relevant for legal transactions, in connection with the registration of the right to limited duration of the pledge, you must attach a written statement of the pledge creditor on the establishment of the right to limited duration of the pledge, which must be notarized by the proper notarization authority if the pledge creditor is a natural person.

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

Any foreign document submitted in support of the application must be legalized in accordance with the law 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 ANNOTATION

The fee for registration of an annotation is stipulated by the Decision on Fees for Rregistration and Other Services Provided by the Serbian Business Registers Agency.

The fee for registration of an annotation shall amount to RSD 2,000.

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 annotation 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.