Change of Registered Data

The Application Form for Registration of Amendments and/or Supplements to Data on a Registered Financial Leasing Contract is available in the section “Forms”, and it consists of:

  • a general section (pages 1 to 4); and
  • a special section (Appendices A1 to A4, B1 to B6 and V1).

When submitting an application for registration of amendments and/or supplements to data on a registered financial leasing contract, it is mandatory to submit the general section of the application form (pages 1 to 4), as well as the appropriate appendix, depending on the type of the amendment and/or supplement submitted for registration.

  • for the parties to a financial leasing operation and other parties (Appendices A1 to A4);
  • for the leased objects (Appendices B1 to B6);
  • for data on the financial leasing contract (Appendix V1).

INSTRUCTIONS ON HOW TO COMPLETE AN APPLICATION FORM FOR REGISTRATION OF AMENDMENTS AND/OR SUPPLEMENTS TO DATA ON A REGISTERED FINANCIAL LEASING CONTRACT

The Application for registration of amendments and/or supplements to data on a registered financial leasing contract can be submitted by:

  • the lessor; and
  • the lessee, if this is specified by the financial leasing contract.

If the applicant is a legal entity, the application shall be signed by a legal representative of the company or other legal entity, a representative duly authorized to represent the company, by an act or decision of the competent body of the company, and a procurator.

The application can also be submitted by another authorized person, i.e. a proxy, provided that the authorization, i.e. a power of attorney for representation is attached to the registration application. A procurator cannot transfer the authorization for representation to a third person.

If the applicant is a natural person, and the application is submitted through a proxy who is not an attorney-at-law, the application shall be accompanied by a power of attorney certified by the body competent for certification of signatures.

Besides the lessor and the lessee, 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 the Register. The interested party should submit appropriate evidence clearly proving its legal interest.

GENERAL SECTION OF THE APPLICATION FORM

Page 1 - “Information on the applicant”

If the applicant submits the application directly at the Agency, it is necessary to indicate in the application form whether s/he requests to be issued a certificate on the submitted application.

If the applicant acts upon an earlier application that was rejected, the number of the decision rejecting the application submitted earlier must be stated in the application form.

The applicant must indicate the number under which the financial leasing contract (whose data are being amended and/or supplemented) is registered with the Financial Leasing Register.

In the section “Information on the applicant”, it is necessary to mark the appropriate box that refers to the general information on the applicant, by ticking the box in front of the appropriate type of the applicant. If the applicant is a natural person, the fields contained on the left-hand side of the form shall be filled out. If the applicant is a legal entity or a state authority, the fields on the right-hand side of the form shall be filled out, in particular:

  • for a natural person who is a domestic national, it is necessary to state the first and last name, unique master citizen number (“JMBG”), place and country of residence, street and street number of residence/domicile; for a natural person who is a foreign national, it is mandatory to state the first and last name, passport number, passport issuing country, place and country of residence, street and street number of residence/domicile;
  • for a domestic legal entity or state authority, it is necessary to state the registered business name/name, registration number and address of the registered office; if the party to a right of pledge is a foreign legal entity, it is necessary to state the registered business name, the designation under which it is kept in the foreign register, the name of that register, place and country of the registered office and address (street and number) of the registered office.

If the registration application is submitted by a natural person, his/her signature, or the signature of the proxy, shall be affixed to the first page of the application form, and if the proxy is an attorney-at-law, his/her seal shall be affixed as well.

If the registration application is submitted by a legal entity, the seal and the signature of the authorized person shall be affixed to the first page of the application form. If the registration application is submitted by a proxy of the legal entity, the proxy’s signature shall be affixed to the application form, and if the proxy is an attorney-at-law, his/her seal shall be affixed as well.

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 registration application is submitted by a proxy who deposited his/her power of attorney with the Serbian Business Registers Agency, it is necessary to indicate the number under which the power of attorney was deposited.

The capacity of the signatory of the application shall be indicated in the application form, by ticking the box in front of the appropriate name (the lessor, personally; proxy/representative of the lessor; the lessee, personally; proxy/representative of the lessee). If the application is submitted through a proxy or representative, his/her first and last name and capacity must be stated in the field provided in this respect.

Page 2 - “Method of delivery of the Registrar’s decision and the accompanying documentation”

Delivery of a written copy of the Registrar's decision is made only at the explicit request of the applicant. This means that the applicant has to indicate in the application form that s/he requests the delivery of the Registrar's decision and choose one of the offered delivery methods. If the applicant fails to do so, a written copy of the Registrar's decision will not be delivered, and the applicant will be able to get acquainted with the content of the decision through the website of the Serbian Business Registers Agency, the Financial Leasing Register.

In the field “Documentation attached to the application”, it is necessary to specify each individual document attached to the registration application form, including proof of payment of the registration fee.

Page 3 - “The registration applicant requests to amend and/or supplement the data relating to:”

On this page of the application form, the registration applicant should mark the appropriate box next to the appendix that is submitted with the general section of the form, and thus indicate whether s/he seeks to amend and/or supplemet the data related to the parties to the financial leasing operation, the lased object, or the data on the financial leasing contract.

When requesting the amendment and/or supplementation of data referring to the parties to a financial leasing operation, it is necessary to submit the appropriate appendix (A1-A4) and ensure to indicate whether the already registered data is being amended, supplemented or struck off.

When requesting the amendment and/or supplementation of data referring to the leased objects, it is necessary to submit the appropriate appendix (B1-B6) and ensure to indicate whether the already registered data is being amended, supplemented or struck off.

When requesting the amendment and/or supplementation of data referring to the financial leasing contract, it is necessary to submit the appropriate appendix (V1) and ensure to indicate whether the already registered data is being amended, supplemented or struck off.

Page 4 - “Attachments to the general section of the form”

The registration application must be accompanied by a duly completed appropriate attachment, depending on the type of amendment and/or supplement submitted for registration.

On page 4 of the application, it is necessary to mark the appropriate field next to the attachment that is submitted with the general section of the form.

SEPARATE SECTION OF THE APPLICATION FORM

When requesting the amendment and/or supplementation of data referring to the parties, it is necessary to use the appropriate appendices, as follows:

  • Appendix A1, for the lessor;
  • Appendix A2, for the lessee;
  • Appendix A3, for the supplier of the leased object;
  • Appendix A4, for the user of the leased object.

When requesting the amendment and/or supplementation of data referring to several parties, it is necessary to use the appropriate number of appendices A1 (for the lessors), A2 (for the lessees), A3 (for the suppliers of the leased object), A4 (for the users of the leased object).

The Appendix A1 is to be completed if the amendment and/or supplement applies to the lessor.

On the pages of the form containing data on the lessee (Appendix A2), the supplier of the leased object (Appendix A3) and the user of the leased object (Appendix A4), it is mandatory to mark the appropriate field referring to general data on the party the information is provided for, so that the field in front of the appropriate name is ticked. If it is a natural person, the fields contained on the left-hand side of the form shall be filled out, and if it is a legal entity or a state authority, the fields on the right-hand side of the form shall be filled out, as follows:

  • for a natural person who is a domestic national, it is necessary to state the first and last name, unique master citizen number (“JMBG”), place and country of residence, street and street number of residence/domicile; for a natural person who is a foreign national, it is mandatory to state the first and last name, passport number, passport issuing country, place and country of residence, street and street number of residence/domicile;
  • for a domestic legal entity or state authority, it is necessary to state the registered business name/name, registration number and address of the registered office; if the party to a right of pledge is a foreign legal entity, it is necessary to state the registered business name, the designation under which it is kept in the foreign register, the name of that register, place and country of the registered office and address (street and number) of the registered office.

Appendices B1 - B6 are to be used if the requested amendment and/or supplement refers to the leased object. Depending on the type of asset that is subject to amending and/or supplementing, the appropriate appendix is to be filled out.

When requesting the amendment and/or supplementation of data referring to several movable or immovable assets, it is necessary to submit a duly completed appendix for each of the immovable or immovable asset.

The data stated in the application form must be identical to the data contained in the documentation attached to it.

  • Appendix B1 is to be filled out if the object of the lease is a movable asset that has a registration designation/number. In the field “Type of movable asset that has a registration designation/number”, it is necessary to indicate what type of asset it is, by ticking the appropriate field. The data should be provided in as much detail as possible, by entering the data in the appropriate fields.
  • Appendix B1a is to be filled out if the leased object is a movable asset that has a registration designation/number, and it is an aircraft. The data should be provided in as much detail as possible, by entering the data in the appropriate fields.
  • Appendix B2 is to be filled out if the leased object is a movable asset that does not have a registration designation/number, and it is a machinery or equipment. By ticking, it is necessary to mark the type of movable asset that is the object of the lease, depending on whether it is construction equipment and machinery, agricultural equipment and machinery, production equipment and machinery, medical equipment and machinery, IT equipment, household appliances or other machinery and equipment. The data should be provided in as much detail as possible, by entering the data in the appropriate fields.
  • Appendix B3 (“Other”) is to be filled out if the leased object is a movable asset that does not correspond to the descriptions of the object of a lease contained in Appendices B1 to B6. The data should be provided in as much detail as possible, by entering the data in the appropriate fields.
  • Appendix B4 is to be filled out if the leased object is an art object or valuables. The data should be provided in as much detail as possible, by entering the data in the appropriate fields.
  • Appendix B5 is to be filled out if the leased object is an immovable asset - In the field “Type of land”, it is necessary to indicate the type of land, by ticking the appropriate field, depending on whether it is agricultural land, forest land, construction land or other types of land. The data should be provided in as much detail as possible, by entering the data in the appropriate fields.
  • Appendix B6is to be filled out if the leased object is an immovable asset - In the field “Type of the structure”, it is necessary to indicate the type of structure, by ticking the appropriate field. The data should be provided in as much detail as possible, by entering the data in the appropriate fields.

All other data on the leased object that are relevant for the registration of amendment and/or supplement to data related to the movable asset tat is the leased object may be entered in the field “Notes”, on the page Appendix B1, Appendix B2, Appendix B3 and Appendix B4.

Other relevant data, which describe in more detail the immovable asset (the land or the structure) that is the leased object, may be entered in the field “Additional description”, on the page Appendix B5 and Appendix B6.

  • Appendix V1 is to be used if amendments and/or supplements to the data on the financial leasing contract are requested, and may refer to the content of the financial leasing contract or the agreed option after the expiration of the term for which the financial leasing contract was concluded. Hence, depending on that, the appropriate field contained in this appendix should be filled out.

All other data relevant for the registration of amendments and/or supplements to the data on the financial leasing contract may be entered in the field “Notes”, on the page Appendix V1.

If the object of a financial lease consists of several components or contains ancillary equipment, where each individual component or ancillary equipment contains features or data that represent the search criteria, it is recommended that each of the components or each component of ancillary equipment be entered individually, in order for the query in the database of the Register to return accurate or expected results.

DOCUMENTATION TO BE ATTACHED TO THE APPLICATION

The documentation to be attached to the registration application is prescribed by the Rulebook on the Content of the Register of Financial Leasing and Documents Required for Registration, which is available in the section “Laws and By-laws”.

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

  • annex to the financial leasing contract;
  • a contract by which the lessor has transferred the ownership of the leased object to a third party - the lessor, in accordance with the law governing financial leasing operations;
  • an agreement or other act by which the contract is assigned;
  • a contract, which corroborates that a third party is granted the right to use the leased object, as well as a lessor’s written consent in this respect;
  • other appropriate document corroborating with certainty that registered data have been changed.

The documents submitted in support of the application must be originals, certified excerpts or copies certified by the competent authority.

If a foreign document is attached to the application, it must be legalized pursuant to the law, and accompanied by its translation into Serbian made 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 Legalisation for 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 in whose territory the subject public document has been issued, neither legalization nor the “Apostille” stamp is required.

More detailed information on the parties to the Hague Convention and countries with which the Republic of Serbia has ratified bilateral agreements on mutual abolishment of the requirement for the legalization of public documents is available here.

FEES FOR AMENDING AND/OR SUPPLEMENTING DATA ON A REGISTERED FINANCIAL LEASING CONTRACT

The amounts of the fees for registration of an amendment and/or supplement to the registered data are stipulated by the Decision on Fees for Registration and Other Services Provided by the Serbian Business Registers Agency.

The fee for the registration of an amendment and/or supplement to the registered data shall amount to RSD 2,000.

If a change of the registered data on several entities or several movable or immovable assets is requested by one registration application, the amount of the fee prescribed by the Decision shall be increased by RSD 200 for each subsequent entity or movable/immovable asset.

This is an example of calculation of the fee when registration of amendments and/or supplements to data is requested by an application, wherby data on several leased objects are registered in the Register:

If registration of five new leased objects is requested by an application, where the total value of the financial leasing contract amounts to EUR 50,000, the data registration fee will amount to a total of RSD 2,800 dinars, representing the sum of RSD 2,000 increased by RSD 800 (the first leased object is covered by the amount of RSD 2,000, while the amount of RSD 200 is paid for each of the other four objects).

The same method of calculating the amount of the fee is applied when registering data on several entities (lessors, lessees, suppliers of the leased objects or users of the leased objects), as well as when the application requests strike-off of part of registered data, whereby strike-off of several entities, i.e. leased objcts, is requested.

An additional fee for the untimely filed registration application shall amount to RSD 3,000.

Payment details

The fee for the registration of amendments and/or supplements to data on a registered financial leasing contract 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).

ACTING UPON AN EARLIER APPLICATION THAT WAS REJECTED

If his earlier application was rejected, the applicant may, within 30 days of the publication of the decision rejecting the earlier application, submit a new application, remediate any established deficiencies and pay half of the fee prescribed for the subject registration. In that case, the applicant should submit:

  • a new, duly completed registration application, which shall state the number of the decision rejecting the earlier application (the new application should be fully complete, and not partially complete, given that this is a new application for registration);
  • the missing and/or rectified documentation (if the rejecting decision specified the documentation that was not enclosed and/or the deficiencies of the enclosed documentation);
  • proof of payment of half of the amount of the prescribed registration fee (this amount shall be always indicated in the reasoning of the rejecting decision).

Important notes:

If the applicant acts upon an earlier application that was rejected, the number of the earlier application that was rejected must be stated on the first page of the application. Otherwise, the Registrar shall consider the submitted application as a new application and shall assess the compliance with registration requirements only based on the documentation accompanying it.

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.