Registration of an Annotation

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

INSTRUCTIONS ON HOW TO COMPLETE AN APPLICATION FORM FOR REGISTRATION OF AN ANNOTATION

The Application for registration of an annotation can be submitted by:

  • the lessor;
  • the lessee; and
  • an interested party.

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 the application, in other words, any party that has a certain legal interest in having an annotation of a dispute in connection with the leased asset or the financial leasing contract, or annotation of data on facts and documents relevant to legal transactions in connection with the registered financial leasing contract, registered (e.g. the person conducting the litigation in connection with the registered financial leasing contract is authorized to submit a registration application for registration of an annotation). The interested party should submit appropriate evidence corroborating with certainty such a capacity of the interested party.

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, the registration of the annotation is requested for, 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 - “Type of annotation”

On page 3, it is mandatory to tick the box in front of the type of annotation that the request for registration refers to.

An annotation of a dispute shall be registered if litigation in connection with a financial leasing contract or leased object is being conducted. It is mandatory to indicate the name of the court handling the dispute, as well as the case file number.

When requesting registration of an annotation of data on other facts and documents relevant for legal transactions, which are in connection with a registered financial leasing contract, it is necessary to provide more detailed information on the fact, i.e. the document whose registration is sought.

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”.

To register an annotation of a dispute, it is necessary to attach a copy of the lawsuit bearing a court’s receipt seal or other appropriate document corroborating with certainty that a dispute is underway before a court of law in connection with a financiallease contract.

To register an annotation of data on other facts and documents relevant for legal transactions, which are in connection with a registered financial leasing contract, it is necessary to attach documentation that corroborates with certainty the existence of the fact or document whose registration is requested.

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

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

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.

FEE FOR REGISTRATION OF AN ANNOTATION

The amount of the fee for registration of an annotation is 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 annotation shall amount to RSD 2,000. An additional fee for the untimely filed registration application shall amount to RSD 3,000.

Payment details

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).

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.