The Application Form for Registration of a Contract of Sale is available in the section “Forms” and consists of:

  • a general section (pages 1 - 7); and
  • a special section (appendices A1 - A3, B1, V1 - V7 and D1).

When filing the Application Form for Registration of a Contract of Sale, it is mandatory to submit the general section of the application form (pages 1 - 7), as well as the appropriate appendix for the object of sale (Appendices V1 - V7 and D1), depending on the type of the object of sale.

Other appendices shall be submitted only if there are several parties to the contract of sale (the appropriate number of copies of the appendices A1 - A3) or if more than one amount of the purchase price is to be entered (the appropriate number of copies of the appendix B1).

INSTRUCTIONS FOR COMPLETING THE APPLICATION FORM FOR REGISTRATION OF A CONTRACT OF SALE

The Application Form for Registration of a Contract of Sale can be submitted by:

  • the seller; and
  • the buyer.

If the applicant is a legal entity, the application form has to be signed by the legal representative of the company or other legal entity, a representative duly authorized to represent the company by the relevant company document or the resolution of the competent corporate governance body, and a procurator.

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

If a natural person files the application form through a proxy who is not an attorney-at-law, the application form must be accompanied by a power of attorney certified by the authority competent for signature certification.

The natural person who files the application form must also submit proof of identity. In the case of a domestic national, he shall submit a photocopy of his identity card and in the case of a foreign national, he shall submit a photocopy of his passport.

GENERAL SECTION OF THE APPLICATION FORM

Page 1 – “Information on the Applicant”

If the applicant files the application directly at the Agency's business premises, he must state in the application form whether he requests to be issued a certificate on the submitted application.

Applicants who wish to avail themselves of the right of priority based on the application they submitted earlier must enter in the new application the number of the decision rejecting the earlier application.

In the section “Information on the Applicant”, the appropriate field relating to the general information about the applicant must be checked by ticking the checkbox placed next to the appropriate name. Natural persons should complete the field on the left side of the form, while legal entities or state agencies should complete the field on the right side of the form, specifically:

  • for a domestic national - first and last name, unique master citizen number (“JMBG”), city and country of permanent residence, street and street number of the permanent or temporary residence, and if a foreign national is the party to the contract of sale - first and last name, passport number, country of issue, city and country of permanent residence, street and street number of the permanent or temporary residence;
  • for a domestic legal entity or state agency - the business name, registration number and address of the registered office, and if a foreign legal entity is the party to the contract of sale - business name, designation under which it is kept in the foreign register, name of that register, place, country and address (street and street number) of the registered office.

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 proxy of the legal entity submits the application, the proxy has to sign the application, and if the proxy 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 deposited power of attorney.

The capacity of the signee must also be indicated in the application by checking the appropriate box (the seller, personally; the proxy/representative of the seller; the buyer, personally; the proxy/representative of the buyer). 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, the Pledge Register.

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.

Pages 3, 4 and 5 – “Information on the Parties to the Sale Contract”

Information on the seller shall be entered on page 3 of the form.

Information on the buyer shall be entered on page 4 of the form.

“The Information on the User of the Object of the Contract of Sale”shall be entered in page 5 of the form. This page shall be filled out only if the user of the object of sale is different from the buyer.

On each page of the form containing information on the parties, it is mandatory to tick the appropriate field relating to the general information about the party whose information is provided, by ticking the checkbox placed next to the appropriate name. In case of a natural person, the fields on the left side of the form should be completed, while in case of a legal entity or state agency, the fields on the right side of the form should be completed, specifically:

  • for a domestic national - first and last name, unique master citizen number (“JMBG”), city and country of permanent residence, street and street number of the permanent or temporary residence, and if the party to the contract of sale is a foreign national - first and last name, passport number, country of issue, city and country of permanent residence, street and street number of the permanent or temporary residence;
  • for a domestic legal entity or state agency - the business name, registration number and address of the registered office, and if the party to the contract of sale is a foreign legal entity - business name, designation under which it is kept in the foreign register, name of that register, place, country and address (street and street number) of the registered office.

If several parties are to be registered, the appropriate number of copies of appendices A1 (for the sellers), A2 (for the buyers) and A3 (for the users of the object of the contract of sale) is used.

Page 6 - “Information on the Purchase Price”

The exact amount of the purchase price, the currency and the contracted date of payment of the purchase price in full must be stated in the application form.

Other information of significance relating to the purchase price can be entered in the field “Other notes”.

The information entered in the application form must be identical to the information contained in the documents attached to the application form.

Page 7 – “Attachments to the General Section of the Form”

On page 7 of the application form, it is necessary to tick the appropriate checkbox next to the attachment that is submitted along with the general section of the form.

SPECIAL SECTION OF THE APPLICATION FORM

If requesting registration of a contract of sale involving several parties, it is necessary to use the appropriate number of copies of the appendices, specifically:

Appendix A1 – if there are several sellers;

Appendix A2 – if there are several buyers;

Appendix A3 – if there are several users of the object of the sale contract.

*The instruction for completing pages 3, 4 and 5 (“Information on the Parties to the Contract of Sale”) of the general section of the registration application form shall be used for completing these appendices.

Appendix B1 is used if a contract of sale stipulates the sale of several assets that have different purchase prices.

*The instruction for completing page 6 (“Information on the Purchase Price”) of the general section of the application form shall be used for completing this appendix.

Appendices V1 – V7 are intended for information describing the object of sale in more detail. The appropriate appendix shall be filled out depending on the type of the movable asset that is the object of sale.

If the contract covers several movable assets, it is necessary to submit a properly completed appropriate appendix for each movable asset that is the object of sale.

The information stated in the application form must be identical to the information contained in the documents attached to it.

Appendix V1 shall be filled out if the object of sale is a movable asset that has a registration designation/number. It is necessary to indicate the type of the asset in the field “Type of the movable asset that has a registration designation/number”, by ticking the appropriate checkbox. The information should be provided in as much detail as possible and be entered in the appropriate fields.

Appendix V2 shall be filled out if the object of sale is a movable asset that does not have a registration designation/number and is a machinery and equipment. It is necessary to mark, by ticking, the type of movable asset that is the object of sale, depending on whether it is construction machinery, agricultural machinery, production machinery, household appliance or other. The information should be provided in as much detail as possible and be entered in the appropriate fields.

Appendix V3 shall be filled out if the object of sale is a portfolio of movable assets. The information should be provided in as much detail as possible and be entered in the appropriate fields.

*If the object of sale is determined as a portfolio of movable assets, it is possible to publish a document on the website of the Register, which contains more detailed information about the object of sale (specification, minutes, etc.). More information is available in the section “Publication of Documents”.

Appendix V4 shall be filled out if the object of sale is a movable asset determined by type. The information should be provided in as much detail as possible and be entered in the appropriate fields.

Appendix V5 shall be filled out if the object of sale is an art object or a valuable. The information should be provided in as much detail as possible and be entered in the appropriate fields.

Appendix V6 shall be filled out if the object of sale is a movable asset whose description does not correspond to the assets described in Appendices V1 - V6 and can therefore be described as ‘Other’. The information should be provided in as much detail as possible.

Appendix V7 shall be filled out if the object of sale is an animal. The information should be provided in as much detail as possible and be entered in the appropriate fields.

Appendix D1 shall be filled out if the object of sale is a movable asset that is not covered by the previous appendices.

The information closely describing the movable asset that is the object of sale shall be entered in the field “Description”; this information shall be as detailed as possible so that the object of sale can be determinable.

DOCUMENTS TO BE ATTACHED IN SUPPORT OF THE REGISTRATION APPLICATION

The documents to be attached in support of the registration application are prescribed by the Rulebook on the Content of the Register of Pledges on Movable Property and Rights and Documents Required for Registration, which is available in the section “Laws and By-laws”.

A properly completed application form must be accompanied by the following documents:

  • a document that provides legal grounds for registration;
  • other appropriate document that can corroborate the data stipulated under Article 3 of the Rulebook; and
  • proof that the prescribed registration fee has been paid.

The documents must be submitted in the form of original, certified extract or photocopy certified by the competent authority.

When a foreign document is attached to the registration application, it must be legalized in compliance with the law and accompanied by a translation drawn up 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 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.

If a separate law prescribes a permit, consent or another document by the competent authority as a condition for the sale of particular movable assets, such a permit, consent or document by the competent authority shall be attached to the registration application form in addition to the documents prescribed by this Rulebook.

To register a contract of sale, the following shall be attached:

  • Contract of sale concluded in compliance with the law governing contractual relations;
  • Statement of the buyer that he agrees that the seller registers the contract of sale in the Register if the seller submits a registration application, where the statement must be certified by the person or authority competent for signature certification if the buyer is a natural person (statement may be contained in the contract of sale);
  • Excerpt from the competent register, for the legal entity not registered with a register kept by the Serbian Business Registers Agency, i.e. excerpt from a foreign register competent for the party to the contract of sale that is a foreign legal entity, i.e. another appropriate document corroborating with certainty the information on the seller, buyer or user of the object of sale prescribed by Article 3, paragraph 4 of the Rulebook (an excerpt from the competent foreign register must be certified in compliance with the law and be accompanied by a translation drawn up by a certified court interpreter);
  • Proof of identity for the natural person who is the party to a contract of sale, if the application form is submitted by a natural person (copy of personal ID card for domestic nationals, i.e. copy of passport for foreign nationals);
  • Other documents corroborating the information that is the subject-matter of registration.

FEE FOR REGISTRATION OF A CONTRCAT OF SALE

The fee for registration of a contract of sale is prescribed by the Decision on Fees for Registration and Other Services Provided by the Serbian Business Registers Agency.

The fee for registration of a contract of sale depends on the amount of the purchase price that the buyer should pay to the seller, and shall amount to:

  • RSD 2,000 - for the amount of the purchase price up to EUR 10,000
  • RSD 5,000 - for the amount of the purchase price ranging from EUR 10,000 to EUR 200,000;
  • RSD 10,000 - for the amount of the purchase price exceeding EUR 200,000.

If requesting the registration of data on several parties or several movable assets by a single application form, the amount of the fee prescribed by the Decision shall be increased by RSD 200 for each subsequent party or movable asset.

Below is the example of calculation of the fee when requesting to register the contract of sale with several objects of sale:

When an application for registration of a contract of sale is submitted, where there are five objects of sale and the purchase price amounts to EUR 50,000, the registration fee shall total to RSD 5,800, representing the sum of RSD 5,000 increased by RSD 800 (the first object of sale is included in the amount of RSD 5,000 while the amount of RSD 200 shall be paid for the remaining four objects of sale). The same method of calculating the amount of the fee shall be applied when there are several sellers, several buyers or if data on several users of the object of sale is to be registered.

An additional fee of RSD 3,000 shall be charged for the late filing of an application for registration.

The fee for the publication of a scanned document that contains detailed data on the object of sale (specification, etc.) shall amount to RSD 1,000.

Account details for the payment of the fee

The fee for registration of a contract of sale shall be paid to the Serbian Business Registers Agency’s account No.:

  • 840-29770845-52, model 97, reference number (the obtained generated reference number must be entered in 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 rejecting his previous application, completing the missing requirements and paying one half of the stipulated registration fee.

In this case, the applicant should submit:

  • a new, duly completed application form 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 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 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 remarks

If the applicant wants to claim 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 new 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.