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

  • a general section (pages 1 - 4); and
  • a special section (Appendices A1 - A3, B1, V1 - V7 and D1).

When submitting the Application Form for Registration of Amendments and/or Supplements to Data on a Contract of Sale, it is mandatory to submit the general section of the application form (pages 1 - 4), as well as the appropriate appendix, depending on the type of amendment and/or supplement whose registration is requested, specifically:

  • for the parties to a contract of sale (Appendices A1 - A3);
  • for the data item on the purchase price (Appendix B1);
  • for the objects of sale (Appendices V1 - V7),
  • for ‘other’ (Appendix D1).

INSTRUCTIONS FOR COMPLETING THE APPLICATION FORM FOR REGISTRATION OF AMENDMENTS AND/OR SUPPLEMENTS TO DATA ON A CONTRACT OF SALE

The Application Form for Registration of Amendments and/or Supplements to Data on 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.

The applicant shall state the number under which the contract of sale (whose data are to be amended and/or supplemented) is registered in the Pledge Register.

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, code 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.

Page 3 - “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 he requests to amend and/or supplement the data relating to the parties to the contract of sale, the data on the purchase price, the data on the object of the contract of sale, or other.

If requesting to amend and/or supplement the data related to the parties to the contract of sale, it is necessary to submit the appropriate appendix (A1-A3) and ensure to indicate whether the already registered data is being amended, supplemented or struck off.

If requesting to amend and/or supplement the data relating to the data on the purchase price, it is necessary to submit the appropriate appendix (B1) and ensure to indicate whether the already registered data is being amended, supplemented or struck off.

If requesting to amend and/or supplement the data relating to the objects of the contract of sale, it is necessary to submit the appropriate appendix (V1-V7) and ensure to indicate whether the already registered data is being amended, supplemented or struck off.

In the field “Description of the change”, the applicant should state precisely what data is being amended.

If requesting to amend and/or supplement other data, it is necessary to submit the appropriate appendix (D1) and ensure to indicate whether the already registered data is being amended, supplemented or struck off.

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

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

On page 4 of the application form, it is necessary to tick the appropriate box next to the appendix submitted with the general section of the form.

SPECIAL SECTION OF THE APPLICATION FORM

If requesting to amend and/or supplement the data relating to the parties, it is necessary to use the appropriate appendix, specifically::

  • Appendix A1 - for the seller;
  • Appendix A2 - for the buyer;
  • Appendix A3 - for the new user of the object of the contract of sale.

If requesting to amend and/or supplement the data on several parties, it is necessary to use the appropriate number of copies of appendix A1 (for the sellers), A2 (for the buyers) and A3 (for the new users of the object of the contract of sale).

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, code 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.

Appendix B1 is used if requesting to amend and/or supplement the data relating to the purchase price.

It is mandatory to state the exact amount and the currency of the purchase price, while the data entered in the application form must be identical to the data contained in the documents attached to the application form.

The contracted date of payment of the purchase price in full must be identical to the data contained in the documents attached to the application form.

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

Appendices V1 - V7 are intended for data describing the object of the contract of sale in more detail. Depending on the type of movable asset that is the subject-matter of the amendment and/or supplements, the appropriate appendix is to be filled out.

If requesting to amend and/or supplement the data on several movable assets, it is necessary to submit an appropriate and duly completed appendix for each movable asset that is the object of sale.

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

Appendix V1 is to be filled out if the object of sale is a movable asset that has a registration/ designation number. In the field “Type of the Movable Asset that Has a Registration/Designationnumber”, it is necessary to indicate which type of asset it is, by ticking the appropriate box. The information should be provided in as much detail as possible and be entered in the appropriate fields.

Appendix V2 is to be filled out if the object of sale is a movable asset that does not have a registration/designation number, and it is a machinery and equipment. By ticking, it is necessary to mark the type of movable asset that is the object of sale, depending on whether it is a construction machinery, agricultural machinery, manufacturing 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 is to 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 webpage of the Register, which contains more detailed information on the object of sale (specification, minutes, etc.). More information is available in the section “.

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

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

Appendix V6 is to be filled out if the object of sale is a movable asset that does not correspond to the descriptions of the objects of sale contained in Appendices V1 - V6. The information should be provided in as much detail as possible.

Appendix V7 is to 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 is to be filled out if the object of sale is any other movable asset, i.e. if requesting to amend and/or supplement any other data not covered by the previous appendices.

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”.

To register new data, amend the existing ones or strike-off some of the registered data, the following documents shall be attached:

  • annex to the sontract of sale and/or other contract or document in compliance with the law;
  • another appropriate document from which it can be established with certainty that there has been a change in the registered data.

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 amendment and/or supplement of a registered contract, 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.

FEE FOR AMENDING AND/OR SUPPLEMENTING DATA ON A CONTRACT OF SALE

The fee for the registration of amendments and/or supplements to registered data is prescribed by the Decision on Fees for Registration and Other Services Provided by the Serbian Business Registers Agency.

The fee for the registration of amendments and/or supplements to the registered data shall amount to RSD 2,000.

If requesting a change 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, regardless of the fact whether the subject-matter is the registration of new persons or objects of the contract of sale, change or strike-off of already registered data.

Below is the example of calculation of the fee when requesting to amend and/or supplement data, whereby data on several objects of the contract of sale are to be entered in the Register:

If the registration of five new objects of the contract of sale is requested by an application, where the purchase price amounts to EUR 50,000, the registration fee shall total to RSD 2,800, representing the sum of RSD 2,000 increased by RSD 800 (the first object of sale is included in the amount of RSD 2,000, while the amount of RSD 200 shall be paid for the remaining four objects of sale).

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 amendments and/or supplements to 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.