Strike-off of a Contract of Sale

The Application Form for Strike-off of a Contract of Sale is available in the section “Forms”.

INSTRUCTIONS FOR COMPLETING THE APPLICATION FORM FOR STRIKE-OFF OF A CONTRACT OF SALE

The Application Form for Strike-off of a Contract of Sale can be submitted by:

• the seller;
• the buyer;
• an interested party.

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.

Besides the seller and the buyer, the application can also be submitted by an interested party, i.e. a party that has a certain legal interest in striking-off the contract of sale from the Register. The interested party should submit the appropriate evidence (a photocopy is also allowed) from which such capacity of his clearly derives.

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 indicate the number under which the contract of sale, whose striking-off is requested, was 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, 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.

Page 3 - “Legal grounds for striking-off the contract of sale from the Pledge Register”:

On page 3 it is mandatory to mark a field next to the appropriate legal grounds for striking-off the contract of sale from the Pledge Register.

If the buyer has repaid the purchase price to the seller in full, it is necessary to tick the box next to “Payment of the debt”.

If the pledge agreement has been terminated or annulled (for example, by an agreement to terminate the contract etc.), it is necessary to tick the box in front of “Termination of the contract”.

If the legal grounds for the strike-off of the contract of sale do not fall into any of the above categories, it is necessary to tick the box next to “Other methods of termination”.

The following are the possible grounds for the strike-off:

• payment of the purchase price in full;
• confusion/merger - the buyer's obligation to pay the purchase price to the seller ceases when one and the same person becomes both the seller and the buyer;
• a court decision by which the contract of sale has been annulled or terminated;

The precise information on the grounds for the termination must be provided in the field “Detailed description”.

For example, when the legal grounds for striking-off the contract of sale is a court decision annulling the contract of sale, it is necessary to indicate in this field the name of the court that rendered the decision, the number and date of the decision and more details about the annulled contract of sale, whereby the original copy of the final court decision must be submitted with the application.

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”.

Different documents shall be attached for the strike-off of a contract of sale, depending on the reason for the strike-off:

• Statement or another document by the seller confirming that the buyer has paid the price in full, where the statement must be certified by the authority responsible for signature certification if the application form for strike-off of a contract of sale is submitted by the buyer, while the seller is a natural person;
• Statement or other document by which the seller waives the claim he has against the buyer based on the contract of sale;
• Final court decision establishing that the contract, based on which the data was registered, has been terminated, i.e. annulled;
• Document proving that the capacity of the seller and the capacity of the buyer has been acquired by the same person (for example, in the case of acquisition - when the buyer and the seller become the same person);
• Any other appropriate document, pursuant to the law.

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

If a foreign public document is attached to the application, it must be legalized in accordance with the law and be accompanied by a translation drawn up by a certified court interpreter. A document drawn up in a foreign language shall be accompanied by its translation a translation drawn up by a certified court interpreter.

FEE FOR STRIKING-OFF A REGISTERED CONTRACT OF SALE

The fee for striking-off a registered 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 striking-off a registered pledge shall amount to RSD 1,000.

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 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.