The Application for registration of amendments and/or supplements to the data on a registered pledge is available in the section “Forms”, and consists of:

  • the general part (pages 1 to 4); and
  • the special part (Appendices A1 to A3, B1, V1 to V10, G1 and D1).

When submitting the application for registration of amendments and/or supplements to the data on a registered pledge, it is mandatory to submit the general part of the application form (pages 1 to 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 right of pledge (Appendices A1 to A3);
  • for the claim secured by a right of pledge (Appendix B1),
  • for the objects of a pledge (Appendices V1 to V10),
  • for the future agricultural product (Appendix G1),
  • for other (Appendix D1).

INSTRUCTIONS ON HOW TO COMPLETE THE APPLICATION FOR REGISTRATION OF AMENDMENTS AND/OR SUPPLEMENTS TO THE DATA ON A REGISTERED PLEDGE

The Application for registration of amendments and/or supplements to the data on a registered pledge may be submitted by:

  • the pledge creditor
  • the pledger

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 who is authorized by an act or decision of the competent body of the company to represent the company, and a procurator.

The application may be submitted also by another authorized person, i.e. a proxy, whereby the authorization, i.e. a power of attorney for representation, shall be attached to the registration application. The 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 the certification of signatures.

A natural person who submits the application is also obliged to submit the evidence of his/her identity with the application. When this is a domestic national, s/he shall submit a photocopy of his/her identity card, and when this is a foreign national, s/he shall submit a photocopy of his/her passport.

In addition to the pledge creditor and the pledger, the application can also be submitted by a person who has a certain legal interest that the data, whose registration s/he seeks, is registered or struck off the Register.

THE GENERAL PART 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 a previously rejected application, the number of the decision rejecting the previously submitted application must be entered in the application form.

The applicant shall indicate the number under which the pledge right (whose data are to be amended and/or supplemented) is registered in the Pledge 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 person - 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 has 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 pledge creditor, personally; proxy/representative of the pledge creditor; the pledger, personally; proxy/representative of the pledger; interested party; proxy/representative of the interested party). If the application is submitted through the proxy or representative, it is necessary that his/her first and last name and capacity are 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 Pledge 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 part of the form, and thus indicate whether s/he seeks to amend and/or supplemet the data related to the parties to the pledge right, the claim secured by the pledge right, the object of the pledge right, or other.

If it is requested to amend and/or supplement the data related to the parties to the pledge right, 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 it is requested to amend and/or supplement the data related to the claim secured by the pledge right, 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 it is requested to amend and/or supplement the data related to the objects of pledge, it is necessary to submit the appropriate appendix (V1-V10 and G1) and ensure to indicate whether the already registered data is being amended, supplemented or struck off.

If it is requested to amend and/or supplement the data related to the object of pledge indicated as a future agricultural product, it is necessary to submit the appropriate appendix (G1) 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 it is requested to amend and/or supplement other data, it is necessary to submit the appropriate appendix (D1) and ensureto indicate whether the already registered data is being amended, supplemented or struck off.

Page 4 - “Appendices to the general part 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, it is necessary to tick the appropriate box next to the appendix, which is being submitted with the general part of the form.

THE SPECIAL PART OF THE APPLICATION FORM

If it is requested to amend and/or supplement the data related to the parties, it is necessary to use the appropriate appendix, as follows:

  • Appendix A1 - for the pledge creditor;
  • Appendix A2 - for the pledger;
  • Appendix A3 - for the debtor.

If it is requested 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 pledge creditors), A2 (for the pledgers) and A3 (for the debtors).

On each page of the form containing information on the parties, ensure to mark the appropriate box related to the general information on the party whose data is being provided, by ticking the box in front of the appropriate name. If it is a natural person, the fields on the left-hand side of the form are to be filled out, and if it is a legal entity or a state authority, the fields on the right-hand side of the form are to 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.

Appendix B1 is used if it is requested to amend and/or supplement the data related to the claim secured by the pledge right.

if it is requested to amend and/or supplement the data on several claims, the appropriate number of copies of Appendix B1 is used.

By ticking the appropriate box, ensure to indicate in the application whether the claim has matured, is future, conditional, or matures in the future.

It is necessary to indicate the basic amount of the secured claim and the maximum amount of the secured claim, which includes the principal claim increased by the amount of interest rate and the costs to collect the claim. Ensure to state the exact amount and the currency of the claim. The data entered in the application form must be identical to the data contained in the documentation attached to the application form.

The maturity date of the claim is to be indicated if this information is stated in the documentation.

In the field “Other notes”, data that are relevant to the claim secured by the pledge right can be provided (e.g. data on the agreement which provided grounds for the claim secured by the pledge right; the method to calculate the maximum amount of the secured claim; the fact that the claim matures in instalments; and the like).

Appendices V1 - V10 and G1 are intended for data describing the object of the pledge in more detail. Depending on the type of movable asset that is amended and/or supplemented, the appropriate appendix is to be filled out.

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

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

Appendix V1 is to be filled out if the object of a pledge right is a movable asset that has a registration designation/number. It is required to indicate whether it is a future asset (an asset that the pledger will acquire in the future). In the field “Type of the movable asset that has a registration designation/number”, 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 a pledge right is a movable asset that does not have a registration designation/number, and if it is a machinery and equipment. It is required to indicate whether it is a future asset (an asset that the pledger will acquire in the future). By ticking, it is necessary to mark the type of movable asset that is the object of pledge, 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 a pledge right is a portfolio of movable assets. It is required to indicate whether these are future assets (assets that the pledger will acquire in the future). The information should be provided in as much detail as possible and be entered in the appropriate fields.

*If the object of a pledge right 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 pledge (a specification, minutes, etc.). Also, photographs of the object of pledge may be published on the webpage of the Register. More information is available in the section “Publication of Documents”.

Appendix V4 is to be filled out if the object of a pledge right is a movable asset determined by the type. It is required to indicate whether these are future assets (assets that the pledger will acquire in the future). 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 a pledge right is an art object or valuables. It is required to indicate whether these are future assets (assets that the pledger will acquire in the future). The information should be provided in as much detail as possible and be entered in the appropriate fields.

Appendix V6 (“Other”) is to be filled out if the object of a pledge right is a movable asset that does not correspond to the descriptions of the objects of a pledge contained in Appendices V1 to V6. The information should be provided in as much detail as possible.

Appendix V7 is to be filled out if the object of a pledge right is an animal. It is required to indicate whether these are future assets (assets that the pledger will acquire in the future). The information should be provided in as much detail as possible and be entered in the appropriate fields.

Appendix V8 is to be filled out if the object of a pledge right is a right of claim. It is necessary to indicate in the form whether it is a future right (a right that the pledger will acquire in the future).

If a decision of a state authority constitutes the grounds of the right of claim, ensure to enter in the application the name of the authority which has issued the decision, the number and the issue date of the decision. Other relevant information describing the claim that is the object of the pledge may be provided in the field “Detailed information”.

If a contract constitutes the grounds of the right of claim, it is necessary to enter in the application form the number under which the contract has been filed and the contract stipulation date, as well as the number and date of the certification, if the contract has been certified. Other relevant information describing the claim that is the object of the pledge may be provided in the field “Detailed information”.

If the right of claim arises from “Other”, the information describing in more detail the claim which is the object of the pledge is to be entered in the field “Detailed information”.

Appendix V9 is to be filled out if the object of the pledge is a share in a company. Ensure to indicate whether it is a future right (a share that the pledger will acquire in the future). Ensure to enter in the form the business name of the company whose shares are pledged, the registration number thereof and the name of the register, the pledged co-ownership share expressed in percents and address of the registered office of the company.

Appendix V10 is to be filled out if the object of the pledge is any other property right. Ensure to indicate whether it is a future right (a right that the pledger will acquire in the future). Ensure to enter in the form the information on the legal grounds the property right arises from; the information describing that right is to be entered in the field “Detailed information”, while all other information the applicant considers relevant for the registration is to be entered in the field “Notes”.

Appendix G1 is to be filled out if the future agricultural products are the object of the pledge.

The information describing in more detail the immovable asset on which the future agricultural products are sown is to be indicated in the field “Description of the immovable asset”.

Appendix D1 is to be filled out if the object of the right of pledge is any other movable asset or right, i.e. if it is requested to amend and/or supplement any other data not covered by the previous appendices.

DOCUMENTATION TO BE ATTACHED TO THE APPLICATION

The documents to be attached to 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 documentation shall be attached:

  • an annex to the pledge agreement and/or other contract or document in compliance with the law, if a contractual right of pledge is the subject of registration;
  • a decision of the competent state authority amending the decision which was the basis for registration, or other appropriate act or document, if a judicial or statutory right of pledge is the subject of registration;
  • any other appropriate document validating with certainty that registered data has changed.

If the registration of amendments and/or supplements to the registered data is carried out on the grounds of an annex to the agreement referred to in Article 7, paragraph 2 of the Rulebook on the Content of the Register of Pledges on Movable Property and Rights and Documents Required for Registration, this annex to the agreement must be certified.

If the pledge agreement which provided grounds for registration of a right of pledge is certified, an annex to the pledge agreement, which is attached for the purpose of registering new data, amending the existing ones or striking-off some of the registered data, must be certified too.

The documentation must be submitted in the form of original copy, official extract or photocopy certified by the relevant 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 certified translation by a court appointed 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 the legalization of public documents is available here.

If a separate law prescribes a permit, consent or other act of the competent authority as a condition to establish, amend and/or supplement a registered right of pledge, the application shall be accompanied by the appropriate permit, consent or other act of the competent authority in addition to the documentation prescribed by the Rulebook.

FEE TO AMEND AND/OR SUPPLEMENT THE DATA ON A REGISTERED PLEDGE

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

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

If amendments of the registered data on several parties and/or movable assets are requested by one application, the amount of the fee prescribed by the Decision shall be increased by RSD 200 for each subsequent party and/or movable asset.

This is an example of calculation of the fee when the application requests amendments or supplements to data, whereby data for several object of pledge are entered in the Register:

If the registration of five new objects of the pledge is requested by an application, where the basic amount of the secured claim amounts to EUR 50,000, the data registration fee shall amount to a total of RSD 2,800 dinars, representing the sum of RSD 2,000 increased by RSD 800 (the first object of the pledge 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 calculation of the amount of the fee is applied when data on several parties to a pledge (the pledge creditors, the pledgers, or the debtors) is registered, as well as when striking off of a part of registered data is requested by an application, whereby striking off of several parties or objects of the pledge is requested.

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

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

Account for payment of fees

Account number for payment of the fee to amend and/or supplement a registered right of pledge, which is paid to the Serbian Business Registers Agency:

  • 840-29770845-52, model 97, reference number (the obtained generated reference number must be entered in the payment slip)

ACTING UPON A PREVIOUSLY REJECTED APPLICATION

If a previous application was rejected, the applicant may, within 30 days of the publication of the decision rejecting the previous 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 contain the number of the decision rejecting the previous application (the new application should be submitted in full, not only the certain parts thereof, 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 a previously rejected application, the number of the previously rejected application must be stated on the first page. Otherwise, the Registrar shall consider the submitted application as a new application and shall assess the fulfilment of the registration requirements only on the basis of the documentation accompanying it.

If concurrently with the submission of a new application the applicant appeals the rejecting decision, it shall be deemed that the actions undertaken to remediate the established deficiencies have not been undertaken, and the appeal procedure shall run its course.