The Application for registration of an annotation is available in the section “Forms”.

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

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

  • the pledge creditor;
  • the pledger;
  • any interested party.

If the applicant is a legal entity, the application shall be signed by the 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 the procurator.

The application may also be submitted by another authorized person, i.e. a proxy, whereby the authorization, i.e. a power of attorney for representation, must 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 must be accompanied by a power of attorney certified by the authority responsible for the certification of signatures.

The natural person who submits the application shall be obliged to submit proof of identity with the application. In the case of a domestic national, s/he shall submit a photocopy of the identity card, and in the case of a foreign national, s/he shall submit a photocopy of the passport.

In addition to the pledge creditor and the pledger, the application can be submitted also by an interested party, i.e. a person who has a certain legal interest to register in the Pledge Register an annotation of a dispute relating to the pledged movables or other relations of the parties in connection with the pledge (e.g. a person conducting a litigation relating to the registered right of pledge is authorized to submit the application for registration of an annotation).

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 for which the registration of the annotation is requested 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 type of annotation”

On page 3, it is mandatory to tick the box in front of the type of annotation whose registration is sought.

If it is requested to register an annotation to the effect that the settlement procedure has started, it is mandatory to indicate the maturity date of the claim.

An annotation of a dispute shall be registered if a litigation is being conducted, which is relating to the pledge right, movable asset or right that is the object of the pledge, or other relations of the parties in connection with the registered pledge. It is mandatory to indicate the name of the court before which the litigation is being conducted, as well as the number under which the procedure is being conducted.

If it is requested to register an annotation of data on other facts and documents of relevance for legal transactions, which are in connection with the registered pledge, it is necessary to provide more detailed information on the fact, i.e. the document whose registration is sought.

Important note:

If it is requested by a registration application to register an annotation to the effect that the settlement procedure has started, the duly completed application form for registration of the annotation shall be accompanied by a duly completed Attachment A1- Application for publication of a notification of the creditor’s intention to settle his matured claim from the value of the object of the pledge right, which is available in the section “Forms”.

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 Pledges on Movable Property and Rights and Documents Required for Registration, which is available in the section “Laws and By-laws”.

To register an annotation to the effect that the settlement procedure has started, it is necessary to attach:

  • a notice of intent of the pledge creditor to settle his matured claim from the value of the object of the pledge right, which shall be published concurrently with the registration of the annotation to the effect that the settlement procedure has started;
  • a statement of the pledge creditor or other document that corroborates the maturity date of the secured claim, if it is not indicated in the notice of intent to settle.

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 proving, beyond any doubt, that a dispute is underway before a court of law in connection with a right of pledge, a pledged movable asset or right, or other relations of the parties in connection with the registered pledge.

To register an annotation of data on facts and documents of relevance for legal transactions, it is required to attach the documentation corroborating with certainty the fact or document whose registration is sought.

The documentation must be submitted in the original, certified transcript 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 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 legalization of public documents is available here.

FEE FOR REGISTRATION OF AN ANNOTATION

The amount of the fee for registration of an annotation is prescribed by the Decision on Fees for Registration and Other Services Provided by the Serbian Business Registers Agency.

The fee for registration of an annotation shall amount to RSD 2,000.

Along with the application for registration of an annotation to the effect that the settlement procedure has started, in addition to the fee of RSD 2,000, proof of payment of the fee of RSD 1,000 sall be attached for concurrent publication of the notice of intent of the pledge creditor to settle his matured claim from the value of the object of the pledge right.

The fee for publication of the notification of the place and time of the out-of-court sale shall amount to RSD 1,000.

The additional fee for untimely submission of a registration application shall amount to RSD 3,000.

Account for payment of fees

Account number for payment of the fee for registration of an annotation, 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.