The application for registration of a right of pledgeis available in the section “Forms” and consists of:

  • the general part (pages 1 to 7); and
  • the special part (Appendices A1 to A3, B1, V1 to V10, G1 and D1).

When submitting the application for registration of a pledge right, it is mandatory to submit the general part of the application form (pages 1 to 7), as well as the appropriate appendix, depending on the type of the change and/or addition to be registered, specifically:

Other appendices shall be submitted only if there are several subjects of the right of pledge (the appropriate number of copies of the appendices A1 to A3) or if several claims are secured (the appropriate number of copies of the appendix B1).

INSTRUCTIONS ON HOW TO COMPLETE THE APPLICATION FOR REGISTRATION OF A PLEDGE RIGHT

The application for registration of a right of pledge may be submitted by:

  • the pledge creditor and
  • the pledger.

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, shall be attached to the registration application. The procurator shall not transfer the power of attorney to another 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 a body responsible for the certification of signatures.

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

THE GENERAL PART OF THE APPLICATION FORM

Page 1 – Information about the applicant

If the applicant submits the application directly, at the Agency, it is necessary to indicate on the application form whether s/he requests to be issued a certificate on the submitted application.

If it is acted upon a previously rejected application, the number of the decision by which the previously submitted application was rejected must be entered in the application.

In the section Information about the applicant, it is necessary to mark the appropriate checkbox relating to the general information about the applicant, by ticking the checkbox placed next to the name of the corresponding 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 body, 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: the personal name and surname, 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 personal name and surname, passport number, passport issuing country, place and country of residence, street and street number of residence/domicile;
  • for a domestic legal entity or state body: the business name, registration number and address of the registered office; if the holder of the right of pledge is a foreign legal entity: the business name, the code 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 a 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 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 deposited power of attorney was filed.

It is mandatory that the capacity of the signatory of the application is indicated in the application form by ticking the checkbox placed next to the name of the corresponding type of the applicant (the pledge creditor, personally; the proxy/representative of the pledge creditor, personally; the pledger, personally; the proxy/representative of the pledger). If the application is submitted through a proxy or representative, it is necessary that his/her personal name, surname and the capacity are stated in the appropriate field provided in this respect.

Page 2 - Manner of delivery of the Registrar's decision and Documentation attached to the registration application

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 s/he 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 registration application, it is necessary to specify each individual document attached to the registration application form, including proof of payment of the registration fee.

Pages 3, 4 and 5 – Information on the subjects of pledge right

Information on the pledge creditor shall be entered on page 3 of the form.

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

Information on the debtor shall be entered on page 5 of the form. This page shall be filled out only if the debtor is not the pledger at the same time.

On each page of the form containing the information on the subjects, it is obligatory to mark the appropriate checkbox that refers to the general information on the subject about which the data are provided, by ticking the checkbox next to the name of the appropriate type of the subject. If it is a natural person, the fields on the left-hand side of the form shall be filled out, and if it is a legal entity or a state body, the fields on the right-hand side of the form shall be filled out, as follows:

  • for a natural person who is a domestic national: the personal name and surname, 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 personal name and surname, passport number, passport issuing country, place and country of residence, street and street number of residence/domicile;
  • for a domestic legal entity or state body: the business name, registration number and address of the registered office; if the holder of the right of pledge is a foreign legal entity: the business name, the code 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 several subjects are registered, the appropriate number of copies of appendices A1 (for pledge creditors), A2 (for pledgers) and A3 (for debtors) shall be used.

Page 6 - Information on the claim secured by the pledge right

In the application, by ticking the appropriate checkbox, it is obligatory to indicate whether the claim is due, future, conditional or is due 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. For future or conditional claims, the data on the amount referred to in Article 7, paragraph 4 of the Law shall be stated. It is obligatory to indicate the exact amount and currency of the claim, and the data entered in the application must be identical to the data contained in the documentation attached to the application.

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

In the field “Other notes”, data relevant for the claim secured by the right of pledge can be stated (e.g. data on the contract the claim secured by the right of pledge originates from, the method to calculate the maximum amount of the secured claim, the fact that the claim is due in instalments and the like.).

If several claims are secured by the pledge right, the appropriate number of copies of the appendix B1 shall be used.

Page 7 – Appendices to the general part of the form

On page 7 of the application, it is necessary to mark the appropriate checkbox next to the appendix that is submitted with the general part of the form.

THE SPECIAL PART OF THE APPLICATION FORM

If the registration of a right of pledge with several subjects is requested, it is necessary to use the appropriate number of copies of the appendices, as follows:

Appendix A1 – if there are several pledge creditors;

Appendix A2 – if there are several pledgers;

Appendix A3 – if there are several debtors.

*The instructions on how to fill out pages 3, 4 and 5 (Data on the subjects of the pledge right) of the general part of the registration application shall be used for completing these appendices.

Appendix B1 shall be used if several claims are secured by the pledge right.

*The instructions on how to fill out page 6 (Data on the claim secured by the pledge right) of the general part of the application shall be used for completing this appendix.

Appendices V1 - V10 and G1 are intended for data that describe the pledged asset in more detail. Depending on the type of movable asset that is the pledged asset, the appropriate appendix shall be filled out.

If several movable assets or rights are pledged, it is necessary to submit a duly completed appropriate appendix for each movable asset or right that is pledged.

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

Appendix V1 shall be filled out if the pledged asset is a movable asset that has a registration code/number. It is obligatory to indicate whether this 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 code/number”, it is necessary to indicate which type of asset it is, by ticking the appropriate checkbox. The data should be given in as much detail as possible, by entering the data in the appropriate fields.

Appendix V2 shall be filled out if the pledged asset is a movable asset that does not have a registration code/number and is a machinery and equipment. It is obligatory to indicate whether it is a future asset (an asset that the pledger will acquire in the future). It is necessary to mark, by ticking, the type of movable asset that is pledged, depending on whether it is construction machinery, agricultural machinery, production machinery, household appliance or other. The data should be provided in as much detail as possible, by entering the data in the appropriate fields.

Appendix V3 shall be filled out if the pledged asset is a portfolio of movable assets. It is obligatory to indicate whether these are future assets (assets that the pledger will acquire in the future). The data should be provided in as much detail as possible, by entering the data in the appropriate fields.

*If the pledged asset 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 pledged asset (specification, minutes, etc.). It is also possible to publish photographs of the pledged asset on the website of the Register. More information is available in the section “Publication of Documents”.

Appendix V4 shall be filled out if the pledged asset is a movable asset determined by type. It is obligatory to indicate whether these are future assets (assets that the pledger will acquire in the future). The data should be provided in as much detail as possible, by entering the data in the appropriate fields.

Appendix V5 shall be filled out if the pledged asset is an art object or a valuable. It is obligatory to indicate whether this is a future asset (an asset that the pledger will acquire in the future). The data should be provided in as much detail as possible, by entering the data in the appropriate fields.

Appendix V6 shall be filled out if the pledged asset is ‘other’ i.e. a movable asset that does not correspond to the description of the pledged asset contained in Appendices V1 to V6. The data should be provided in as much detail as possible.

Appendix V7 shall be filled out if the pledged asset is an animal. It is obligatory to indicate whether these are future assets (assets that the pledger will acquire in the future). The data should be provided in as much detail as possible, by entering the data in the appropriate fields.

Appendix V8 shall be filled out if the pledged asset 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 the right of claim originates from a decision of the state body, it is obligatory that the name of the body that issued the decision, the number of the decision and the decision issue date are entered in the application. Other relevant data describing the claim that is the object of the pledge may be provided in the field “Detailed data”.

If the right of claim originates from a contract, the contract name, the number under which the contract was filed and the contract stipulation date are to be entered in the application form; also, the certification number and the date of certification shall be entered in the application form if the contract has been certified. Other relevant data describing the claim that is the object of the pledge may be provided in the field “Detailed data”.

If the right of claim originates from “Other”, data which describe in more detail the claim which is the object of the pledge is to be entered in the field “Detailed data”.

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

Appendix V10 is to be filled out if the pledged asset is any other property right. It is obligatory to indicate whether it is a future right (a right that the pledger will acquire in the future). It is obligatory to enter in the form the data on the legal basis the property right originates from; the field “Detailed data” shall contain data describing that right, while the field “Notes” shall contain all other data that the applicant considers relevant for registration.

Appendix G1 is to be filled out if the pledged assets are future agricultural products.

The data describing in more detail the immovable asset on which the future agricultural products are sown is to be filled out in the field “Description”.

Appendix D1 is to be filled out if the pledged asset is any other movable asset or right that is not covered by the previous appendices.

Data describing in more detail the pledged movable asset or the pledged right shall be provided in the field “Description”; the data provided shall be as detailed as possible so that the pledged asset can be identifiable.

A video instruction on how to fill out an application form for the registration of a right of pledge is available here.

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 (Official Gazette of the RS, No. 71/2019), which is available in the section “Laws and By-laws”.

A duly completed application form shall be accompanied by:

  • 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 type of documentation to be attached depends on the type of the right of pledge whose registration is required.

The documentation must be submitted in the form of original copies, official extracts or certified copies.

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.

If a separate law prescribes a permit, consent or other act of a competent authority as a condition for establishing a pledge right, the application form shall be accompanied by the appropriate permit, consent or other act of the competent authority in addition to the documentation prescribed by the Rulebook on the Content of the Register of Pledges on Movable Property and Rights and Documents Required for Registration.

The following documents shall be submitted for the registration of a contractual right of pledge without transfer of the pledged asset into the possession:

  • a pledge agreement (the pledge agreement must be certified if the pledged asset is a share);
  • a pledger’s statement to the effect that s/he agrees that the pledge creditor may register the right of pledge in the Register, if the creditor files the application, provided that the statement must be certified by the authority competent for the certification of signatures (the pledger’s statement may also be contained in the pledge agreement);
  • an excerpt from the competent Register for the legal person, if not registered in a register kept by the Serbian Business Registers Agency, i.e. an excerpt from a foreign register competent for the subject of the right of pledge who is a foreign legal entity, i.e. other appropriate document from which the data on the pledge creditor, pledger or debtor, which are prescribed by Article 3, paragraph 4 of the Rulebook on the Content of the Register of Pledges on Movable Property and Rights and Documents Required for Registration, can be determined with certainty (an excerpt from the competent foreign register must be certified in accordance with the law and accompanied by a translation thereof into Serbian by a certified court interpreter);
  • proof of identity for the natural person who is the subject of a pledge right, 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 data that are subject of registration.

The following documents shall be submitted for the registration of a judicial right of pledge:

  • a writ of execution issued pursuant to the law governing enforcement and security interest proceedings and/or the minutes of inventory and appraisal of movable assets;
  • a decision imposing a measure on the basis of which the right of pledge is acquired, pursuant to the law governing enforcement and security interest proceedings;
  • other decision of the court and/or public enforcement officer entitled for registration for the registration of a judicial right of pledge.

The following documents shall be submitted for the registration of a statutory right of pledge:

For the registration of a statutory pledge in the procedure of forced collection:

  • a decision by the competent tax administration authority ordering registration of a right of pledge in the Register and/or other decision entitled for registration of a statutory right of pledge rendered pursuant to the law governing tax procedure;
  • the minutes of the inventory and appraisal of movable assets.

For the registration of a statutory right of pledge by imposing a temporary measure in a tax procedure:

  • a decision by the competent tax administration authority imposing the temporary measure;
  • the minutes of the inventory and appraisal of movable assets.

For the registration of a statutory right of pledge in a deferred tax debt payment procedure:

  • a tax debt balance record or agreement between the tax authority and taxpayer or other document confirming beyond any doubt that the parties have agreed to establish a right of pledge over the taxpayer’s movable assets as security for tax debt;
  • the minutes of the inventory and appraisal of movable assets or other document used in the appraisal of movable assets.

For the registration of a statutory right of pledge in the procedure for securing the payment of the tax debt by a third party (tax guarantor):

  • an agreement between the tax authority and the tax guarantor;
  • the minutes of the inventory and appraisal of movable assets or other document used in the appraisal of movable assets.

FEE FOR THE REGISTRATION OF RIGHT OF PLEDGE

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

For the registration of a right of pledge, a fee shall be paid according to the value of the principal claim secured by the right of pledge, namely:

  • for a value of up to EUR 10,000, the fee shall amount to RSD 2,000;
  • for a value exceeding EUR 10,000 up to EUR 200,000, the fee shall amount to RSD 5,000;
  • for a value exceeding EUR 200,000, the fee shall amount to RSD 10,000.

If the registration of data on several subjects/movable assets is requested by a single application, the amount of the fee prescribed by the Decision shall be increased by RSD 200 for each subsequent subject/movable asset.

An example of the fee calculation when a pledge is registered on several pledged assets is presented below:

If an application for registration of a right of pledge is submitted, where there are five pledged items, and the basic amount of the secured claim 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 pledged item is included in the amount of RSD 5,000 while the amount of RSD 200 shall be paid for the remaining four items). The same method of calculating the amount of the fee shall be applied when there are several pledge creditors, several pledgers, i.e. if data for several debtors are 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 pledged asset (specification, etc.) shall amount to RSD 1,000.

Fee payment account

The fee for registration of a right of pledge shall be paid into 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)

ACTING UPON A PREVIOUSLY REJECTED APPLICATION

If the previous application was rejected, the applicant may, within 30 days from the publication of the decision rejecting the previous application, submit a new application, eliminate all identified deficiencies and pay half of the fee prescribed for the subject registration.

In that case, the applicant shall submit:

  • a new duly completed registration application, in which it is obligatory to indicate the number of the decision by which the previous application was rejected (the new application shall be submitted in whole, not just individual parts of the application, given that it is a new application for registration);
  • the missing and/or rectified documentation (if the decision on rejection states which documentation is not attached and/or what are the deficiencies of the attached documentation);
  • proof of payment of half of the amount of the prescribed registration fee (where this amount shall always be stated in the reasoning of the decision on rejection).

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 the applicant files a new application and at the same time appeals the rejecting decision, the actions taken for the remediation of the established deficiencies shall be deemed to have not been taken and the appeal procedure shall be continued.