The registration application for strike-off of an annotation is available in the section “Forms”.

The registration application for strike-off of an annotation may be submitted by:

  • the pledge creditor,
  • the pledger,
  • an 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, 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 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.

In addition to the pledge creditor and the pledger, the application may be submitted also by an intreted party, i.e. a person who has a certain legal interest that the registered annotation is struck off the Register.

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 annotation was registered in the Pledge Register, i.e. the exact number of the decision adopting the application for registration of the annotation.

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 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 box placed by ticking the box placed next to the name of the corresponding type of the applicant (the pledge creditor, personally; proxy/representative of the pledge creditor, personally; the pledger, in person; proxy/representative of the pledger; interested party; proxy/representative of the interested party). 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 - “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 applicant requests the strike-off of the registered annotation, in particular”:

On page 3, ensure to mark the appropriate box next to the type of annotation whose striking-off is requested.

If it is requested to strike-off an annotation to the effect that the settlement procedure has started, ensure to indicate in the field “Detailed description” the document which provided grounds for the creditor to desist from the satisfaction of his claim or which provided grounds for the extension of the maturity date of the secured claim.

If striking-off of an annotation of a dispute is requested, ensure to indicate in the field “Detailed description” the final court decision or the settlements finally concluding the subject dispute (indicate the name and the type of the decision, the name of the court that issued the decision, the number of the decision, the date of issue, as well as the date of finality of the decision).

If it is requested to strike-off an annotation of data and documents of relevance for legal transactions, ensure to indicate in the field “Detailed description” the decision by the state authority or some other document that corroborates the fact that circumstances or documents that had prompted the registration of the annotation have changed.

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 strike-off an annotation to the effect that the settlement procedure has started, it is necessary to attach an annex to the pledge agreement or other appropriate document proving, beyond any doubt, that the creditor has desisted from the satisfaction of his claim and that the parties are consensual to extending the maturity date of the secured claim.

If the pledge agreement which provided grounds for registration of a right of pledge is certified, the document referred to in paragraph 1 of Article 14 of the Rulebook on the Content of the Register of Pledges on Movable Property and Rights and Documents Required for Registration, which is submitted for the purpose of striking off a registered annotation to the effect that the settlement procedure has started, must be certified.

For the strike-off of an annotation of a dispute, the applicant shall submit the final court decision or the settlement finally concluding the dispute.

To strike-off an annotation of data and documents of relevance for legal transactions, it is necessary to submit the appropriate decision by the state authority or some other document that corroborates the fact that circumstances or documents that had prompted the registration of the annotation have changed.

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 TO STRIKE-OFF A REGISTERED ANNOTATION

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

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

Account for payment of fees

Account number for payment of the fee to strike-off a registered 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.

All registered annotations of commencement of the settlement procedure shall be struck off the Register of Pledge on Movable Property and Rights ex officio, upon expiry of 18 (eighteen) months from the date of registration, within the meaning of the provisions of Article 64, paragraph 3 in conjunction with Article 36, paragraph 1 of the Law on Pledge of Movable Assets and Rights (RS Official Gazette, Nos.: 57/2003, 61/2005, 64/2006 – rev., 99/2011 - other laws and 31/2019).