Entering data into the Register of Liens

DOCUMENTATION REQUIRED FOR REGISTRATION

The following documentation must be attached to the proposals for registration of a certain action or right:

• a decision, record of settlement, other court decision, notarial deed or court certificate on the acquisition of a lien when that right was acquired by force under the provisions of the Enforcement Act. The above-mentioned documentation must be submitted in original.

Along with the proposal for registration on the movable property or right registered in another public book, i.e. on vehicles in the public records of the Ministry of the Interior, patents entered in the patent register, and on movables belonging to real estate, the following needs to be attached:

• an extract or a certified transcript of the document from public books / records that states that the movable property is the property of the debtor, insurance opponent or debtor, i.e. that these persons are holders of rights or the same document for a third person with whose consent the movable is charged or a certain right is transferred on which registration should be made. The document must not be older than 15 days from the date of submission of the proposal.

The proposal for subscription on the share shall be accompanied by:

• a certificate from the Central Depository and Clearing Company that the share is not registered at it on the dematerialized securities account.

The proposal for registration on a vessel (e.g., boat), aircraft (e.g. helicopter) or stamp, if there is any doubt as to which registrar / register is competent for registration, the following shall be attached at the request of the Registration Service:

• a certificate from the registrar / register of another public book that the registrar / register is not competent for registration.

For other movables / rights, the following is attached, if possible:

• another document on the ownership or the right of the person authorized to register on the movable, or the right for which the public book / records are kept.

SUSPENSION OF THE REGISTRATION PROCEDURE

The registration procedure may be suspended at the proposal of the party who proposed it or at the request of the body that initiated the registration procedure.

REGISTRATION OF ANNOTATIONS

The recording of annotations is carried out ex officio or on the basis of a decision / ruling, or a document of the competent authority, and at the written request of a party or a third party who has a legal interest in doing so.

REGISTRATION DELETION

A party or participant which considers that the registration has violated his or her right may request the deletion of such registration.

LARGE NUMBER OF REGISTRATIONS

If the number of items you are registering exceeds twenty, the registration proposal and the required documentation are submitted in paper form with a mandatory list of items on a CD or floppy disk in Excel format. To avoid the possibility of errors and subsequent corrections, make sure you have the latest version of the Excel file immediately before each entry. The Excel file contains built-in controls, minimizing the possibility of errors.

Therefore, if the number of enforcement or insurance cases listed in the document is greater than 20, the following must be attached to the registration application:

• Excel file with a list of all cases (on a floppy disk or a CD),
• a printed list of items from the Excel file for which you propose registration*,
• and the required documentation.

LEGAL REGULATIONS

The procedure and manner of registering is determined by the following regulations:

• Law on the Register of Court and Notary Insurance of Creditors' Claims on Movable Property and Rights,
• Ordinance on the form and content of the Register and the internal organization and work of the Registration Service,
• Ordinance on fees for entries in the Register,
• Ordinance on the conditions of use and the fee for the use through electronic media of data contained in the registers and other records of the Registration Service.

FORMS
Registration Proposal Forms are also available at the Fina Registration Services.

The necessary documents are attached to the proposal for registration, in accordance with the request of the proposal. The proposal for registration must be personally signed by the proposer / proxy and stamped by a legal entity, a lawyer.

DOCUMENTS 

*The printout of items from an Excel file should be certified and signed by the same person who signed the Registration Proposal form. 

**A prerequisite for filling out the form on a computer is a PDF viewer. The filled-out form is submitted to the Registration Service in paper form, signed and certified.