(Official Gazette of RS, No 4/2010 of 29/1/2010)
113
Pursuant to Article 136, para. 9 of the Law on Bankruptcy (Official Gazette of
RS, No 104/09) and Article 42, para. 1 of the Law on Government (Official Gazette of
RS, No 55/05, 71/05 – revised, 101/07 and 65/08),
The Government hereby adopts this
DECREE
on the content of, method of registering and of keeping the
Bankruptcy Estate Register
Article 1
This Decree shall govern the content of, method of registering and of keeping the
Bankruptcy Estate Register (hereinafter: Register).
According to the Law governing bankruptcy and this Decree, the following
bankruptcy estate shall be subject to registration in the Register:
1) the bankruptcy estate consisting of money acquired through the sale of the
bankruptcy debtor and of the property of the bankruptcy debtor that was not
subject to appraisal of the value of the bankruptcy debtor as a legal entity when the
latter was sold;
2) the bankruptcy estate of the bankruptcy debtor that, following the adoption of the
decision on the conclusion of the bankruptcy proceedings against the debtor, is
made up of the funds set aside for contested claims and funds acquired in the
termination of the legal proceedings in favor of the bankruptcy debtor.
Article 2
The Register shall be kept as a unique, centralized, public electronic database on
the bankruptcy estates set forth Article 1, para 2 of this Decree.
The data subject to registration in the Register shall be data on the bankruptcy
estate, changes to registered data and strike-off of data on bankruptcy estate from the
Register.
Article 3
The Register shall be kept by the Serbian Business Registers Agency (hereinafter:
the Agency) through the Bankruptcy Estate Registrar (hereinafter: the Registrar).
The Register shall be kept in compliance with applicable provisions of the laws
and other regulations governing registration of business entities.
Article 4
The Register shall contain data on bankruptcy estate, in particular:
1) the bankruptcy debtor’s business name, registered office and company
code/registration number;
2) registration number;
3) tax identification number;
4) court name, number and date of the decision set forth in Article 1, para. 2 of
this Decree;
5) bank account numbers;
6) personal name and registration number of the bankruptcy administrator;
7) date and time of registration;
8) date and time of registration of data changes;
9) data on strike-off of the bankruptcy estate from the Register;
10) entry of records relevant for legal transactions.
The Register can also contain the following data:
1) value of bankruptcy estate, if appraised;
2) telephone and fax number of bankruptcy administrator;
3) e-mail address of bankruptcy administrator;
4) other data, pursuant to the law.
Any changes of data contained in the Register shall also be subject to registration.
Article 5
Data set forth in Article 4 of this Decree shall be registered on the basis of an
application for registration submitted by the bankruptcy administrator.
Registration of data set forth in Article 4 of this Decree shall be carried out ex
officio, based on an act of the competent authority, or in the procedure for the exchange
of data with another competent authority, in which case no special act on the conclusion
of data registration shall be adopted.
The application for registration shall be submitted either on the proposed form
published on the website of the Agency, or in the form of a request stating data on the
bankruptcy estate, the registraton of which is applied for, data on the applicant and on the
mode of delivery of the act containing a decision on the application for registration.
Article 6
The following shall be submitted together with the application for registration set
forth in Article 5 of this Decree:
1) copy of entry from a corresponding public register, as proof of the bankruptcy
debtor's identity, unless the bankruptcy debtor is already registered in the Register
kept by the Agency;
2) decision of the competent court on the suspension of the bankruptcy proceedings
against the bankruptcy debtor and on the continuation of the proceedings in
relation to the bankruptcy estate, for the registration of data on bankruptcy estate
set forth in Article 1, para. 2, item 1) of this Decree;
3) decision of the competent court on the conclusion of the bankruptcy proceedings
and on the appointment of a bankruptcy administrator as the bankruptcy estate's
representative for the registration of data on the bankruptcy estate set forth in
Article 1, para 2, item 2) of this Decree, unless the court has submitted this
decision to the competent Register kept with the Agency for publication, including
proof of a special purpose account to which the amount set aside for contested
claims during final distribution of the bankruptcy estate was deposited, or evidence
that this amount has been deposited with the court.
4) certified signature of the bankruptcy administrator, unless the aforesaid document
has been delievered to the competent register kept by the Agency in the procedure
for the registration of data on the debtor’s bankruptcy;
5) evidence of payment of the registration fee.
Article 7
Together with the application for the registration of record entries that are relevant
for legal transactions, a document shall be submitted constituting the basis for the record
entry and evidence of payment of the registration fee.
Article 8
Changes of registered data shall be registered in the Register within a maximum
of 15 days from the date on which such a change was made, in compliance with the
procedure for the registration of data in the Register.
Together with the application for the registration of change of data and proof of
payment of the registration fee, documents shall be submitted that constitute the basis for
the changes of data set forth in para. 1 of this Article, or based on which such changes
were made.
Article 9
Together with the application for registration of strike-off from the Bankruptcy
Estate Register set forth in Artticle 1, para. 2, item 1) of this Decree, a decision of the
competent court on the conclusion of the bankruptcy proceedings shall be submitted.
Together with the application for strike-off from the Bankruptcy Estate Register
under Article 1, para. 2, item 2) of this Decree, a statement of the bankruptcy
administrator shall be submitted, given under full material and criminal liability, on the
completion of all tasks set forth in the decision on the conclusion of the bankruptcy
proceedings, including the settlement of the creditors’ claims, in accordance with the law
governing bankruptcy.
Article 10.
This Decree shall enter into force on the first day after the date of its publication
in the Official Gazette of the Republic of Serbia.
05 No 110-319/2010-1
In Belgrade, 28 January 2010
The Government
The Prime Minister,
Dr. Mirko Cvetković, sgd.