On the Electronic Archive for Security Interests in Movable Property - AEGRM
In accordance with Art. 2.413 from the New Civil Code, the Electronic Archive for Security Interests in Movable Property
(1) The registration of operations regarding security mortgages, of operations assimilated thereto, as well as of other rights provided by law shall be performed only with the Electronic Archive for Security Interests in Movable Property, unless otherwise provided by the law.
(2) The organization and operation of the Archive shall be regulated by a special law.
The Electronic Archive for Security Interests in Movable Property - AEGRM – offers information both to creditors (banks, non-banking financial institutions, etc.) on security mortgages offered by a debtor for a credit, and to (corporate or individual) buyers, who are able to verify whether there is any security mortgage set up upon an asset they are to purchase (movable assets, motorcars, merchandise stocks, machines, etc.).
With the Electronic Archive for Security Interests in Movable Property - AEGRM – may be registered publicity of: security mortgages, trusts, mortgage bonds, secured receivables, non-pursuance clauses, non-alienation clauses, clauses for the reservation of property, buyback agreements, receivable assignments, discharge declarations, cancellation declarations, court decisions on order deeds seriously endangering family interests, the matrimonial regime, usufruct upon receivables, advance payment of rent, the assignment of the receivable regarding rent, other legal deeds or facts subject to publicity in accordance with the law.
The Electronic Archive for Security Interests in Movable Property - AEGRM is a unique database countrywide, ensuring the registrations of security mortgages and of the other legal deeds stipulated in the legislative matter specific to the field of AEGRM.
Any secured creditor, who wants to publish the existence of security mortgage upon an asset, in accordance with the provisions of the New Civil Code, in order to obtain a priority rank, has to fill in and submit or remit a deed on electronic media to/in which was incorporated, attached or associated an extended electronic signature based on a valid qualified certificate, in the terms established by the Supervision Authority, a registration advice form to an authorized operator/agent of the Archive against the payment of the fee established by law and of the adequate tariff established by that operator.
The security mortgage regulated by the New Civil Code is a right in rem the finality of which is the securing of the fulfillment of any obligation.
Electronic Archive for Security Interests in Movable Property