Who may request the recording of a registration advice with the electronic archive for security interests in movable property - AEGRM?

In accordance with art. 1, item 15 of Law no. 60 from 10 April 2012 on the approval of Emergency Ordinance of the Government no. 79/2011 for the regulation of certain measures necessary for the implementation of Law no. 287/2009 on the Civil Code published in the Official Gazette no. 255 from 17 April 2012, amending article I item 1, article 1 from the said emergency ordinance, the request of a registration with the Electronic Archive for Security Interests in Movable Property - AEGRM may be addressed, on a case-to-case basis, to the following persons:

1. The mortgagee or his representative authorized by authentic proxy or power of attorney for lawyers, when his representative is a lawyer, may request the registration with the Archive of any type of mortgage advice;

2. The debtor of the secured obligation or his representative, authorized by authentic proxy or power of attorney for lawyers, when his representative is a lawyer, may request only the registration of the initial mortgage advice with the Archive;

3. The author of the mortgage or his representative, authorized by authentic proxy or power of attorney for lawyers, when his representative is a lawyer, may request only the registration of the initial mortgage advice and of the advice to extend the mortgage upon other assets with the Archive;

4. The advice for the assignment of the mortgage receivable or of the amending advice by which is replaced the creditor provided in the initial mortgage advice by another creditor may be inserted into the Archive, as the case may be, on the request of the assignor, of the assignee, of the former or current creditor or of his representative, authorized by authentic proxy or power of attorney for lawyers, when his representative is a lawyer;

5. The advice of assigning the mortgage may be submitted with the Archive, as the case may be,  on the request of the mortgage assignor or of the mortgage assignee or their representative, authorized by authentic proxy or power of attorney for lawyers, when the representative is a lawyer;

6. The registration with the Archive of trust advices may be requested, as the case may be, either by the author, or the beneficiary, or by the trustee or the interim manager or by their representatives, authorized by authentic proxy or power of attorney for lawyers, when the representative is a lawyer, in the terms established by the Supervision Authority by the Order of the Minister of Justice for the approval of the registration advice forms;

7. The operator shall keep the representation documents related to each recorded advice and he shall present them on the request of the Supervision Authority;

8. If the interested person is a legal entity, the subscription of the registration advices may be performed also by its legal advisor by presenting the proxy given by the legal entity;

9. The registration with the Archive of specific advices may be requested by any of the parties to the advice or by their representatives, authorized by authentic proxy or power of attorney for lawyers, when the representative is a lawyer, in the terms established by the Supervision Authority by the Order of the Minister of Justice for the approval of the registration advice forms.

10. The registration with the Archive of mortgage advices according to Law no. 31/2006 and Law no. 32/2006 may be requested by the creditor’s representative.

On receiving the registration advice form, the operator/agent is under the obligation to verify whether the applicant has the capacity of an interested person and he may perform any verification necessary for such purpose, being liable for the prejudices inflicted by their negligence throughout such verifications. The interested persons may be:

- the secured creditor (or his representative authorized by authentic proxy) may request the registration with the Archive of any type of guarantee advice.

- the author (or his representative authorized by authentic power of attorney) may request the registration with the Archive of the initial mortgage advice and of the advice to extend such advices upon other assets.

Special situation: advice to assign the secured receivable with the assets registered in the initial advice, the amending advice by which is replaced the creditor provided in the initial advice may be inserted, as the case may be, by the assignee (gainer of the gratuitous/onerous title of the receivable, by the assignor (former creditor), former/current creditor or their representative authorized by authentic proxy, may not be inserted by the assigned debtor recorded in the Archive in the column concerning the debtor.

If the advice for the assignment of the secured/amended receivable is inserted in the Archive on the request of the assignee, of the new creditor or the legal representative authorized by authentic proxy, the applicant shall attach also a statement on own liability given in front of a notary public by the new creditor (or in case of the legal entity, by its representative), by which he declares that the data comprised in the filled in guarantee advice form refer to the transfer of the receivable performed by law or by virtue of a legal document concluded in writing and signed by the parties on the date of issuing the statement or of a legal deed. The statement should comprise in detail data on the legal grounds of transferring the secured receivable, data that shall be also provided in the guarantee advice form. The statement shall be withheld and attached to the registration advice form. Operators/agents should remit on a monthly basis to the Supervision Authority a report with the registrations of this type performed with the Archive. Any person prejudiced by the registration or non-registration with the Archive of a guarantee advice, when there is such an obligation incumbent on creditor according to the law, may request a registration with the Archive, provided it obtained a court decision that is final and irrevocable, by which it is authorized to subscribe that advice in creditor’s account. The registration is performed by the Supervision Authority without paying any fee. The prejudiced person shall resort to the Supervision Authority with the following deeds:
-an authenticated copy of the court decision vested with a writ of execution;
-the registration advice form.

AEGRM.ro Team

Electronic Archive for Security Interests in Movable Property