Registration advice – description and characteristics
Any registration advice is identified by a singular element, namely a sole identification (ID) number assigned by the Archive for Security Interests in Movable Property - AEGRM.
The identification number comprises an alphanumerical value including also the figures of the year when the registration is performed.
Any registration advice mandatorily comprises the following information:
1. General information on the registration:
- the identification number of the concerned registration advice (registration identifier);
- the authorized user that performed the registration;
- the registration date;
- the date on which expires the status of the registration advice (expiry date);
- the type of registration advice;
- the destination of the registration;
- the identification number of the initial registration, if the viewed registration is not an initial registration advice;
- the identification number of the registration advice that it amends (other than the initial registration), if the case may be;
- the identification number of the registration amending the viewed registration, if the case may be.
2. The identification data of the creditor./3. The identification data of the debtor./4. The identification data of the author.
The IT application comprises the following list with types of legal entities:
- independent utility;
- national society/company;
- public institution;
- general partnership;
- joint-stock company;
- partnership limited by shares;
- company with limited liability;
- limited partnership;
- agricultural company;
- cooperative company (corporatist organizations) – according to Law no. 1/2005;
- group of economic interest;
- association/foundation (legal entities with no lucrative scope regulated by Government Ordinance no. 26/2000 on associations/foundations);
- civil professional company with limited liability (set up as a form of exerting the profession of a lawyer);
- the representative office of a foreign trading company¹/economic organization (according to Decree-Law no. 122/1990 on the authorization and operation in Romania of representative offices of foreign trading companies and economic organizations);
- another type².
The identification of the corporate creditor/debtor/author is performed by:
- type of legal entity;
- registered office;
- zip code;
- identification number with the Trade Register;
- sole registration code/tax code.
The identification of the individual creditor/debtor/author is performed by:
- father’s forename;
- mother’s forename;
- zip code;
- personal number.
4. Description of the asset under security mortgage.
In accordance with the nature of the asset, the IT application of the Archive offers three possibilities of selecting the type of asset subject to the security mortgage:
- motor-vehicles (i.e. vehicles with mechanical haulage), identified by: model, chassis series, engine series, additional description.
- movable assets attached to an immovable asset: a) the forest that is to be cleared; b)minerals that are to be extracted; c) movable assets accessory to an immovable asset.
If the debtor is the owner only of the movable asset, the immovable asset being the property of another person, or the debtor is the co-owner of the immovable asset in liaison with other persons, the identification data of such persons shall be inserted in a separate column.
- other assets under security mortgage, i.e. all the other assets that do not classify in the two situations presented above.
In a separate column, operators/agents shall insert the identification data of the individual filling in, subscribing and addressing the application to record with the Archive for Security Interests in Movable Property - AEGRM the registration advice form.
The identification data of an individual supplementing, subscribing and addressing the application to record with the Archive for Security Interests in Movable Property - AEGRM the registration advice form are not however accessible to the public, but only to the authorized users.
According to the situation, certain registration advices may comprise also other pieces of information:
- thus, in the chapter “General registration information” may appear a column ”Other notes mandatorily stipulated by law”, if the advice for the assignment of the receivable secured with assets registered with the Archive for Security Interests in Movable Property - AEGRM and of the amending advice targeting the replacement of the creditor, when the registration application is filed by a person claiming that it is the new holder of the secured receivable or of an amount from the secured receivable. In this column shall be registered the data comprised in the declaration issued by the applicant in front of the notary public, data inserted also in the registration advice form regarding the legal grounds of remitting the secured receivable.
- also in the chapter “General registration information” may occur in amending registration advices by which was operated an amendment of the “Supplementation/amendment of the description of the asset subject to mortgage” type, the column ”Other notes mandatorily stipulated by law”.
Archive for Security Interests in Movable Property
¹ Although they have no legal status, the regulation of special nature provided by Decree-law no. 122/1990 determined their inserting in such list.
² We specify that in the registration practice with the Archive for Security Interests in Movable Property - AEGRM are encountered cases in which certain applicants of registrations requested from the operators the registration as a debtor/creditor/author of family associations regulated by Law no. 300/2004, in the column of legal entities, although such have no legal status (they can be included of course neither in the column of individuals, who are identified by surname, forename, personal number, etc.).
Drawing the attention upon possible negative consequences for creditors due to such registration advices, if there is a legal conflict with other creditors, we specify that instructions were given to operators/agents if certain applicants insist upon the registration of family association in the column for legal entities, they should use the selection of legal entities of “Another type”.