Types of registration advices

Types of registration advices

In accordance with art. 1, item 1 from 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, with the Electronic Archive for Security Interests in Movable Property - AEGRM may be registered the following types of advices:

A. mortgage registration advice and the other operations assimilated thereto, hereinafter called mortgage advice;

B. trust advice;

C. advice by which is performed the publicity of other specific legal acts or deeds the registration of which is stipulated by law, hereinafter called specific advice;

D. mortgage registration advice according to Law no. 31/2006 on the securing of receivables;

E. mortgage registration advice according to Law no. 32/2006 on mortgage bonds.

 

A. The mortgage advice is the advice for the registration of the mortgage and of the other legal operations stipulated by Law no. 287/2009 on the Civil Code, republished, and it may be:

1. advice to set up a mortgage and register the other legal operations subject to the provisions of the Civil Code in regard to the priority order, publicity and execution, hereinafter called initial mortgage advice;

2. advice to amend the initial mortgage advice concerning the description of the mortgaged asset, the name/firm of the debtor or creditor respectively, the rectification of any occurring material errors and other amendments regulated by the law;

3. advice to assign the mortgage receivable;

4. advice to reduce the mortgage to a part of the assets subject thereto by the initial mortgage advice;

5. advice to extend the mortgage upon other assets;

6. advice to renew the initial mortgage advice;

7. advice to cancel the initial mortgage advice due to the execution of the secured obligation or the waiver of the entire mortgage by the creditor;

8. annulment advice due to the reasons of annulling or assessing the annulment of the mortgage contract;

9. advice to register the intent of setting up a mortgage;

10. advice to transform the advice for the registration of the intent of setting up a mortgage into an initial mortgage advice;

11. advice to maintain the mortgage;

12. advice to update the data;

13. advice to execute the mortgaged asset;

14. advice of takeover into the receivable account;

15. advice to assign the mortgage;

16. advice to change the mortgage rank;

17. advice to reactivate the initial mortgage advice.

 

B. The trust advice is the advice of noting with the Archive the trust and it may be:

1. initial trust advice;

2. advice of beneficiary’s acceptance of the trust;

3. advice to amend the initial trust advice;

4. advice to cancel the initial trust advice;

5. advice to annul the initial trust advice;

6. advice to reactivate the initial trust advice.

 

C. The specific advice is the advice by which is performed the publicity of other legal acts or deeds the registration of which is stipulated by law and it may be:

1. initial specific advice;

2. advice to amend the initial specific advice;

3. advice to renew the initial specific advice;

4. advice to cancel the initial specific advice;

5. advice to annul the initial specific advice;

6. advice to reactivate the initial specific advice.

D. The mortgage advice - secured receivables represents the advice to register the mortgage according to Law no. 31/2006 and it may be:

1. initial mortgage advice  - secured receivables;

2. advice to amend the initial mortgage advice  - secured receivables;

3. advice to reduce the mortgage - secured receivables;

4. advice to extend the mortgage - secured receivables;

5. advice to renew the initial mortgage advice  - secured receivables;

6. advice to cancel the initial mortgage advice  - secured receivables;

7. advice to annul the initial mortgage advice  - secured receivables;

8. advice to reactivate the initial mortgage advice  - secured receivables.

 

E. The mortgage advice – mortgage bonds represents the advice to register the mortgage according to Law no. 32/2006 and it may be:

1. initial mortgage advice  - mortgage bonds;

2. advice to amend the initial mortgage advice  - mortgage bonds;

3. advice to reduce the mortgage - mortgage bonds;

4. advice to extend the mortgage - mortgage bonds;

5. advice to renew the initial mortgage advice  - mortgage bonds;

6. advice to cancel the initial mortgage advice  - mortgage bonds;

7. advice to annul the initial mortgage advice  - mortgage bonds;

8. advice to reactivate the initial mortgage advice  - mortgage bonds.

AEGREM.ro Team

Archive for Security Interests in Movable Property