Third-party costs in security interests in Serbia

1. Is notarisation required and are fees payable? 

Yes, for the share pledge over shares in limited liability companies (in Serbian “društva sa ograničenom odgovornošću”) (LTDs) and shares in non-listed joint stock companies (in Serbian “nekotirana akcionarsko društvo”) (listed JSCs) and the mortgage.

2. Do the following securities / deeds require to be registered in the Local Property Register and what fees are payable? 

2.1 Shares Pledge – over shares in LTDs and non-listed JSCs 

No. However, it has to be registered with the Pledge Registry held with the Serbian Business Registers Agency (Pledge Registry). Furthermore, the share pledge agreement shall be notarised by the competent public notary.

2.2 Shares Pledge – over shares in listed JSCs 

No. However, shares pledge over shares in listed JSCs has to be registered with the Central Registry of Securities held with Serbian Central Securities Depository and Clearing House (CRS)

2.3 Bank Accounts Pledge 

No. However, it has to be registered with the Pledge Registry.

2.4 Receivables Pledge / Insurance Pledge (amounts collectable from policies) 

No. However, it has to be registered with the Pledge Registry.

2.5 Movable Pledges 

No. However, it has to be registered with the Pledge Registry.

2.6 Mortgage 

Yes. The mortgage shall be registered with the Serbian Real Estate Cadaster. Furthermore, the mortgage must be in the form of a notarial deed.

2.7 Guarantee 

No.

3. Do the following securities / deeds require to be registered at the local Registrar of Companies and what fees are payable? 

3.1 Shares Pledge – over shares in LTDs and non-listed JSCs 

Yes. It shall be register with the Pledge Registry which is one of the registries held with local / Serbian Business Registers Agency. 

3.2 Shares Pledge – over shares in listed JSCs 

Yes. It shall be register with the CRS. 

3.3 Bank Accounts Pledge 

Yes. It shall be register with the Pledge Registry which is one of the registries held with local / Serbian Business Registers Agency.

3.4 Receivables Pledge / Insurance Pledge (only receivables to be collected under insurance policies) 

Yes. It shall be register with the Pledge Registry which is one of the registries held with local / Serbian Business Registers Agency.

3.5 Movable Pledges 

Yes. It shall be register with the Pledge Registry which is one of the registries held with local / Serbian Business Registers Agency.

3.6 Guarantee 

No.

Please note that while the information on this page was current and accurate as at 20/9/16, it may no longer be current or accurate and so you must speak to your local CMS Banking contact if you require confirmation of any of the costs or fee levels as at today’s date!