26. 6. 2019

Sweeping reform of the register of non-possessory security interests and seized goods

The register of non-possessory security interests and seized goods (RZPP) is a public, centrally managed computerised database of security interests and restrictions on disposals and encumbrances of movable property, accessible through the AJPES website. It is regulated by the Decree on the register of non-possessory security interests and seized goods (Decree). The Decree governs the type of goods that can be registered in the RZPP, their unique identification, the registration process, particulars to be registered, data management, connection to and searches of the register.

Not all non-possessory security interests and seized goods are registered in the register – only non-possessory security interests on and seizures of stock, equipment, vehicles (motor vehicles, rolling stock, motorcycles, trailers and semitrailers) and livestock (cattle and Equidae) are registered into the register. Registration has a constitutive effect, which means that the non-possessory security interest is only established once registered in the register.

The pros and cons of the principle of transparency also apply to contents of the register. This means that no individual is required to be aware of the existence of security interests on individual goods if they are not registered in the register. It also means that, once registered, the presumption is that everyone is aware or should be aware of the existence of the registered security interest.

RZPP is publicly accessible in a simple, reliable way, at a reasonable cost. This ensures a greater degree of legal security, not only to non-possessory security interest creditors that have registered their security interests in the register, but also offers potential purchasers of individual goods the chance to verify whether goods are encumbered by security interests, which is essential/advisable where certain categories of goods are involved.

In spite of the fact that the register is already readily accessible, RZPP will be even easier to use from 1 January 2020 on. A complete update is on the horizon, which will allow users to access data through a web application, meanwhile, qualified beneficiaries will be able to register data in the register on their own. Furthermore, a direct link to all secondary registers will be established, which will facilitate faster entries into the primary register. The relevant authorities are already considering revising the Decree, which will govern more detailed content and rules with regards to register access.

Author: Klemen Šuligoj, Associate
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