Amending Resolution no 1246 of the Government of the Republic of Lithuania of 18 October 2001 on the Approval of the Regulations of the Mortgage Register of the Republic of Lithuania


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Official translation
9 May 2013
 
                                                                            
 
Government of the Republic of Lithuania
 
 
 
resolution No 571
of 23 May 2012
 
AMENDING RESOLUTION No 1246 OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA OF 18 OCTOBER 2001 on the approval of the regulations of the MORTGAGE Register of the Republic of Lithuania
Vilnius
 
The Government of the Republic of Lithuania h a s   r e s o l v e d:
1. To amend the Regulations of the Mortgage Register of the Republic of Lithuania, approved by Resolution 1246 of the Government of the Republic of Lithuania of 18 October 2001 on the Approval of the Regulations of the Mortgage Register of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 90-3173, 2001; No 108-4416, 2007; No 69-2787, 2009; No 113-5768, 2010), laying them down in a recast version (as appended).
2. This Resolution shall enter into force on 1 July 2012.
 
Prime Minister                                                                                   Andrius Kubilius
 
Minister of Justice                                                                             Remigijus Šimašius
 
 
 
APPROVED by
Resolution No 1246 of the Government of the Republic of Lithuania of 18 October 2001 (as amended by Resolution No 571 of the Government of the Republic of Lithuania of 23 May 2012)
 
REGULATIONS OF THE MORTGAGE REGISTER OF THE REPUBLIC OF LITHUANIA
 
I. GENERAL PROVISIONS
 
1. The Regulations of the Mortgage Register of the Republic of Lithuania (hereinafter referred to as the Regulations) govern the purpose of the Mortgage Register of the Republic of Lithuania (hereinafter referred to as the register), its items, manager and administrator of the register, their functions, duties and rights, as well as management of register data, register information and documents and/or their copies submitted to the register, its interaction with other registers, protection of register data and information, delivery and transmission of data to foreign states, financing of the register, and its reorganization and liquidation.
2. The purpose of the register is to record register items under paragraph 3 of the Regulations, to collect, compile, process, systematize, store and deliver register data and documents, and perform other register data handling actions.
3. Register items include contractual and legal mortgage (pledge) and mortgage (pledge) transactions. The term “mortgage” used in the Regulations includes both types of mortgage (contractual as well as legal); the term “pledge” includes both types of pledge (contractual as well as legal). The Regulations indicate a specific type of mortgage or pledge.
4. Personal data shall be handled for the purpose of collecting, compiling, processing, systemising, storing and delivering complete and accurate data on register items.
5. Register data shall be compiled in a single database of the register.
5. Register data providers shall include:
6.1. notaries who validate mortgage (pledge) transactions, their modifications and closures, formalise renewed mortgage, make or remove an executive entry, establish legal mortgages (pledges), their modifications and closures, as well as who get a request from the creditor to transfer data of the legal mortgage (pledge) or other request regarding data provision to the register;
6.2. courts who make decisions about mortgage (pledge) transactions, their changes and closures, who establish legal mortgages (pledges), their changes and closures;
6.3. officers or institutions empowered by law, who establish legal mortgages (pledges), their modifications and closures;
6.4. creditors, debtors, pledgers or persons who have been transferred the pledged item– in cases provided for in paragraph 44 of the Regulations.
7. Key terms used in the Regulations shall have the meanings ascribed to them in the Civil Code of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 74-2262, 2000), the Law of the Republic of Lithuania on Management of State Information Resources (Valstybės žinios (Official Gazette) No 163-7739, 2011), and other legal acts of the Republic of Lithuania.
8. The register shall be managed in accordance with the Civil Code of the Republic of Lithuania, the Law of the Republic of Lithuania on the Establishment of the Register of Mortgages (Valstybės žinios (Official Gazette) No 100-2266, 1996; No 6-187, 2012), the Law of the Republic of Lithuania on Management of State Information Resources,  the Law of the Republic of Lithuania on Legal Protection of Personal Data (Valstybės žinios (Official Gazette) No 63-1479, 1996; No 22-804, 2008), these Regulations, and other legal acts governing operations of state registers.
9. The term “legal persons” used in the Regulations includes legal persons of the Republic of Lithuania, the European Union Member States and/or the European Economic Area Member States, third party legal persons and unincorporated entities, their branches and representative offices.
 
ii. FUNCTIONS, Rights and duties of the register manager and administrator
 
10. The Ministry of Justice shall act as the register manager (hereinafter referred to as the register manager).
11. The Central Mortgage Office shall act as the register administrator (hereinafter referred to as the register administrator).
12. The register manager shall provide methodological guidance to the register administrator and coordinate register operation.
13. The register manager shall:
13.1. coordinate work of the register administrator and provider of technical and software services, and oversee their activities according to the established procedure;
13.2. oversee compliance with the security requirements of register data and register information;
13.3. plan the annual register budget, monitor its performance;
13.4. consider and act on register administrator’s proposals regarding improvement of register performance;
13.5. provide information on register activities;
13.6. ensure that the register is maintained in pursuance with the Law of the Republic of Lithuania on Management of State Information Resources, the Regulations and other legal acts;
13.7. perform other actions provided for in legal acts of the Republic of Lithuania.
14. The register manager shall have:
14.1. the right to draft and adopt legal acts related to the management of register data, register information, documents and/or their copies submitted to the register, security of register data and register information, mode and scope of data provision;
14.2. the right to agree the procedure for the payment for the registration service by the data provider to the register administrator;
14.3. the right to address register enlargement issues;
14.4. other rights set in the register regulations and other legal acts.
15. The register administrator shall register a register item (items), manage the register data, register information, documents and/or their copies submitted to the register and be responsible for the protection of the register data and register information.
16. The register administrator shall:
16.1. establish register running principles and procedures;
16.2. ensure continuous operation of the register;
16.3. ensure that the register is maintained pursuant to the Regulations and other legal acts of the Republic of Lithuania;
16.4. ensure hardware, software and database technical support;
16.5. ensure that the register data and registry information correspond to the data specified in the documents submitted to the register administrator;
16.6. conclude agreements for data transmission from and to the register;
16.7. keep an archive of documents and/or their copies submitted to the register;
16.8. keep register data base and database archive;
16.9. establish a deadline for data providers to eliminate the shortcomings, if register data, information, documents and/or their copies have been found inaccurate or non-compliant to the requirements provided for in relevant legal acts;
16.10. provide methodological or other consultations to register data providers and recipients on the issues of data provision and receipt;
16.11. establish relations with related registers, transfer data to related registers;
16.12. ensure that data from related registers used for registering would be updated on timely basis;
16.13. ensure that incorrect, inaccurate, incomplete register data and register information would be immediately corrected, updated or supplemented following the procedure prescribed by the Regulations;
16.14. ensure that recipients, who were delivered incorrect, inaccurate, incomplete register data, register information, documents and/or their copies submitted to the register, would be notified about the rectification of relevant inaccuracies;
16.15. perform other actions provided for in the Regulations and other legal acts of the Republic of Lithuania.
17. The register administrator shall have:
17.1. the right to demand from data providers that notifications on the approval of the contractual mortgage (pledge) transactions or their modifications, as well as notifications on the establishment of the legal mortgage (pledge), and establishment of its modification, and notifications on the closure of the mortgage (pledge) be properly documented, timely submitted, and match the data of the related registers;
17.2. the right to provide information on register activities and statistics;
17.3. the right to draw up and carry out plans for creating and developing register technical and software tools, investment projects;
17.4. other rights set in the Regulations and other legal acts of the Republic of Lithuania.
18. The register manager shall be the personal data manager and the register administrator shall be the personal data administrator.
 
III. register data and information
 
19. The following data on contractual mortgages shall be compiled and processed in the register:
19.1. the date and time of a notification of a validated mortgage transaction, its modification or closure in the journal of received documents, as well as the registration number of the notification listed in the journal;
19.2. the date and time of the recording of the contractual mortgage in the register or its removal, as well as the date and time of the entry of the data and its modification in the register;
19.3. the reference code of the contractual mortgage;
19.4. type(s) of the contractual mortgage, if provided for in the transaction;
19.5. the place, date and time of the conclusion of the transaction, notary registration number, the name of the notary office having validated the transaction, the first name(s) and surname of the notary;
19.6. the debtor (identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office);
19.7. the pledger (identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office);
19.8. the creditor, if specified in the transaction (identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office);
19.9. creditors’ representative and grounds for the representation, if provided for in the mortgage transaction through creditors’ agreement or unilateral statement of the owner of the pledged property. The following data of the creditors’ representative shall be specified: the identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office;
19.10. the mortgaged item (type of a pledged property, location (address), if known at the time of conclusion of the mortgage transaction, reference code, if assigned to in the time of the conclusion of the mortgage agreement, the value, if specified in the mortgage transaction, other data identifying the pledged item; in the event of company mortgage, the total company assets may be specified as a pledge, as well as items of restricted disposal);
19.11. the total value of pledged items, if it is specified in the mortgage transaction, or the total value of the mortgage item, in case of registration of company mortgage;
19.12. obligation(s) secured by the contractual mortgage;
19.13. the exact and/or maximum amount of the obligation(s) secured by the contractual mortgage;
19.14. debt amount fixing date, provided that it has been agreed upon at the time of concluding a maximum mortgage transaction;
19.15. obligation(s) performance timeline;
19.16. interest, if agreed by the parties;
19.17. terms and conditions and requirements;
19.18. priority list of pledged property to be sold in a foreclosure sale (in case of a common mortgage);
19.19. number of mortgage transaction originals;
19.20. entities entitled to the originals of the concluded transaction;
19.21. confirmation of the status of the mortgage transaction as a security, if it has been mutually agreed or unilaterally stated by the owner of the pledged property;
19.22. condition attached to the mortgage to be effective (in case of a conditional mortgage);
19.23. confirmation of the fulfilment of the condition of the conditional mortgage, and therefore of the effective mortgage;
19.24. a digital copy of a contractual mortgage transaction;
19.25. a digital copy of company asset inventory, in the case of a company mortgage to be registered;
19.26. data provider (position, first name, surname, name and address of the agency (institution).
20. The following data on contractual pledges shall be compiled and processed in the register:
20.1. the date and time of a notification of a validated pledge transaction, its modification or closure  in the journal of received documents, as well as the registration number of the notification listed in the journal;
20.2. the date and time of the recording of the pledge in the register or its removal, as well as the date and time of the entry of the data in the register;
20.3. the reference code of the contractual pledge;
20.4. type(s) of a contractual pledge, if provided for in the transaction;
20.5. the place, date and time of the conclusion of the pledge transaction, notary registration number, the name of the notary office having validated the transaction, the first name(s) and surname of the notary;
20.6. the debtor (identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office);
20.7. the pledger (identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office);
20.8. the creditor, if specified in the transaction (identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office);
20.9. creditors’ representative and grounds for the representation, if provided for in the pledge transaction through creditors’ agreement or unilateral statement of the owner of the pledged property. The following data of the creditors’ representative shall be specified: the identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office;
20.10. a person to whom the pledged property was transferred (identification number of the creditors’ representative, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office);
20.11. the pledged item (type of a pledge or property right, description identifying the item, the value, if provided for in the pledge transaction; in the case of complex property pledge – the totality of tangible and intangible assets, including property rights, described by typical generic features);
20.12. the total value of pledged items, if it is specified in the pledge transaction; 20.13. obligation(s) secured by the contractual pledge, its (their) exact and/or maximum amount;
20.14. debt amount fixing date, provided that it has been agreed upon at the time of concluding a maximum pledge transaction;
20.15. interest, if agreed by the parties;
20.16. obligation(s) performance timeline;
20.17. terms and conditions and requirements;
20.18. arrangements for the enforcement of the pledge;
20.19. data provider (position, first name, surname, name and address of the agency (institution).
20.20. confirmation of the status of the pledge transaction as a security, if it is has been mutually agreed or unilaterally stated by the pledger;
20.21. condition attached to the pledge to be effective (in case of a conditional mortgage);
20.22. confirmation of the fulfilment of the condition attached to the conditional pledge, and therefore of the effective pledge;
20.23. a digital copy of a contractual pledge transaction.
21. In the mortgage (pledge) transaction, done unilaterally by the pledger, a creditor may not be specified.
22. The following data on legal mortgages shall be compiled and processed in the register:
22.1. the date and time of a notification of a legal mortgage, its modification or closure  in the journal of received documents, as well as the registration number of the notification listed in the journal;
22.2. the date and time of the recording of the legal mortgage in the register or its removal, as well as the date and time of the entry of the data in the register;
22.3. the reference code of the legal mortgage;
22.4. the debtor (identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office);
22.5. the creditor, if specified in the transaction (identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office);
22.6. the item of the mortgage (type of a pledge; location (address), reference code,  the value, if specified, other data identifying the pledged item;
22.7. the total value of pledged items;
22.8. claim secured through legal mortgage;
22.9. value of the claim;
22.10. legal mortgage timeline;
22.11. interest, default interest;
22.12. grounds for establishing legal mortgage, number assigned to the document establishing legal mortgage;
22.13. the moment from which the creditor may claim the performance of the obligation, where the obligation is performable against the claim;
22.14. a digital copy of the court judgement or any other document serving as the basis for the legal mortgage;
22.15. data provider (official position, first name(s), surname, name of the establishment (institution); where a request for the registration of a legal mortgage or modification of its data is filed by the creditor, the identification number, first name(s), surname residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office).
23. The following data on the legal pledge shall be compiled and processed in the register:
23.1. the date and time of a notification of a legal pledge, its modification or closure  in the journal of received documents, as well as the registration number of the notification listed in the journal;
23.2. the date and time of the recording of the legal pledge in the register or its removal, as well as the date and time of the entry of the data in the register;
23.3. the reference code of the legal pledge;
23.4. the debtor (identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office);
23.5. the creditor (identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office);
23.6. a person to whom the item of the pledge was transferred (identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office);
23.7. the item of the pledge (type of a pledge or property right, description identifying the item, the value);
23.8. the total value of pledged items, if specified when establishing the legal pledge;
23.9. claim secured through legal pledge;
23.10. interest, default interest;
23.11. value of the claim;
23.12. legal pledge timeline;
23.13. grounds for establishing legal pledge, number assigned to the document establishing legal pledge;
23.14. where the obligation is performable against creditor’s claim – the moment from which the creditor may claim the performance of the obligation;
23.15. a digital copy of the court legal or any other document serving as the basis for the legal pledge;
23.16. data provider (official position, first name(s), surname, name of the establishment (institution); where a request for the registration of legal pledge or modification of its data is filed by the creditor, the identification number, first name(s), surname residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office).
24. The register shall store and process the following data on the debt recovery and pledged property procedure:
24.1. date and time of the executive notary record;
24.2. name of the notary office, who made or removed an executive notary record, notary's first name (s), surname;
24.3. notarial registry number;
24.4. date of dispatch of notary’s notification to the debtor;
24.5. the outstanding amount of the debt;
24.6. date and time of entering (removing) registry mark;
24.7. property administration;
24.8. assigned administrator (identification number, first name(s), surname, residential address; where the data of a natural person is absent from the Population Register of the Republic of Lithuania – the date of birth, first name(s), surname, residential address, the type, number, date and place of issuance of the identification document; the legal form and the name of the legal entity, registered office, business registration number; if a legal person is not registered in the Register of Legal Entities – code of a legal entity or registration number, the country of the registration of the legal entity concerned, the legal form of the legal entity, its name and registered office).
25. The following classifiers shall be used for data procession and entry (removal) of registry items:
25.1. types of outgoing messages;
25.2. types of incoming messages;
25.3. types of mortgaged property;
25.4. types of immovable property;
25.5. types of individual documents;
25.6. entities unregistered in the Register of Legal Entities;
25.7. currency;
25.8. states;
25.9. municipalities;
25.10. reasons for removal of the mortgage (pledge) from the register;
25.11. reasons for mortgage (pledge) modification.
 
IV. RECORDING register items
26. Data and documents shall be electronically supplied to the register by notaries, courts, legally authorised officials or institutions, creditors, debtors, pledgers or persons who have been transferred the pledged item, within the procedure established in the laws of the Republic of Lithuania, the Regulations, and by the register manager.
27. Having validated a contractual mortgage (pledge) transaction, the notary shall notify the register administrator hereof no later than the next business day and send digital copy of the text of the transaction, confirmed with electronic signature, as well as an application for the registration of the mortgage (pledge), unless the parties expressly choose to leave the mortgage unregistered. In case of unregistered mortgage (pledge), the data about the registration of the mortgage (pledge) shall be later transferred by a notary on request by one of the parties to the transaction. The data on company's mortgage transaction shall be supported by a digital copy of the company’s inventory act.
28. The register shall contain only those contractual mortgage (pledge) transactions that have been validated by notaries acting in the territory of the Republic of Lithuania.
29. Having validated a contractual mortgage (pledge) transaction, the notary, the court, legally authorised officials or institutions shall electronically notify the register administrator no later than the next business day from the date of the final judgement (where the legal mortgage (pledge) is imposed by court’s judgement), a decision taken by a legally authorised official or institution regarding the legal mortgage (pledge) or establishment of legal mortgage (pledge) (where the data are provided by a notary) about the established legal mortgage (pledge) and send a digital copy of the decision in support of the legal mortgage (pledge).
30. Creditors shall submit, through a notary, a request for the registration of legal mortgage (pledge) or modification of its data, or a request for entering a mark about a nonprime mortgage. A notary, having received creditor’s request for registration of legal mortgage (pledge) or modification of its data, or a request for entering a mark about a nonprime mortgage, shall, under paragraph 29 of the Regulations, notify the register administrator of the legal mortgage (pledge) or its modification and send a digital copy of the decision in support of the legal mortgage (pledge) or its modification.
31. All documents submitted to the register administrator shall be in the Lithuanian language.
32. Following the notification of a validated mortgage (pledge) transaction or an established legal mortgage (pledge), the data contained in the data provider’s notification shall be entered in the register. When registering, the data contained in the notification is not subject to verification against the supporting documents (transaction, document serving grounds for the establishment of the legal mortgage (pledge), nor is the legitimacy of the supporting documents.
33. Register data providers are responsible for the accuracy and correctness of the data provided under the legislation of the Republic of Lithuania; and upon the receipt of the information about the fact that their information is incorrect or incomplete, they shall immediately act upon it so that the rectified data could be resent to the register administrator.
34. Following the notification of a validated mortgage (pledge) transaction or an established legal mortgage (pledge), the mortgage (pledge) shall be entered in the register no later than the next day from the date of the receipt of the notification.
35. Where the data provider’s notification contains inaccurate, incomplete or incorrect data, and/or where the documents under paragraphs 27 and 29 of the Regulations fail to be delivered, or the notification is not in compliance with register administrator’s requirements, the register administrator shall, no later than within 3 working days from the date of the receipt of the notification, to inform the data provider hereof and demand the rectification of the established failure within the period of 10 working days. The period starts from the date of the electronic notification of the register administrator about the established failures.
36. The register administrator shall refuse to register/deregister a mortgage (pledge) and record the data of the modification of the mortgage (pledge) in either of the following cases:
36.1. when there is no information confirming the payment of the required fee (office fee) for the registration/deregistration of the mortgage (pledge), and for recording the modified data of the mortgage (pledge);
36.2. when the notification and documents of a mortgage have been filed about registration of the registered mortgage (pledge) or deregistration of the deregistered mortgage (pledge);
36.3. when the data provider fails to rectify the failures within the period specified in paragraph 35 of the Regulations.
37. In case of refusal to register the mortgage (pledge), the register administrator shall electronically notify the data provider and interested persons that were specified by the data provider, of the reasons for non-registration no later than the next working day.
38. The mortgage (pledge) shall be registered against the fixed fee (office fee) for the mortgage (pledge) registration. The procedure for the payment for the registration of the mortgage (pledge) by notaries shall be established by the Lithuanian Chamber of Notaries and the register administrator, in coordination with the register manager.
39. The mortgage (pledge) shall be considered registered when the relevant data is entered into the register database and the register item is assigned its reference code.
40. The reference code shall consist of 14-digit sequence created by information technologies.
41. Following the registration of the mortgage (pledge), a notice of the mortgage (pledge) registration shall be sent electronically to the data provider and interested persons that were specified by the data provider no later than the next working day.
42. The data of the modified mortgage (pledge) shall be registered and the mortgage (pledge) shall be deregistered under the same procedure as that applied for the registration of the mortgage (pledge).
43. The data provider shall send a notice to the register administrator of the modification of the mortgage (pledge) and a digital copy of the agreement that modifies the transaction (in case of validation of the modification of the contractual mortgage (pledge), or the final judgement, as well as creditor’s or pledger’s request to enter a mark on the nonprime mortgage or other document serving as the basis for the modification of the legal mortgage (pledge).
44. Following the notification by the creditor, the debtor, the pledger or the person to whom the pledged property has been transferred, of the changed owner of the pledged property or changes in the first name(s), the surname, the legal name, the residence address (registered office) of the debtor, the creditor, the pledger or the person to whom the pledged property has been transferred, the register administrator, having found about the registration of the mortgage (pledge), and having obtained data from the related registers confirming these changes, shall enter the relevant modifications of the data of the mortgage (pledge) in the register. The register administrator, having received creditor’s request to register details of a written assignment of claim agreement, as well as information about administrative receiver and documents confirming this fact, shall enter the modified contractual mortgage (pledge data) into the register on the basis of the documents submitted by the creditor. In case the above mentioned data cannot be submitted to the register electronically, they may be delivered through a notary.
45. Having validated (established) the closure of the mortgage (pledge), the data provider (the notary, the court, legally authorised officials or institutions) shall notify the register administrator thereof. In the case of the closure of a mortgage (pledge) by court judgement, the data provider shall also submit a digital copy of the final judgement, which serves the basis for the closure of the mortgage (pledge).
46. The modified mortgage (pledge) data shall be entered, or the mortgage (pledge) shall be deregistered against the fixed fee (office fee) under the provisions of paragraph 38 of the Regulations.
47. When a final judgement is received on the repeal of the closure of the mortgage (pledge) and the restoration of the deregistered mortgage (pledge), the mortgage (pledge) is deregistered by mistake, the data provider, having received data provider’s notification, restores the data from the archive database and notifies on its turn the property register and other relevant registers.
48. Data on modifications of pledge agreements concluded before 1 April 1998 shall be entered in the register and these agreements shall be de-registered in accordance with the procedure prescribed by the register manager.
49. A mark of notary’s executive entry shall be entered into the register.
50. Having made an executive entry, the notary shall immediately, but no later than the next business day, submit electronically the data to the register, linking the executive entry with the mortgage (pledge) recorded in the register through the reference code of the mortgage (pledge).
51. Having removed the executive entry, the notary shall immediately, but no later than the next business day, submit electronically the data to the register.
52. The data and documents of the de-registered mortgages (pledges) shall be stored in the database archive. The data and documents about the de-registered mortgages (pledges) shall be stored in the database archive for 10 years from the date of the de-registration of the mortgage (pledge). At the end of this period, the relevant register data and documents shall be destroyed.
53. An individual, whose data are in the register, having accessed his personal data in the register, shall be entitled to require the rectification of incorrect and inaccurate data, as well as supplementation of incomplete data, or removal of redundant or unauthorized data. The register administrator shall, within 5 working days from the receipt of the request and documents supporting the facts, shall correct the irregularities and report back to the individual concerned.
54. Where the register data are found to be incorrect, inaccurate or incomplete, the register administrator shall immediately, but no later than 3 working days from the date of the establishment of the fact, rectify the inaccuracies and notify free of charge all register data recipients that have been transmitted incorrect, incomplete, or inaccurate data.
55. Individuals involved in the processing of personal data, shall keep the data confidential for the period specified in the laws and other legislation of the Republic of Lithuania.
56. Legal, administrative, organizational, technical and other measures shall be taken to prevent the registration of incorrect, inaccurate or incomplete data, and ensure that register data conform to the data specified in the documents submitted for registration as well as the data in relevant registers.
 
v. interaction with other registers
 
57. To insure the operation of the register, data of the following registers shall be used:
57.1. Population Register of the Republic of Lithuania – for the registration of the data specified in paragraphs 19.6-19.9, 20.6-20.10, 22.4, 22.5, 22.15, 23.4-23.6, 23.16 and 24.8 of the Regulations;
57.2. Register of Legal Entities – for the registration of the data specified in paragraphs 19.6-19.10, 20.6-20.10, 22.4, 22.5, 22.15, 23.4-23.6, 23.16 and 24.8. of the Regulations;
57.3. Real Estate Register – for the registration of the data specified in paragraphs 19.10 and 22.6 of the Regulations;
57.4. Register of Seagoing Ships of the Republic of Lithuania – for the registration of the data specified in paragraphs 19.10 and 22.6 of the Regulations;
57.5. Register of Inland Waterway Vessels of the Republic of Lithuania – for the registration of the data specified in paragraphs 19.10, 20.11, 22.6 and 23.7 of the Regulations;
57.6. Register of Rolling Stock and Containers of the Republic of Lithuania – for the registration of the data specified in paragraphs 19.10, 20.11, 22.6 and 23.7 of the Regulations;
57.7. Register of Trademarks of the Republic of Lithuania – for the registration of the data specified in paragraphs 19.10, 20.11, 22.6 and 23.7 of the Regulations;
57.8. Register of Patents of the Republic of Lithuania – for the registration of the data specified in paragraphs 19.10, 20.11, 22.6 and 23.7 of the Regulations;
57.9. Register of Designs of the Republic of Lithuania – for the registration of the data specified in paragraphs 19.10, 20.11, 22.6 and 23.7 of the Regulations;
57.10. Register of Tractors, Self-Propelled and Agricultural Vehicles and Trailers of the Republic of Lithuania – for the registration of the data specified in paragraphs 19.10, 20.11, 22.6 and 23.7 of the Regulations;
57.11. Register of Civil Aircraft of the Republic of Lithuania – for the registration of the data specified in paragraphs 19.10, 22.6 of the Regulations;
57.12. Register of Road Vehicles of the Republic of Lithuania – for the registration of the data specified in paragraphs 19.10, 20.11, 22.6 and 23.7 of the Regulations;
57.13. State Register of Weapons – for the registration of the data specified in paragraphs 19.10, 20.11, 22.6 and 23.7 of the Regulations;
57.14. Register of Addresses of the Republic of Lithuania – for the registration of the data specified in paragraphs 19.6-19.9, 20.6-20.10, 22.4, 22.5, 22.15, 23.4-23.6 and 23.16 of the Regulations.
57.15. Register of Foreigners – for the registration of the data specified in paragraphs 19.6-19.9, 20.6-20.10, 22.4, 22.5, 22.15, 23.4-23.6, 23.16 and 24.8 of the Regulations
58. The register administrator shall provide data on registration of mortgage (pledge), recording of modified data, deregistration of the mortgage (pledge), or an executive entry to registers specified in paragraphs 57.2-57.13 of the Regulations, no later than within 8 working hours.
59. The administrator of the Real Estate Register shall provide the register administrator with data about changes in the pledged real property (following its division, separation, merger, amalgamation, or construction of facilities as separate items of real property inside the mortgaged real property), registered in the Real Estate Register, as well as data on the deregistration from the Real Estate Register of the pledged property and the rights to this property as well as the legal fact about its mortgage in case of perishing of immovable property,  in accordance with the procedure and within periods laid down in the Law of the Republic of Lithuania on the Real Estate Register (Valstybės žinios (Official Gazette) No 100-2261, 1996; No 55-1948, 2001) and the Regulations of the Real Estate Register approved by Resolution No 1129 of the Government of the Republic of Lithuania of 12 July 2002 (Valstybės žinios (Official Gazette) No 72-3077, 2002).
60. The state registers and institutions specified in paragraphs 57.4 to 57.13, who are in charge of the registration of relevant property items, shall provide the administrator of the Mortgage Register with information on modifications in pledged property, immediately and no later than within 8 hours from the time of the modification of the data of the pledged property.
61. Interaction with each individual register shall be governed by a separate contract on data provision (exchange).
62. If data received from an associated register are found to differ from the data provided by the data provider, or if other types of inaccuracies are found in the data received from an related register, the administrator of such related register shall be immediately notified of the inaccuracies found in the data provided by it, and the incorrect, inaccurate or incomplete data shall be transmitted to the administrator immediately, together with a description of circumstances.
63. Having received a notification from the relevant register about the inaccuracies found in the provided data and the description of circumstances, the register administrator shall verify the data within 3 working days from the date of the receipt of the notification, and, if the information proves true, it shall rectify the inaccuracies. When the register administrator has to refer to the register data provider to rectify the inaccuracies, the register data shall be rectified within 30 days. Having rectified the inaccuracies, the register administrator shall immediately inform the administrator of the related register as well as recipients of the registry data, who have been supplied such incorrect, inaccurate or incomplete data thereabout.
 
VI. provision and use of register data and information as well as copies of documents submitted to the register
 
64. Register data, register information, documents and/or their copies submitted to the register are public domain and, in consideration of the aims of the registry, and in accordance with the procedure prescribed by the legislation of the Republic of Lithuania, the European Union and/or the Regulations, through the interaction of public information systems or registers, are transmitted to related registers and public information systems, and provided to recipients, unless the laws of the Republic of Lithuania and the European Union legislation provide otherwise. Data on natural persons shall be transmitted to related registers and public information systems as well as to recipients following the provisions of the Republic of Lithuania Law on Legal Protection of Personal Data.
65. The provision of register data shall include:
65.1. notifications of registration and/or deregistration of mortgage and/or pledge transactions, and modification of data of the mortgage(pledge);
65.2 register extracts;
65.3. a complete set of data on request;
65.4. copies of documents provided to the register administrator;
66. Register notifications, extracts and complete sets of data delivered on request may be transmitted in writing, electronically, or by other means of communication, which allow appropriate identification of the person. The procedure and scope of the provision of register data shall be laid down by the register manager.
67. Extracts from the register shall be provided against:
67.1. reference code of the mortgage (pledge);
67.2. personal code of the natural (legal) person of the pledger and/or the debtor;
67.3. reference code of the mortgaged (pledged) item – pledged property, as assigned in a concerned register.
68. An individual wishing to receive data from the register may apply personally or through an authorised person by post, or electronic means, appropriate for personal identification and protection of the text. The application shall contain the following information: first name(s) and surname of the applicant (identification number, legal form and name of a legal person), address, legal grounds for data provision and receipt, intended use of the data, scope, mode of transmission, and any one of the data specified in paragraph 67 of these Regulations. The application shall be supported with personal identification document (in the case of personal application).
69. Register administrator shall transmit data by post, electronically, or by other means of communication, appropriate for personal identification and protection of the text, or by personal delivery) no later than within 3 working days from the receipt of the application. The data shall be immediately available for checking on register administrator’s computer.
70. Electronic transmission of data of the register shall be effected under agreements between the register manager and the data recipient, which shall specify the intended use of the data, legal basis for data delivery and receipt, terms and procedure and the scope of the transmittable data. To get a breakdown of searches done at the register, the recipient, to whom the data is provided electronically under the data provision agreement, shall submit a written request and pay the fixed fee.
71. Register data, register information, documents and/or their copies submitted to the register, except personal data, subject to the provisions of the Law of the Republic of Lithuania on Legal Protection of Personal Data, shall be transferred to persons, who are in a repeated use of the register data and information, under the data provision agreement between the register manager and the data recipient.
72. Any natural person wishing to access his personal data in the register, shall produce his/her personal identification document and a written application with the following information: first name(s), surname of the person applying for the data, residential address, one of the types of data specified in paragraph 67 of these Regulations, and mode of transmission. The application may be submitted electronically or by any other means of communication, appropriate in terms of personal identification and protection of the text. A natural person may receive such data from the register administrator free of charge once a calendar year.
73. Any natural person wishing to get a list of persons who sought access to his/her personal data in the register as well as the information on the sources and type of the personal data collected, and the reason for handling of this data, shall produce his/her personal identification document or confirm his/her identity within the procedure prescribed by law, or by electronic means of communication, appropriate for identification of a person. The above mentioned list shall be provided for the period of one previous year. It may be provided free of charge once a year.
74. Register data delivery is subject to a certain fee. The payment procedure and the level of the fee for using register data shall be set by the Government of the Republic of Lithuania. The register administrator shall deliver data free of charge in the cases laid down in the Law of the Republic of Lithuania on Management of State Information Resources, other national or European Union legislation.
75.  Register web site contains information about the subject matter and purpose of the register, register administrator, register management, procedure for the access of personal data in the register by individuals, procedure for rectification of incorrect, inaccurate, incomplete data, register data providers and the recipients.
 
vii. transmission of register data to foreign states
 
76. Register data, register information, documents and/or their copies submitted to the register shall be transferred to natural or legal persons of the member states of the European Union and/or the European Economic Area, as well as unincorporated entities and branches of these entities and representative offices, in the same procedure as that applied with respect to natural or legal persons of the Republic of Lithuania.
77. Register data, register information, documents and/or their copies submitted to the register shall be transferred to natural or legal persons of third countries as well as entities that have no status of a legal person and branches of these entities and representative offices shall in the same procedure as that applied with respect to natural or legal persons of the Republic of Lithuania, unless it is prevented by laws of the Republic of Lithuania, international agreements and other legal acts.
 
viii. protection of register DATA and information
 
78. Responsibility for protecting data and information of the register shall rest with the register manager and administrator.
79. Register data protection shall be regulated by the Regulations of the Protection of register data, as approved by the register manager as well as other relevant protection documents, which are drawn, agreed and approved in accordance with the Law of the Republic of Lithuania on Legal Protection of Personal Data, the General Requirements for Electronic Protection of Information in Information Systems of Public Authorities approved by Resolution No 952 of the Government of the Republic of Lithuania of 4 September 1997 (Valstybės žinios (Official Gazette) No 83-2075, 1997; No 49-1891, 2007) and other legal acts on data and information protection.
80. Following the procedure prescribed in the Protection Requirements and other protection regulations, the register manager shall ensure necessary administrative, technical and organisational measures for data protection are put in place and adhered to.
81. The staff involved in the procession of the data, information and documents and/or their copies, shall be obligated to keep the data and information confidential. The obligation to keep the data confidential shall continue following the termination of the activities related to the procession of data, information and/or their copies.
82. Protection of personal data shall be ensured in pursuance with the Law of the Republic of Lithuania on Legal Protection of Personal Data.
 
ix. FINANCING OF THE register
 
83. Financing sources of the register shall include the state budget of the Republic of Lithuania, fees collected for listing to or removing from the register of a mortgage (pledge), for entering mortgage (pledge) modifications and for the provision of the data and information of the register as well as copies of the documents submitted to the register.
 
x. reorganisation and liquidation of the register
 
84. Reorganisation and liquidation of the register shall be governed by the Law of the Republic of Lithuania on State Registers and be carried out in the manner established by the Government of the Republic of Lithuania.
85. In the case of reorganisation or liquidation, data of the register shall be transferred to another register, destroyed or moved into state archives in accordance with the Law of the Republic of Lithuania on Documents and Archives (Valstybės žinios (Official Gazette) No 107-2389, 1995; No 57-1982, 2004).
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