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Business Mortgage Law

Original Language Title: Yrityskiinnityslaki

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Business anchorage

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In accordance with the decision of the Parliament:

CHAPTER 1

Scope of business mortgage

ARTICLE 1
Corporate mortgage

The ownership of movable property belonging to a business registered in the trade register may be affixed and managed without being provided as collateral as provided for in this Act.

ARTICLE 2
Hostage book

The take-over may be fixed to the holder of the trader or to the designated person or the principal and interest payable in the debt book, as well as the payment of the recovery costs declared in the promissory note.

ARTICLE 3
Eligible assets

The business mortgage relates to the movable property belonging to the trader referred to in Article 1;

(1) buildings, structures, machinery, equipment and comparable fixed assets;

(2) trade mark law, the right of business, model law, patent law and other intellectual property rights, rental right, right of access, right of access and other special rights and other fixed assets;

(3) substances, articles, preparations, goods and other forms of exchange; and

4) treasury assets, receivations, securities, valuables and other financial assets. (17.5.1991/833)

The acquisition does not apply to the refund.

§ 4
Relationships to other forms of collateral

The acquisition does not concern property which can be fixed by other law. However, the business mortgage is covered by the car mortgage law (10/72) Which are intended to be mortgages. Where there is a fixed mortgage on such property before the fixing of the business mortgage, the acquisition shall apply to the purchase price of the property affixed in accordance with the car anchorage, in so far as it does not go to the Debt payment.

Where the owner of a building or other property which is the subject of a business mortgage is owned by the owner of the property in which the property is situated, or the building or other property which is the subject of the business mortgage, For the owner of the property, the firm attachment shall remain in force in respect of the assets of the business mortgage, despite the fact that this must be regarded as belonging to the property, and the business mortgage pays the right of access to the value of the property before the property Previously established mortgages. The acquisition shall remain in force and shall also be granted access to the right to payment if the contract for the use of the property between the owner of the property concerned and the owner of the property is modified so that the right to use and the buildings The mortgage may be fixed on the basis of the provisions on the fixing of immovable property. However, six months after the acquisition of the property by the owner of the asset or by another legal entity which resulted in the acquisition of the property as a part of the property, the business mortgage expires six months after the acquisition. A change in the right to use the property, and no later than two years after the event, unless he is required to obtain payment of the property that has been fixed and inform the registry authority thereof. (8.2.1991/240)

The property which is the subject of a business mortgage may not be pledged in any other way than in accordance with the provisions of this law and shall not be binding on the holder. However, it does not apply to securities, values or claims. (17.5.1991/833)

§ 5
Identification of assets to be attached

The acquisition shall cover all eligible assets owned and subsequently secured by the trader.

The acquisition may also be fixed, limited in such a way that it applies only to a fixed asset belonging to a specified part of the business activity or in one or more municipalities or counties. Of the European Union.

The acquisition shall not be fixed in such a way that it differs from one of the mortgages on the same trader's movable property or previously sought from the same trader.

ARTICLE 6
Prohibition of joint mortgage

The affixation of the assets of two or more traders shall not be fixed as collateral for the same undertaking.

CHAPTER 2

Legal effects of business mortgage

§ 7
The right to a business mortgage

The acquisition gives rise to a lien on the property of the trader. The right to a deposit shall be created when the deposit document, to which the undertaking's mortgage is confirmed, has been given a different commitment as provided for in the individual commitment.

§ 8
Entry into force of business mortgage and mutual privilege of business mortgages

The fixed business mortgage is valid from the date on which the application was lodged with the registry authority.

In the past, the applied mortgage will have a privilege until later. The mortgages applied on the same day shall confer equal rights, unless the application is based on otherwise specified.

§ 9
Disposal of Chinese assets

Without prejudice to the acquisition, the fixed assets may be disposed of and used as a regular exchange of goods or the necessary renewal of assets, or any other normal business activity.

The lien on the deposit generated by the acquisition will cease to exist. If the person in which the property has been surrendered has received it in good faith, the lien shall cease, even if the property has been handed over against the provisions of paragraph 1.

If the trader sells or otherwise forgives the entire or most of the assets of the subject-matter of the business mortgage, the business attachment shall remain in force and shall produce the right of payment of the transferred property before the Fixed assets and fixed assets. However, the attachment shall expire six months after the date on which the attachment holder was informed of the transfer and at the latest two years after the transfer, unless he was able to obtain payment of the property or payment of the property or To the registry authority. The donated property shall be released from the mortgage on the occasion of the arrival of the mortgage-holder's claim or when the holder of the mortgage has waived recovery or has otherwise given its consent. (8.2.1991/240)

ARTICLE 10 (8.2.1991/240)
Disposal and acceptance of the undertaking

The trader registered in the trade register may take over, in order to answer to the trader, the business mortgage on the property belonging to the business. In order to be met, it shall be the disposal of the business and all its attachable assets, as well as the transfer of ownership of the goods made and of the holders of the acquisition of the property of the transferee Give their consent and agree on the mutual interest of mortgages. The claim for inclusion shall be submitted to the registration authority within three months of the transfer by the trader taking the business mortgage. Admissibility takes place when it is entered in the business mortgage register. After taking charge, the business mortgage is directed at all eligible assets of the consignee.

Paragraph 1 shall apply mutatis mutandis where the question is the transfer of the part of the undertaking and of the property covered by it, which has been fixed as a limited company, as provided for in Article 5 (2). In addition, the admissibility of the mortgages after the inclusion of the mortgages meets the requirements laid down in Article 5 (3).

The provisions of paragraphs 1 and 2 shall apply mutatis mutandis where the economic activities of the Community participating in a cross-border merger or division and its related mortgage assets in Finland are transferred to another State The receiving Community branch of the host Community. The same applies to Article 8 of Council Regulation (EC) No 2157/2001 on the Statute for a European Company (SE) and Article 7 of Council Regulation (EC) No 1435/2003 on the Statute for a European Cooperative Society (SCE) and the European Cooperative Society The transfer of the place of origin from Finland to another country in such a way that the business of the company or of the cooperative and its related mortgage assets in Finland are transferred to the Finnish branch of the company or the cooperative. (28.12.2007)

ARTICLE 11 (8.2.1991/240)
Amendments to the trader

Modification of the Community form of a trader or of a limited company law (624/2006) Article 4 (3) or cooperative law (421/2013) The extension of the activity referred to in Article 1 (3) as a private proprietor shall not affect the validity of the business mortgage or the right of interest of the mortgage, if the change is entered in the commercial register company and the Community Data Act (244/2001) 1. On the basis of the declaration of amendment provided for in Article 11, and in the absence of a firm attachment to the property of the trader or of the cooperative which continues to operate the cooperative. The same shall apply to the transfer of business and all of the property belonging to the private trader to another trader, to an open company or to a limited company, if the property of the transferee has not been established The business mortgage and the transferee shall inform the registry authority that they are continuing the donor's activities. The notification shall be made within three months of the date of the release. (14/03/431)

In the case of a merger between the Community or the Foundation or the distribution of a limited liability company or cooperative, the duration of the acquisition and the privileges of the mortgage, or the distribution of the share company or cooperative, shall be in force as laid down in the law governing the entity or the foundation. (24/05/492)

L to 492/2015 (2) enters into force on 1 December 2015. The previous wording reads:

The validity of the acquisition and the privilege of the mortgage on a Community merger or the distribution of a limited liability company or cooperative shall be in force as laid down in the relevant Community law. (28/122001/1493)

ARTICLE 12 (8.2.1991/240)
Allocation of the trader's estate and property purchase

When a trader whose assets are fixed by a firm attachment dies, the business mortgage is placed on the property of the company which belongs to the estate.

In the case of the division of the estate or the purchase of assets in the estate, the attachment shall remain valid. However, in order to retain its rights, the holder must comply with the provisions of Article 9 (3). (2001/246)

ARTICLE 13
The holder's right to an insurance allowance

The mortgage-holder has equal access to the insurance claim for damage to the secured property as he would have had in the assets.

If the compensation is provided for the event referred to in Article 15 (1) (2), the debtor may only increase it with the consent of the holder of the mortgage.

ARTICLE 14
Corporate mortgage on foreclder and bankruptcy

The mortgage holder is entitled to payment of the claim in the forecluse and in the event of bankruptcy of the assets concerned by the business mortgage, in accordance with the law expressly provided for in the law.

The holder does not have the privilege of payment of the property which, before the application for a business mortgage, has been foreclosed or declared bankrupt.

Where the attached property is foreclosed from other liabilities, the mortgage holder may, in accordance with the rules laid down in the Act of law, be required to pay a fee for the sale price of this property or any other means accruing from it, even if his claim is not A kind of. However, the right to receive payment is not, if the remaining assets are apparently sufficient to satisfy the business mortgage holder.

§ 15
The creditor's right to immediate payment

The creditors may be charged for the property which is attached, even if the claim is not due:

(1) where the activities of an undertaking or part of an undertaking whose assets are subject to the establishment of an undertaking are terminated, or the entire undertaking or part thereof, or the assets of a company, as referred to in Article 9 (3) or in breach of Article 9 The provision of paragraph 1, or the property affixed to property, becomes eligible for property mortgage as referred to in Article 4 (2); (8.2.1991/240)

(2) if the property, or most of it, which is the object of the business mortgage, is destroyed by the fire or other comparable event;

(3) if the debtor refuses to provide the information referred to in Article 34 by the creditor; or

4) where the fixed assets are poorly managed or reduced, and the value of the mortgage holder's security has therefore been substantially reduced.

The right to be recovered pursuant to paragraph 1 shall cease, unless the application holder is informed within three months of the fact referred to in paragraph 1, after obtaining the information obtained from the debtor. Where the requirement is based on paragraph 1 (1), the requirement shall be submitted within the time limit laid down in Article 9 (3). (8.2.1991/240)

CHAPTER 3

Application procedure and register of undertakings

ARTICLE 16
Registration authority

Business mortgage business deals with the government of patents and registries (registry authority).

The Registration Office shall maintain a corporate mortgage register which is common to the whole country.

§ 17
Application for business mortgage

The business mortgage is requested from the registry authority. A business mortgage may be sought by a trader or a creditor.

The application shall be drawn up on a form corresponding to a formula established by the registry authority. The application shall be accompanied by a debit note in accordance with the formula established by the registry authority. When a creditor collects a mortgage, the bond shall indicate the trader's mortgage lending.

Where the application concerns the fixing of the fixing of a mortgage, limited as provided for in Article 5 (2), the application shall indicate the particulars necessary to identify the affixed assets, as specified in the Regulation.

ARTICLE 18
Resolving the business mortgage issue

The acquisition will be confirmed by means of an indication of the settlement in the business mortgage register. For the purposes of the certificate, the registration authority shall issue a certificate of affixing.

Paragraph 1 shall also apply to the drooling and extension of the business mortgage and to the pooling and sharing of business mortgages. (14.02.1997/149)

Where an application for a business mortgage is rejected, the registration authority shall issue a separate decision which must be accompanied by a complaint.

§ 19
Transfer of application

If the application is incomplete or where the registration authority identifies an obstacle to the fixing of the mortgage and the application is not immediately rejected or declared inadmissible, it shall provide the applicant with an opportunity to deliver an opinion or an application within the prescribed period. Or, at the risk of rectifying the application, that the application is found to lapse. The decision to set the threat shall not be subject to an appeal.

§ 20
Extension of interest

The acquisition, which is limited in accordance with Article 5 (2), may, on application by the trader, extend to the property referred to in Article 5 (1), provided that the holder has given his consent.

The privilege of the mortgage is determined by the date of application of the application.

ARTICLE 21
Combination of mortgages

Enterprise attachments relating to all movable assets of the same trader or as established in the same part of the undertaking or in the movable property belonging to the same business area, may: On the trader's application and on the basis of the agreement of the mortgage-holders, to merge into a single mortgage, if the mortgages have equal rights or are immediately following each other in the order of precedence. Such a mortgage has the same privilege as the one with the worst attachments.

§ 21a (28/122001/1493)
Sharing of the mortgage

Company mortgages concerning all movable property belonging to a distribution company within the meaning of the Law on Shares Company, or is fixed in a specified part of the company or for business activities in a specified region In the case of movable property, which may be distributed by the company and the mortgage-holders in a way which is wholly or partly settled by the acquiring companies, may be distributed by the company and the mortgage holders. The same applies to the distribution of the corporate interest rate fixed in the shares of the cooperative cooperative. (14/03/431)

The attachment shall not be distributed in such a way that it is valid for the assets of two or more companies or cooperatives as collateral for the same undertaking.

§ 22
Validity of the mortgage

The acquisition is not renewed until it is amorated. The provisions of the Decree of 9 November 1868 on the time limit for debt servicemen and the public challenge to creditors are not applicable.

The withdrawal from the register shall be governed by Article 27.

ARTICLE 23
Death of the mortgage

Upon application by the debtor or on the application of the creditor, the acquisition may be extinguisher in whole or in part.

When applying for an application, the original document shall be presented to the registry authority.

§ 23a (14.12.1998/99)
Conversion of the mortgage to euro

The amount of the acquisition shall be converted into the euro into the euro unit by the holder of the bond, in accordance with Articles 4 and 5 of Council Regulation (EC) No 1103/97 on certain provisions relating to the introduction of the euro.

In the case of conversion, the amount of the mortgage on the account holder's application shall be reduced to a maximum of 100 euros per trader's consent.

With effect from 1 January 2002, the registration authority shall convert the sum of the mortgage on the sum of the sum of the money into euro as referred to above, when the mortgage is otherwise amended.

§ 24
Amendment of the mutual privilege of the mortgages

The right of mutual benefit of business mortgages may be amended if the mortgage holders, whose status is weakened by the change, have agreed to it.

When applying for a change in the rule of law, the death penalty shall be applied mutatis mutandis.

ARTICLE 25
Labelling in the business mortgage register

The business anchorage register shall indicate:

(1) the name of the trader, the date of issue of the deposit, the principal and the interest, and to whom the debt is issued;

2) the application date and the applicant;

(3) reinforcement, extension, aggregation, distribution, transformation and drooling of the mortgage, as well as changes in the rule of law;

(4) the foreclosure, seizure or security of the assets affixed to the property affixed; the trader's assets and the declaration of bankruptcy, and the closure of the company's activities;

(5) information on the solution referred to in Article 18 (3) to which an appeal has been lodged;

(6) the information provided to the registry authority on the holder of the bond and his address.

(30.12.2013/1157)

Other information may be entered in the business anchorage register as provided for by the Regulation.

§ 26 (5.12.2003/1031)
Correction of a valid solution and registration

The correction of an incorrect solution in the business mortgage case and the incorrect information contained in the business mortgage register shall be carried out in accordance with the administrative law (2003) Provisions.

§ 27
Withdrawal from the register

In the event of a bankruptcy or liquidation or liquidation of a trader, the business mortgage register shall be removed from the business anchorage register after the closure of the activity or the termination of the entity, or On the basis of the communication, the trade register. In view of the winding-up of an open company or a limited partnership company, it will only be possible to remove the business mortgage from the register if the settlement procedure has been complied with, which of the open company and the commandiite Chapter 5 of Chapter 5 of Chapter 5 (1) to (3). (8.2.1991/240)

The registry authority may remove the business mortgage from the register if the trader's registration in respect of which the business mortgage is fixed is removed from the Business Registration Act. (129/1979) Article 24 Referred to. Ten years after the company or cooperative has been removed from the register on the basis of Article 2 (2) of the Companies Act or Article 2 of Chapter 23 of the Cooperative Act, the company or cooperative asset may be removed from the register. Within 10 years after the Foundation has been removed from the Foundation's Foundation Law, the establishment of the Foundation's assets may be removed from the Foundation's assets. (487/2015) in Chapter 12, Based on. Before removing the mortgage from the register for the purposes referred to in this paragraph, the registry authority shall provide an opportunity to be heard by the registration holder in the file. (24/05/492)

L to 492/2015 (2) enters into force on 1 December 2015. The previous wording reads:

The registry authority may remove the business mortgage from the register if the trader's registration in respect of which the business mortgage is fixed is removed from the Business Registration Act. (129/1979) In accordance with Article 24. Ten years after the company or cooperative has been removed from the register on the basis of Article 2 (2) of the Companies Act or Article 2 of Chapter 23 of the Cooperative Act, the company or cooperative asset may be removed from the register. Before removing the mortgage from the register for the purposes referred to in this paragraph, the registry authority shall provide an opportunity to be heard by the registration holder in the file. (14/03/431)

CHAPTER 4

Appeals appeal

ARTICLE 28
Complaining of the decision of the registries

The party concerned may appeal against the decision of the registration authority in the case referred to in this Act to the Court of Helsinki.

§ 29
Notification of dissatisfaction

At the risk of loss of speech, the applicant shall declare dissatisfaction at the latest on the seventh day of the date on which the decision was notified to him. The declaration of dissatisfaction shall be made to the registry authority. The approval of the declaration of dissatisfaction shall be decided upon by the registry authority, who shall decide whether or not to settle the matter.

ARTICLE 30
Complaint making

The time limit for lodging a complaint shall be 30 days from the date on which the decision was notified to the appellant. At the latest on the date of expiry of the period of appeal, the applicant shall, at the risk of losing the power of the appeal, forward the appeal to the registry authority.

ARTICLE 31
Application of the rules of the judicial wing

In addition to the provisions of this Law, the appeal shall apply mutatis mutandis: In Chapter 25 of the Court of Justice Is provided for. For the purposes of this law, what has been said in that chapter is applicable to the registration authority for the purposes of this law.

ARTICLE 32
Appeals against the Court of Appeal

The decision to amend the Court of Appeal in the case referred to in this Act shall be sought from the Supreme Court as In Chapter 30 of the Court of Justice Is provided for.

§ 33
Urgency to address the appeal

Complaints on business engagement must be dealt with as a matter of urgency.

CHAPTER 5

Miscellareous provisions

§ 34 (28/122001/1493)
Safeguarding the holder's right

A trader whose assets are fixed by a business mortgage shall be obliged without delay to inform the mortgage holder about the closure of the undertaking or any part thereof, or any part thereof, or any part thereof, or Article 9 (3) of the undertaking. Of the assets referred to in Article 11 (1) (2) concerning the transfer of the property referred to in Article 11 (1) (2) concerning the distribution of the property, the merger of the undertaking, the distribution of the company or the cooperative, the alteration referred to in Article 11, And other rights of the holder of the attachment Of an appreciable event in the undertaking. In order to obtain the value of the security lodged, he shall provide the mortgage holder with the necessary information on his request.

ARTICLE 35
Information and certificates to be provided under the business mortgage register

There is a right of every right to information on the labelling and documentation of the business anchorage register.

The issuing of certificates for undertakings is governed by the Regulation.

Article 35a (14.5.2010/391)
Reporting obligation of the Court

The Supreme Court and the Court of Appeal shall, without delay, send a copy of their decision on the matter of business mortgages to the registry authority. The Court of Justice shall also state whether an appeal has been lodged against its decision.

The Court's obligation to notify a solution by making it a reference to the system for the resolution and decision of the national judicial system, or by providing the information to the Justice Register Centre in order to transmit information The registration authority shall be governed by a decree of the Ministry of Justice where appropriate The adoption of labelling and the provision of information shall be governed by the law of the national judicial system (192/2010) And is provided for.

§ 36 (5.12.2003/1031)
Sending a document

In the case of the acquisition of documents, administrative law shall apply to the dispatch of documents.

ARTICLE 37
Authorisation provision

More detailed provisions on the application procedure and the business anchorage register as well as any other necessary provisions on the implementation and application of this law shall be adopted by the Regulation.

Before the entry into force of this Act, measures may be taken to implement it.

ARTICLE 38
Entry into force

This Act shall enter into force on 1 January 1986.

This law repeals the law of the law of 17 February 1923 (2) (1) The law of 17 December 1948, together with its subsequent amendments and the Law of 17 December 1948 on (186/48) . Before the entry into force of this Act, an earlier law shall apply.

The movable property fixed in accordance with the Irish law on attachment law shall expire five years after the entry into force of this Act. As long as the movable property is maintained in accordance with the provisions laid down in this paragraph, the provisions in force at the time of entry into force of this Act shall be applied and the movable property affixation shall, during this period, be produced before the date of application of this law. Corporate mortgages. The rest of the law on movable property is covered by the law after the entry into force of this law.

In accordance with the Law on Electrical Property, the registration of real estate as an electric property and the registration of the premises are valid for five years from the date of entry into force of this Act. After this, the fixed mortgage on the electrical site property shall be the property of a real estate registered in the past.

HE 190/83, Ivhms. Three-eighths, svk.M. 59/84

Entry into force and application of amending acts:

8.2.1991/240:

This Act shall enter into force on 1 March 1991.

Before the date of entry into force of this Act, the effect of the change referred to in Article 11 on the transfer of assets, the transfer of the undertaking and the change in the name of the trader shall be the effect of the According to regulations.

HE 139/90, Ivhms. 12/90, svk.M. 196/90

17.5.1991/8:

The entry into force of this Act is regulated by law. L 833/1991 entered into force on 1 August 1991 in accordance with L 1069/1991.)

HE 104/90, the bank brokers. 11/90, svk.m. 240/90

14.2.1997/149:

This Act shall enter into force on 1 September 1997.

THEY 89/1996 , TaVM 24/1996 EV 233/1996

14.12.1998/99:

This Act shall enter into force on 1 January 1999.

THEY 156/1998 TaVM 21/1998, EV 165/1998

15.12.2000/1096:

This Act shall enter into force on 1 April 2001.

THEY 69/2000 , TaVM 18/2000, EV 113/2000

16.3.2001/24:

This Act shall enter into force on 1 April 2001.

The transfer of mortgages under the provisions of Articles 11 or 12 in force at the time of entry into force of this Act and the validity and privileges of the mortgage shall be subject to the provisions previously in force. The period laid down in Article 11 (1) of this Law shall be calculated from the entry into force of the law if the economic activity and its assets have been surrendered in the past.

In the case of a combination of a law amending the trade register law of a private trader, an ideological association or a foundation (245/2001) The transitional provision will transfer business mortgages to the new entity. Where there are existing corporate mortgages in more than one unit, the entry shall not be entered in the register until the holders have agreed and submitted an application for the privileges of the mortgages; or The mortgages are dead.

THEY 188/2000 , TaVM 2/2001, EV

28.12.2001/1493:

This Act shall enter into force on 1 January 2002.

THEY 176/2001 , TaVM 21/2001, EV 217/2001

5.12.2003/1031:

This Act shall enter into force on 1 January 2004.

THEY 79/2003 , HaVM 6/2003, EV 61/2003

13 AUGUST 2004:

This Act shall enter into force on 8 October 2004.

THEY 55/2004 , TaVM 13/2004, EV 107/2004 Council Regulation (EC) No 2157/2001 (32001R2157); OJ L 294, 8.10.2001, p. 1

21.7.2006/631:

This Act shall enter into force on 1 September 2006.

THEY 109/2005 , TaVM (EV).

19.10.2006/911:

This Act shall enter into force on 1 November 2006.

THEY 54/2006 , TAVM 9/2006, EV 99/2006, Council Regulation (EC) No 1435/2003 (32003R1435); OJ L 207, 18.8.2003, p. 1

28.12.2007/1420:

This Act shall enter into force on 31 December 2007.

THEY 103/2007 , EV 115/2007, Directive 2005 /56/EC of the European Parliament and of the Council, OJ L 310, 12.7.2005, p. 1 TO 9

14.5.2010/39:

This Act shall enter into force on 1 December 2010.

THEY 102/2009 , LaVM 2/2010, EV 21/2010

14.6.2013/431:

This Act shall enter into force on 1 January 2014.

THEY 185/2012 , TaVM 6/2013, EV 48/2013

30 30.12.2014:

This Act shall enter into force on 1 January 2014.

THEY 14/2013 , LaVM 17/2013, EV 203/2013

24.4.2015/492:

This Act shall enter into force on 1 December 2015.

THEY 166/2014 , LaVM 20/2014, EV 276/2014