Business Mortgage Regulation

Original Language Title: Yrityskiinnitysasetus

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1985/19850778

The presentation provides for the Minister of Justice on 24 August 1984 on the business of a mortgage pursuant to the code of civil procedure (634/84): Chapter 1 section 1 of the mortgage company Mortgage laying down the procedure for the application shall be made in the company of a mortgage law (634/84) within the meaning of article 17, paragraph 2, the National Board of patents and registration (Registration Office) in accordance with the formula, established by the form.
Other than as referred to in sub-section 1, the application shall be made in writing. The application must include the following particulars: 1) to the applicant and the name and address of the agent;
the requirement of the applicant; 2) and 3) in accordance with the trade register of the name of the trader and the business-and the community that is the property of the application.
(29 March 2001/290)
The application shall be accompanied by the bonds.


section 2 of the registration authority to keep mortgage issues a journal, which is a daily major lodged them in the chronological order in which applications and data for dealing with this matter.


section 3 of the Application data will be recorded in the journal: 1) to the date of arrival;
2) case number;
3 the property of an application relating to) a trader;
4) the applicant; and 5) quality.
Elinkeinonharjoittajasta shall be entered in the commercial register under the name and ID of the enterprise and the community. (29 March 2001/290)
The quality is expressed by the strengthening of the application, whether the mortgage, the mortgage extension, mortgages, mortgage, mortgage amortization, mortgage money conversion, changing the order of mutual preference of mortgages or mortgage to be borne by the admission. (treated as an objection/969), section 4 of the processing of data shall be recorded in the journal: 1) transfer of processing the application and the rest of the work;
2 the date of the resolution of the dispute and the solution)
3 indication of the discontent and the delivery of the notice of appeal); as well as 4) other necessary information for handling the matter.


section 5 of the registration authority shall, on its own initiative to acquire the information necessary to resolve the issue of attachment, which are reflected in the records in its possession.


section 6 of the Business of a mortgage in case of the accumulated documents is generated file.
The file will be taken in addition to a copy of the documents used and the basis for the solution of mortgage debt and the delivery of the book, as well as, where appropriate, the reasons for that. The file will be taken from your party's statement and the rest of the case study. The decision to refer the case and that does not mean the business mortgage register, the data shall also be kept in the file.
The document, inspection of the files will be archived in case number order. (8.2.1991/246), paragraph 7, of the decision by the registration authority of the language in which the application has been rejected, withdrawn or been found inadmissible, in accordance with a formula to be determined by the change shall be attached to the search help and appeal.
When the registration authority's decision in the event of an appeal, the business mortgage fact shall send a copy of the document from the Court of appeal. (8.2.1991/246) of section 8 of the Court of appeal of the Supreme Court and a copy shall be sent without delay to the company, in its appeal for the attaching of the decision registry. The Court of appeal shall also indicate whether the decision appealed against.
The registration authority shall, on its own initiative to be taken on board by the Court of appeal for further consideration.


section 9 of the correction of an incorrect solution, or an entry in the register or the decision of the Court of appeal to make the necessary entries in the company of the mortgage article 18 is provided.
Chapter 2 the business mortgage register section 10 the business mortgage register shall be entered in the mortgage information and reminder information.


section 11 of the mortgage data shall be entered in the register in addition to the information referred to in section 3:1), the date of the promissory note, the number of the hostages, the principal, the interest and collection costs, and whether or not the holder of a promissory note of the bearer or his reserving;
2) the date on which the mortgage yield, as well as the mutual samanpäiväisten of mortgages;
3) attachment to the limit argument, if the mortgage is established for a limited;
4) solution and the solution of the day;
explanation of the solution and the solution of 5); as well as the opinion of the Court of appeal of 6) and marking the day.
The mortgage data shall be entered in the Register also changes to the attachment.


Article 12 of the reminder of the information shall be entered in the register: 1) the correction or the appeal of the lis pendens;
2) the holder of a second mortgage debt, as well as their address and the recipient of pantin, 3) label affixed to the assets allocated to the garnishment, seizure, attachment or the blockage and the pledged property to the auction, or the application for the extradition of trader's assets of the bankruptcy or liquidation of the trader and the decision of the State of performance or changes to such data; (8.2.1991/246) 4 dissolution of the community or of the trader's economic activity);
5) public challenge to the trader's creditors;
6) registered trader's merger as well as the distribution of the community; (28.12.2001/1499) 6 (a)) business of the mortgage law, section 10 (3) of the intended merger, Division, and in the context of the transfer of the registration of the branch to be set up in Finland; (on 28 December 2007/1431) 7) attachment of the article 4, the third paragraph of article 9 or article 12 of the Declaration referred to in paragraph 2, the following applications for the claim; (8.2.1991/246), 7 (a)) the definition of ingredients and props, maakaaren (540/95), chapter 14, section 5 of the intended posting; and (on 5 December 1996/961) 8) other necessary information.
The data shall be entered in the register on the basis of the notification or reminder to the authority on its own initiative.
When the indication referred to in paragraph 2 has been amended in the register, the registration authority shall inform the holder of the promissory note to the former hostages, marked the second Lien holder. When the subject of a notification under subsection 1 (7), it shall be identified with a mortgage, on the basis of which the statement is made, the payment of the amount of the claim, indicate the mark applied for to be mentioned when a writ of summons or other application is filed with the Court or other authority, as well as to present these reports. (8.2.1991/246) section 13 of the merger will be made, as well as the merging that is the recipient of the Labelling of the trader's registration information. Marking must be carried out under the sellaisenkin host the trader, which has not been previously marked the business mortgage register.
Entries for the merging of the assets of the existing mortgage trader and a reminder of the information will be transferred to the receiving trader register data.
The organisation of the claim to the mortgage owners of mortgages to reflect the communities in accordance with the agreement of the merger shall apply, mutatis mutandis, to amend the mutual privilege. what mortgages (8.2.1991/246), 13 (a) in the section (28.12.2001/1499) entry in the distribution to be made, as well as to fall into that of the host community.
The entries of the existing community assets being divided on mortgages, and a reminder of the information will be distributed to the receiving entity, is transferred to the host community.
When the community is divided, the application, which is responsible for the Organization, the order of priority of mortgages and mutatis mutandis to the amendment provides for the mutual privilege of mortgages.


section 14 (8.2.1991/246) Entry of the mortgage on the property are made to be borne by the consent and shall be borne by the supplier which has taken over the mortgage register data. Information on anchorage and attachment for the reminder to be borne by the data is transferred to the mortgage assumed to have taken the registry data.
Section 12, subsection 1 of the notification shall be made pursuant to the consent of the property and the property of being registered in the registry of the trader or the trader's registration information, that the property has become the business of the mortgage law, within the meaning of article 4 (2) of the way the property covered by the mortgage.
Entry of the notification referred to in paragraph 2 shall be deleted from the register of the company after the mortgage paid, the recovery of the lapsed, or when the mortgagee gives its consent to the exercise of a lost otherwise.


section 15 of the registration authority shall, on its own initiative transferred to the possession of that mortgage companies the information relating to the trader, who is a major mortgage companies or the business of a mortgage can be removed from the registry.


section 16 of the Business of a mortgage and be removed from the register by making the abolition of entry and dating it.


section 17 (29 March 2001/290) to the business mortgage register is kept by the trader in accordance with the order of business and the Community symbol. Before the business and organizational (244/2001) entered into force in respect of registrations, the registry can be used to keep the law in force at the time of entry into force of the trader's commercial register number order.
Chapter 3 delivery of documents and certificates, the certificate to be issued to the applicant, article 18 of the Delivery of paper to record the solution, or the subject of a separate decision.
The delivery of the book has to be signed for.


section 19:



Load the certificate shall be entered in the register of the company in accordance with the date of issue of the certificate in force at the time the attachment of the property of a trader of mortgages and reminder information. Mortgage amount expressed in the currency in which the mortgage is fixed or for which it has been converted, and in addition, as far as possible in the euro unit, rounded up to the nearest euro. (treated as an objection/969)
Load the certificate shall be entered in the pending applications. If the trader's property is not attached and there is no pending mortgage applications, this must be reflected in the certificate.
Load the certificate must be dated and signed.


section 20 of the registration authority may disclose the information in the business mortgage register in any other suitable manner to those in need.


section 21 of the registration authority may impose a lien holder of the promissory note to the correction of the promissory note the solution, or the decision of the Court of appeal for the tasks.
The correction in case the delivery is made free of charge, and other auxiliary systems.
Chapter 4 miscellaneous provisions article 22, adopted by the registration authority in accordance with the forms of the formula must be kept to those who need it is available free of charge.
The registration authority shall ensure that the forms are also available from the commercial register, section 2, of the law within the meaning of the local authorities.


When applying for a mortgage in the strengthening of the section 23 restricted to a specific part of the business assets of the trader the application shall contain: 1) in the part of the business activities referred to in the trade register and the nature of the industry and how it works, or;
2) auxiliary firm-name or any other name, which identifies the business part of the business; and 3) of the grounds on which this business part of the property is separated from the rest of the assets of the trader.
If the restriction is based on, inter alia, of economic activities, the application shall indicate the districts or counties in which the operation of the Protocol setting out, for the business of a mortgage application.
The registration authority may, where appropriate, require the applicant to limit to specify the necessary clarification of the criteria.


Article 24 of this regulation provides for the application, applies, mutatis mutandis, to the registration authority.


section 25 of the business mortgage register and the Ministry of Justice of the decision for the marketing of the journal is to switch to the automatic processing of data.
In its decision, the Ministry of Justice may stipulate that the burden of the certificates referred to in this Regulation may also be they local authorities, who are able to automatic processing using to get up-to-date information about the business mortgage register.
The Ministry of Justice, in its decision, the provisions on the marketing of the registry can provide more detailed information as well as the burden, the registry certificates and signing.


section 26 of the more detailed provisions on the implementation of this Regulation shall, where appropriate, National Board of patents and registration.
Chapter 5, section 27, the date of entry into force This Regulation shall enter into force on 1 January 1986.
The registration authority may take the necessary measures for the implementation of this regulation before the date of its entry into force.
When the registration authority is the stamp duty law amending section 10 and 45 of the law on (641/84) been offset by the entry into force of the meaning of that provision to be replaced to guarantee the undertaking to which the promissory note marked has been awarded the movable property mortgage, it shall immediately inform the Commission of any cancellation of the adoption of the necessary entry to the relevant judge movable property mortgage a mortgage to be given to the burden of senior Protocol and certificate.

The change of the date of entry into force and the application of the acts: 8.2.1991/246: This Regulation shall enter into force on 1 March 1991.




on 5 December 1996/961: This Regulation shall enter into force on 1 January 1997.




14/158: This Regulation shall enter into force on 1 September 1997.




treated as an objection/969: This Regulation shall enter into force on 1 January 1999.




on 29 March 2001/290: This Regulation shall enter into force on 1 April 2001.




on 28 December 2001/1499: This Regulation shall enter into force on 1 January 2002.




on September 30th, 2004/877: This Regulation shall enter into force on 8 October 2004.
Council Regulation (EC) No 1782/2003 n ° 2157/2001 (32001R2157); OJ No l L 294, p. 1 on 28 December 2007, 8.10.2001/1431: This Regulation shall enter into force on 31 December 2007.
Of the European Parliament and of the Council Directive 2005/56/EC; OJ No l L 310, July 12, 2005, pp. 1-9