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Business Mortgage Regulation

Original Language Title: Yrityskiinnitysasetus

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Merger Regulation

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Presentation by the Minister for Justice of the Minister for Justice of 24 August 1984 (264/84) Pursuant to:

CHAPTER 1

Application procedure

ARTICLE 1

The application for the establishment of a business mortgage must be submitted to the (634/84) (2), the Government of the Patent and Registration Office ( The registration authority ) By means of a form conforming to the formula established.

An application other than those referred to in paragraph 1 shall be made in writing. The application shall include:

(1) the name and address of the applicant and his agent;

(2) the applicant's claim; and

(3) the trade name of the trader and the company and entity identifier for which the application relates.

(29 MARCH 2001/290)

The application shall be accompanied by the deposit documents referred to therein.

ARTICLE 2

The registry authority shall keep a diary of business anchorages, which shall be subject to a daily significant number of applications in the order of arrival and the details of the proceedings.

ARTICLE 3

The application data shall be entered in the diary:

1) the date of arrival;

2) the case number;

(3) the trader whose property is subject to the application;

(4) the applicant; and

5) the quality of the case.

The trader shall be accompanied by a business name and company and community identification code in accordance with the trade register. (29 MARCH 2001/290)

The quality of the case shall be indicated by indicating whether the application relates to the fixing of the mortgage, the extension of the mortgage, the combination of mortgages, the distribution of the mortgage, the fixing of the mortgage, the conversion of the mortgage, the fixing of the anchorages, The change in the rule of law or the admissibility of the mortgage. (14/09/98)

§ 4

The processing data shall be entered in the diary:

(1) the transfer of the application and other interim measures;

(2) the settlement and settlement date;

(3) notification of discontent and submission of an appeal; and

4) other relevant information on the handling of the case.

§ 5

The registry authority shall, on its own initiative, obtain the necessary information on the registers held by it in order to settle the business anchorage.

ARTICLE 6

In the case of a business mortgage case, a file shall be formed.

In addition to the documents used, the file shall be accompanied by a copy of the document and a copy of the settlement document and, where appropriate, the reasons for the solution. The file shall be informed of the statement of the party concerned and the other statement of the case. The transfer of the case and the decision not to be entered in the business mortgage register shall also be included in the file.

The file shall be archived in accordance with the order of the case. 8.2.1991/246)

§ 7

The decision of the registry authority in which the application has been rejected, rejected or found to be lapsed shall be accompanied by an appeal and an indication of appeal in accordance with the formula established by it.

Where an appeal is brought against a decision of the registration authority, it shall send a copy of the file to the Court of Appeal. 8.2.1991/246)

§ 8

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 registry authority shall, on its own initiative, take the matter before the Court of Appeal again.

§ 9

The necessary marking of an incorrect solution or of the registration of the Registry or of any decision of the Court of Appeal shall be carried out in accordance with the provisions of Article 18 of the Merger Act.

CHAPTER 2

Business anchorage

ARTICLE 10

The business anchorage register shall contain the anchorages and reminders.

ARTICLE 11

In addition to the information mentioned in Article 3, the information shall be entered in the register:

1) the date of issue of the deposit, the number, principal, interest and collection costs, and whether the promissory note is given to the holder or the designated person or to his/her orders;

(2) the date on which the mortgage yields the privilege and the mutual privilege of the same day mortgages;

(3) the limitation of the mortgage if the mortgage is fixed on a limited basis;

(4) a solution and a settlement date;

(5) the settlement of the case and the settlement date; and

6) the decision of the court of appeal and its date of marking.

The attachment shall also be entered in the register as changes in the mortgage.

ARTICLE 12

A reminder shall be entered in the register:

(1) the initiation of the corrective or appeal proceedings;

(2) the holder of the deposit and the beneficiary of the deposit and their address;

(3) the foreclosure, the seizure, the prohibition of the sale, the prohibition of the sale of the goods or the forced sale of the asset or the sale of the assets of the trader, or the declaration of bankruptcy or decision of the trader; The status of the clearing or settlement, as well as any changes to these data; 8.2.1991/246)

(4) the discharge of the Community or the cessation of the business activities of the trader;

(5) a public challenge to the trader's creditors;

(6) the merger of the trade repository and the distribution of the Community; (28.12.2001/1499)

(6a) The merger, distribution and transfer of the place of residence within the meaning of Article 10 (3) of the Merger Act and the registration of a branch to be established in Finland; (28.12.2007)

(7) the notification referred to in Article 4 (2), Article 9 (3) or Article 12 (2) of the Act on Merit; 8.2.1991/246)

(7a) the terrestrial guard for the determination of the ingredients and the needs (540/95) in Chapter 14, Section 5 The intended entry; and (1996/97)

8) other relevant information.

Such information shall be entered in the register on the basis of the notification or on the authority's own initiative.

When the entry referred to in paragraph 1 (2) has been amended, the registrant shall inform the holder of the previous deposit book entered in the register and the beneficiary of the retrofit. Where a declaration is made in accordance with paragraph 1 (7), it shall specify the attachment on the basis of which the declaration was made, state the amount of the claim to be paid, indicate when the challenge or any other application has been lodged with the court or other To the Authority and shall report thereon. 8.2.1991/246)

ARTICLE 13

The labelling of the merger shall be carried out in the records of both the merging and the receiving trader. Labelling shall be made to a host of a receiving trader who has not previously been entered in the business mortgage register.

The marking of existing mortgages and reminders on the property of the merging trader shall be transferred to the registration data of the receiving trader.

The application of the privileges of the mortgages to the contract holder's contract shall be applied in accordance with, where applicable, the modification of the mutual privilege of the mortgages. 8.2.1991/246)

Article 13a (28.12.2001/1499)

The allocation shall be made in both the distribution and the receiving Community registry data.

The labelling of existing mortgages and reminders on the assets of the Community distributed to the receiving entity shall be transferred to the registry data of the receiving entity.

Where the Community is divided, the application for the division of mortgages and the organisation of a public order shall apply mutatis mutandis as regards the modification of the mutual privilege of mortgages.

ARTICLE 14 8.2.1991/246)

The affixation of the affixation of the attachment shall be made to the registration data of the trader who surrendered the property and the attachment to the mortgage. The information on the attachment and the attachment of the attachment shall be transferred to the registration data to be taken against the attachment.

The notification pursuant to Article 12 (1) (7) shall be made on the registration data of the trader who has been surrendered and registered in the trade register, or on the register of the trader whose assets are: Become part of a property mortgage within the meaning of Article 4 (2) of the Merger Act.

The notification referred to in paragraph 2 shall be removed from the business anchorage register after the claim has been paid, lapsed or when the holder gives his consent or the marking has otherwise been rendered meaningless.

§ 15

On its own initiative, the registry authority shall, on its own initiative, transfer to the register of business registers the information relating to the trader which must be entered in the business mortgage register or for which the business mortgage May be deleted from the register.

ARTICLE 16

The acquisition and information related to the acquisition will be removed from the register by marking and by the date of removal.

§ 17 (29 MARCH 2001/290)

The business anchorage register shall be kept in the order of the trader's company and company emblem. Before the company and the Community (244/2001) In the case of registrations entered into force, the register may be kept in accordance with the order of the trader in force when the law enters into force.

CHAPTER 3

Documentation and certificates

ARTICLE 18

The letter of delivery shall be issued to the applicant by means of a certificate or a separate decision.

The delivery book shall be signed.

§ 19

In accordance with the register of business anchorages, the certificate shall indicate the mortgages and reminders to the property of the trader at the time of issue of the certificate. The amount of the mortgage is expressed in the monetary unit in which the mortgage is fixed or has been converted, and, where possible, in the euro unit, rounded to the nearest euro. (14/09/98)

The application for a pregnancy certificate shall also include pending applications. If the property of the trader has not been affixed and no application for a mortgage is pending, this shall be shown in the certificate.

The certificate shall be dated and signed.

§ 20

The registry authority may also disclose the information entered in the business mortgage register in any other appropriate manner to those in need.

ARTICLE 21

The registry authority may order the holder of the bond to present a debt book for the purposes of the settlement of the debt correction or for the purposes of the decision of the Court of Appeal.

In the case of repair, the delivery book shall be issued and any other corrections made shall be made free of charge.

CHAPTER 4

Miscellareous provisions

§ 22

The registry authority shall keep the formats specified by it, as required by the formula, available free of charge.

The registry authority shall ensure that forms are also available from local authorities within the meaning of Article 1 (2) of the Business Registration Act.

ARTICLE 23

When applying for the fixing of a mortgage on a limited part of the economic activity of the trader, the application shall include the following:

(1) the quality or scope of the activity listed in the trade register of the part of the economic activity referred to therein;

(2) the aid name or any other name to which this part of the business activity is identified in business; and

(3) criteria for the separation of assets belonging to this part of the economy from the trader's other assets.

Where the restriction is based on an economic activity area, the application shall indicate the municipalities or counties in which the application for a mortgage application applies.

Where appropriate, the registry authority may require the applicant to clarify the grounds for the restriction.

§ 24

The provisions of this Regulation shall apply mutatis mutandis to notifications to the Authority.

ARTICLE 25

In keeping the business mortgage register and the related diary, the Ministry of Justice has decided to switch to automatic data processing.

The Ministry of Justice may decide in its decision that the burden certificates referred to in this Regulation may also be issued by local authorities which, using automatic data processing, may obtain up-to-date information The business anchorage register.

The Ministry of Justice may adopt, in its decision, more detailed provisions concerning the keeping of the register, the transmission of data from the register and the certificates of burden and their signature.

§ 26

More detailed provisions on the implementation of this Regulation shall be issued, where appropriate, by the Government of the Patent and Registration.

CHAPTER 5

Entry into force

§ 27

This Regulation shall enter into force on 1 January 1986.

The Authority may take the measures necessary for the implementation of this Regulation even before its entry into force.

When the registration authority is a law amending Articles 10 and 45 of the Stamp Code (441/84) Within the meaning of the rules of entry into force, the amount of the promissory note to which the security of the subscribed undertaking has been issued has been nullified, it shall, without undue delay, inform the judge concerned of the existence of the necessary marking. For the purposes of the Protocol on the release of movable property and the attestation of the mortgage.

Entry into force and application of amending acts:

8.2.1991/246:

This Regulation shall enter into force on 1 March 1991.

5.12.1996-61:

This Regulation shall enter into force on 1 January 1997.

14.2.1997/158:

This Regulation shall enter into force on 1 September 1997.

14.12.1998/99:

This Regulation shall enter into force on 1 January 1999.

29.3.2001/29:

This Regulation shall enter into force on 1 April 2001.

28.12.2001/1499:

This Regulation shall enter into force on 1 January 2002.

30.9.2004:

This Regulation shall enter into force on 8 October 2004.

Council Regulation (EC) No 2157/2001 (32001R2157); OJ L 294, 8.10.2001, p. 1

28.12.2007/1431:

This Regulation shall enter into force on 31 December 2007.

Directive 2005 /56/EC of the European Parliament and of the Council; OJ L 310, 12.7.2005, p. 1 TO 9