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Regulation Of The Law Of Land Ownership And Mortgages From The Register

Original Language Title: Asetus lainhuuto- ja kiinnitysrekisteristä

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Regulation on the loan and mortgage register

See the copyright notice Conditions of use .

The presentation of the Minister for Justice is provided for in the (1840/95) Of the Law of 27 March 1987 on the Registry of the Court of Justice (353/87) Law of 12 April 1995 of 12 April 1995 on the entry into force of Articles 17 and 22 (541/95) Pursuant to:

Chapter 1

Scope

ARTICLE 1

This Regulation provides for the (1840/95) As well as the processing of the registration cases referred to therein.

The provisions of this Regulation concerning the property shall apply mutatis mutandis to the provision of the property and to the subject matter of the property.

Chapter 2

Data on the loan and mortgage register

ARTICLE 2

For the purposes of the loan and mortgage register, registration details shall be recorded for each property or other object separately.

The entries are entered in the property register under the real estate register. The entries in the field of destination shall be entered in the domain name of the property registry administrator and the entries for the specific right to the site identification code issued by the authority.

ARTICLE 3

The borrowing and mortgage register shall contain:

1) application data;

(2) Opinion information;

(3) reminder information; and

(4) recovery data.

§ 4

The application shall indicate the nature of the case, the date of entry and the case number.

The quality of the case shall indicate whether the application is applicable:

(1) borrowing operations;

(2) the registration, alteration or transmission of a specific right, or the deletion of a recording; (21.11.2013/821)

(3) the fixing, modification or drooling of the mortgage, or the new holder of the electronic deposit; (21.11.2013/821)

(4) the clarification or correction of a solution entered in the register or any other information relevant to the register.

If, at the same time, several entries are requested by the application document, each item to be recorded shall be treated as a separate application.

§ 5

An application for a loan shall indicate:

(1) the applicant for the loan;

(2) the beneficiary;

(3) the quality of the recovery, the date of the recovery book or, if the recovery book is not, the date of receipt;

4) the target; and

5) the purchase price or other consideration.

In the absence of a destination domain before the date of initiation of the application, the labelling shall be entered in the box. The registration authority shall request the holder of the property registry to give the identification without delay.

If the property has been acquired jointly, the loan shall be issued in accordance with the title of the applicant, or, unless the amount of the contribution is shown in the recovery book, to the section under the Chapter.

ARTICLE 6

An application for recognition of a special right shall be:

1. The holder of a special right;

(2) the quality of the contract or contract and its principal content and the period of validity of the entry;

(3) the date of the Treaty or other legal instrument;

4) the target; and

5. Priority.

Special entitlement shall be assigned to the institution identification code if it may be the subject of the attachment.

The entry for the transfer of a building or installation within the meaning of Article 4 (1) (2) of Chapter 14 (1) shall be the subject of both a property and a special right.

§ 7

An application for amendment or deletion of a special right shall indicate the date and number of the solution to which the amendment relates and the content of the amendment.

The information referred to in Article 5 shall be entered in the application for the transfer of eligible rental or use rights.

§ 8

An application for the fixing of the mortgage shall indicate:

(1) the amount of the mortgage;

(2) the target;

(3) priority; and

4. The holder of the written deposit or the holder of the electronic deposit. (21.11.2013/821)

An application for modification or death shall indicate the date and number of the solution to which the change is addressed and the content of the amendment. A note on the new holder of the written deposit or of the new electronic deposit book, as well as the lien on the exchange of the deposit and, instead of the death deposit, shall be entered in the form of that mortgage. (21.11.2013/821)

§ 9

Instead of preference, indicate:

(1) the date on which the attachment or the registration of a special right gives priority; and

2) a solution for the reciprocal preference between mortgages and special rights.

ARTICLE 10

In the case concerning the identification or correction of a clerical solution or any other relevant information in the Register, indicate:

(1) the date and the case number of the solution, the details of which shall be specified or included in the register, or which shall be supplemented by the information contained in the register; and

(2) the content of the specification or correction or of the information requested.

ARTICLE 11

The beneficiary of the loan, the holder of the deposit and any other person in the register shall be marked with the name and identification number or trade register number, or any other distinguishing sign, including any movement and community identification number.

ARTICLE 12

The decisive information shall be:

(1) the decision to leave the application to rest;

2. The lapse of the case;

(3) the settlement of the settlement;

(4) the decision of the court of appeal; and

5) other comparable solutions.

The register shall indicate the date on which the case has been settled or the recording has been made. The decision on the submission shall also indicate the new date of the proceedings and the grounds for rest.

If the registration dossier has not been fully resolved according to the applicant's request, the register shall indicate that the solution differs from the application. If the application is partly or wholly rejected or inadmissible or has been resolved, contrary to what has been requested in the case of the case, the information on the validity of the solution must be entered in the register as well as an indication of the initiation of an appeal. (21.11.2013/821)

ARTICLE 13

A reminder shall be recorded as:

1) foreclosing, precautionary measure, bankruptcy and corporate restructuring;

(2) the prevailing restriction and its basis;

(3) the exercise of the right of privilege, the redemption licence and the other decisions of the authority;

(4) the statutory lien;

(5) the validity of the corrective or appeal proceedings;

(6) the lis pendence of the dispute concerning property ownership or registration, and the solution and its validity;

(7) the owner of the property outside the borrowing and the authority managing the property; and

(8) any other information relating to the right or burden, which is provided for in the register of the borrowing and mortgage register, or in the corresponding previous registers, or which clarifies the record.

ARTICLE 14

The following shall be recorded as:

(1) the donor and the donor;

(2) the date and consideration of the deed;

(3) the amount of the assigned quantity, the numbers code and any other information necessary to identify the subject; and

4) the pre-agreement and other information necessary for the keeping of the register.

Information on real estate transfers shall be entered in the Register on the basis of information from the trader's declaration or an electronic trading platform. The information corresponding to other recoveries shall be indicated on the basis of the declaration of the executor or the repo officer or on the own initiative of the surveyor. (21.11.2013/821)

The marking shall be deleted when the loan is granted. If the criterion is no longer valid, or if it is otherwise incorrect, the registration authority shall make the necessary adjustments to the labelling.

Chapter 3

Consideration of the file and the keeping of the legal and mortgage register

§ 15

The loan and mortgage register shall contain the information referred to in Article 4 immediately after the application has been made.

ARTICLE 16

The records shall be kept in a diary to which applications shall be entered each day in the order of their arrival.

The diary shall contain the information necessary to identify the application and the object. The diary shall also contain information on the handling of the case and on the time when the matter shall be reconsidered.

The diary shall be kept by the processing of automated data. (21.11.2013/821)

§ 17

The claims made orally by the applicant or any other interested party and the reasons therefor, together with the other statements, shall be entered in the file. If necessary, a separate Protocol may be drawn up.

ARTICLE 18

The file shall be drawn up on the basis of the documents and information on which the decision is based, accompanied by a printout or a copy of the certificate or a separate decision issued in the form of a delivery note. The file shall also include the information on the agent and the supplement, as well as any other comparable information on the case. (21.11.2013/821)

Where appropriate, a copy of the document on which the application is based or any other document which the applicant wishes to recall shall be taken at the expense of the applicant, where appropriate.

The file shall be archived annually in the order of the relevant number.

§ 19

The file shall be accompanied by an explanation of the tax and the reasons for the determination of the tax. (21.11.2013/821)

Where, on the basis of a declaration by a court or other authority, a loan is granted, the registration authority shall, where appropriate, invite the holder of the property to submit a report on the payment of the tax.

LeimataxL 662/1943 Has been abrogated with L for value-added tax 1388/2001 . See. Borrowing tax L ARTICLE 65 OF THE EC TREATY .

§ 20

A reminder, as well as any changes to them, shall be entered in the register on the basis of a declaration or on the own initiative of the registration authority.

The notification shall apply mutatis mutandis as regards the application.

ARTICLE 21

Statutory lien shall be recorded if it is higher than EUR 1000 from the property. The date of receipt shall not be without prejudice to the date of receipt of the receipt by the Court of Justice. (21.11.2013/821)

The notice of statutory right of lien shall state:

1) real estate corresponding to the receipt;

(2) the amount of money received and the date of its birth;

(3) debtor;

4) the creditor and his contact details; and

(5) the Authority's decision or other justification of the claim and the legal requirement under which the statutory lien is required.

The registration of the statutory lien shall be amended or deleted on the basis of the creditor's declaration or the consent of the creditor. The recording shall also be deleted if the owner of the property proves to be wholly paid.

§ 22

When a mortgage is amorated, the registration authority shall cancel the written deposit of the mortgage. The same shall be done when the written deposit is changed to electronic form or when a new deposit book is issued to the holder of the written deposit, in order to change the deposit or to change the mortgage. If the cancellation occurs by disposing of the deposit book, the disposal shall be entered in the file. Otherwise, the deleted deposit shall be archived. (21.11.2013/821)

Where the property or other object of the recording has been sold (19/07/2007) , the registration authority shall mark the death or deletion of the mortgage or any other form, in accordance with the declaration made by the Ottoman. In the case of forced implementation of an area foreclosed on the foreclosed property, the forecluse shall be declared closed as regards the destination and the attachment shall be removed on the basis of the declaration of the exuberant, even if the sector has not been applied for. (21.11.2013/821)

Where the attachment or other recording is to be deleted or amended in the light of a final decision on redemption or property formation, the registration authority shall make the necessary changes to the entries in accordance with the notification of the Authority. A new deposit shall be issued only if the original deposit book is submitted to the registration authority.

ARTICLE 23

Where the quantity covered by the loan is located in an area in which the property register is kept by the municipality, the registration authority shall inform the municipal property registry authority of the granting of the loan. (21.11.2013/821)

The registration authority shall provide the holder of the business anchorage with a record of the description of the ingredients and the requirements referred to in Article 5 of Chapter 14 of the GAP.

§ 24

Where an earlier recipient of a loan has been holding a qualifying holding in the transfer of a property, the loan auction data shall be transferred to the sector where a loan is granted to the property.

The registration authority may, on its own initiative, transfer the entry into line with the modified property division or to make further explanatory notes on the subject of the entry for which it is necessary in view of the clarity of the registration system. The registration authority may also issue a new site identifier or connect the different institutional identifiers given to the same agency.

A precondition for further clarification is that it does not undermine the position of rightholders. Where appropriate, the parties concerned shall be given an opportunity to be heard prior to the conclusion of the marking, or to indicate the indications that have been made.

ARTICLE 25 (21.11.2013/821)

Paragraph 25 has been repealed by A 21.11.2013/821 .

Chapter 4

Documentation and certificates

§ 26

The document shall indicate the content of the solution, the name and the date of the settlement authority. The delivery book will be signed by the author. The delivery book may be signed mechanically. (21.11.2013/821)

Where a decision is adopted in a separate decision, the decision shall also contain a brief description of the case, the reasons for the solution and the points of law applied.

§ 27 (21.11.2013/821)

The written deposit shall indicate the property or any other object attached to the mortgage, the sum of the mortgage, expressed in letters and numbers, and the date of initiation of the application and the case number. The written deposit book is confirmed by the signature of the solver.

The written deposit of the attachment or the replacement of the deposit shall indicate the valid object and content of the attachment and the date of initiation and the number of the original and the most recent application.

ARTICLE 28

The loan auction shall contain information on the last loan bid for the property and on the pending loan application, as well as on the rest of the property, its component or destination, in the register.

If the property has not been quoted, the certificate shall contain the information on the last loan bid for the property from which the property has been formed.

If the quotation relates to the part of the property, the loan auction shall also indicate the amount of the loan for the other part of the property.

Paragraph 4 is repealed by A 21.11.2013/821 .

§ 29 (21.11.2013/821)

In the case of an affixed right to rent or use, the information on the content and establishment of the right to be provided shall be recorded and the information contained in the last transfer of the right and on the application for registration pending. The certificate shall also show that Article 28 (3) is equivalent to the right to hire or use.

ARTICLE 30

The certificate shall show the rights and the burden of property on the property:

(1) the amount of the mortgage and the holder of the written deposit or the holder of the electronic deposit entered in the register; (21.11.2013/821)

(2) the quality and principal content of the specific right, including the period of validity of the registration and the right holder;

(3) the pending application or the registration of a special right; and

4) Statutory lien and other reminder information entered in the legal and mortgage register.

The attachment and other entries shall indicate their preference and their destination. (21.11.2013/821)

The application and any other entry shall be marked with a date of initiation and a case number of the original and most recent application. 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. (14.12.1998)

Certificate of the certificate shall be issued from one property or other object.

ARTICLE 31 (21.11.2013/821)

Paragraph 31 has been repealed by A 21.11.2013/821 .

ARTICLE 32

The supply books and certificates referred to in Article 26 (1) and Articles 27 to 30 shall be issued in the form of a loan and a mortgage register or in electronic form as expressly provided for. (21.11.2013/821)

If the certificate does not contain all the information required under the Regulation, it shall be included in the certificate.

The certificate shall be dated and shall bear the name of the issuing authority. The certificate shall be signed by the issuing body. The certificate may be signed mechanically. (21.11.2013/821)

§ 33

The registration authority may issue certificates other than those referred to in Articles 28 to 30 from the borrowing and mortgage register.

Chapter 5

Submission of notifications (21.11.2013/821)

ARTICLES 34 TO 36

Articles 34 to 36 have been repealed by A 21.11.2013/821 .

ARTICLE 37

The Court of Justice, the enforcement authority and the authority responsible for the formation of real estate may submit notifications by means of an automatic data processing system using the information system and the mortgage register system by means of a more detailed description of the Manner. (21.11.2013/821)

The geographical measurement body may also authorise the other authority to submit the declarations specified in the authorisation, as well as to the credit institution and the comparable entity, to submit declarations concerning the holder of the written deposit; - and The data system of the anchorage register. (21.11.2013/821)

The authority may provide information other than that by sending it in electronic form if the addressee is entitled to submit notifications to the information system of the registry and the mortgage registry.

Chapter 6 (21.11.2013/821)

(21.11.2013/821)

Chapter 6 is repealed by A: 21.11.2013/821.

Chapter 7

Outstanding provisions

ARTICLE 39 (21.11.2013/821)

Paragraph 39 has been repealed by A 21.11.2013/821 .

ARTICLE 40

This Regulation shall enter into force on 1 January 1997.

This Regulation repeals the Decree of 8 April 1988 on the registration and mortgage register and the registered office (186/86) With its subsequent modifications.

Entry into force and application of amending acts:

14.12.1998/968:

This Regulation shall enter into force on 1 January 1999.

21.11.2013/8:

This Regulation shall enter into force on 1 January 2014.