Introductory provision
section 1 of this Act apply to the killing of a lost document,
call for lost bank book and lost
life insurance policies as well as the killing of the mortgage.
Killing of a lost document
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The following documents are covered by the provisions on killing
of a lost document:
1. promissory notes,
2. switches,
3. the Bill of lading,
4. documents other than those specified in 1-3, whose presentation
forming conditions of the right to demand payment, or to request
to any other obligation is fulfilled,
5. documents whose production represents conditions to be recorded
as the holder of a right in such account referred to in
Act (1998:1479) on the accounting of financial instruments,
6. share certificates, and
7. mortgage documents.
The provisions do not apply to bank notes. They are not applied
either on the bonds or debentures unless
bonds with a maturity of up to one year provided
to the holder and which is issued by a bank or a
credit market companies.
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The following documents are covered by the provisions relating to the killing of a lost document: 1. promissory notes, 2. switches, 3. the Bill of lading, (4) documents other than those specified in 1-3, whose production constitutes the condition for the right to demand payment, or to request any other obligation is fulfilled,
5. documents whose production represents conditions to be recorded as the holder of a right in such account referred to in the law (1998:1479) on CSDs and the accounting of financial instruments,
6. share certificates, and 7. mortgage documents.
The provisions do not apply to bank notes. The does not apply to bonds or debentures except in the case of bonds with a maturity of up to one year provided to the holder and which is issued by a bank or a credit market company. Law (2016:63).
section 3 of An Act referred to in section 2 may be killed after application
of those who have lost the plot, if it can be assumed that
the document has been destroyed or lost.
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An application for the killing of a lost document shall be made in
Enforcement authority, subject to the other or
third paragraph.
Refer to the application a lost mortgage Act it shall be done
in the registry offices dealing with matters concerning
registration of such a document to which it relates.
Refer to the application a lost stock certificate or other document
whose production represents conditions to be recorded as the holder
of a right in such account referred to in the law
(1998:1479) on the accounting of financial instruments,
the application must be made with the companies registration office.
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An application for the killing of a lost document shall be made to the bailiff, unless otherwise provided by the second or third paragraph.
Refer to the application a lost mortgage Act it shall be made at the registry offices dealing with matters concerning the registration of such a document to which it relates.
Refer to the application a lost stock certificate or other document whose production represents conditions to be recorded as the holder of a right in such account referred to in the law (1998:1479) on CSDs and the accounting of financial instruments, the application shall be made with the companies registration office.
Law (2016:63).
section 5 of the application must be in writing and contain information about the
relied on in support of that action has
destroyed or lost. The application shall be accompanied by a copy
of the Act, such information about a document's content,
necessary for the certain to be
be identified.
Relating to the application of an act of killing encumbrance should
registration authority shall make a note on the application of
the enrolment register, the enrolment register or
Real Estate Register register part.
section 6, If an application does not contain the required information
under paragraph 5 of the first paragraph, the authority shall submit to the applicant
to remedy the deficiency. The same applies if the prescribed fee
have not been paid. Of the order shall indicate that the application
may be rejected if the order is not complied with. The injunction need
not to be served.
The applicant does not comply with an injunction under the first paragraph,
the authority shall reject the application if it is so flawed that
It cannot be the basis for a substance or
the prescribed fee has not been paid.
section 7 of each one as a debtor, guarantor or on
otherwise is obliged on account of the Act must
be notified of the application, if it is possible. The same applies to
limited liability company, where the application relates to the killing of share certificates.
Relating to the application of a mortgage document should, if possible,
even the owner of the mortgaged property and the person
later, in the order that is specifically prescribed, been
recorded as the holder of the document shall be notified.
The authority handling the case is responsible for
notifications.
section 8, the applicant made probable that the plot has been destroyed
or come off, the authority shall issue an order
that will be published in the Gazette.
The notice shall contain a description of the document, as well as
stating that the applicant is likely to act has
destroyed or lost. In the injunction, there shall be a
call to the who may hold the document or know the
are alive or that otherwise can provide information in
the case, to notify the authority by a particular
the specified day. This day shall be determined so that at least one
a maximum of two years will have elapsed from the date of
Proclamation. The applicant shall be informed of the contents of
the injunction.
section 9 If the time of the notification under paragraph 8 of the second paragraph has expired
and there is no evidence to show or offer
reasonable grounds to believe that the document is intact,
the plot is killed by a decision of the authority.
In the case of mortgage documents, the decision shall contain a
a statement that the decision does not mean that the mortgage
are killed.
The registration authority shall make a note of a decision concerning the killing of
mortgage deed in the register book, the enrolment register
or the real estate Register register part.
section 10 if the conditions for killing an act according to
This law is not complied with, the authority shall reject the application.
A decision to reject an application for the killing of
mortgage document should, since the decision has become final,
be recorded in the register book, the enrolment register or
Real Estate Register register part.
section 11 Of the Act has been killed, the applicant may claim the
the right which the plot is based on the document without the need to
will be shown up.
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The one who is obliged to comply with what has been committed
in a new Act to issue a death plot corresponding to
the document which has been killed. Is the plot killed a
mortgaged creditors Act or a stock certificate, instead
the owner of the mortgaged property and the limited liability company
issuing a new document. Any new instrument should, however, not
is issued, if the killing was an Act whose
the presentation was merely a condition for someone to
be recorded as the holder of a right in such account
referred to in the law (1998:1479) on the accounting of financial
instruments.
A new document, as referred to in the first subparagraph shall be issued instead
for a slain mortgage Act, does not apply as
mortgage deed until the entry made in accordance with section 13 other
paragraph.
In the case of Bill and the Bill of lading also apply specific
provisions concerning the provision of security.
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The one who is obliged to comply with what has been committed in a killed action to issue a new document that corresponds to the document which has been killed. Is it killed the story a mortgaged creditors Act or a stock certificate, rather than the owner of the mortgaged property and the limited liability company to issue a new document. Any new instrument should, however, not be issued, if the killing was an Act whose presentation was merely a condition for someone to be recorded as the holder of a right in such account referred to in the law (1998:1479) on CSDs and the accounting of financial instruments.
A new document, as referred to in the first subparagraph shall be issued instead of a killed mortgage Act, does not apply as the mortgage deed until annotation made in accordance with paragraph 13 of the second paragraph.
In the case of Bill of Exchange and Bill of lading also apply specific provisions concerning the provision of security. Law (2016:63).
section 13, Since a decision on killing of lien or
Enterprise mortgages letter becomes final, shall
Land Registry Department of the application issue new mortgages or
mortgage letters responding to it killed and make note
in the enrolment register, the enrolment register or
Real Estate Register register part.
Have a mortgaged creditors Act killed by decision
become final, the land registry Department on application
make a note in the register book or the enrolment register to
new document, issued under section 12, the
mortgage law added the killing plot.
Call for lost bank book and lost
life insurance policies
section 14 Has a bank book has been lost, the depositor or his
right holders, rather than apply for killing of bank book
request the bank Governing Board calls for it.
If someone requests such a search and leave credible
information on when and under what circumstances the bank book
lost, the bank Board at the applicant's expense, enforce
the call. This is done by proclamation in the Gazette
Newspapers. Has the bank book does not come to terms within six
months from publication and there is not reasonable cause
to assume that it is intact, the applicant has the right to obtain
the amount paid to them after the due
funds paid out are the banking book without effect.
section 15 of the provisions of section 14 shall also apply
life insurance policies. A request for a search warrant is pitted then to
the Board of Directors of the insurance company where insurance has been
or, if removal of a foreign insurance company that
may conduct insurance business in the country, to
the dealership, which also has to execute the call.
If the insured event has not yet occurred, the applicant, in
rather than to paragraph if
payment of the balance, the right to receive a new
insurance policy. When the new insurance policy has been issued
It is missing the insurance policy void.
Killing of action in connection with repossession or bankruptcy
the provisions of section 16 of the 2 and 5 – 13, §§ apply mutatis mutandis
even when a document has not been encountered in enforcement
of a claim or a right or in bankruptcy, if it can
It is assumed that the document withheld. Application for killing is done in
such cases of bailiff or bankruptcy estate.
section 17 of an application under section 16 shall be made to the District Court where the
the debtor shall respond in litigation concerning
payment obligations in General.
Relating to the application of a mortgage deed shall notify the
registry offices dealing with matters concerning registration of
action on the application. The right shall inform that authority
If the final decision in the case.
section 18 of the District Court, as a condition for killing decide that
attachment the applicant or the estate shall provide security
According to Chapter 2. the enforcement code for the injury the right
holders of the plot may suffer. Is there according to Chapter 2. 27
§ the enforcement code is not under any obligation to provide security,
get the District Court instead that conditions determine that
attachment the applicant must give an undertaking to pay the damages.
Guarantee or commitment may not be invoked if the action is brought
later than three years from the date of the decision on the document's killing
became final.
section 19 of the Act Have been killed by the District Court to a new document
be issued only if the plot is killed in a lien or
a mortgage receivable document. If the order for killing refers to
a debt instrument that is committed on aircraft or
spare parts for aircraft, the new document after
the application issued by the land registry Department.
If a surplus caused by attachment, it must not be paid
out to the procedure without it killing plot
show up or that he do the procedure likely to
or she doesn't have the plot intact.
Killing of mortgage
section 20, it is not known where a lien or any other
mortgage document exists and has ten years passed from the time
the document was displayed for note about holdings or in the
Moreover, showed up in a mortgage case, the committed
the owner may apply to the mortgage being killed even though
the document cannot be produced.
It can be assumed that a lien or mortgage company letters
has been added in such a way or lost by the owner under
such circumstances that exclude valid pledge,
application for killing off the mortgage to be done even if the first
paragraph specified time has not elapsed.
section 21 an application for the killing of the mortgage must be made of the
registry offices dealing with matters concerning registration of
the mortgage.
The last has been recorded as the holder of the document shall
notified to the application, if it can be done. The registration authority shall
then issue an order, which will be published on the
as specified in section 8. The notice shall contain a
description of the action. In the notice shall also
be a call to the who may hold the document or
know it's alive or that otherwise may leave
information in the case, to notify the Agency
last a specified day. This day shall be determined so that at least
six months will have elapsed from the date of
Proclamation. The applicant shall be informed of the contents of
the injunction.
When an application for the killing of the mortgage has been received by the
registration authority, it shall make a note of this in
the enrolment register, the enrolment register or
Real Estate Register register part.
In dealing with Moreover 5 and 6 sections and section 10 first
paragraph.
section 22 Of the time of the notification under section 21 has been
out and there is no circumstance constitute reasonable
reason to let the mortgage will continue to apply,
authority may decide that the mortgage, after application of the
Land Registry Department, may be killed without action can
will be shown up.
The registration authority shall make a note of a decision concerning the killing of
mortgage in the register book, the enrolment register or
Real Estate Register register part. The application has been rejected,
This shall not, however, be recorded until the decision has become final
force.
Dormant dormant mortgage and declared evidence application
section 23 for the purposes of the provisions concerning the killing of lost
Action 1 – 13, §§ assimilated dormant evidence with Lien.
For the purposes of the provisions concerning the killing of mortgage in
20-22 of the assimilated dormant explained mortgage application with
mortgage.
Appeal
section 24 of an administrative decision by the authorities about the killing of lien in
a building or a leasehold may be appealed to the District Court
in the place where the register Office which deals with
land registry cases concerning the property is located. If the decision
relates to mortgages because of mortgage on ship or
ship building, it may be appealed to the District Court in the ship's
place of residence or of the place where the construction is carried out.
An administrative decision by the authorities about the killing of
Enterprise mortgages or mortgage companies,
be appealed to the District Court of the place where the
Land Registry Department is located.
An administrative decision by the authorities about the killing of the committed
debtors Act may be appealed to the District Court in the city
where the registration authority is located or, in the case of
mortgage on the rail, the District Court of the place where the
Register Office dealing with registration matters relating
the railway is located.
An administrative decision by the authorities about the killing of the Bill of lading,
be appealed to the District Court of the place of destination.
In cases other than those referred to in the first to fourth paragraphs, a
management decisions about the killing of a lost document
be appealed to the District Court of the place where the obligation to
be fulfilled. If such a place is not mentioned in the document,
the decision may be appealed to the District Court where the obligation to
reply in civil cases relating to liability in General.
section 25 of an appeal shall be submitted to the managing authority
within three weeks from the date of the decision.
In an appeal case law (1996:242) if
Court cases.
Authorization
section 26 of the Government or the authority, as the Government determines
may provide for fees for the processing of
matters under this Act.
Transitional provisions
2011:900
1. this law shall enter into force on 1 January 2011, when the Act
(1927:85) about the killing of a lost deed shall cease to
apply.
2. The repealed Act applies if a claim for the killing of
deed or mortgage has been received by the District Court, before
on October 1, 2011.