Law (2011:900) About The Killing Of A Lost Document

Original Language Title: Lag (2011:900) om dödande av förkommen handling

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:900

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



2 §/expires U: 2016-03-01/

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.



2 section/entry into force: 03/01/2016

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.



4 §/expires U: 2016-03-01/

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.



4 section/entry into force: 03/01/2016

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.



12 §/expires U: 2016-03-01/

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.



12 §/entry into force: 03/01/2016

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.