Regulation (2008:1080) On Mortgage Letter Records

Original Language Title: Förordning (2008:1080) om inteckningsbrevsregister

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:1080

Introductory provisions



section 1 of the Swedish companies registration office is personal responsible according to

personal data Act (1998:204) for mortgage letter registry.



section 2 of the companies registration office shall ensure that it does not arise

undue intrusion into the privacy of the data subject

or risks from the point of view of safety. For these purposes,

authority in a particular case, decide on the specific conditions for

the processing of personal data.



3 § Mortgage letter register shall in respect of personal data have

intended to be used



1. for registration of chattel mortgages and

mortgage letter holder according to the law (2008:1075) if

mortgage letter register,



2. as a basis for decisions that may be notified pursuant to the Act on

mortgage letter register, and



3. as a basis for notifications to mortgage letter holder

and those under the second subparagraph of paragraph 2 of the law on

mortgage letter records must be regarded as a mortgage letter holder

of enterprise mortgages letter about the contents of

corporate mortgages.



Personal data processed for the purposes referred to in the first

subparagraph may also be treated to fulfil reporting

that is done in accordance with law or regulation. Otherwise

concerning paragraph 9 (d) and the second subparagraph

personal data Act (1998:204).



section 4 For each company's mortgage recorded in

Mortgage Register shall be specified in the letter, the register



1. the date of filing of the company's mortgage and

the enrolment Authority Act number,



2. the date of registration of the company's mortgage in

mortgage letter registry.



Where appropriate, the registry specified



1. mortgage letter holder's name and date of registration

of mortgage letter holder,



2. the indication referred to in the second sentence of paragraph 8 of the Act (2008:1075) if

mortgage letter register,



3. the decisions referred to in section 9 or 10, the law of

mortgage letter registers.



At such accounting of enterprise mortgages letter referred to in 2

§ the third law on mortgage letter repository shall in

the Register also lists additional information required

for identification of enterprise mortgages.



Registration of new enterprise mortgages



section 5 an application for registration under section 3 of the Act (2008:1075) if

mortgage letter records must be submitted to

Land Registry Department in connection with a case concerning the

business mortgage.



section 6 in conjunction with registration under section 3 of the Act (2008:1075) if

mortgage letter records must companies registration office send a

notification of the measure to the person registered as

mortgage letter holder or that the measure should be considered as

mortgage letter holder, if this person is someone other than the applicant in

case.



The registration of previously granted mortgages



section 7 of the registration under section 4 of the Act (2008:1075) if

mortgage letter records must companies registration office send a

notification of the measure to the person registered as

mortgage letter holder or that the measure should be considered as

mortgage letter holder, if this person is someone other than the applicant in

case.



If the notification has admitted it, gets the notification

left with the help of automated processing.



Registration of mortgage letter holder, etc.



section 8 When Bolagsverket takes a registration action under 5

or section 6 of the Act (2008:1075) on mortgage letter register, shall

the work, send a notice of the action to



1. the applicants in the case, and



2. a person who has been registered as encumbrance letter holder or

that measure must be regarded as a mortgage letter executives.



If the applicant was represented by counsel who has not shown up

written mandate, both the applicant and the Registrar informed.



If the notification has admitted it, gets the notification

left with the help of automated processing.



The Swedish companies registration office may provide for the address details

needed to the notification obligation referred to in the second

subparagraph shall be fulfilled.



The issue of enterprise mortgages written letter



§ 9 Rules of enterprise mortgages letter in paragraphs 24 and 25

Regulation (2003:552) if chattel apply, mutatis

shares on issue of enterprise mortgages written letter

According to section 7 of the Act (2008:1075) on mortgage letter registers.



A written enterprise mortgages letter should contain, in addition to the

information referred to in section 25 of the regulation on the chattel,

indication that the message has been issued pursuant to section 7 of the Act on

mortgage letter registers as well as an indication of the date of issue.



10 § When the companies registration office issues a written

Enterprise mortgages letter under section 7 of the Act (2008:1075) if

mortgage letter register, the Agency shall send a notification of

the action of the applicant in the case.



If the applicant is represented by an agent that has not shown up

written mandate, both the applicant and the Registrar informed.



If the notification has admitted it, gets the notification

left with the help of automated processing.



The Swedish companies registration office may provide for the address details

needed to the notification obligation referred to in the second

subparagraph shall be fulfilled.



Change of name



section 11 for a registered encumbrance letter holder is renamed or

firm, companies Registration Office for registration include the new task

in the registry.



Correction, etc.



section 12 if the Office finds that an entry in the

mortgage letter register is incorrect, do the work, if the error

cannot be corrected immediately and is such as to give rise to

legal uncertainty, immediately the object relationship in

the registry. The comment should be removed from the register as soon as

correction has been made.



If a decision to register an enterprise mortgage or to

register or unregister a mortgage letter holder has

on appeal, this Court notes in the register. The remark

should be deleted when it appealed against that decision has become final

force.



Authorised to be registered as a mortgage letter holder



paragraph 13 of the application pursuant to section 12 of the Act (2008:1075) if

mortgage letter records must be made in writing with the companies registration office.

The applicant shall submit the documents relied on in support of the

the application.



Before the companies registration office will notify the permit or revoke a

previously announced condition, it shall, unless there are

unnecessary, provide the financial supervision authority the opportunity to comment.



Online filing



section 14 of the application for action referred to in 4-7, 9 and 10 of the Act

(2008:1075) on mortgage letter records and requests for

disclosure in the mortgage register by the letter

who has a permit under section 12 of the Act on

mortgage letter records be transferred electronically to the

The Swedish companies registration office according to the regulations issued by the Office.



The Swedish companies registration office may provide that other than that

has a permit under section 12 of the Act on

mortgage letter registry may transfer applications and

requests referred to in the first subparagraph.



Direct access, etc.



section 15 of The who has a permit under section 12 of the Act (2008:1075)

If mortgage letter records must have direct access to

mortgage letter registry. Such direct access should not, however,

refer to task for a registered encumbrance letter holder unless



1. the licensee is registered as encumbrance letter holder

for the mortgage, or



2. the relevant mortgage letter holder has admitted it.



The property is mortgaged must have direct access to

such data into mortgage letter register relating to

mortgages on their own property.



The registration authority and the Swedish Enforcement Administration may have

direct access to mortgage letter registry. Direct access

may not concern data on mortgages that are not needed

the handling of cases at the authority.



16 § Confidentiality in accordance with Chapter 8. section 31 of the secrecy Act (1980:100)

does not preclude indication of registered encumbrance management

be submitted to the land registry department pursuant to Chapter 4. section 2 of the Act

(2008:990) if chattel on the task required in a

mortgage issue, or to the enforcement authority if

the task required in an enforcement case.



The collection of data to the registry



17 § in connection with registration in accordance with section 10 of the Act-section 3

(2008:1075) on mortgage letter register, companies Registration Office Download

details of the company's mortgage from the

corporate mortgages using automated

treatment.



Retention of deleted data



section 18 of the Tasks that have been deleted from the

mortgage letter files pursuant to §§ 6-8 teams (2008:1075) if

mortgage letter records must be kept for at least ten years.



Other provisions about the technical procedure



section 19 of the companies registration office may provide for the technical

the procedure for implementation of mortgage letter registry.



Fees



section 20 in respect of registration or deregistration pursuant to

Act (2008:1075) on mortgage letter register, the applicant shall

pay fees according to the following.



Registration of new enterprise mortgage (3) 3 kr



The registration of previously granted

business mortgage (4) 4 kr



Registration of mortgage letter holders (5)

per farm mortgage 5 kr



Cancellation or change of

mortgage letter holder (6 §) per

business mortgage 5 kr



Deregistration with the issuance of written

Enterprise mortgages letter (section 7) 20 kr



section 21 of the companies registration office may provide that the fee referred to in

section 20 is to be paid when the application is filed. If the work has informed

Regulation and the applicant has not paid the fee,

the applicant must be ordered to pay the fee within a certain period of time.

Failure to follow this procedure, the application shall be rejected. The applicant

shall be informed of this in the order.



section 22 of the companies registration office may provide for exceptions from the


the provisions of section 20.



paragraph 23 of 22 a of the Administrative Procedure Act (1986:223) contains provisions

If an appeal to the administrative court. Other decisions

According to this regulation than the decision on the fee shall not, however,

subject to appeal.