Law (2008:1075) On Mortgage Letter Records

Original Language Title: Lag (2008:1075) om inteckningsbrevsregister

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:1075

Introductory provisions



section 1 of the companies registration office, with the help of automated processing bring

a record of such mortgages for which it

is not issued any written corporate mortgage letter

(mortgage letter registers).



Of Chapter 1. section 2 of the Act (2008:990) if chattel, it follows that

registration of an enterprise mortgage in

mortgage letter register means that an electronic

Enterprise mortgages letter issued.



General rules for registration



section 2 of the order to an enterprise mortgage should be entered in the

mortgage letter register required to be maintained

corporate mortgages and that the request for registration

produced in accordance with section 3 or 4.



An entry in the register of enterprise mortgages mortgage if a letter

may be combined with an indication of who has the right to rule over

registration (mortgage letter holder). Only those who have

a permit under section 12 shall be recorded as

mortgage letter executives. If the table does not contain any

statement of mortgage letter holder, whose property has

mortgaged is considered as mortgage letter executives.



If an enterprise mortgage has been subject to a decision of the Exchange

According to Chapter 4. section 14 of the Act (2008:990) if chattel or

the corresponding older provisions, the provisions of this law

If corporate mortgage rather than apply through Exchange

Enterprise mortgages decided the letters.



Registration of new enterprise mortgages



3 § On request of anyone who submits an application for

business mortgage in land registry Department shall

The Swedish companies registration office shall enter a record of the company's mortgage, if a

such is granted, in mortgage letter registry. If the applicant requests

There, the work at the same time bring in a statement

mortgage letter executives.



The provisions of the first subparagraph shall also apply in the context of

applications for such encumbrance measures referred to in Chapter 4.

14-16 of the Act (2008:990) if chattel.



The registration of previously granted mortgages



4 section at the request of the holder of a written

Enterprise mortgages letters to the companies registration office shall enter a record of the

the business enterprise mortgages mortgage that corresponds to the letter

in mortgage letter registry. If the applicant so requests, the authority

at the same time bringing in a statement of encumbrance letter executives.



An enterprise mortgage may be brought into the mortgage letter register

According to the provisions of the first subparagraph only where the written

Enterprise mortgages letter has been submitted to the companies registration office. In

connection with the introduction of the register shall

Enterprise mortgages letter destroyed.



In the case of mortgages that have been granted or applied for in accordance with the

provisions in force before the entry into force of the law

(1984:649) if chattel, the provisions of this law

whether enterprise mortgages also written such letters

debt securities referred to in section 8 of the Act (1984:650) for the inclusion of

Act (1984:649) on the chattel. Such an action requires

though not destroyed, if provided with an endorsement to the effect that the

no longer entail any right of the mortgaged property.



Registration of mortgage letter holder



§ 5 If mortgage letter table does not contain a task

If mortgage letter executives, the companies registration office, at the request of the

that pursuant to article 2 of the second paragraph shall be construed as

mortgage letter holders include a statement

mortgage letter holder in the register.



Cancellation or change of mortgage letter holder



section 6, at the request of the person registered as

mortgage letter holders to Bolagsverket remove task

mortgage letter holder from mortgage letter registry.



If the applicant so requests, the companies registration office in connection with an action

in accordance with the first paragraph, insert a new task if

mortgage letter holder in the register.



Deregistration of the company's mortgage, etc.



section 7 at the request of the person registered as

mortgage letter holder or under the second subparagraph, the

considered as mortgage letter executives, companies Registration Office issue a

Enterprise mortgages written letters corresponding to

business mortgage. In connection with the written

Enterprise mortgages letter be issued should the mortgage be deleted

from mortgage letter registry.



section 8 If an enterprise mortgage, which is inserted into the

mortgage letter register, be killed or become inoperative, the

Bolagsverket delete enterprise mortgage from the registry. If a

mortgage becomes without effect only in part, or become

the subject of the action referred to in Chapter 4. 14-16 of the Act (2008:990)

If the chattel, the statement be recorded in the

mortgage letter registry.



Barriers to unsubscribing



section 9 On the request of the person registered as

mortgage letter holder or under the second subparagraph, the

considered as mortgage letter executives, companies registration office may decide to

the mortgage may not be removed from mortgage letter register

According to section 7.



A decision referred to in the first subparagraph shall apply until

Registration Agency has completed a case under Chapter 4.

14-17 of the Act (2008:990) if chattel. If

mortgage letter holder requests it, the Swedish companies registration office cancel

the decision even before that.



section 10 at the request of the Swedish enforcement authority, Bolagsverket

decide that such registration measures specified in §§ 5-7

don't get taken. Such a decision is valid until any

otherwise designated.



Corrigendum to:



section 11 of an entry in the mortgage register shall be notified about the letter,

the task contains a manifest irregularity due to

to the companies registration office or someone else is guilty of

clerical error, clerical error or similar oversight or due to

of any technical error. The right to be given the time involved

to be heard.



Authorised to be registered as a mortgage letter holder



section 12 Permits to become registered as a mortgage letter holder

announced by the companies registration office.



Upon the granting of permits to the companies registration office in particular, take into account the



1. that the applicant has access to the technical equipment and

the technical expertise required

mortgage letter register function,



2. that there are satisfactory arrangements for the payment of

stamp duty, registration fees, and fees

and



3. that the applicant otherwise meets the requirements of fitness

that should be addressed with regard to mortgage letter register

design and function.



paragraph 13 of the authorization referred to in section 12 shall be withdrawn if the

the licensee no longer meets the requirements laid down in

12 section.



When a decision on the revocation of a licence has become final

force, the Swedish companies registration office ex officio, shall take the measures set out in

section 7, if there is no obstacle to this according to 9 or

section 10.



Mortgage letter holders ' rights and obligations



section 14 of the person registered as encumbrance letter holder or

that pursuant to article 2 of the second paragraph shall be construed as

mortgage letter holder has the rights and obligations

follow with the possession of a written letter of enterprise mortgages.



Appeal



section 15 of the General Board's decision under this Act may be appealed to the

General administrative courts.



Leave to appeal is required for an appeal to the administrative court.



Power of Attorney



section 16 of the cases under this Act need agents do not show up

written authorization unless the companies Registration Office considers it

needed.



Authorization, etc.



section 17 of the Government or the authority, as the Government determines

may provide for fees for registration under

This law.



section 18 Government Announces rules on

mortgage letter contents of the register, closer to the purposes and

processing of data and on data protection responsibilities under

personal data Act (1998:204).



The Government or the authority, as the Government determines

Announces rules on the operation of the register and if filing

of applications in other authorities.



Damages



19 § Inflicted any harm by incorrect or misleading

task in mortgage letter registry or otherwise, by

error in connection with the creation or maintenance of register,

He or she is entitled to compensation from the State, if it is not displayed

that fallacy is due to circumstances beyond

Bolagsverket's control, the consequences of not acting reasonably could

have avoided or overcome.



The remuneration referred to in the first subparagraph may be reduced after the fairness

or fall off, if the negligence on the victim's side has

contributed to the damage.



About personal information in the register has been the subject of mortgage bond

violation of this law or other regulations regarding the register, are

also 48 § personal data Act (1998:204) applies.