Chapter 1. Introductory provisions
1 § With chattel "means a security right under the
the provisions of this law.
section 2 a trader who would grant the chattel of their
business activities are entitled to obtain registration of a particular
amount in the business (enterprise mortgage). Evidence about the
the mortgage is called enterprise mortgage letter.
An enterprise mortgage letter be issued either in written form
(written enterprise mortgages letter) or by registration in the
mortgage letter register under the Act (2008:1075) if
mortgage letter register (electronic
Enterprise mortgages letter).
The traders of this Act also applies to the
intends to exercise an economic activity but that have not yet
started operations. If a trader dies, becomes
the estate in the trader's place. Law (2008:1079).
section 3 of The chattel is classed by the trader
submitting the enterprise mortgages as collateral for the letter a
the claim.
An electronic enterprise mortgages letter shall be deemed to have
been handed over to the creditor, if the creditor or someone who
represent him or her has been registered as
mortgage letter executives in mortgage letter registry.
Law (2008:1079).
section 4 of the bankruptcy stay cannot be granted corporate mortgage and can
nor does it grant chattel.
Chapter 2. Chattel
Property covered by the chattel
§ 1 A chattel covers trader's movable property in
the extent to which the property belongs to the committed operations.
Rem over does not cover
1. cash and bank balances,
2. shares and other financial instruments, intended for General
turnover,
3. property which may be subject to a lien because of
mortgage, or
4. property that cannot be seized or be included in the bankruptcy.
section 2 If a committed operations are transferred, include
rem over the transferor's claim for compensation to the
part of this relates to the property covered by the mortgage at
the transfer.
Persecution law
3 § If a committed business is transferred and the transfer
includes property covered by rem over, applies
legacy in the property of the transferee. If the acquirer transfers
the estate or grants special rights in it, or if the property
damaged or occupied by expropriation or similar
procedure includes rem over the acquirer's claim on
compensation. Rem over gives priority to payment
in front of a mortgage on the same property that is based on
leasing of the transferee.
The creditor loses its rights pursuant to the first subparagraph, if he
they do not, within six months from the time the grantor or
the purchaser has notified him or her of the transfer
and within eighteen months of operations
possession refers the purchaser for payment from
the property and report it to the land registry Department.
It is said in this section also apply if the purchaser
transferee's estate.
section 4 of the Provisions of paragraph 3 shall apply also when the committed
business and property covered by the chattel
passes to someone else by parcel of trading company
assets or by Division for any reason other than
trader's death.
The creditor's right to the payment because of chattel
§ 5, A creditor who has chattel of their claim has
entitled to repossession or bankruptcy, with the preferential rights
mortgage leads, by law, be paid out of claim
property covered by the mortgage up to
Enterprise mortgages letter's amount.
To the extent the mortgage payment amount of the letter isn't enough,
the creditor has the right to get paid out of the property by a
Add-on. The extension may not exceed fifteen percent of
mortgage letter's amount plus interest on this amount from the
date on which the application was made or the bankruptcy estate have been inflicted.
Interest is calculated for the year, according to a räntefot which corresponds to the of
The Riksbank established, at each time applicable reference interest rate
under section 9 of the interest Act (1975:635), increased by four percentage points.
A creditor's right to payment does not include the extension, if
mortgage letter constitutes the security for the creditor.
paragraph 6 of the letter handed over several enterprise mortgages as security for
a claim and have mortgages the same preferential rights or
for the immediately one after the other, the provisions of paragraph 5 of the
If the mortgage encumbrance amounts relate to the letter the
total amount.
section 7 of the creditor's right to payment from the estate also applies if
the claim is statute-barred or not notified of
the creditor after calling on unknown creditors.
section 8, A creditor who has chattel as security for their
the claim has the right to seek payment from the property covered by the
rem over despite the fact that the claim is not due to
payment, if
1. the committed business or a substantial part of the
transferred, withdrawn, or transferred to another party by parcel of
the trading company's assets or by Division of any other
reason than the trader's death, or
2. the property as a result of neglect, natural phenomenon or of
any other comparable reason is impaired or reduced
the collateral value goes down significantly.
Upon seizure of property covered by the chattel has
mortgage creditor entitled to payment from the estate under 8
Cape. the enforcement code even if the debt is not due to
payment.
Företagshypotekets relation to attachment
9 § chattel does not cover attached property, if
the mortgage sought the same day that the attachment will be notified
or later. The lien is cancelled, the REM over
also in the property unless it is seized or taken in
claims by payment assurance.
Chapter 3. Business mortgage
Inteckningens scope
1 § A business mortgage granted in all the business activities
as the trader at any time engaged in Sweden.
Inteckningars seniority
section 2 of the regulations on the preferential rights attaching to
business mortgage available in förmånsrätts Act (1970:979).
3 § A business mortgage gives primacy in relation to
other corporate mortgage in the time sequence in which
mortgages are being sought. Mortgages that are searched on the same
enrolment day gives an equal right, subject to the provisions of Chapter 4.
section 13.
Inteckningars and mortgage letter in some cases validation
section 4 If the property covered by the chattel has been
Foreclosure and mortgage payment from the creditor has been granted
property, corporate mortgage without effect to an amount
corresponding to the what has been obtained on
Enterprise mortgages letter's amount. The same applies if the
the creditor has awarded payment out of such property in the
bankruptcy.
§ 5 If an enterprise mortgage becomes inoperative, is also
Enterprise mortgages letter without effect. Be changed otherwise, a
mortgage, mortgage letter effect in accordance with the
inteckningens changed the content.
Ghost of lost mortgage letter does not
the mortgage becomes inoperative.
Chapter 4. The enrolment procedure
Enterprise mortgages records and registry offices
section 1 of the registration under this Act, there shall be a registry
with the help of automated processing, called
corporate mortgages. This should give publicity to the
information included in the register.
Government Announces rules on the contents of the register,
closer to the purposes and the processing of data as well as on
data protection responsibilities under the personal data Act (1998:204).
The Government may provide for handling fees for
proof of enrollment action.
section 2 of the Cases if corporate mortgage or other insertion in
corporate mortgages because of the provision of this
the law (land registry cases) are dealt with by
a country joint enrollment authority. Government
decide which authority shall be the registration authority.
Handling of registration matters
section 3 in the treatment of the land registry Department of the
land registry cases shall not apply the provisions of paragraph 10 of the second
paragraph, 27 and 28 of the Administrative Procedure Act (1986:223). Of the 37 (a) and
37 (b) of the Act (1984:404) If stamp duty at
land registry authorities shows that the land registry Department shall
reconsider decision on stamp duty in some cases.
Applications and notifications in the land registry matters should be
written.
The Government or the authority, as the Government determines
Announces rules on filing of applications and the
filings in land registry cases. Law (2008:1079).
3 a of the register matters need agents do not show up
written authorization unless the enrolment authority considers
It needed. Law (2008:1079).
section 4 of the land registry matters taken up at an enrolment day.
Enrolment day held at noon every Monday, Tuesday,
Wednesday, Thursday and Friday, which is not a public holiday. With holiday
also includes Midsummer's Eve, Christmas Eve and new year's Eve. Government
or the authority that the Government may decide that a
sign-up today to be set, if there are special reasons
to it.
An application or notification has been received after noon
on a given day is considered to be made at the next registration day.
section 5 of the land registry Department kept a diary of
land registry cases. The documents in these cases are brought together
in acts.
Has the applicant or any other left a job or
explanation of the significance of the trial or has a
specific investigation has been made of the case, this shall be recorded in the
the Act. The Act also orders and other decisions
should not be entered in the register of enterprise mortgages.
section 6, If it is necessary for the investigation, a
the register issue be deferred to some later
enrolment day.
If a case is postponed, the applicant may be required to put
the investigation or the information required. Application
may be declared overdue, if the applicant does not comply with the injunction.
The notice shall contain a statement to that effect.
A land registry case may further be postponed until a certain
later registration day, if the matter taking into account the nature of the
or scope not suitably can be tried immediately. A
case that has been postponed for this reason should be addressed to
review the latest on the fifth day after the registration
the registration filing date.
paragraph 7 of the decision shall be entered in the register of enterprise mortgages, if
the decision means that an application or enrolment in a case
awarded, rejected or declared or due to a case
is postponed. The reasons for the decision shall be recorded in the file or in the
the diary, the decision means that the application is not successful.
A decision shall be entered in the register will be notified by
introduction and is considered to have the content that is shown by
the registry.
section 8 If a decision of a registration dossier has been received
the applicant or anyone else, he shall immediately be informed of the
the decision. The notice shall set out the reasons for the decision
have been recorded in the file or in the diary and what those who want to
appeal against the decision to make.
§ 9 About an enrollment case under the decision of court is to be taken
up to the new management of the registration authority, the
take place immediately after the decision has been the authority to
Handa.
Mortgage application
section 10 of the application for the enterprise mortgage should contain an indication of the
the amount on which the mortgage should read.
Inteckningens amounts are given in Swedish kronor or in such
foreign currency for which the Assembly has access to a
reliable course for switching between the current currency and
Swedish kronor.
The applicant shall submit proof stating the name or corporate name and
personal or corporate. If the data is already
registered with the land registry department needs the applicant does not
the strength of these.
section 11 of the application for the enterprise mortgage should be refused, if
1. the provisions of paragraph 3 of the second paragraph or section 10 does not have
been complied with, or
2. the applicant is bankrupt or is declared bankrupt, the
the registration date of the mortgage.
section 12 If there is nothing to prevent it,
business mortgage enterprise mortgages granted and letter
issued on account of the mortgage.
If an electronic business mortgage letter be issued rather than
for a previously issued written enterprise mortgages letter,
lose the written business mortgage letter his
validity. Enterprise mortgages issued a written letter in
instead of a previously issued electronically
Enterprise mortgages letter, losing the electronic
Enterprise mortgages letter.
Provisions on the issuance of new mortgage letters instead
pre-encumbrance letters that have been killed are in the law (1927:85) about
killing of a lost document. Law (2008:1079).
13 § A business mortgage which would result in equal
preferential rights as another mortgage, at the registration
explained effect after the second mortgage, if the applicant requests
it. A mortgage that is set for a different mortgage terms
also after a mortgage with equal right as or better right
than the second mortgage, although this is not mentioned in the decision.
Mortgage operations
14 § A business mortgage letter may, on application by the person whose
property mortgaged and with the consent of the encumbrance of the letter
holders may be replaced by two or more new mortgage letter
(Exchange). In the case of the new mortgage peer brevens
preferential terms of section 13.
15 § chattel mortgages that have reciprocal right or
apply immediately after each other, at the request of the person whose
property mortgaged and with the consent of the
Enterprise mortgages brevens holders be brought together into a
mortgage (Assembly). This mortgage shall apply with the
preferential rights conferred on it by the pooled mortgages
who has the worst right. Assembly may be made only if the
mortgages are determined in the same currency.
Mortgages entered in mortgage letter register,
be brought together only if all mortgages covered by the
the action is entered in the register and have the same
mortgage letter executives.
A mortgage referred to in the first subparagraph shall be declared valid
for a lower amount than that which they pooled mortgages
total amounts to, if the applicant so requests and
mortgage the holder permits. Team (2008:1079).
section 16 of an enterprise mortgage may, on the application of whose property
mortgaged and with the consent of enterprise mortgages letter's
holders be reduced after another mortgage (reduction).
A mortgage that is set down for a different mortgage terms
also after a mortgage with equal right as or better right
than the second mortgage, although this is not mentioned in the decision.
section 17 On the application of the property mortgaged and after
consent of enterprise mortgages letter holder receives a
business mortgage is killed (killing).
Provisions concerning the killing of the mortgage as mortgage letter has
lost property Act (1927:85) about the killing of a lost
action.
section 18 in cases where consent is required under paragraphs 14-17 are required to
Enterprise mortgages letter submitted to
Land Registry Department or, in the case of electronic
Enterprise mortgages letter, that there are barriers to
deregistration under section 9 of the Act (2008:1075) if
mortgage letter registers and that any request to the obstacle
should be lifted have not been made. Law (2008:1079).
Annotation and correction in business mortgages
§ 19 at the request of the holder of an enterprise mortgage letter
the holding company will be recorded in the mortgage register. If
the applicant invokes a written enterprise mortgages letter and
There is reason to believe that the applicant is not in possession of this,
He or she shall be required to show up. If someone
else has already registered as a holder,
Land Registry Department since the new ownership has been recorded
remove the previous note and inform the person whose
possession was noted.
A note on the possession to be removed, if
1. whose holding has been registered reports that holding has
expired, or
2. the holder of a written letter, the enterprise mortgages
registered as encumbrance letter holder according to the law
(2008:1075) on mortgage letter records or who are considered to be
as mortgage letter holder under paragraph 2(2) of that Act
request Team (2008:1079).
section 20 of the company's mortgages, it should be noted when
1. a creditor pursuant to Chapter 2. paragraph 3 of the second paragraph has notified
He brought an action for payment from the property covered
of the chattel, or
2. it has been reported to the registration authority that the payment
in case of garnishment or in bankruptcy have been honoured at a
Enterprise mortgages letter amount.
In other cases it may follow from the law
to a certain ratio shall be recorded in the register.
An entry in the register shall be removed, though it obviously
no longer has any meaning.
section 21 of a task that has been entered in the register of enterprise mortgages
shall be corrected, if the task contains a manifest irregularity
as a result of the registration authority's or someone else's
typographical error or similar oversight or due to any
technical error. The peer preference between mortgages as
affected by a rectification shall be determined according to what is equitable,
If the defect can damage the whose property has mortgaged or
any holders of enterprise mortgages.
Before correction is made, the land registry Department give the
concerned by the measure, if he or she is known, an opportunity to
comment Even the authority referred to in Chapter 5. paragraph 3 shall be
opportunity to comment an opinion need not, however,
be obtained, if it is clearly unnecessary.
A note on the matter will be made in the register, unless the decision
will be announced the same day that the case has been taken up.
This clause applies in place of section 28 of the data protection act
(1998:204).
section 22 a decision in a case concerning rectification communicated by
the decision is entered in the register. The reasons for the decision shall be entered in the
Act nor in the diary. In place of the certificate or document
issued in accordance with the task that were previously entered
should a new such document is issued.
The former document must be made unusable and
be kept by the land registry Department. The holder of the document
are required to submit it for this purpose. In the injunction
to meet such an obligation, a penalty should be discontinued. The penalty is sentenced
published by the land registry Department.
Appeal
section 23 of the decision by the land registry Department of a
land registry case may be appealed to the District Court of the
the decision concerns, if it is him or her against. A
decisions are not final, subject to appeal only in those cases which
referred to in section 37 Act (1996:242) about court cases. Competent
Court is the District Court in whose area of jurisdiction
the registration authority is located.
On appeal the law on court cases, if not
subject to the provisions of this law.
Leave to appeal is required for an appeal to the Court of appeal.
section 24 of those who wish to appeal a decision of the
Land Registry Department shall do so in writing. The letter
shall be submitted to the land registry Department.
If the appeal relates to a final decision, should the letter be
submitted to the land registry department within three weeks from the
date of the notification or proof if the decision was held
available to the applicant. The letter, however, must always be submitted
within four weeks of the registration date of the decision
It was announced.
In the case of klagotid for appeal against a decision as referred to in
37 § law (1996:242) if the court cases apply
the provisions of § 38, first and second subparagraphs, the same law.
section 25 Of the contested decision is entered in
Enterprise mortgages, a statement of appeal
entered in the register. When there is a final decision
on the appeal, the decision
be recorded in the register.
section 26 a decision in a case concerning rectification may be challenged even by
the authority referred to in Chapter 5. section 3.
Chapter 5. The right to compensation in certain cases
§ 1 if someone suffers damage as a result of a technical error in the
business mortgage register or in any device with
Land Registry Department or other government agency is
connected to the register, he or she is entitled to compensation
by the State.
The remuneration shall be reduced after the fairness or completely fall
delete, if the injured party has contributed to the loss by
own negligence.
If the personal data in the register of enterprise mortgages have
been dealt with in contravention of this Act or the regulations if
the registry is also 48 § personal data Act (1998:204)
applicable.
2 § the associations referred to in Chapter 4. section 21 has the right to
obtaining compensation from the State if he or she suffers damage as a result
of a decision in a case concerning rectification. Compensation is paid, however,
No, if the injured party with regard to the nature of the
or other circumstances, should have realized that the error occurred.
section 3 of the Government Announces rules on which authority
represents the State in matters relating to compensation in accordance with paragraph 1 or 2.
section 4 Of the who according to § 1 or 2, shall be entitled to compensation
the State has had the right to claim the amount as damages of
any other, takes the State into the right against him.
Compensation in accordance with paragraph 1 or 2, because of a court judgment paid
Since the judgment has become final.
§ 5 The who by false information if authorized to represent
someone else in a registration case, intentionally or by
negligence causing injury to compensate for the damage pure wealth.
If the damage caused in the service of an employee, the damage
be reimbursed by the employer.
The right to damages if an action does not fall away is brought within ten
year of enrolment, the case was decided.
The first-third paragraphs may not be waived if the
to the detriment of the victim. Law (2008:1079).
Transitional provisions
2008:990
1. this law shall enter into force on 1 January 2009, when the law
(2003:528) corporate mortgage shall be repealed.
2. in the case of an enterprise mortgage granted before
entry into force the law (2003:528) corporate mortgage
until 1 January 2010. In the year 2009 comes to the repealed
the law also in matters relating to the person whose property
covered by a mortgage company pursuant to the Act.
3. If the Act (2003:528) enterprise mortgage is for a
business mortgage when a declaration of bankruptcy,
corporate recovery or repossession Court receives
or enforcement authority, the law throughout the
procedure.
4. If a creditor has brought an action pursuant to section 3 of the
transitional provisions to the Act (2008:988) to amend the
förmånsrätts Act (1970:979) applies, instead of what is being said
in point 2 above, Act (2003:528) on business morgage to
its that three months have elapsed from the time the Court divorced
from the target by a judgment or decision that has become final.
5. When the Act (2003:528) corporate mortgage no longer
apply for an enterprise mortgage, corporate mortgage
considered as an enterprise mortgage under this Act. A granted
business mortgage shall be deemed to be a chattel.
6. A mortgage which is restricted pursuant to Chapter 3. 1 section
law (1984:649) on the chattel, a regional
mortgage according to paragraph 13 of the Act (1984:650) on the implementation of the law
If a chattel mortgage in the course of trade and that
several exercises in common retains its scope.
