Law (2008:990) If Chattel

Original Language Title: Lag (2008:990) om företagshypotek

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:990

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.