Registrations with RNPM
Kindly be informed that on 11.09.2020, Law no. 196/2020 entered into force (published in the Official Gazette no. 822 dated 08.09.2020) which amends Law no. 297/2018 regarding the National Register of Mobile Advertising (hereinafter “RNPM”).
RNPM (known until 2018 as „Electronic Archive of Movable Guaranties” – „AEGRM”) is a public register, structured according to persons and goods, that meets 2 functions: (a) the first one is to keep record on the priority of creditors in case of foreclosure; (b) the second one is publicity for the documents and legal operations for which the law stipulates the need to fulfill publicity formalities. In fact, in RNPM various operations and legal documents are registered, including, but without limited to: debt assignments, mortgages, trusts, guaranty contracts, lease contracts, insurance seizures etc.
The most important change implemented by Law no. 196/2020 consists in the fact that, starting 11.09.2020, all documents under private signature which are legally considered writs of execution must be registered with RNPM in order to become enforceable.
Registration with RNPM must be made even if the special law that regulates the document does not expressly stipulate that publicity formalities must be fulfilled for this document.
For example, we can analyze the situation of a promissory note which you will receive from one of your debtors as guaranty. The promissory note is regulated by means of Law no. 58/1934, which stipulates that the promissory note stands as writ of execution, without referring to the fulfilment of any publicity formality. In the context of changes applicable starting with 11.09.2020, before you are able to enforce the promissory note, it must be registered with RNPM. Otherwise, the law court will not accept the foreclosure based on this promissory note and the officer of the court will not be able to proceed to the foreclosure that you require.
Conditions for the registration with RNPM:
- There must be a document under private signature (kindly keep in mind that these changes do not also refer to authentic documents, which do not have to be registered with RNPM in order to become enforceable)
- The document under private signature must be validly closed, according to the applicable law which regulates it (e.g., Law no. 58/1934 on the promissory note, Civil Code for the mortgage contract etc.)
- By law, the writ of execution of the document under private signature must be acknowledged.
Registration with RNPM can be made immediately after the signature of the document or afterwards. We highly recommend our clients to register it with RNPM before asking for its foreclosure procedure at the latest. Our team has proceeded to numerous successful registrations with the RNPM before Law no. 196/2020 entered into force, so we can assist you with these formalities as well. Should you want to register various documents with RNPM, please do not hesitate to contact us.
The following documents under private signature stand as writs of execution:
- Credit titles: promissory notes, cheque, bill;
- Credit contracts;
- Personal guaranty contracts;
- Lease contracts between owners and tenants;
- Loan contracts closed between lenders and borrowers, as well as those closed between CAR;
- Agricultural lease contracts closed between agricultural lenders and agricultural borrowers;
- Mandatory insurance contracts for RCA civil liability;
- Legal assistance contracts.
As authorized agents, we have the right to operate in the Electronic Archive for Movable Guaranties (RNPM). Therefore, in strict compliance with the confidentiality obligation we offer the following services in order to ensure the necessary conditions to protect your patrimony and to make sure that you are safe:
Specialized consultancy services regarding RNPM matter;
Verifying any kind of information regarding the natural or legal persons registered, the legal documents, goods in the National Registry for Movable Publicity;
Registering in the National Registry for Movable Publicity the initial specific approval form with the following destination:
- Publicity of immunity clause
- Publicity of “interdiction to sell” clause
- Publicity of property reserve clause
- Publicity of redemption pact
- Publicity of debt assignment
- Publicity of declaration of nullity
- Publicity of cancellation declaration
- Publicity of court decree regarding documents that seriously jeopardize the family’s interests
- Publicity of matrimonial regime
- Publicity of usufruct on debts
- Publicity on rent anticipated payment
- Publicity on debt assignment regarding rent
- Publicity of writs of execution acknowledged by documents under private signature.
- Other documents/legal facts subject to publicity according to the law.
Please keep in mind that all documents can be amended if necessary or in case of occurrence of material errors regarding the parties, the legal documents or goods registered; they can be extended, reactivated or set off.
For the initial mortgage approval form, the destination of the registration can be:
Guaranteed creditor /Debtor □
Lessee / Lessor (financer) □
Consignee/ Consignor □
Seller / Buyer □
Agricultural obligations □
Other documents such as: Mortgaged goods, attached to real estate properties, mortgage vehicles, Debts as per art. 2.389 letter a) and b) Civil Code, Actions/ Shares/ Assets/ Other financial instruments, bank account, Equipment/ Installations/ Other goods destined for the capitalization of an enterprise, insurance policies, harvests, agricultural tools, livestock, stocks, goodwill or others similar to the above.
Regarding the registration procedure, it consists of 3 simple stages:
- The creditor or its representative fills in a standard form with the proper data included in the collateral security agreement.
- The form is signed, scanned and sent to the operator at the following email address: email@example.com with the following documents:
- Applicant natural person – copy on the IC/BI/Passport (for the authorized agent: authentic power of attorney/ power of attorney)
- Applicant legal person: proof on the capacity of legal representative + copy on the IC/BI/Passport (for the authorized agent: authentic power of attorney/ power of attorney)
- The applicant pays the RNPM tax via bank transfer.
- The operator proceeds to the registration with RNPM of the data in the form filled in by the applicant.
- The operator sends to the applicant proof on registering the writ of execution with the RNPM.
In order to offer support in relation to the operations specific to RNPM, do not hesitate to contact us.