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Pledge (záložné právo)
Pledges over movable property, receivables and other values determined by law are registered in the Notarial Central Register of Pledges (Notársky centrálny register záložných práv); pledges over immovable property are entered in the land registry (kataster). The manner in which a pledge arises and the effects of registration depend on the object of the pledge and on the relevant regulation.
What the service means
What a pledge is and what the notary does
A pledge is security for a claim: if the debtor fails to pay, the creditor may obtain satisfaction from the pledged asset. The pledgor is the person who gives the asset in pledge; the pledgee is the person whose claim is being secured. The pledged asset as a rule remains with the pledgor, who may continue to use it in the usual manner.
In this matter, at the notary we as a rule:
- advise on the pledge and its security function,
- draw up the pledge agreement (it may also take the form of a notarial deed),
- if the pledge is one that belongs in the register, register the data determined by law and issue an extract,
- later record a change of data, the notation of the commencement of enforcement of the pledge, or the deletion after the secured claim has ceased to exist.
Important — the register does not cover immovable property. Pledges over immovable property, flats and non-residential premises are entered in the land registry (kataster), not in this register. The Notarial Central Register of Pledges serves in particular for pledges over movable property, receivables, undertakings and other assets. Registration secures priority and publicity — it does not guarantee payment of the secured claim.
The procedure
How it usually proceeds
The pledge agreement. The parties conclude a pledge agreement (the pledgor and the pledgee).
Application for registration. The authorised person applies for registration (on the basis of a written agreement, as a rule the pledgor; in other cases the pledgee).
Verification and entry. The notary verifies the documents and identity and registers the data.
Registration and extract. Where the law makes the creation of the pledge conditional upon registration, it arises upon registration in the register; for other types the law may determine a different manner of creation. The notary issues an extract on the registration carried out.
Later, as needed: a change of data, the notation of the commencement of enforcement, deletion. Deletion is as a rule applied for by the creditor, but the pledgor may also apply for it if he or she has the necessary confirmations and documents from the creditor.
The application may be filed with any notary; the register is public and accessible through the website of the Chamber of Notaries (Notárska komora).
Let's arrange a meeting
Write to us or call — we will agree on an appointment and prepare a list of documents for your matter.
Do not send sensitive documents by ordinary e-mail without prior arrangement with the office.