jurisdiction

Bosnia and Herzegovina

1. Is notarisation required and are fees payable? 

Yes, for the pledge over shares in joint stock companies (in Bosnian “dionička društva”) (JSCs) and the mortgage.

Fees payable depending on the value of the pledge or mortgage:

  1. From BAM 0 – 5,000.00 (EUR 2,552.08) the notary fee is BAM 200.00 (EUR 102.08).
  2. From BAM 5,000.00 (EUR 2,552.08) – 50,000.00 (EUR 25,520.76) the notary fee is BAM 270.00 (EUR 137.81).
  3. From BAM 50,000.00 (EUR 25,520.76) – 100,000.00 (EUR 51,041.51) the notary fee is BAM 350.00 (EUR 178.65).

plus 
VAT (17 %).

2. Do the following securities / deeds require to be registered in the Local Property Register and what fees are payable? 

2.1 Shares Pledge – over shares in LTDs and JSCs 

It has to be registered with the relevant Securities Registry and / or Pledge Registry. Some registries of business companies will also register the established pledge over LTDs.

2.2 Bank Accounts Pledge

It has to be registered with the Pledge Registry and the bank shall be informed so it can take adequate measures in case of enforcement.

2.3 Receivables Pledge / Insurance Pledge (amounts collectable from policies)

It has to be registered with the Pledge Registry.

2.4 Movable Pledges 

It has to be registered with the Pledge Registry.

2.5 Mortgage

Yes. The mortgage must be registered with the relevant Land Registry and the underlying mortgage agreement must be in the form of a notarial deed.

2.6 Guarantee 

No, unless there is cross border element, in which case it has to be reported to the competent Ministry of Finance.

3. Do the following securities / deeds require to be registered at the local Registrar of Companies and what fees are payable? 

3.1 Shares Pledge – over shares in JSCs 

Yes. It shall be registered with the relevant Securities Registry. The fees payable to the Securities Registry amount to 0.1% of the nominal value, and at least BAM 10.00 (EUR 5.10).

3.2 Bank Accounts Pledge 

Yes. It shall be registered with the relevant Pledge Registry according to the Framework Law on Pledges. 
The registration for the Registry service amounts to BAM 200.00 (EUR 102.08). The fees payable to the Pledge Registry consist of basic remuneration of BAM 5.00 (EUR 2.55), and additional fees depending on the duration of registration.

3.3 Receivables Pledge / Insurance Pledge (only receivables to be collected under insurance policies) 

Yes. It shall be registered with the relevant Pledge Registry. 
The registration for the Registry service amounts to BAM 200.00 (EUR 102.08). The fees payable to the Pledge Registry consist of basic remuneration of BAM 5.00 (EUR 2.55), and additional fees depending on the duration of registration.

3.4 Movable Pledges 

Yes. It shall be registered with the relevant Pledge Registry. 
The registration for the Registry service amounts to BAM 200.00 (EUR 102.08). The fees payable to the Pledge Registry consist of basic remuneration of BAM 5.00 (EUR 2.55), and additional fees depending on the duration of registration.

3.7 Guarantee 

No, unless there is cross border element, in which case it has to be reported to the competent Ministry of Finance.

3.8 IP rights 

Yes. It shall be registered with the relevant Registry of the Intellectual Property Institute. The fees payable for registration of the pledge over IP rights amount from BAM 60.00 (EUR 30.62) to BAM 80.00 (EUR 40.83) depending on the individual IP right.

Please note that while the information on this page was current and accurate as at 7/12/16, it may no longer be current or accurate and so you must speak to your local CMS Banking contact if you require confirmation of any of the costs or fee levels as at today’s date!