Rulebook on the Register of Leasing Objects

UNOFFICIAL CLEANED TEXT
RULEBOOK ON THE REGISTER OF LEASING OBJECTS
(Narodne novine No. 63/14, 16/15 and 142/22)
The Rulebook on Amendments to the Rulebook on the Register of Leasing Objects (NN No. 142/22) entered into force and applies from January 1, 2023.

I. GENERAL PROVISIONS
Article 1.
(1) By this Rulebook, the Croatian Financial Services Supervisory Agency (hereinafter: the Agency) prescribes the content, manner, and form of maintaining the Register of Leasing Objects (hereinafter: the Register). (2) The Rulebook specifically regulates the types of data entered into the Register as well as the procedures for entering, amending, deleting, and deactivating data on leasing objects in the Register.
Article 2.
(1) The Agency is obliged to make data on the detailed specification of the leasing object, the date of conclusion of the contract, the date of the agreed end of the contract, and the months of the contract duration publicly available via the appropriate interface on the Agency's website. (2) The data from paragraph 1 of this Article are publicly available as long as the leasing object is active in the Register. (3) Everyone has the right to access, without proving a legal interest, the data from paragraph 1 of this Article entered in the Register. (4) When verifying data on a leasing object in the Register, the person performing the verification may download an appropriate electronic certificate proving that they performed a specific verification in the Register.
II. MANNER OF MAINTAINING THE REGISTER OF LEASING OBJECTS
Article 3.
The Register is maintained in electronic form.
III. DATA ENTERED INTO THE REGISTER
Article 4.
(1) The following data are entered into the Register:

1. data on the leasing provider,
2. data on the leasing recipient,
3. data on the supplier of the leasing object,
4. specification of the leasing transaction,
5. number of the leasing contract,
6. detailed specification of the leasing object,
7. date of conclusion of the contract,
8. date of the end of the contract,
9. duration of the contract,
10. identification number of the object with the leasing provider.
    (2) The data from paragraph 1 of this Article, items 1–9, must correspond to the data in the leasing contract and its amendments and/or supplements.

Article 5.
(1) Data on the leasing object from the leasing contract are entered into the Register. Under one leasing contract, multiple leasing objects may be entered into the Register.
(2) If a leasing contract finances multiple leasing objects whose individual value with VAT is greater than 4,000.00 euros, each object is entered into the Register separately.
(3) If a leasing contract finances multiple objects (where the leasing object is facilities, machinery, transport devices, and equipment, and others) with an individual value of less than 4,000.00 euros with VAT, these objects are entered into the Register as one leasing object in such a way that under Brand/Description, a short description of the financed leasing objects is entered. (4) If a leasing contract finances one or more objects (where the leasing object is facilities, machinery, transport devices, and equipment, and others) with an individual value greater than 4,000.00 euros and multiple objects with an individual value of less than 4,000.00 euros, all objects with an individual value greater than 4,000.00 euros are entered into the Register separately, while multiple objects with an individual value of less than 4,000.00 euros are entered into the Register as one leasing object in such a way that under Brand/Description, a short description of the financed leasing objects is entered. (5) If one object (real estate) is financed with two leasing contracts (separately for the building, and separately for the land on which the building is located), only the data from the contract relating to the building are entered into the Register. (6) If a leasing contract finances multiple leasing objects that together form an indivisible whole, and only one of the objects has a unique identifier, they are entered into the Register as one leasing object. (7) If one leasing object is financed by two or more leasing providers, or part of a leasing object is financed by one or more leasing providers, such that each of them owns a part of the ownership rights of that object, each of them enters the said object into the Register in such a way that under Brand/Description, in addition to the data from Article 11, paragraph 3 of this Rulebook, they enter their co-ownership share in the form of a percentage of ownership of the entire leasing object. Data on the leasing provider
Article 6.
Data on the company name, seat, and OIB (Personal Identification Number) of the leasing provider are not entered into the Register but are retrieved from the Register of Leasing Companies maintained by the Agency itself at the time of submitting the report by an authorized person of the leasing provider. Data on the leasing recipient
Article 7.
(1) The following data on the leasing recipient are entered into the Register: company name or first and last name, seat or address of residence, country, and OIB.
(2) In the case that the leasing recipient is a legal entity, the company name is entered into the Register, while in the case that the leasing recipient is a natural person, the first and last name are entered into the Register. (3) In the case that the leasing recipient is a natural person, the address of residence of the natural person is entered as the seat. (4) In the case that the leasing recipient is a foreign natural or legal person (not a resident of the Republic of Croatia) to whom an OIB has not been assigned, it does not need to be entered into the Register. (5) The Agency will handle the data from this Article in accordance with regulations governing the protection of personal data.

Data on the supplier of the leasing object
Article 8.
(1) The following data on the supplier of the leasing object are entered into the Register: company name or first and last name, seat or address of residence, country, and OIB.
(2) In the case that the supplier of the leasing object is a legal entity, the company name is entered into the Register, while in the case that the supplier of the leasing object is a natural person, the first and last name are entered into the Register. (3) In the case that the supplier of the leasing object is a natural person, the address of residence of the natural person is entered as the seat. (4) In the case that the supplier of the leasing object is a foreign natural or legal person (not a resident of the Republic of Croatia) to whom an OIB has not been assigned, it does not need to be entered into the Register. (5) The Agency will handle the data from this Article in accordance with regulations governing the protection of personal data. Specification of the leasing transaction
Article 9.
When entering the specification of the leasing transaction into the Register, the type of leasing is entered. A leasing transaction can be a financial leasing transaction or an operational leasing transaction. Number of the leasing contract
Article 10.
The number of the contract indicated in the leasing contract is entered into the Register.
Detailed specification of the leasing object
Article 11.
(1) When entering the detailed specification of the leasing object into the Register, the following are entered: type of leasing object, brand/description, model/type, and unique identifier.
(2) Types of leasing objects can be:

1. real estate – represent construction objects and land which are entered into the Register as one object;
2. passenger vehicles;
3. commercial vehicles;
4. vessels;
5. aircraft;
6. facilities, machinery, transport devices, and equipment;
7. others – all leasing objects that cannot be classified into the above types.
   (3) Under Brand/Description, the manufacturer's name must be entered. An exception is the entry of real estate, where the Municipal Court in whose land registers the real estate is recorded, the cadastral municipality, and any sub-plot are entered.

(4) Model/Type represent the designation that the manufacturer or supplier indicates on the invoice or offer for the leasing object. An exception is the entry of real estate, where a short description of the real estate (e.g., house, apartment, garage, etc.) is entered. (5) The unique identifier is a unique designation of the leasing object displayed on the leasing object itself and represents:
– for passenger vehicles – the vehicle chassis number; – for commercial vehicles – the vehicle chassis number; – for vessels – the hull serial number; – for aircraft – the hull serial number; – for real estate – the land register sheet number (in the case that the real estate is located on multiple land register sheets, only one land register sheet number must be indicated); – for facilities, machinery, transport devices, and equipment – serial number; – for others – serial number. (6) When entering leasing objects into the Register, the entry of the unique identifier is mandatory if it is known at the time of concluding the contract. (7) If on the day of concluding the leasing contract the data on the detailed specification of the leasing object are not known, the leasing provider is obliged to provide them no later than within eight days from the day of handing over the leasing object to the leasing recipient. (8) If, when entering facilities, machinery, transport devices, and equipment, and others, the serial number of the leasing object does not exist, the unique identifier does not need to be entered. (9) If a leasing contract, in which the leasing objects are facilities, machinery, transport devices, and equipment, or others, finances multiple objects with an individual value of less than 4,000.00 euros that have a serial number and are entered into the Register as one object, it is not necessary to enter the unique identifier. Date of conclusion of the contract
Article 12.
The date of conclusion of the leasing contract, which represents the date when the contracting parties signed the leasing contract and which is indicated on the leasing contract itself, is entered into the Register. Date of the end of the contract
Article 13.
The date of the agreed expiration of the leasing contract is entered into the Register.
Duration of the contract
Article 14.
The agreed duration of the contract expressed in the number of months is entered into the Register.
Identification number of the object with the leasing provider
Article 15.
The leasing provider enters an arbitrary sequence of characters into the Register that represents the identification number of the leasing object by the leasing provider. The leasing provider is obliged to keep the identification number of the leasing object with due care because the leasing provider performs all potential amendments of data in the Register via it.

IV. DELIVERY OF DATA TO THE REGISTER
Method of delivery
Article 16.
(1) Data are delivered to the Register in the form of an electronic form via the appropriate interface on the Agency's website.
(2) By delivering in the form of an electronic form, after successful verification of their formal correctness, the data are automatically entered into the Register.
(3) Upon delivery of data to the Register, an electronically generated certificate electronically signed by the Agency is issued, which is valid and represents proof of the delivery performed. Person authorized to deliver data
Article 17.
(1) Data delivery to the Register is performed by an authorized person of the leasing provider who is authorized by the leasing provider to deliver data to the Register and who has received the appropriate access and usage rights from the Agency. (2) The leasing provider is obliged to deliver to the Agency the first and last name and personal ID number of one or more persons authorized to deliver data on behalf of the leasing provider. (3) The Agency will grant the person from paragraph 2 of this Article the necessary powers for access and submission of data for delivery to the Register. (4) The powers of the person from paragraph 2 of this Article authorized to deliver data are not transferable to other persons. (5) The Agency will handle the data from paragraph 2 of this Article in accordance with regulations governing the protection of personal data. Entry of data into the Register
Article 18.
(1) The leasing provider is obliged to deliver the data from Article 4 of this Rulebook to the Agency within eight days from the day of concluding the leasing contract, except in the case of Article 11, paragraph 7 of the Rulebook. (2) By entering data on the leasing object into the Register, the leasing object is maintained as an active object, and the data from Article 2 of this Rulebook become publicly available. (3) Data on leasing objects entered into the Register can be changed, deleted, and deactivated. Amendments of data in the Register
Article 19.
(1) In the case of any amendment of data on the leasing object resulting from a subsequent amendment or supplement to the leasing contract, the leasing provider is obliged to enter the resulting amendments into the Register within eight days from the amendment or supplement of the leasing contract. (2) The following data can be changed by amending data in the Register: company name or first and last name, seat or address of residence, country, and OIB of the leasing recipient, date of expiration of the leasing contract, and duration of the contract.

(3) In the case of Article 11, paragraph 7 of this Rulebook, the unique identifier can also be changed by amendment.
(4) In the case of multiple amendments of the same data on one leasing object, the last amendment is considered valid.
(5) Amendment of data entered in the Register is performed via the identification number of the object with the leasing provider.
Deletion (cancellation) of data in the Register
Article 20.
(1) In the case of an error when entering data into the Register, the entered data on the leasing object are not changed but deleted (cancelled).
(2) Deletion (cancellation) of data entered in the Register is performed via the identification number of the object with the leasing provider.
(3) After deleting (cancelling) incorrectly entered data on the leasing object, if necessary, correct data on the leasing object are re-entered using the same identification number of the object with the leasing provider. Deactivation of the leasing object in the Register
Article 21.
(1) The leasing provider is obliged to deactivate the leasing object within eight days from the cessation of the activity of the leasing object by entering the date of deactivation into the Register. (2) For the purpose of data delivery to the Register, a leasing object is considered not active when:

1. the leasing provider has transferred ownership of the leasing object to the leasing recipient,
2. the leasing provider has control over the leasing object, i.e., can dispose of it without hindrance,
3. the leasing object no longer exists,
   regardless of any unpaid obligations of the leasing recipient.
   (3) In addition to the transfer of ownership, the conditions under which the object is no longer considered active are situations where circumstances for the transfer of ownership to the leasing recipient or a new buyer have occurred. (4) The leasing provider has control over the leasing object when, upon the regular expiration or early termination of the leasing contract, they can dispose of it without hindrance. The leasing provider does not have control over the leasing object when it has been concealed or stolen. The said object must be maintained by the leasing provider as an active object in the Register until the leasing provider gains control over the leasing object, the object no longer exists, or circumstances arise that lead to the object no longer needing to be in the Register. (5) An object does not exist in the case of total damage due to which it can no longer be the subject of a leasing contract. In the said case, the date of receipt of the notice from the insurance company about the occurrence of total damage must be entered as the date of deactivation. (6) After deactivation, it is not permitted to use the same identification number of the object with the leasing provider. An exception to the said rule applies to the situation where incorrect deactivation occurred or the need for re-activation of the same object arises. In that case, the deactivation must be cancelled and the data on the object re-entered using the same identification number of the object with the leasing provider.

(7) If the object that was deactivated from the Register is the subject of a new leasing contract, it is entered into the Register as a new object with a new identification number of the object with the leasing provider. (8) By deactivating the leasing object in the Register, data on the leasing object cease to be publicly available. (9) A leasing object is not automatically deactivated upon the occurrence of the date of expiration of the leasing contract entered in the Register, but remains active until the moment of its deactivation by the leasing provider.
Article 22.
The Agency is not responsible for the accuracy and truthfulness of data entered into the Register.
V. TECHNICAL INSTRUCTIONS FOR THE PREPARATION AND DELIVERY OF DATA TO THE REGISTER OF LEASING OBJECTS
Article 23.
The Agency will adopt Technical Instructions for the preparation and delivery of data to the Register, which will contain a description of the prescribed form and manner of delivering data to the Register, as well as the registration of users in the system for the delivery of electronic reports.
VI. INTERNAL ACT
Article 24.
The leasing company must have developed policies and procedures regulating the process of delivering data on leasing objects to the Register, i.e., the procedure for entering, amending, deleting, and deactivating data on leasing objects, in such a way as to ensure compliance with this Rulebook.
VII. TRANSITIONAL AND FINAL PROVISIONS
Article 25.
This Rulebook enters into force on the eighth day from the day of publication in "Narodne novine", with the beginning of application from July 1, 2014.
Article 26.
Until the day of application of this Rulebook, the Rulebook on the Manner and Form of Maintaining the Register of Leasing Objects ("Narodne novine" No. 113/11) and the Rulebook on the Amount, Manner, and Deadline for Payment of the Fee for Maintaining the Register of Leasing Objects ("Narodne novine" No. 65/09) apply.