Registry searches, annotations and cancellations

Articles 42 et seq. of the Registration Rules govern the provision of information on registrations, annotations and cancellations, extracts from all register books, uncertified copies of registered and annotated instruments or cancellation instruments, and certificates confirming the presence or absence of entries. Article 49 expressly makes the Registry Agency liable for damage resulting from inaccuracies in the certificates and copies it issues. Providing a search by person or a certificate of entries on a person’s register account is administrative in nature: issuing such a document in discharge of the Agency’s statutory duty is an administrative service. Under Article 2 of its organisational regulations the Agency is an administration attached to the Minister of Justice. Within the meaning of Article 54 of the Administration Act, it provides administrative services to individuals and legal entities and performs activities and services supporting public authorities and the administration. Its staff therefore perform an administrative function when issuing the information and certificates provided for in Articles 42 et seq. of the Registration Rules. Liability for damage suffered in the performance of that function is governed by Article 1 of the State and Municipalities Liability for Damage Act. This approach is reflected in decisions of five-member panels involving the Supreme Administrative Court and panels of the Supreme Court of Cassation in disputes over jurisdiction between the ordinary and administrative courts concerning damages claims against the Agency for such acts of its staff. Examples are Supreme Court of Cassation Order No. 30 of 28 October 2016 in civil case No. 17/2016 and Supreme Administrative Court Order No. 61 of 5 October 2017 in administrative case No. 45/2017. See also Supreme Court of Cassation Order No. 566 of 23 November 2017 in interlocutory civil case No. 3899/2017. The amendment to Article 28 of the Commercial Register Act published in State Gazette No. 105/2016 also illustrates the legislature’s view of the administrative character of relations with the Agency as part of the executive and the resulting consequences for compensation claims.

This article does not provide a legal opinion or advice about any particular person or situation. For assistance with a similar case, consult a lawyer practising in civil law.