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/me Official translation 4 March 2010 Government of the Republic of Lithuania resolution No 1246 of 18 October 2001 on t

/me Official translation 4 March 2010 Government of the Republic of Lithuania resolution No 1246 of 18 October 2001 on the approval of the regulations of the MORTGAGE Register of the Republic of Lithu

Art. 50

(7)(b) of the Law on the Approval, Entry into Force, and Implementation of the Civil Code of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 74-2262, 2000) and with a view to implementing par. 7 of the Plan of Measures for the Implementation of the Civil Code of the Republic of Lithuania approved by Resolution No 1506 of the Government of the Republic of Lithuania of 27 December 2000 On the Approval of the Plan of Measures for the Implementation of the Civil Code of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 113-3631, 2000), the Government of the Republic of Lithuania h a s r e s o l v e d:
  1. To approve the Regulations of the Mortgage Register of the Republic of Lithuania (as appended);
  2. To repeal: 2.
  3. Resolution No 893 of the Government of the Republic of Lithuania of 7 August 1997 On the Approval of the Regulations of the Register of Mortgages of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 75-1948, 1997); 2.
  4. Resolution No 396 of the Government of the Republic of Lithuania of 3 April 1998 On the Amendment of Resolution No 893 of the Government of the Republic of Lithuania of 7 August 1997 On the Approval of the Regulations of the Register of Mortgages of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 33-890, 1998); 2.
  5. Resolution No 1162 of the Government of the Republic of Lithuania of 28 September 1998 On the Amendment of Resolution No 893 of the Government of the Republic of Lithuania of 7 August 1997 On the Approval of the Regulations of the Register of Mortgages of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 86-2402, 1998); 2.
  6. Resolution No 117 of the Government of the Republic of Lithuania of 2 February 2001 On the Amendment of Resolution No 893 of the Government of the Republic of Lithuania of 7 August 1997 On the Approval of the Regulations of the Register of Mortgages of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 12-340, 2001);
  7. To establish that legal mortgages shall be registered in the Mortgage Register of the Republic of Lithuania upon the entry into force of the new Code of Civil Procedure of the Republic of Lithuania. Prime Minister Algirdas Brazauskas Minister of Justice Vytautas Markevičius APPROVED by Resolution No 1246 of the Government of the Republic of Lithuania of 18 October 2001 (as amended by Resolution No 1079 of the Government of the Republic of Lithuania of 10 October 2007) REGULATIONS OF THE MORTGAGE REGISTER OF THE REPUBLIC OF LITHUANIA I. GENERAL PROVISIONS
  8. The Regulations of the Mortgage Register of the Republic of Lithuania (hereinafter referred to as „these Regulations“) govern the purpose of the Mortgage Register of the Republic of Lithuania (hereinafter referred to as „the Register“), its objects, Register management bodies, their rights, duties and functions, as well as the processing of data of the Register, its interaction with other registers, protection of data of the Register, delivery and transmission of data to foreign states, financing of the Register, and its reorganization and liquidation.
  9. The purpose of the Register is to register objects of the Register indicated in par. 3 of these Regulations, to collect, compile, process, systematize, store data and documents of the Register and deliver them to natural and legal persons, perform other actions for the purpose of processing data of the Register.
  10. Objects of the Register are: transactions involving pledge (mortgage) of things specified in Art. 4.171 of the Civil Code of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 74-2262, 2000), as well as pledge transactions specified in par. 2 of Art. 4.209 of the Civil Code of the Republic of Lithuania.
  11. Personal data shall be handled for the purpose of collecting, compiling, processing, systemising, storing and delivering complete and accurate information on the objects of the Register. Data of the Register shall be compiled in a single database of the Register.
  12. Suppliers of data to the Register are persons who have filed, in accordance with these Regulations, applications for registration/deregistration of transactions of contractual and/or legal mortgage or contractual and/or legal pledge or changes to such transactions. For the purpose of these Regulations, the term “mortgage” shall include both types of mortgage, and the term “pledge” shall include both types of pledge, unless the particular type of mortgage or pledge is expressly specified in these Regulations.
  13. The key terms used in these Regulations shall have the meanings ascribed to them in the Civil Code of the Republic of Lithuania, the Law of the Republic of Lithuania on State Registers, and other legal acts of the Republic of Lithuania.
  14. The Register shall be managed in accordance with the Civil Code of the Republic of Lithuania, the Code of Civil Procedure of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 36-1340, 2002), the Law of the Republic of Lithuania on the Establishment of the Register of Mortgages (Valstybės žinios (Official Gazette) No 100-2266, 1996; No 63-1469, 1997), the Law of the Republic of Lithuania on Courts (Valstybės žinios (Official Gazette) No 46-851, 1994; No 17-649, 2002), the Law of the Republic of Lithuania on State Registers (Valstybės žinios (Official Gazette) No 86-2043, 1996; No 124-4488, 2004), the Law of the Republic of Lithuania on Legal Protection of Personal Data (Valstybės žinios (Official Gazette) No 63-1479, 1996; No 15-597, 2003), these Regulations, and other legal acts governing operations of state registers. ii. REGISTER management bodies
  15. The Ministry of Justice shall act as the leading Register management body (hereinafter referred to as „the leading Register management body“). Register management bodies – mortgage offices at district courts (hereinafter referred to as „mortgage offices“) and the Central Mortgage Office.
  16. The leading management body of the Register shall have the following rights and duties: 9.
  17. The leading Register management body shall have the duty to: 9.1.
  18. coordinate activities of Register management bodies, provide them with methodological guidance, and perform oversight of these activities in accordance with legal acts; 9.1.
  19. set the requirements and measures for ensuring safety of data in the Register, oversee adherence to these requirements and measures; 9.1.
  20. approve forms of mortgage and pledge bonds; 9.1.
  21. approve instructions for completing documents that are filed with the Register for registration, and forms of certificates issued by the Register; 9.1.
  22. plan annual and prospective budgets of the Register and control their implementation; 9.1.
  23. provide information about operations of the Register; 9.1.
  24. control office support and financial activities of mortgage offices; 9.1.
  25. organise and coordinate training for civil servants and employees of mortgage offices, develop training and qualification-advancement programmes and other methodological instruments in relation to the advancement of qualifications; 9.1.
  26. make sure that the Register is managed in accordance with the Law of the Republic of Lithuania on State Registers, these Regulations, and other legal acts. 9.
  27. The leading Register management body shall have the right to: 9.2.
  28. draft and adopt legal acts related to the management of the Register and to the protection of data of the Register; 9.2.
  29. organise and coordinate the allocation of funds for the acquisition of hardware, software, communicational and office equipment for the Register, set requirements for the maintenance of the said equipment, decide issues related to the modernisation and development of the Register; 9.2.
  30. carry out other tasks and functions provided for in these Regulations, the Law of the Republic of Lithuania on State Registers, and the Law of the Republic of Lithuania on Legal Protection of Personal Data.
  31. The leading Register management body shall act as the controller of personal data; Register management bodies shall act as processors of personal data.
  32. Mortgage offices shall have the following functions: 11.
  33. register applications for registration of a mortgage or pledge, or refuse to satisfy applications for registration of a mortgage or pledge; 11.
  34. enter data into the Register and register mortgages or pledges in the Register; 11.
  35. in accordance with these Regulations, register changes of the data of the Register, deregister mortgages or pledges, make entries specified in par. 70 of these Regulations; 11.
  36. correct registration mistakes in the cases laid down in these Regulations and notify interested parties thereof in writing; 11.
  37. ensure safety of data managed by them in the Register; 11.
  38. deliver data of the Register to natural and legal persons in accordance with legal acts of the Republic of Lithuania and these Regulations; 11.
  39. keep the archive of documents (copies) filed with the Register for registration and ensure safety of the archive; 11.
  40. carry out other tasks and functions provided for in these Regulations, the Law of the Republic of Lithuania on State Registers, and the Law of the Republic of Lithuania on Legal Protection of Personal Data.
  41. The Central Mortgage Office shall have the following functions: 12.
  42. manage the database of the Register, compile, update and store data of the Register entered by mortgage offices; 12.
  43. ensure safety of data in the Register and security of data transmission networks, make proposals to the leading Register management body concerning improvements to be made to enhance safety of data in the Register; 12.
  44. maintain hardware and software of the Register, perform technical maintenance of the database of the Register; 12.
  45. determine the interaction with associated registers, transmit data of the Register to associated registers, receive data from associated registers; 12.
  46. deliver data of the Register to data recipients, conclude data delivery (exchange) contracts, administer the system of distribution of data of the Register; 12.
  47. provide methodological and informational assistance to mortgage offices on issues related to the management of the Register, organise training for civil servants and employees who manage the Register, document the practice of registering, changing and deregistering data of the Register and performing other operations with the data, provide recommendations concerning general practices; 12.
  48. organise qualification-advancement courses for civil servants and employees of the Central Mortgage Office and mortgage offices; 12.
  49. provide methodological and informational assistance to suppliers and recipients of data of the Register; 12.
  50. provide statistics of the Register; 12.
  51. keep the archive of the database of the Register; 12.
  52. carry out other tasks and functions provided for in these Regulations, the Law of the Republic of Lithuania on State Registers, and the Law of the Republic of Lithuania on Legal Protection of Personal Data.
  53. While carrying out their functions, Register management bodies shall ensure: 13.
  54. uninterrupted functioning of the Register; 13.
  55. full match between the data in the Register and the data provided in documents filed with Register management bodies; 13.
  56. that only latest updated data from associated registers are used for data verification purposes; 13.
  57. that any incorrect, inaccurate or incomplete data of the Register or any changes in the data of the Register are immediately corrected or updated, or missing data entered, in accordance with these Regulations; 13.
  58. that recipients of data from the Register who have been given incorrect, inaccurate or incomplete data of the Register are notified of the correction of the inaccuracies; 13.
  59. that the Register is managed in accordance with these Regulations and other legal acts of the Republic of Lithuania.
  60. While carrying out their functions, Register management bodies shall have the right to: 14.
  61. demand that the data, changes of the data, and documents delivered by suppliers of data to the Register be duly written out, delivered in a timely manner and match the data in associated Registers; 14.
  62. determine the principles and procedures for organising operations of the Register; 14.
  63. perform other actions specified in these Regulations. III. data of the register
  64. The following data on contractual mortgages shall be entered in the Register: 15.
  65. the date and time of registration of an application for registration of a contractual mortgage in the register of applications received at the mortgage office, reference number of the application, date and identification number of registration of the contractual mortgage in the Register; 15.
  66. the date and place of conclusion of the transaction; 15.
  67. the debtor (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person); 15.
  68. the owner of the mortgaged thing (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person); 15.
  69. the creditor (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person); 15.
  70. the mortgaged thing (type, location, identification number, and other data identifying the thing); 15.
  71. the total valuation price of the mortgaged things; 15.
  72. the obligation secured by the contractual mortgage; 15.
  73. the exact or maximum amount of the obligation secured by the contractual mortgage, as well as the date of fixing the amount of the debt provided that it has been agreed upon at the time of concluding a contract on a maximum mortgage; 15.
  74. the date of performance of the obligation; 15.
  75. interest; 15.
  76. conditions and claims: 15.12.
  77. the intended use of the loan, where a maximum mortgage is being registered; 15.12.
  78. where the obligation becomes due at the creditor’s claim, the moment from which the creditor may lodge the claim; 15.12.
  79. the condition that triggers the entry of the mortgage into effect, or the condition that triggers the closure of the mortgage, where a conditional mortgage is being registered; 15.12.
  80. prohibition to transfer the claim on a contractual mortgage, where the parties have agreed so; 15.12.
  81. priority in a foreclosure sale of things, where a blanket mortgage is being registered; 15.
  82. the person who has filed the application for registration of a contractual mortgage (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person).
  83. The following data on contractual pledges shall be entered in the Register: 16.
  84. the date and time of registration of an application for registration of a contractual pledge in the register of applications received at the mortgage office, reference number of the application, date and identification number of registration of the contractual pledge in the Register; 16.
  85. the date and place of conclusion of the transaction; 16.
  86. the debtor (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person); 16.
  87. the pledgor (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person); 16.
  88. the creditor (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person); 16.
  89. a person to whom the object of the pledge was transferred (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person); 16.
  90. description of the object of the pledge so that it can be identified. Where the object has special marks, description of these marks; 16.
  91. the total valuation price of the objects of the pledge; 16.
  92. the obligation secured by the contractual pledge, exact or maximum amount of the obligation, as well as the date of fixing the amount of the debt provided that it has been agreed upon at the time of concluding a contract on a maximum pledge; 16.
  93. interest; 16.
  94. the date of performance of the obligation; 16.
  95. conditions and claims: 16.12.
  96. agreement to allow the transfer of the object of the pledge; 16.12.
  97. agreement to prohibit to re-pledge the object of the pledge; 16.12.
  98. where the obligation becomes due at the creditor’s claim, the moment from which the creditor may lodge the claim; 16.12.
  99. the condition that must be present for the creditor’s claim to be in effect or that triggers the entry of the creditor’s claim into effect, where a conditional pledge is being registered; 16.12.
  100. prohibition to transfer the right of claim arising from the pledge, where the parties have agreed so; 16.
  101. the order of enforcement on the objects of the pledge (in the case of a blanket mortgage); 16.
  102. the person who has filed the application for registration of a contractual pledge (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person).
  103. Where a thing (property right) is pledged and a contractual mortgage or contractual pledge is registered by a unilateral application of the owner of the object of the pledge to whom a bearer bond is issued with respect to the contractual mortgage or contractual pledge, the creditor shall not be specified in the Register.
  104. The following data on legal mortgages shall be entered in the Register: 18.
  105. the date and time of registration of an application for registration of a legal mortgage in the register of applications received at the mortgage office, reference number of the application, date and identification number of registration of the legal mortgage in the Register; 18.
  106. the debtor (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person); 18.
  107. the creditor (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person); 18.
  108. the mortgaged thing (type, location, identification number, and other data identifying the thing); 18.
  109. the total valuation price of the mortgaged things; 18.
  110. claims secured by the legal mortgage; 18.
  111. amount of the claim; 18.
  112. the term of the legal mortgage; 18.
  113. default interest; 18.
  114. the grounds for establishing the legal mortgage; 18.
  115. the moment from which the creditor may claim the performance of the obligation, where the obligation becomes due at the creditor’s claim; 18.
  116. the person who has filed the application for registration of a legal mortgage (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person).
  117. The following data on legal pledges shall be recorded in the Register: 19.
  118. the date and time of registration of an application for registration of a legal pledge in the register of applications received at the mortgage office, reference number of the application, date and identification number of registration of the legal pledge in the Register; 19.
  119. the debtor (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person); 19.
  120. the creditor (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person); 19.
  121. a person to whom the object of the pledge was transferred (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person); 19.
  122. description of the object of pledge so that it can be identified. Where the object has special marks, description of these marks; 19.
  123. the total valuation price of the objects of the pledge; 19.
  124. claims secured by the legal pledge; 19.
  125. default interest; 19.
  126. amount of the claim; 19.
  127. the term of the legal pledge; 19.
  128. the grounds for establishing the legal pledge; 19.
  129. where the obligation becomes due at the creditor’s claim, the moment from which the creditor may lodge the claim; 19.
  130. the person who has filed the application for registration of the legal pledge (identification number, name, residential address of a natural person; name, registered office, identification number of a legal person).
  131. Identification numbers shall be assigned to mortgages and pledges registered in the Register, to entries in the Register on the attachment of the mortgaged thing, and to entries on the transfer of bank account management rights or property rights. The identification number shall consist of 14 figures. The first and second figures shall stand for the number of the mortgage office, the third figure, for the type of the document (1 – contractual mortgage, 2 – contractual pledge, 3 – entry on the attachment of the mortgaged thing, 4 – entry on the transfer of bank account management rights or property rights, 5 – legal mortgage, 6 – legal pledge), the fourth, fifth, sixth and seventh figures shall stand for the year of registration of the application for registration of a mortgage or pledge in the Register or the year of issue of an order of a mortgage judge, and the remaining figures shall stand for the number of sequence of the mortgage, pledge or entry in the Register.
  132. For the purpose of recording data in the Register about debtors, owners of the mortgaged things, creditors, persons to whom the object of the pledge was transferred, mortgaged things that have been registered in other registers, identification numbers assigned by such other registers shall be used. IV. registration of objects of the register
  133. Mortgages and pledges shall be registered by a mortgage judge or other civil servants or employees of a mortgage office. Rights and duties of civil servants and employees of mortgage offices in relation to the management of the Register shall be laid down in the Rules of Registration of Objects of the Register approved by the leading Register management body, and in job descriptions of civil servants and employees. Suppliers of data to the Register shall be responsible for ensuring accuracy and truthfulness of the data delivered to the Register in accordance with laws of the Republic of Lithuania, and, having been notified of having delivered inaccurate or incomplete data, shall correct the inaccuracies and deliver the corrected data to the respective Register management body. registration of THE mortgage
  134. The application for registration of a contractual mortgage shall be filed by the owner of the mortgaged thing or by the creditor in whose favour the thing is mortgaged, or by a proxy of either of the two authorised to do so in accordance with laws of the Republic of Lithuania. The application for registration of a legal mortgage shall be filed by persons specified in Articles 4.175 to 4.178 of the Civil Code of the Republic of Lithuania which govern the cases of establishing a legal mortgage. The application shall be submitted to a mortgage office in person or by post.
  135. The application for registration of a mortgage shall be filed with the mortgage office of the location of the immovable thing concerned.
  136. A person wishing to register a contractual mortgage shall submit the following documents to the mortgage office: 25.
  137. a notarised original of the contractual mortgage bond; 25.
  138. a document certifying the payment of the office fee for the registration of the contractual mortgage; 25.
  139. if the application for registration of a contractual mortgage is filed by the proxy of the owner of the mortgaged thing or by the creditor’s proxy, the power of attorney certified in accordance with laws of the Republic of Lithuania; 25.
  140. a document certifying that the mortgaged thing other than land is insured. The mortgage office shall make a copy of this document; 25.
  141. other documents supporting the data provided in the contractual mortgage bond.
  142. A person wishing to register a legal mortgage shall submit to the mortgage office the following documents: 26.
  143. the original of the legal mortgage bond; 26.
  144. a document certifying the payment of the office fee for the registration of the legal mortgage; 26.
  145. if the legal mortgage has been established by a court decision – the court decision to establish the legal mortgage; 26.
  146. if the creditor is a legal person, a document certifying the right of the person who has signed on the legal mortgage bond to sign it; 26.
  147. if the legal mortgage bond has been signed by the creditor’s proxy, the power of attorney certified in accordance with laws of the Republic of Lithuania; 26.
  148. a document from the relevant register of property certifying the rights of the debtor to the things encumbered with the mortgage; 26.
  149. (repealed); 26.
  150. other documents supporting the data provided in the legal mortgage bond.
  151. If the performance of one and the same obligation is secured by pledging both an immovable thing and a movable thing (property right), entries about other mortgage (pledge) transactions made to secure the performance of the same obligation shall be made in both bonds (mortgage and pledge), and these bonds shall be submitted for registration together to the same mortgage office of the location of the immovable thing concerned.
  152. All documents submitted to the mortgage office shall be in the Lithuanian language. If a transaction has been concluded or other documents have been drawn up in a language other than Lithuanian, the translation must be attached. The translation shall be certified by signature of the translator. The translation shall be made using the form of the mortgage bond. In this case, the original of the mortgage bond translated into Lithuanian shall be registered. The original of the mortgage bond drawn up in a language other than Lithuanian shall not be returned to the supplier of data to the Register but shall be stored at the mortgage office.
  153. The mortgage office shall refuse to accept an application for registration of a mortgage and shall return it together with other documents attached thereto, in either of the following cases: 29.
  154. when the application for registration of a mortgage has been filed with the mortgage office other than that of the location of the thing; 29.
  155. when the application does not specify the debtor and the owner of the thing to be mortgaged, nor give their identification data.
  156. The application for registration of a mortgage that has been returned on the grounds specified in par. 29 of these Regulations shall be deemed not to have been filed at all.
  157. Having received an application for registration of a mortgage (mortgage bond) and supporting documents, the mortgage office shall duly stamp the mortgage bond indicating the date (year, month, day) and time (hour and minute) of receipt and the reference number assigned to the application in the register of applications received at the mortgage office, unless the application for registration of a mortgage has been rejected and returned to the supplier of data to the Register on the grounds specified in par. 29 of these Regulations, and shall make copies of the mortgage bond and all supporting documents.
  158. An application for registration of a mortgage (mortgage bond) received by post before 12 o’clock shall be registered as having been received at 9 o’clock on the same day, and an application for registration of a mortgage (mortgage bond) received by post after 12 o’clock shall be registered as having been received at 9 o’clock on the next working day.
  159. A document certifying the date and time of registration of the application at the mortgage office shall be issued to the supplier of data to the Register at his request.
  160. Once the application for registration of a mortgage has been registered, the data provided in the application shall be entered in the Register.
  161. An application for registration of a contractual mortgage and an application for registration of a legal mortgage established by a court decision shall be examined no later than on the next working day of its receipt. In other cases, an application for registration of a legal mortgage shall be examined no later than within 5 working days of its receipt, or, where additional documents or changes in the mortgage bond are needed for the purpose of examining the application, within 5 working days of the date of receipt of such documents or changes in the bond.
  162. Once the application for registration of a mortgage has been registered, the mortgage office shall forward the application, together with other documents attached thereto, to a mortgage judge.
  163. The mortgage judge shall verify that the application (mortgage bond) is made in the form approved by the Minister of Justice, that it is complete and properly filled in, notarised and compliant with legal requirements, that the office fee has been paid, and that: 37.
  164. the application specifies the person who has drawn up the legal mortgage bond, this person is properly identified and has the right to draw up the legal mortgage bond; 37.
  165. the grounds for establishing the legal mortgage do exist; 37.
  166. the thing selected as the object of mortgage suits the purpose (Art. 4.171
(11)of the Civil Code of the Republic of Lithuania).
  1. If the application for registration of a mortgage does not comply with the requirements set in par. 37 of these Regulations, the mortgage judge shall fix, by a written reasoned order, the period for correcting the shortcomings or shall reject the application.
  2. The mortgage bond with the note about the rejection of the application for registration of the mortgage shall be returned, together with the documents attached thereto, to the supplier of data to the Register. The data entered in the Register shall be deleted from the Register on expiry of the period allowed for lodging a separate appeal against the order of a mortgage judge, or, if such appeal was lodged, on the moment from which a court decision establishing that the application for registration of the mortgage was rejected with reason takes effect.
  3. If the order of a mortgage judge to reject the application for registration of a mortgage has been reversed by appeal or cassation and there is a court decision obliging the mortgage office to register the mortgage, the mortgage shall be registered in the Register no later than on the next working day of receipt of the effective court decision.
  4. If the application for registration of a mortgage complies with the requirements set in par. 37 of these Regulations, a mortgage judge or another civil servant or employee of the mortgage office shall register the mortgage in the Register (confirm the entries in the Register).
  5. The mortgage shall be deemed to have been registered on the moment when data entered in the Register are confirmed and an identification number is assigned.
  6. The mortgage shall take effect on the moment of its registration in the Register, when respective entries are made in a public register.
  7. Once the mortgage has been registered, a stamp confirming registration of the mortgage shall be attached onto the original of the mortgage bond; the original of the mortgage bond shall be signed by the mortgage judge, or the civil servant or employee of the mortgage office, who has registered the mortgage, and shall be certified by the seal of the mortgage office. The form of the stamp of registration of the mortgage shall be set by the leading Register management body.
  8. The mortgage judge, or the civil servant or employee of the mortgage office, who has registered the mortgage shall print out a certificate of registration of the mortgage from the database of the Register and shall put his signature and the seal of the mortgage office onto it. The certificate shall give the data specified in par. 15 (for a contractual mortgage) or par. 18 (for a legal mortgage) of these Regulations. The form of the certificate shall be approved by the leading Register management body.
  9. The original of the mortgage bond and the certificate of registration of the mortgage shall be sent by post within no more than 3 working days to the mortgagee, or, when a bearer mortgage bond is registered, to the owner of the mortgaged thing. At the request of the applicant, the mortgage bond may be delivered to the mortgagee or the owner of the mortgaged thing in person. Data of the certificate of registration of the mortgage may be sent to the mortgagee electronically. Certificate of registration of a legal mortgage shall also be sent by post to the debtor no later than within 3 working days. If a mortgage transaction involves several creditors, or a bearer contractual mortgage bond relates to a thing owned by several persons, the bond shall be sent to the creditor (the co-owner of the thing) named in the bond as the holder of the bond.
  10. Copies of the mortgage bond shall be stored in the archive of the mortgage office 10 years beyond the date of deregistration of the mortgage concerned.
  11. At a written request of a person whose rights under a lost mortgage bond with a debt obligation still open have been restored in accordance with laws of the Republic of Lithuania, the mortgage office shall issue, within 3 working days, a duplicate of the mortgage bond and make an appropriate entry in the Register. The duplicate of the mortgage bond shall be issued in the form of a certificate of registration of the mortgage that is printed out from the database of the Register and shall be stamped as “Duplicate Bond”. The duplicate of the mortgage bond shall be certified by signature of a civil servant or employee of the mortgage office and by the seal of the mortgage office. Registration of Changes and Deregistration of THE Mortgage
  12. An application for changing or closing a mortgage shall be filed with the mortgage office where the mortgage has been registered.
  13. A person wishing to change a mortgage shall submit to the mortgage office the original of the mortgage bond with an entry about the change in the mortgage transaction, together with documents specified in par. 55 of these Regulations and a document certifying the payment of the office fee for registration of the change of the mortgage.
  14. Where the Register is notified by a Register management body of Immovable Property that the mortgaged property has been divided or joined or that the identification number of the mortgaged property has been changed, a mortgage judge shall, on his own initiative and on the basis of the notification from the Register management body of Immovable Property, issue a decision, within 3 working days, to change entries on that property in the Register in accordance with these Regulations and shall notify mortgagee of the change of entries in the Register, except where the property has been mortgaged by a bearer mortgage bond.
  15. A person wishing to deregister a mortgage shall submit to the mortgage office the original of the mortgage bond with an entry about the performance of all mortgage-related claims, or the original of the mortgage bond and other documents supporting the closure of the mortgage, as well as a document certifying the payment of the office fee for deregistration of the mortgage.
  16. The application for changing or deregistering a mortgage shall be registered and examined, and the change of the mortgage shall be registered or the mortgage shall be deregistered, in accordance with par. 31 to 46 and this present par. 53 of these Regulations. The application for changing or closing a mortgage shall be examined no later than on the next working day of its receipt. Identification numbers of the change or deregistration of the mortgage shall be linked to the identification number of the mortgage being changed or deregistered.
  17. Once the mortgage has been deregistered, the original of the mortgage bond shall be returned to the debtor, and a certificate of deregistration of the mortgage shall be issued to the creditor. Data of the certificate of deregistration of the mortgage may be sent to the mortgagee electronically.
  18. Data in the Register may be changed, i.e. the following changes may be made: 55.
  19. in the main claim secured by the mortgage, interest and default penalty arising from this claim and the date of performance of the debt obligation, in accordance with the provisions of Art. 4.174
(2)of the Civil Code of the Republic of Lithuania. The contract on the change of the amount of the main claim secured by the mortgage, interest, default penalty or the maturity date of the debt, as well as on the change of contractual conditions and claims (the change of the mortgage contract) shall be notarised. If the main claim secured by the mortgage, or interest or default penalty are increased or the maturity date of the debt is accelerated or extended beyond the date set for succeeding creditors, the application for registration of the change of the mortgage must be accompanied by a written consent of the succeeding creditors; 55.
  1. in the owner of the mortgaged thing when this thing has been transferred to another person. The application for registration of the change of the mortgage must be accompanied by a certificate issued by a respective register of property about the owner of the thing; 55.
  2. in the debtor when the debt has been transferred onto another person. The application for changing the mortgage must be accompanied by a written contract on the transfer of the debt; 55.
  3. in the creditor when the mortgage claim has been transferred. The mortgage bond with an endorsement written on it in accordance with the Civil Code of the Republic of Lithuania must be submitted to the mortgage office; 55.
  4. in the name or residential address (if a natural person) or the name, registered office (if a legal person) of the debtor, the owner of the mortgaged thing, or the creditor. When the application concerns the change of the name of a natural or legal person, documents certifying the change of the name must be delivered to the mortgage office along with the application; 55.
  5. in the order of priority of recovery when the mortgagee has transferred his priority to another creditor of the same debtor. If the amount of the claim of the creditor who has transferred his priority is smaller than that of the transferee, a notarised consent of the creditors succeeding the transferor and preceding the transferee must be submitted together with the mortgage bonds containing entries about the agreement on the transfer of the order of priority of recovery; 55.
  6. the bearer contractual mortgage bond changed into a registered bond. In this case, the original of the registered contractual mortgage bond specifying the name, residential address and identification number (if a natural person) or the name, registered office and identification number (if a legal person) of the mortgagee must be submitted to the mortgage office; 55.
  7. in the fixed amount of the debt secured by the mortgage when a maximum mortgage has been registered and the amount of the debt is being fixed or unfixed in the cases specified in Art. 4.182 of the Civil Code of the Republic of Lithuania. In these cases, the application for changing the contractual mortgage must be accompanied by one or more documents confirming that: other creditors demand a foreclosure sale of the mortgaged thing; the mortgaged thing has been attached; the debtor or the creditor have been declared insolvent or are under liquidation; the creditor or the debtor have died and the heirs to their property have failed to reregister the mortgage in their own name within 6 months from the date of the inheritance, where the amount of the debt is being fixed; or by documents confirming that: the creditors have called off the demand for a foreclosure sale of the thing; the attachment of the thing has been cancelled, or the liquidation of the debtor or the creditor has been rescinded, where when the amount of the debt is being unfixed; 55.
  8. in other data, when the mortgage transaction has been changed. If the parties to the contract agree to replace the mortgaged immovable thing by another, a new contractual mortgage must be registered. If an additional immovable thing is mortgaged to secure the performance of the obligation already secured by a mortgage, the mortgage of this additional thing shall be executed in a separate mortgage bond.
  9. A mortgage shall be deregistered upon its closure in the cases specified in Art. 4.197 of the Civil Code of the Republic of Lithuania and in accordance with the Code of Civil Procedure of the Republic of Lithuania. If deregistration of the mortgage is appealed against in accordance with laws of the Republic of Lithuania, the Central Mortgage Office shall, at the request of the mortgage office, restore the data from the archive of the database of the Register back to the actual database of the Register and notify the relevant property register thereabout.
  10. If the mortgage contract has been declared void in accordance with laws of the Republic of Lithuania, the mortgage shall be deregistered within 3 working days of the date of receipt of the effective court decision declaring the mortgage contract void at the mortgage office.
  11. The moment of closure of the mortgage shall be the moment of its deregistration from the Register. registration of a pledge
  12. The application for registration of a pledge may be filed with any mortgage office, while the application for registration of a change in a pledge contract or for deregistration of a pledge shall be filed with the mortgage office where the pledge has been registered.
  13. A person wishing to register a contractual pledge shall submit the following documents to the mortgage office: 60.
  14. a notarised original of the contractual pledge bond; 60.
  15. if the application is filed by a proxy of the owner of the object of pledge or by the creditor’s proxy, the power of attorney certified in accordance with laws of the Republic of Lithuania; 60.
  16. a document certifying the payment of the office fee for the registration of the contractual pledge in the Register; 60.
  17. a document certifying that the object of pledge is insured, if the law or the pledge contract requires that the object of pledge be insured. The mortgage office shall make a copy of this document; 60.
  18. other documents supporting the data provided in the contractual pledge bond.
  19. A person wishing to register a legal pledge shall submit the following documents to the mortgage office: 61.
  20. the original of the legal pledge bond; 61.
  21. a document certifying the payment of the office fee for registration of the legal pledge; 61.
  22. if the creditor is a legal person, a document certifying the right of the person who has signed on the legal pledge bond to sign it; 61.
  23. if the legal pledge bond has been signed by the creditor’s proxy, the power of attorney certified in accordance with laws of the Republic of Lithuania; 61.
  24. a document from the relevant register certifying the rights of the debtor to the things encumbered with the pledge; 61.
  25. other documents supporting the data provided in the legal pledge bond.
  26. If a mortgage claim or the right of claim arising from the pledge is being pledged, the documents specified in par. 60 and 61 of these Regulations shall be submitted together with the mortgage bond containing an entry about the pledge of the mortgage claim, or with the pledge bond from which the right of claim being pledged has arisen containing an entry about the pledge of this right. The pledge bond and other documents submitted to the mortgage office shall meet the requirements laid down in par. 28 of these Regulations.
  27. The application for registration of a pledge shall be examined and the pledge shall be registered in the same procedure as that applied to registration of a mortgage (par. 35 to 40 of these Regulations). The pledge shall be deemed to have been registered on the moment when data entered in the Register are confirmed and an identification number is assigned.
  28. Once the pledge has been registered, a stamp confirming registration of the pledge shall be attached onto the original of the pledge bond; the original of the pledge bond shall be signed by the mortgage judge, or the civil servant or employee of the mortgage office, who has registered the pledge, and shall be certified by the seal of the mortgage office. The form of the stamp of registration of the pledge shall be set by the leading Register management body.
  29. Once the pledge has been registered, the registered original of the pledge bond and the certificate of registration of the pledge shall be sent, in the manner and within the period set in par. 46 of these Regulations, to the creditor, or, if the creditor is not indicated in the pledge bond, to the owner of the object of pledge by whose unilateral declaration the pledge has been registered. The certificate of registration of the legal pledge in the Register shall also be sent to the debtor. The contents of the certificate must correspond to the contents of the entry in the Register. The certificate of registration of the pledge shall be signed by a mortgage judge or by a civil servant or employee of the mortgage office, and certified by the seal of the mortgage office. The certificate shall give the data specified in par. 16 (for a contractual pledge) or par. 19 (for a legal pledge) of these Regulations. The form of the certificate shall be approved by the leading Register management body.
  30. A copy of the pledge bond and other documents submitted together with the bond shall be stored at the mortgage office. The copy of the pledge bond shall be stored in the archive of the mortgage office 5 years beyond the date of deregistration of the pledge.
  31. A change in the pledge shall be registered in the same procedure as that applied to registration of a mortgage, against delivery of the pledge bond with an entry about the change in the pledge contract and a document certifying the payment of the office fee for registration of a change in the pledge in the Register.
  32. A pledge shall be deregistered in the same manner and within the same periods as those applied to deregistration of a mortgage. A person wishing to deregister a pledge shall submit the following documents to the mortgage office: 68.
  33. if the person is the creditor (the pledgee) – the original of the pledge bond with an entry requesting to deregister the pledge; 68.
  34. if the person is the debtor or the pledgor (where the debtor and the pledgor is not the same person) – the original of the pledge bond with an entry certifying the performance of all claims of the creditor secured by the pledge registered in the Register; 68.
  35. if it is the person who has acquired the property as provided for in Art. 4.219 of the Civil Code of the Republic of Lithuania – the original of the pledge bond and documents certifying the acquisition of the property by enforced recovery. The documents specified in par. 68.1 to 68.3 of these Regulations shall be submitted to the mortgage office together with a document certifying the payment of the office fee for deregistration of the pledge transaction.
  36. If the pledge transaction has been declared void in accordance with laws of the Republic of Lithuania, the pledge registered in the Register shall be deregistered against delivery of an effective court decision to the mortgage office. making MARKS in the register 70.

Art. 4.192 of the Civil Code of the Republic of Lithuania and Art.

558 of the Code of Civil Procedure of the Republic of Lithuania, the following marks shall be made in the Register: 70.

  1. that an order has been issued by a mortgage judge to attach the mortgaged immovable thing; 70.
  2. that an order has been issued by a mortgage judge for a foreclosure sale of the mortgaged immovable thing; 70.
  3. that an order has been issued by a mortgage judge to transfer the mortgaged immovable thing to the creditor for administration.
  4. For the purpose of making marks specified in par. 70 of these Regulations, the following shall be recorded in the Register: the date of the issue of the order, the name of the court that has issued the order, the name of the mortgage judge, as well as the thing that is attached, subjected to a foreclosure sale, or transferred for administration. 72.

Art. 4.192, 4.220 and 4.221 of the Civil Code of the Republic of Lithuania and Art.

559 of the Code of Civil Procedure of the Republic of Lithuania, the following marks shall be made in the Register: 72.

  1. that the debtor has been served a warning notice about the recovery; 72.
  2. that an order has been issued by a mortgage judge to attach the mortgaged thing and transfer it to the creditor; 72.
  3. that an order has been issued by a mortgage judge to transfer to the creditor the right to manage the debtor’s bank account or to transfer to the creditor the claims of the pledgor arising from the pledged right, or to transfer a part of the claim corresponding to the amount of the debt obligation if the debt obligation is smaller than the right of claim.
  4. The warning notice shall be served to the debtor and the owner of the mortgaged thing in accordance with Part I, Chapter XI, Section Two of the Code of Civil Procedure of the Republic of Lithuania.
  5. For the purpose of making the mark specified in par. 72.1 of these Regulations, the date of registration at the mortgage office of the creditor’s request to serve a warning notice to the debtor about the recovery and the date on which such notice has been served to the debtor shall be recorded in the Register.
  6. The mark specified in par. 72.2 of these Regulations shall be made in the manner laid down in par. 71 of these Regulations.
  7. For the purpose of making the mark specified in par. 72.3 of these Regulations, the following shall be recorded in the Register: the date of the issue of an order of a mortgage judge to transfer to the creditor the right to manage the debtor’s bank account or to transfer to the creditor the claims of the pledgor arising from the pledged right, or to transfer a part of the claim corresponding to the amount of the debt obligation; the name of the court that has issued the order; the name of the mortgage judge; the creditor to whom the right to manage the bank account or the claims of the pledgor arising from the pledged right, or a part of the claim corresponding to the amount of the debt obligation, have been transferred; also the details of the bank account transferred to the creditor or the claims of the pledgor arising from the pledged right.
  8. Register management bodies shall ensure that suppliers of data to the Register are given correct and complete information matching the data in the Register. recording, changing and correcting entries in the register
  9. Only duly authorised civil servants or employees of mortgage offices shall be entitled to enter data in the Register, delete them or correct mistakes, in accordance with laws of the Republic of Lithuania, these Regulations, and the Register Management Rules.
  10. Data in the Register shall not be changed other than for the purpose of correcting mistakes or entering changes of mortgage (pledge) transactions. Changes of a mortgage (pledge) transaction already registered shall be registered in the same manner as that applied to registration of a mortgage.
  11. Once a mortgage or pledge has been deregistered, data of the deregistered mortgage or pledge shall be transferred from the database of the Register to the archive of the database. Data of deregistered mortgages shall be stored 10 years beyond the date of deregistration, and data of deregistered pledges shall be stored 5 years beyond the date of deregistration.
  12. All data of the Register shall be public. Any person whose data have been entered in the Register shall have the right of access to his data stored in the Register, in accordance with these Regulations, the Law of the Republic of Lithuania on State Registers, and the Law of the Republic of Lithuania on Legal Protection of Personal Data.
  13. A person whose data have been entered in the Register shall have the right to request, having seen his data, that any incorrect, inaccurate or incomplete data be corrected or any unnecessary data or data collected by unauthorised means be deleted from the Register. The mortgage office shall correct the inaccuracies and inform the requesting person thereabout within 5 working days of the date of receipt of the request and of the documents supporting the request.
  14. Having found inaccuracies in the documents or data delivered for registration, the Register management body shall, within 5 working days, inform the supplier of the documents or the data to the Register thereabout and request to correct the inaccuracies. If incorrect, inaccurate or incomplete data have been entered in the database of the Register through the fault of a Register management body, the management body of the Register shall, no later than within 3 working days, correct the inaccuracies and inform, at its own expense, all suppliers of data to the Register who have been given such incorrect, inaccurate or incomplete data thereabout.
  15. Persons who process personal data must keep the data confidential for the period set in laws and other legal acts of the Republic of Lithuania.
  16. Relevant legal, administrative, organisational, technical or other means shall be employed to make sure that incorrect, inaccurate or incomplete date are not entered in the Register and that all data in the Register match the data delivered for registration. v. interaction with other registers
  17. For the purpose of handling objects of the Register, information from the following registers shall be used: 86.
  18. Population Register of the Republic of Lithuania – for the purpose of verifying data on natural persons; 86.
  19. Register of Legal Entities – for the purpose of verifying data on legal persons; 86.
  20. Real Estate Register – for the purpose of verifying data on immovable things; 86.
  21. Register of Seagoing Ships of the Republic of Lithuania – for the purpose of verifying data on seagoing ships; 86.
  22. Register of Inland Waterway Vessels of the Republic of Lithuania – for the purpose of verifying data on inland waterway vessels; 86.
  23. Register of Rolling Stock and Containers of the Republic of Lithuania – for the purpose of verifying data on rolling stock and containers; 86.
  24. Register of Trademarks of the Republic of Lithuania – for the purpose of verifying data on trademarks; 86.
  25. Register of Patents of the Republic of Lithuania – for the purpose of verifying data on patents; 86.
  26. Register of Designs of the Republic of Lithuania – for the purpose of verifying data on designs; 86.
  27. Register of Tractors, Self-Propelled and Agricultural Vehicles and Trailers of the Republic of Lithuania – for the purpose of verifying data on tractors, self-propelled and agricultural vehicles and trailers; 86.
  28. Register of Civil Aircraft of the Republic of Lithuania – for the purpose of verifying data on civil aircraft; 86.
  29. Register of Road Vehicles of the Republic of Lithuania – for the purpose of verifying data on road vehicles; 86.
  30. State Register of Weapons – for the purpose of verifying data on weapons; 86.
  31. Register of Addresses of the Republic of Lithuania – for the purpose of verifying data on addresses.
  32. Information from associated registers shall be linked with information of the Register through identification numbers of the debtor, the owner of the object of pledge, the creditor, and the object of pledge, and shall be used for the purpose of obtaining data specified in par. 15.3 to 15.6, 16.3 to 16.7, 18.2 to 18.4, and 19.2 to 19.5 of these Regulations.
  33. The Central Mortgage Office shall, no later than within 24 hours, transmit data about registration and/or deregistration of a mortgage or pledge to the following entities: 88.
  34. concerning mortgages – to the central databank of the Real Estate Register and the register for aircraft or seagoing ships; 88.
  35. concerning pledges – to the management body of the central database of the relevant register.
  36. The processor of the Real Estate Register shall provide data about changes of the mortgaged immovable thing and rights thereto registered in the Real Estate Register to Register management bodies in accordance with the procedure and within periods laid down in the Law of the Republic of Lithuania on the Real Estate Register (Valstybės žinios (Official Gazette) No 100-2261, 1996; No 55-1948, 2001) and the Regulations of the Real Estate Register approved by Resolution No 1129 of the Government of the Republic of Lithuania of 12 July 2002 (Valstybės žinios (Official Gazette) No 72-3077, 2002). The state registers and institutions registering certain items of property that are indicated in par. 86.4 to 86.13 of these Regulations shall transmit data about pledged objects to Register management bodies immediately and no later than within 24 hours of the change of the data on the pledged thing or of the receipt of the request of a mortgage judge to provide data about a pledged thing. Interaction with each individual register shall be governed by a separate contract on the delivery (exchange) of data.
  37. If data received from an associated register are found to differ from the data delivered by the supplier of data to the Register or if other types of inaccuracies are found in the data received from an associated register, the management body of such associated register shall be immediately notified of the inaccuracies found and the incorrect, inaccurate or incomplete data shall be transmitted to it immediately, together with a description of circumstances.
  38. Having received from an associated register information about the delivery of inaccurate data to the associated register, together with a description of circumstances, the Register management body shall verify the information within 3 working days and, if the information proves true, correct the inaccuracies. When the Register management body has to contact the supplier of data to the Register in order to correct the inaccuracies, this period shall be extended to up to 30 days. Having corrected the inaccuracies, the Register management body shall immediately inform the management body of the associated register and the suppliers of data to the Register who have been given such incorrect, inaccurate or incomplete data thereabout. VI. delivery and use of the data of the register
  39. Persons may apply for access to data in the Register in a written form and electronically.
  40. Data of the Register shall be made available in the following ways: 93.
  41. by electronic transmission; 93.
  42. by issuing certificates of registration and/or deregistration of mortgage and/or pledge transactions (certificate of registration includes registration of changes) and duplicates of bonds; 93.
  43. by issuing extracts from the Register: 93.3.
  44. exhaustive information of the Register consisting of all relevant data of the object of the Register; 93.3.
  45. a summary of documents of the Register consisting of data identifying the object of the Register; 93.
  46. (repealed); 93.
  47. by delivering a set of information (summary) on request; 93.
  48. by giving a possibility to view the data on screen.
  49. Certificates of the Register, extracts and sets of information (summaries) delivered on request may be transmitted in a written form, electronically, or by other means of communication. The specific form of transmission shall be determined in the Rules of Registration of Objects of the Register approved by the leading Register management body.
  50. Extracts from the Register shall be available from the Central Mortgage Office and mortgage offices. A person wishing to receive data from the Register (other than data deliverable by an oral confirmation by an auto-answer) shall contact the Central Mortgage Office or a mortgage office by post, electronically or in person and produce his identity document (if he contacts in person) and a written application with the following information: name of the applicant (identification number, legal form and name of a legal person), address, intended use of the data, and any one of the types of data specified in par. 96 of these Regulations. The application shall be registered in the register of ingoing applications and a stamp shall be affixed onto it, specifying the reference number as in the register of ingoing applications and the date of receipt of the application. Data shall be transmitted (sent by post, electronically, or by other means of communication, or handed in person) no later than within 3 working days of receipt of the application at a mortgage office or at the Central Mortgage Office. Electronic transmission of data of the Register shall be effected under a contract between the Register management body and the supplier of data to the Register which shall specify the intended use of the data and the conditions and procedure for using the data. If the data are to be viewed on screen, this shall be done on the spot and free of charge. Transmission of data by an auto-answer (oral confirmation) shall be effected only against the identification number of the object registered in the Register. After a search, one of following answers shall be generated: that the item of property is pledged, not pledged, or not pledged yet but in the process of pledging.
  51. Data of the Register may be provided according to: 96.
  52. the identification number of the entry about the mortgage or pledge, its attachment, or transfer of bank account management rights (property rights); 96.
  53. the identification number of the owner of the object of pledge and/or the pledgor; 96.
  54. the identification number of the object of pledge, where the object of pledge has been registered in a relevant register of property.
  55. Any natural person wishing to get access to the data about himself shall produce an identity document and a written application with the following information: name of the person wishing to receive the data, residential address, one of the types of data specified in par. 96 of these Regulations, type of transmission (view on screen or receive in a written form). The application shall be registered in the register of ingoing applications and a stamp shall be affixed onto it, specifying the reference number and the date of receipt of the application. A natural person may receive such data from a Register management body once a calendar year free of charge.
  56. A fee shall be collected for using data of the Register (office fee). The payment procedure and the amount of the fee for using data of the Register shall be set by the Government of the Republic of Lithuania. A Register management body shall deliver data free of charge in the cases laid down in these Regulations and the Law of the Republic of Lithuania on State Registers; it shall also deliver data to central and local government authorities for the discharge of their direct functions. vii. transmission of data of the register to foreign states
  57. Data of the Register shall be delivered to natural or legal persons of states of the European Economic Area and to branches of enterprises and representative offices established in such states, in the same procedure as that applied with respect to natural or legal persons of the Republic of Lithuania and branches of enterprises and representative offices of states of the European Economic Area established in the Republic of Lithuania.
  58. The delivery of data of the Register to natural or legal persons of third countries shall be governed by laws of the Republic of Lithuania, international agreements to which the Republic of Lithuania is a party, and other legal acts. viii. protection of data of the register
  59. Responsibility for protecting data of the Register shall rest with management bodies of the Register.
  60. Personal data shall be processed in accordance with the Law of the Republic of Lithuania of Legal Protection of Personal Data, other legal acts, and recommendations of the State Data Protection Inspectorate.
  61. Register management bodies shall select organisational and technical measures for protecting data of the Register according to the nature of the data and the risks arising out of data processing. Data of the Register shall be protected against incidental or unauthorised destruction, disclosure, modification or any other unauthorised processing.
  62. Administrative, organisational, technical, software-related and other measures for protecting data of the Register shall be selected in accordance with the General Requirements for Electronic Protection of Information in Information Systems of Public Authorities approved by Resolution No 952 of the Government of the Republic of Lithuania of 4 September 1997 (Valstybės žinios (Official Gazette) No 83-2075, 1997; No 49-1891, 2007) and other legal acts on data protection. Concrete measures for protecting data of the Register shall be specified in the Regulations for the Protection of Data of the Register approved by the leading management body of the Register.
  63. Measures for protecting data of the Register shall include: 105.
  64. a limited access to the premises of the Register for suppliers and recipients of data of the Register and for other persons; 105.
  65. a hierarchical access to data of the Register for employees who process data of the Register; 105.
  66. installation of a storeroom for backup copies of the information system and the database of the Register; 105.
  67. resumption of operation of the information system of the Register after a breach or destruction of data in the Register.
  68. Software used for protecting data of the Register shall meet the following requirements: 106.
  69. be able to identify uniquely every recipient of data of the Register and any employee processing data of the Register; 106.
  70. to ensure effective functioning of the system of passwords; 106.
  71. to record all actual and attempted actions to process data of the Register on a computer; 106.
  72. to ensure safety of data of the Register with the help of systems and application software.
  73. Technical measures of protection of data of the Register shall prevent leakage and distortions of information in work-stations and communication lines.
  74. Civil servants and other employees of a management body of the Register shall be liable in accordance with laws of the Republic of Lithuania for violating the requirements of laws of the Republic of Lithuania, these Regulations, and other legal acts. ix. financing of the register
  75. The Register shall be financed from the state budget of the Republic of Lithuania, as well as with fees collected for registration of mortgage and pledge transactions and changes thereto and for the delivery of data of the Register. x. reorganisation and liquidation of the register
  76. Reorganisation and liquidation of the Register shall be governed by the Law of the Republic of Lithuania on State Registers and be carried out in the manner established by the Government of the Republic of Lithuania.
  77. In the case of reorganisation or liquidation, data of the Register shall be shifted to another register, destructed or moved into state archives in accordance with the Law of the Republic of Lithuania on Documents and Archives (Valstybės žinios (Official Gazette) No 107-2389, 1995; No 57-1982, 2004). ––––––––––––––––

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