On the Public Registry

LAW OF GEORGIA

ON THE PUBLIC REGISTRY

Chapter I - General Provisions

Article 1 - Scope of the Law

1. This Law determines the organisational and legal basis for maintaining a public registry, and the rights and duties of the Legal Entity under Public Law (LEPL) called the National Agency of Public Registry ('the Agency'), a body operating under the Ministry of Justice of Georgia and responsible for maintaining a public registry.

2. This Law does not apply to legal relations related to the registration of rights on motor vehicles.

Law of Georgia No 5565 of 20 December 2011 – website, 28.12.2011

Article 2 - Definition of terms used in the Law

For the purposes of this Law, the terms used herein have the following meanings:

a) immovable thing - a parcel of land with or without a building on it, or a building (under construction, completed or demolished), or a building unit (under construction, completed or demolished), or a linear construction;

b) movable thing - any property defined as movable under the Civil Code of Georgia, except motor vehicles and aircrafts and floating crafts;

c) registration object - a movable or immovable thing, or intangible property;

d) linear construction - a communication structure, a motor way, a railroad, all types of pipelines, a tunnel, an aerial ropeway, a power transmission line, a communication line, a funicular, a dam, or a canal;

e) category of an agricultural land parcel - a pasture, a hayfield, arable land (with perennial plants, gardens, vegetable gardens) or a homestead;

f) changing the category of an agricultural land parcel - converting an agricultural land parcel from the category of low intensity agricultural land use into the category of high intensity agricultural land use according to the sequence provided for by sub-paragraph (e) of this article;

g) interested person - any natural or legal person, or other organisational establishment or administrative body, whose legitimate interest is affected, directly or indirectly, by the decisions or actions of the Agency;

h) registration - upon the delivery of a registration decision, recording data on the following in respective registries: rights to things and intangible property under this Law, public-law restrictions and tax liens/mortgages, the arising of, changes to and the termination of obligations related to immovable property ownership rights, the abandonment of immovable property ownership rights, changes to the designated purpose and category of agricultural land parcels, the establishment and alteration of the boundaries of forest resources, the numbering of geographical objects, their complexes and parts and other data on them, identification data of subjects or objects of rights to things and immovable property, mandatory registration data on entrepreneurs and non-entrepreneurial (non-commercial) legal entities as defined by the Law of Georgia on Entrepreneurs and the Civil Code of Georgia, changes to and termination of such data, and the arising of, changes to and the termination of obligations related to the limitation of titles to the shares of partners of limited liability companies or limited partnerships;

i) registration procedure - the activities of the Agency in processing registration;

j) registration document - a legal act that directly confers the right to request registration under this Law;

k) registration documents - registration and other documents to be submitted for registration to a registration body;

l) coincidence of cadastral data - identity between the cadastral data of an immovable thing (or part of it) and the cadastral data of an immovable thing (or part of it) with registered rights;

m) authorised person - a natural or legal person authorised by the Agency on the basis of an agreement to maintain a public registry and/or to access information, who carries out activities under this Law on his/her/its own responsibility;

n) lawful possessor - an interested person, whose registration document conferring the right to request the registration of an ownership right has been issued, adopted or prepared before the registration of the origination of a seizure or the prohibition of administration of a registration object (however, the registration document must have been issued, adopted or prepared before the entry into force of this Law, or the issuance, adoption and preparation of the document must have been directly provided for by the legislation of Georgia regardless of the seizure or the prohibition of administration of a registration object), as well as a person who is an assignee of the owner of the subject of a public-law restriction under this sub-paragraph;

o) maintaining a public registry - the formation of registries defined by this Law;

p) fee for services provided by the Agency - a mandatory sum payable to the account of the Agency (in cash or non-cash form) for services provided by the Agency in the amount determined by an ordinance of the Government of Georgia;

q) extract from the Public Registry - an extract from the Registry of Immovable Property Rights, from the Registry of Movable and Intangible Property Rights or from the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities;

r) notice - information or an application about the conferral of a right to a movable thing or intangible property submitted for registration;

s) access to information - ensuring the freedom of viewing and the issuance of information and documents kept at the Public Registry and a registration body;

t) numbering - assigning numbers to streets, avenues, alleys, highways, lanes, blind alleys, squares, parks, boulevards, entrances of apartment buildings and apartments using Arabic numbers, the letters of the Georgian alphabet and/or indices;

u) geographical object - a unit of immovable property of a natural or anthropogenic origin that is the subject of legal relations;

r) addressing - marking geographical objects, their complexes and parts using Arabic numbers, the letters of the Georgian alphabet and/or indices for identification purposes.

Law of Georgia No 1962 of 3 November 2009 - LHG I, No 35, 19.11.2009, Art. 251

Law of Georgia No 4413 of 11 March 2011 – website, 17.3.2011

Law of Georgia No 5565 of 20 December 2011 – website, 28.12.2011

Law of Georgia No 6324 of 25 May 2012 – website, 12.6.2012

Article 3 - System of registration bodies and their powers

1. The Agency, as a statutorily established legal entity under public law and a registration body exercising the public-law powers defined under this Law, shall maintain a public registry and ensure access to information.

1¹. The Agency shall be administered by the Chairman. He/she shall be appointed to and dismissed from the post by the Minister of Justice of Georgia. Powers and structure of the Agency shall be defined under this Law, and the Statute of the Agency to be approved by the Minister of Justice of Georgia.

2. The functions of the Agency are to:

a) perform registration;

b) ensure access to information;

c) develop methodological and operational guidelines for its territorial registration offices and authorised persons;

d) exercise other powers determined by the legislation of Georgia;

e) render to tax payers different services provided for by the legislation of Georgia on the basis of agreements between a tax authority and the Agency;

f) assign numbers to geographical objects, their complexes and parts in the territory of Tbilisi and record data related thereto.

3. The Agency shall exercise its powers directly or through its territorial registration offices and authorised persons.

3¹. An administrative body may exercise the powers of the Agency under the legislation of Georgia on the basis of an agreement between an administrative body and the Agency or on the basis of a legal act issued by the Minister of Justice of Georgia.

4. The Agency shall use appropriate software and automated management tools to maintain a public registry and ensure access to information.

5. Registration may be performed on the basis of documents received by means of an electronic document management system for tax liens/mortgages and public-law restrictions imposed by judicial or other administrative bodies and on the basis of memoranda between the Agency and a judicial or a relevant administrative body.

6. A registration body and its employees shall not be responsible for the authenticity of submitted registration documents. They shall be responsible only for the compliance of registered data with registration or other documents kept by them and for their safety.

7. A registration body may certify the copies of legal acts or other documents issued by it and the copies of registration or other documents kept by it if the content of the original document and the copy are identical.

8. A copy of a document certified by a registration body is legally valid and verifies its identity in relation to the original document.

9. The procedure and conditions for the use of automated management tools, as well as the procedure and conditions for the certification of documents, shall be determined by the Instruction on Public Registry ('the Instruction') which is approved by the Minister of Justice of Georgia.

10. The fee rates for services provided by the Agency, and the time frames for providing services, and the procedure and conditions for the payment of fees, for the exemption from payment and for the refund of fees paid, shall be determined by an ordinance of the Government of Georgia.

Law of Georgia No 3888 of 7 December 2010 – LHG I, No 67, 9.12.2010, Art. 416

Law of Georgia No 4208 of 22 February 2011 – website, 10.3.2011

Law of Georgia No 5565 of 20 December 2011 – website, 28.12.2011

Law of Georgia No 6324 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 5036 of 27 April 2016 – website, 13.5.2016

Article 4 - Structure of the Public Registry

1. The Public Registry is a set of the Registry of Immovable Property Rights, the Registry of Public-law Restrictions, the Registry of Tax Liens/Mortgages, the Registry of Movable and Intangible Property Rights, the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities, and the Address Registry.

2. The Registry of Immovable Property Rights is a set of data on immovable property rights, on obligations related to immovable property ownership rights, and changes to and the termination of such rights or obligations, and on the origination of the abandonment of immovable property ownership rights.

3. The Registry of Public-law Restrictions is a set of data on seizures of things and intangible property and on restrictions and prohibitions of administration of rights to things and intangible property, imposed by judicial or other administrative bodies under the procedure defined by law, as well as data on the origination of, changes to and the termination of prohibitions on registration.

4. The Registry of Tax Liens/Mortgages is a set of data on the conferral, changes to and the termination of rights to tax liens/mortgages on things (except motor vehicles) and intangible property.

5. The Registry of Movable and Intangible Property Rights is a set of data on the registration of rights to movable things and intangible property, on changes to and the termination of registered rights.

6. The Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities is a set of data on compulsory registration data of entrepreneurs and non-entrepreneurial (non-commercial) legal entities as defined under the Law of Georgia on Entrepreneurs and the Civil Code of Georgia, and on changes to and the termination of these compulsory registration data.

7. The Address Registry is a set of data on the names of streets, avenues, alleys, highways, lanes, blind alleys, squares, parks and boulevards and on the numbering of buildings, apartments, commercial spaces and land parcels.

Law of Georgia No 6324 of 25 May 2012 – website, 12.6.2012

Article 5 - Presumption of the accuracy of data registered in the Public Registry

Data registered in the Public Registry are subject to the presumption of accuracy until they are declared invalid or null and void under the procedure defined by the legislation of Georgia.

Article 6 - Access to information

1. Data registered in and kept at the Public Registry shall be public and available for any person for viewing, except where provided for by the legislation of Georgia.

2. The original document kept at a registration body, which was submitted to the Public Registry for registration or other purposes, and regarding which the registration body delivered a decision either to suspend the registration procedure, to dismiss the application or to terminate the registration procedure, may be requested by the applicant or a person duly authorised by him/her, or, in cases defined by the legislation of Georgia, by any other person or an administrative body on the basis of a relevant judicial act.

3. Requesting documents kept at a registration body, as well as an original or a copy of any document prepared by a registration body as a result of registration, shall not suspend the validity of the registered data or preclude the issuance of an extract from the Public Registry or any other document or information on the basis of the above request.

4. The procedure and conditions for viewing information and documents kept at a registration body and for requesting their originals or copies shall be determined by the Instruction.

5. The restrictions under paragraph 2 of this article shall not apply to cases where, in order to organise archives, documents are returned to the applicant or a person, duly authorised by him/her, in the cases detrmined by an order of the Chairperson of the Agency.

Article 6¹ - Procedure for decision-making on access to information

1. In the case of a request to issue information, a registration body shall determine a period of 30 days for interested persons to submit additional information or documents if:

a) the substance of the request is not clear or the requested information may not be identified;

b) the application is not supported with the documents or information provided for by this Law and the legislation of Georgia;

c) there are other circumstances provided for by the legislation of Georgia.

2. In the case of a request to issue information, the period for reviewing the application shall be deemed suspended where the time frame for submitting additional information or documents is determined for an interested person. A relevant decision of a court or other authorised person/body shall also be considered as grounds for suspending the period of review of an application. The period shall be resumed only if the requested document or information has been submitted and/or the grounds for suspending the period of review of an application no longer apply.

3. An application shall be dismissed if an applicant fails to submit the requested information or documents within the term of the suspension of the period of review of an application under paragraph 1 of this article.

4. The grounds for refusal to issue information are determined by this Law, by the Instruction and under the procedure defined by the legislation of Georgia.

5. (Deleted – 20.12.2011, No 5565).

6. A registration body shall make a respective decision where it refuses to issue information, or determines the time frame for the submission of additional information or documents, or resumes the period of review of applications or dismisses applications for the issuance of information.

7. The decision of a registration body on the refusal to issue information, or on the determination of a time frame for the submission of additional information or documents, or on the resumption of the period of review of an application, or on the dismissal of an application for the issuance of information, may be appealed under the procedure defined by the legislation of Georgia.

Law of Georgia No 1962 of 3 November 2009 - LHG I, No 35, 19.11.2009, Art. 251

Law of Georgia No 5565 of 20 December 2011 – website, 28.12.2011

Article 7 - General principles for maintaining and accessing a public registry

1. The Agency may keep and issue an electronic copy of any document prepared by or kept at the Agency.

2. Electronic copies of documents under paragraph 1 of this article and their printed forms have the same legal force as these documents.

3. The Agency may receive, publish or issue any information and/or document using unified automated management tools. In the above case, an application and attached information may be submitted to, and a document may be issued by, any territorial registration office or authorised person.

4. Data may be entered in a document published or issued by the Agency using mechanical and/or electronic means.

Article 8 - Registration procedure and its initialisation

1. A registration procedure shall be initiated on the basis of a registration application or a decision made by an authorised body.

2. Documents and information defined in the Instruction shall be attached to the application.

2¹. (Deleted – 20.2.011, No 4208).

3. In specific cases, a registration body may request the submission of additional documents or information related to the registration procedure that are necessary to make a decision on the issue raised in the application.

Law of Georgia No 2800 of 23 March 2010 – LHG I, No 14, 30.3.2010, Art. 86

Law of Georgia No 3966 of 10 December 2010 – LHG I, No 74, 24.12.2010, Art. 447

Law of Georgia No 4208 of 22 February 2011 – website, 10.3.2011

Article 9 - General principles of registration

1. Registration shall be performed directly on the basis of registration or other documents or their duly prepared electronic copies.

2. A registration body shall confirm the receipt of registration applications by registering their electronic or paper versions in a registration book and by assigning registration numbers to them. The payment of a registration fee shall be considered a precondition for the registration of an application submitted using automated management tools.

3. A registration body shall prepare extracts from the Public Registry as a result of registration. In addition, it shall produce cadastral maps in the case of the registration of ownership rights to immovable things with unregistered ownership rights in the Registry of Immovable Property Rights and in the case of the registration of changes to cadastral data. This procedure shall not apply to the registration of public-law restrictions and tax liens/mortgages and to the registration of ownership rights to movable things and intangible property.

Law of Georgia No 2980 of 27 April 2010 – LHG I, No 24, 10.5.2010, Art. 146

Article 10 - Extracts from the Public Registry

1. An extract from the Registry of Immovable Property Rights is prepared on the basis of the unified data bank of the Registry of Immovable Property Rights, the Registry of Public-law Restrictions and the Registry of Tax Liens/Mortgages and contains data on rights to, and public-law restrictions and tax liens/mortgages on, immovable things, and the abandonment of ownership rights to immovable things, which are valid at the moment of the preparation of an extract.

2. An extract from the Registry of Movable and Intangible Property Rights is prepared on the basis of the unified data bank of the Registry of Movable Property Rights, the Registry of Public-law Restrictions and the Registry of Tax Liens/Mortgages and contains data on rights to, and public-law restrictions and tax liens/mortgages on, movable things and intangible property at the moment of the preparation of an extract.

2¹. An extract from the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities is prepared on the basis of the unified data bank of the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities, the Registry of Public-law Restrictions and the Registry of Tax Liens/Mortgages, the Registry of Movable and Intangible Property Rights and the Registry of Debtors, and contains valid data on the subject registered in these registries. In the case of limited liability companies and limited partnerships, an extract shall also contain information on obligations related to the limitation of titles to the shares of partners.

3. An extract from the Public Registry shall be issued to any person and prepared together with a decision on the registration, and in the case of the availability of registered data, upon payment of a respective fee.

4. When making a transaction or performing other legal actions with regard to an immovable thing, except for establishing an inheritance right, the right of an interested person to an immovable thing shall be established only by an extract from the Public Registry.

Law of Georgia No 1962 of 3 November 2009 - LHG I, No 35, 19.11.2009, Art. 251

Law of Georgia No 6324 of 25 May 2012 – website, 12.6.2012

Chapter II - Registry of Immovable Property Rights

Article 11 - Rights and obligations subject to registration in the Registry of Immovable Property Rights

1. The following shall be registered in the Registry of Immovable Property Rights:

a) property;

b) rights of superficies and mortgage of superficies;

c) rights of usufruct;

d) easements;

e) mortgages;

f) rents and subrents;

g) leases and subleases;

h) loans;

i) finance leases;

j) rights related to ownership and use provided for by public law;

k) obligations related to immovable property ownership rights.

2. In addition to data on registered rights, the identification data of subjects and objects of such rights, including cadastral data of immovable things, shall also be entered in the Registry of Immovable Property Rights.

3. The rights provided for by paragraph 1(b-k) of this article may be registered only if the immovable property ownership right is registered in the Registry of Immovable Property Rights.

4. Registered data on the rights provided for by paragraph 1(b-j) of this article shall be transferred intact to a new owner, except as provided for by the legislation of Georgia.

4¹. A limited immovable property right shall be registered together with a respective limitation and/or obligation.

5. For the conferral of the rights provided for by paragraph 1(a-e) of this article and, in the case of transactions made for more than year with the participation of legal entities under private law (including transactions with a total validity of more than one year), the conferral of the rights provided for by paragraph 1(f-i) and (k), such rights shall be registered in the Public Registry.

6. The procedure for the registration of mortgage certificates shall be determined by the Instruction.

Law of Georgia No 2980 of 27 April 2010 – LHG I, No 24, 10.5.2010, Art. 146

Law of Georgia No 3888 of 7 December 2010 – LHG I, No 67, 9.12.2010, Art. 416

Law of Georgia No 4208 of 22 February 2011 – website, 10.3.2011

Article 12 - Pre-registration of immovable property rights

1. To ensure the registration of an immovable property right, such a right may be pre-registered in the Registry of Immovable Property Rights under the procedure defined by this Law.

2. The pre-registration of an immovable property right excludes the registration of any other right to this property, unless otherwise agreed by the parties.

3. The pre-registration of an immovable property right shall be annulled:

a) upon the registration of the right that has been secured by pre-registration;

b) upon the expiry of a term if such term has been determined;

c) on the basis of a written agreement between the parties.

Article 13 - Priority of registrations of rights and registered rights

1. If the registration of several rights is requested with respect to one registration object and these rights are mutually exclusive by their content, only the right(s) submitted for registration earlier than other right(s) shall be registered.

2. If the registration of several rights having the same content is requested with respect to one registration object and these rights are not mutually exclusive, the priority of registration of these rights shall be determined according to the date of their submission for registration.

3. If the registration of several rights having different content is requested with respect to one registration object and these rights are not mutually exclusive, the priority of registration of these rights shall be determined according to their content.

4. The priority of registered rights shall be determined according to the time when an application for the registration of the right was submitted (registered), unless otherwise provided for by law.

Article 14 - Registration of abandonment of immovable property ownership rights

1. The abandonment of immovable property ownership rights shall also be registered in the Registry of Immovable Property Rights.

2. The abandonment of an immovable property ownership right may be registered only if no rights, other than the ownership right, are registered in relation to the immovable thing in the Registry of Immovable Property Rights at the moment when the abandonment of the immovable property ownership right was requested.

3. An immovable property ownership right shall be deemed abandoned from the moment of registration of the abandonment of the immovable property ownership right in the Registry of Immovable Property Rights.

4. The ownership right shall pass to the State after the immovable property ownership right has been abandoned.

Article 15 - Registration and change of the designated purpose of land parcels and of the category of agricultural land parcels

1. A land parcel shall be registered as either an agricultural or a non-agricultural land parcel. An agricultural land parcel shall be registered as an agricultural land parcel of a respective category according to the document confirming the right. If the document confirming the right does not specify, and its content is not sufficient to establish, the designated purpose of a land parcel and/or the category of an agricultural land parcel, the registration shall be performed on the basis of additional information submitted about the designated purpose of the land parcel and/or the category of the agricultural land parcel or on the basis of the application of an interested person.

2. The following shall be registered in the Registry of Immovable Property Rights:

a) the change of agricultural land parcels to non-agricultural land parcels;

b) the change of the category of agricultural land parcels.

3. The procedure and conditions for the registration of the change of the designated purpose of land parcels and the category of agricultural land parcels shall be defined by the Instruction.

Law of Georgia No 4947 of 24 June 2011 – website, 13.7.2011

Article 15¹ - Registration of the establishment and alteration of the boundaries of forest resources

1. The Agency shall register the establishment of the boundaries of state forest resources on the basis of a relevant act of the Government of Georgia, whereas the alteration of the boundaries of forest resources shall be registered in accordance with the procedures under paragraphs 3 and 4 of this article.

2. The boundaries of state forest resources are altered through the adjustment of boundaries.

3. The adjustments of boundaries of state-owned forest resources shall be registered on the basis of an application by the Ministry of Economy and Sustainable Development of Georgia.

4. The boundaries may be adjusted on the basis of an application by the owner or the lawful possessor of a land parcel if the registration document conferring the right to request the registration was issued, adopted or prepared not later than 1 January 2012.

Law of Georgia No 4947 of 24 June 2011 – website, 13.7.2011

Article 15² - Procedure for the establishment of the boundaries of land parcels in factual possession

1. The boundaries of a land parcel in factual possession shall be established, altered and terminated on the basis of an application by a local self-government body, which shall be supported by a cadastral measurement plan prepared under the procedure defined by law.

2. The boundaries of a land parcel shall be established through registration and an extract from the Registry of Immovable Property Rights issued as a result of such registration shall contain information only on the factual possessor and the area in factual possession.

3. The establishment of the boundaries of a land parcel in factual possession shall not exclude the registration of an ownership right to this land parcel under the procedure defined by the legislation of Georgia. In the above case, the information on the factual possession registered in the Public Registry shall be deemed invalid and the respective self-government body shall be notified of this fact.

Law of Georgia No 6324 of 25 May 2012 – website, 12.6.2012

Chapter III - Registry of Movable and Intangible Property Rights

Article 16 - Rights subject to registration in the Registry of Movable and Intangible Property Rights

1. The following shall be registered in the Registry of Movable and Intangible Property Rights:

a) a lien (except for a financial lien, the registration of which is regulated in accordance with the Law of Georgia on Payment Systems and Payment Services);

b) a finance lease;

c) a bank guarantee.

2. For the conferral of the right to a lien under paragraph 1(a) of this article, the right to a lien shall be registered in the Public Registry.

3. The right to a lien on the shares of partners of limited liability companies and limited partnerships shall be registered in the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities.

Law of Georgia No 3888 of 7 December 2010 – LHG I, No 67, 9.12.2010, Art. 416

Law of Georgia No 6309 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 6324 of 25 May 2012 – website, 12.6.2012

Article 17 - Grounds for registration

1. The conferral of, changes to and the termination of movable and intangible property rights shall be registered on the basis of an applicant's notice (information and/or a document) or other information and/or document defined in the Instruction.

2. A registration body shall make a relevant decision upon the registration of an application for the registration of a movable or intangible property right.

3. The procedure for the submission of relevant data as a ground for registration shall be defined by the Instruction.

4. A registration body shall not be responsible for the authority of a person to request the registration of, changes to and/or termination of a movable or intangible property right, and/or for the authenticity of the notice and data submitted by him/her.

Article 18 - Obligation to notify about a request for the registration of the right in the Registry of Movable and Intangible Property Rights

A creditor or a debtor, who submits an application requesting the registration of a right, or changes to and the termination of a registered right on the basis of a notice, shall notify the other party of the registration within one week after the registration is performed.

Chapter IV - Registry of Public-law Restrictions and Registry of Tax Liens/Mortgages

Article 19 - Registry of Public-law Restrictions

1. The Registry of Public-law Restrictions is a set of data on seizures of things and intangible property and on restrictions and prohibitions of administration of rights to things and intangible property imposed by judicial or other administrative bodies under the procedure defined by law, as well as data on the origination of, changes to and the termination of prohibitions on registration.

2. The registration of public-law restrictions on things and intangible property excludes the registration of any other right to or of the abandonment of the ownership right to these things and intangible property, unless otherwise provided for by the respective registration document.

3. Where a legal act on a public-law restriction does not prohibit the registration of the termination of a respective right directly and/or this right is not the object of a public-law restriction, the restriction under paragraph 2 of this article shall not apply to the following:

a) the registration of an ownership right of a lawful possessor of a seized immovable thing, or an immovable thing with prohibited administration, or of a right arising from the compulsory administration of a seized thing and intangible property, under the procedure defined by the legislation of Georgia;

b) the registration of changes to identification data of subjects and objects of rights;

c) the termination of registered rights (except for ownership rights).

4. A public-law restriction may not be registered if, at the time of the submission of a request for the registration of a public-law restriction on a thing or intangible property, this thing or intangible property is owned by a third person, and/or the registration document conferring the right to request the registration of an ownership right has been issued, adopted or prepared before the registration of origination of a seizure or administration prohibition on the registration object. In addition, the registration document must have been issued, adopted or prepared before the entry into force of this Law.

5. Where the registration of a public-law restriction is requested and, before a decision on the registration is made, another registration has also been requested that contradicts the content of the public-law restriction, first a decision shall be made on the registration of the public-law restriction and then a decision shall be made on the other right submitted for registration.

Law of Georgia No 1962 of 3 November 2009 - LHG I, No 35, 19.11.2009, Art. 251

Article 20 - Registry of Tax Liens/Mortgages

1. Rights to tax liens/mortgages shall be registered in relation to things (except motor vehicles) and intangible property.

2. A right to a tax lien/mortgage may not be registered if, at the time of the registration of a request for the registration of a right to a tax lien/mortgage on an immovable thing, this thing or intangible property is owned by a third person.

Chapter IV¹ - Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities

Law of Georgia No 6324 of 25 May 2012 – website, 12.6.2012

Article 20¹ - Principles of maintaining the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities

1. Data on the origination, changes to and the termination of subjects under the Law of Georgia on Entrepreneurs and the Civil Code of Georgia and on the arising of, changes to and the termination of obligations related to the limitation of titles to the shares of partners of limited liability companies and limited partnerships shall be registered in the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities.

2. The grounds for the registration of subjects in the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities and the procedure for maintaining the registry shall be determined by the Law of Georgia on Entrepreneurs and the Civil Code of Georgia. Additional conditions for registration shall be determined by the Instruction on the Registration of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities that is approved by the Minister of Justice of Georgia.

3. A subject shall be considered created, registered data changed and registration terminated upon the entry into force of a decision on the registration of any of the above in the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities.

4. As a result of registration, a registration body shall prepare an extract. This procedure shall not apply to the registration of public-law restrictions and tax liens/mortgages, or to the registration of movable and intangible property rights, except for the registration of, changes to and the termination of liens on the shares of partners of limited liability companies and limited partnerships.

5. An extract from the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities shall be prepared in the Georgian language; upon the request of an interested person, the extract may also be prepared in the English language. If an extract is prepared in the English language, it shall also be prepared in the Georgian language.

6. A registration body shall make a decision on the registration of a subject as a business operator under the Food/Feed Safety, Veterinary and Plant Protection Code according to the procedure defined by the Law of Georgia on Entrepreneurs and by the Instruction on the Registration of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities if the documents submitted for registration specify that the activities of the subject are related to the production, primary production, processing and distribution and sale of food/feed, animals, plants, products of animal and plant origin, veterinary drugs, pesticides and agrochemicals, or to services in the field of veterinary and plant protection.

6¹. A registration body shall make a decision on the registration of a subject as a subject providing employment or employment assistance outside Georgia according to the procedure defined by the Law of Georgia on Entrepreneurs and the Instruction on the Registration of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities if the documents submitted for registration specify that the activity of the subject is related to the provision of employment or employment assistance outside Georgia.

7. A registration body shall prepare information on the activities of a subject from the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities in the form defined by the Instruction on the Registration of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities if a subject has been registered according to the procedure determined by paragraphs 6 and 6¹ of this article.

8. Information about the activities of a subject from the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entities shall be prepared in the Georgian language; upon the request of an interested person, the information may also be prepared in the English language. If the information is prepared in the English language, it shall also be prepared in the Georgian language.

Law of Georgia No 6324 of 25 May 2012 – website, 12.6.2012

Law of Georgia No 2286 of 17 April 2014 - website, 2.5.2014

Law of Georgia No 3420 of 1 April 2015 - website, 22.4.2015

Chapter V - Making and Appealing Decisions on Registration

Article 21 - Suspending a registration procedure

1. A registration body shall make a decision on the suspension of a registration procedure if:

a) an application is not supported with documents or information provided for by the legislation of Georgia, which are necessary for making a decision on the issue raised in the application and/or if the fee for services provided by the Agency has not been paid;

b) an application and/or supporting documents or information are not submitted in the form and under the procedure defined by the legislation of Georgia;

c) an application and/or supporting documents or information do not provide means to identify the following: a right to a thing and intangible property, an obligation related to an immovable property ownership right, changes to and the termination of such right or obligation, a public-law restriction, an object or a subject of a tax lien/mortgage, and/or an owner or a lawful possessor of an object;

d) there is a coincidence of the cadastral data of an immovable thing submitted for registration and of an immovable thing registered in the Public Registry, which is provided for by the Instruction, or if the area of an immovable thing in the cadastral data exceeds the area of an immovable thing indicated in the document confirming the right to the thing, except as provided for by the Instruction;

e) the registration body has officially become aware of the appeal of a registration document or other document or any part of it and such appeal results in the suspension of the validity of the registration document or other document or any part of it;

f) there is a final act of a court (arbitration tribunal) that provides for the suspension of the registration procedure

g) there are circumstances as defined in Article 25 of this Law;

h) the registration of a right to a land parcel, or of an obligation related to an ownership right to a land parcel, or of changes to or termination of such right or obligation, has been requested, but the cadastral data on the land parcel are not available in the registration body or the cadastral data kept at the registration body do not comply with the requirements provided for by the Instruction;

h¹) documents submitted for registration have been sent to a relevant law enforcement body for the examination of their lawfulness;

i) there are other grounds provided for by the legislation of Georgia.

2. A registration procedure may be suspended for 30 calendar days, except as provided for by paragraph 3 of this article. This period shall be counted from the date an interested person is officially presented with the decision on the suspension of the registration procedure, or if the decision was published on the relevant website of the Agency, from the date of its publication. This period may not be extended.

3. In the cases provided for by paragraph 1(e), (f), (g) of this article, a registration procedure shall be suspended for the period indicated in a final act of the relevant body.

3¹. If the legal grounds for the suspension of a registration procedure under paragraphs 2 and 3 of this article exist simultaneously, the registration procedure shall be suspended until these grounds no longer apply but for not less than 30 calendar days.

4. A registration body shall make a decision on the resumption of a registration procedure if information or a document confirming that the grounds for the suspension of the registration procedure no longer apply is submitted within the period of suspension of the registration procedure.

5. If a registration procedure is resumed, the counting of the time frame for the registration procedure shall start anew.

Law of Georgia No 1348 of 26 June 2009 – LHG I, No 13, 2.7.2009, Art. 69

Law of Georgia No 4947 of 24 June 2011 – website, 13.7.2011

Article 22 - Termination of a registration procedure

A registration body shall make a decision on the termination of a registration procedure if:

a) an applicant or a person authorised by the applicant requests the termination of the registration procedure in the course thereof;

b) information or a document confirming that the grounds for suspension of the registration procedure no longer apply has not been submitted within the period of suspension of the registration procedure;

c) in the course of the registration procedure, a registration body has officially become aware of the fact that a right submitted for registration, or an obligation related to an immovable property ownership right, or a public-law restriction or a tax lien/mortgage, or their subjects or objects, no longer exist, or the registration document and/or other document has been declared invalid or null and void;

d) there is a final act of a court (arbitration tribunal) that provides for the termination of the registration procedure;

e) there are other grounds provided for by the legislation of Georgia.

Law of Georgia No 1348 of 26 June 2009 – LHG I, No 13, 2.7.2009, Art. 69

Article 23 - Refusal of registration

In the course of a registration procedure, a registration body shall make a decision on the refusal of registration if:

a) the origination, changes to and the termination of a right or of an obligation related to an immovable property ownership right, or the origination, changes to and the termination of a right to a tax lien/mortgage or of a public-law restriction, or the origination of the abandonment of an immovable property ownership right, is not subject to registration;

b) a right, or an obligation related to an immovable property ownership right, or changes to and the termination of such right or obligation, or a public-law restriction or a tax lien/mortgage, which have been already registered, exclude the registration of a right, a public-law restriction or a tax lien/mortgage, which have been submitted for registration, to the same immovable thing;

c) the registration document has been issued, adopted or prepared by an unauthorised person;

d) the fact of the annulment of the registration document has become known under the established procedures;

e) there is a final act of a court (arbitration tribunal) that provides for the refusal of registration;

f) by the time registration is requested, the ownership right has been transferred to a new owner;

f ¹) the request for registration is identical to already registered data;

g) there are other grounds provided for by the legislation of Georgia.

Law of Georgia No 1348 of 26 June 2009 – LHG I, No 13, 2.7.2009, Art. 69

Law of Georgia No 4947 of 24 June 2011 – website, 13.7.2011

Article 24 - Additional issues related to a registration procedure

1. Restrictions provided for by the legislation of Georgia shall not apply to the re-submission of an application on the same issue in the case under Article 22(a) of this Law.

2. Restrictions provided for by Article 92 of the General Administrative Code of Georgia shall not apply to a registration procedure performed by an authorised person.

Law of Georgia No 1962 of 3 November 2009 - LHG I, No 35, 19.11.2009, Art. 251

Article 25 - Suspension of the validity of registered data

1. The validity of registered data shall be suspended upon the suspension of a decision on registration if:

a) the registration document has been appealed and this appeal results in the suspension of the validity of the registration document;

b) a legal act of an authorised body suspending the validity of the registered data has been submitted;

c) there is a final court judgment confirming that the registration document has been issued, adopted or prepared as a result of a criminal act of a person.

2. During the period of suspension of the validity of registered data, no extract on a thing or intangible property may be prepared, and no right (except to a tax lien/mortgage), or obligation related to an immovable property ownership right, or changes to and the termination of such right or obligation, may be registered.

Article 26 - Annulment of registration

1. Registration shall be declared invalid if:

a) a registration document confirming the transfer and/or termination of a right has been submitted;

b) a document confirming the right, which is the ground for registration, has been declared invalid or null and void;

c) the decision on registration has been declared invalid;

d) the validity period of the right has expired;

e) there are other grounds provided for by the legislation of Georgia.

2. Declaring a registration invalid shall not result in the restoration of the registration which was deemed valid prior to being declared invalid.

3. Registration shall be declared null and void if:

a) the decision on registration has been declared null and void;

b) a final act of a court has been submitted, which confirms that the registration has been declared null and void;

c) there are other grounds provided for by the legislation of Georgia.

4. The consequences of declaring a registration null and void shall be determined under the procedure defined in the legislation of Georgia.

5. The annulment of a registration may be appealed together with the grounds for annulment.

Article 27 - Decisions of a registration body

1. A registration body shall issue decisions on registration.

2. A decision of a registration body shall be issued in written form and shall contain the following data:

a) the type of decision;

b) the title;

c) the name and address of the registration body;

d) the date of issue and a registration number;

e) justification and legal grounds;

f) the name and address of a body where the decision may be appealed and the time frame for appealing the decision;

g) the name, surname and signature of the authorised person;

h) an official seal.

3. A right to things and intangible property defined in this law, or an obligation related to an intangible property ownership right, or a right to a tax lien/mortgage and a public-law restriction, shall be deemed originated, changed or terminated and an ownership right abandoned upon the issuance of a decision on registration, except as provided for by this Law.

4. Data may be entered in a decision using mechanical and/or electronic means.

5. A decision may be published by means of automated management tools. A decision published by means of automated management tools need not meet the requirements of paragraph 2(e), (g) and (h) of this article.

6. A decision shall enter into force upon its publication under the procedure defined by the legislation of Georgia.

7. A decision shall also be deemed published if it is published on the official website of a registration body.

8. If a decision is issued by means of automated management tools, the counting of time frames related to the decision shall start upon its publication.

9. The procedure, form and other legal grounds for the issuance of a decision shall be determined by the Instruction.

Article 28 - Correction of technical errors in registered data

A registration body shall, upon discovery, correct its technical errors, caused by an inaccurate transfer of data from documents or by technical or calculation mistakes. Orthographic, arithmetic and other technical inaccuracies shall also be deemed as technical errors.

Article 29 - Procedure for appealing decisions of a registration body

1. Any interested person may appeal a decision of a registration body after being officially presented with the decision, and if the decision has been published, within 30 calendar days after its publication.

2. Decisions of a registration body on the refusal of registration, on the suspension or termination of registration procedures, except for decisions on the registration of movable and intangible property rights, shall be appealed under the procedure defined by the legislation of Georgia.

3. Decisions of a registration body on the registration of rights, as well as on the refusal of registration and on the suspension or termination of registration procedures related to movable and intangible property rights, shall be appealed in court. Decisions of a registration body on registration shall be appealed in court.

4. Appealing a decision on registration of a registration body shall not suspend the validity of registered data and shall not preclude the issuance of an extract or other legal act on the basis of such data, unless otherwise provided for by the authorised body.

5. Appealing a decision of a registration body on the suspension of a registration procedure, or on the termination of a registration procedure or on the refusal of registration, shall not suspend the validity of the appealed decision.

Chapter VI - (Deleted)

Law of Georgia No 5565 of 20 December 2011 – website, 28.12.2011

Article 30 - (Deleted)

Law of Georgia No 4947 of 24 June 2011 – website, 13.7.2011

Law of Georgia No 5565 of 20 December 2011 – website, 28.12.2011

Article 31 - (Deleted)

Law of Georgia No 1343 of 26 June 2009 – LHG I, No 16, 7.7.2009, Art. 79

Law of Georgia No 1962 of 3 November 2009 - LHG I, No 35, 19.11.2009, Art. 251

Law of Georgia No 2980 of 27 April 2010 – LHG I, No 24, 10.5.2010, Art. 146

Law of Georgia No 3888 of 7 December 2010 – LHG I, No 67, 9.12.2010, Art. 416

Law of Georgia No 4208 of 22 February 2011 – website, 10.3.2011

Law of Georgia No 4413 of 11 March 2011 – website, 17.3.2011

Law of Georgia No 4468 of 22 March 2011 – website, 29.3.2011

Law of Georgia No 4947 of 24 June 2011 – website, 13.7.2011

Law of Georgia No 5565 of 20 December 2011 – website, 28.12.2011

Article 32 - (Deleted)

Law of Georgia No 1962 of 3 November 2009 LHG I, No 35, 19.11.2009, Art. 251

Law of Georgia No 3888 of 7 December 2010 – LHG I, No 67, 9.12.2010, Art. 416

Law of Georgia No 4413 of 11 March 2011 – website, 17.3.2011

Law of Georgia No 4947 of 24 June 2011 – website, 13.7.2011

Law of Georgia No 5565 of \20 December 2011 – website, 28.12.2011

Article 32¹ - (Deleted)

Law of Georgia No 1962 of 3 November 2009 - LHG I, No 35, 19.11.2009, Art. 251

Law of Georgia No 5565 of 20 December 2011 – website, 28.12.2011

Article 33 - (Deleted)

Law of Georgia No 1962 of 3 November 2009 - LHG I, No 35, 19.11.2009, Art. 251

Law of Georgia No 2980 of 27 April 2010 – LHG I, No 24, 10.5.2010, Art. 146

Law of Georgia No 3888 of 7 December 2010 – LHG I, No 67, 9.12.2010, Art. 416

Law of Georgia No 3966 of 10 December 2010 – LHG I, No 74, 24.12.2010, Art. 447

Law of Georgia No 4208 of 22 February 2011 – website, 10.3.2011

Law of Georgia No 4413 of 11 March 2011 – website, 17.3.2011

Law of Georgia No 4947 of 24 June 2011 – website, 13.7.2011

Law of Georgia No 5008 of 1 July 2011 – website, 15.7.2011

Law of Georgia No 5565 of 20 December 2011 – website, 28.12.2011

Article 34 - (Deleted)

Law of Georgia No 1962 of 3 November 2009 - LHG I, No 35, 19.11.2009, Art. 251

Law of Georgia No 2980 of 27 April 2010 – LHG I, No 24, 10.5.2010, Art. 146

Law of Georgia No 5565 of 20 December 2011 – website, 28.12.2011

Chapter VII - Transitional and Final Provisions

Article 35 - Transitional provisions

1. The Minister of Justice shall approve the Instruction on the Public Registry. Before the approval of the Instruction, the norms of the instruction approved by Order No 800 of 13 December 2006 of the Minister of Justice of Georgia on the Approval of the Instruction on the Registration of Immovable Property Rights, which do not contravene the provisions under this Law and the legislation of Georgia, shall be applicable.

2. Transactions, which were made before the entry into force of the Civil Code of Georgia and which were not registered in the relevant registration body within the time frames determined by the legislation in force in that period, shall serve as a basis for the registration of an immovable property right.

3. A right to an object of individual ownership shall be registered in accordance with the total area of the object, i.e. its residential and non-residential areas.

4. The following shall be declared invalid:

a) seizures and other measures precluding registration or the administration of things and intangible property recorded before the entry into force of the Civil Code of Georgia;

b) seizures and other measures precluding registration or the administration of a thing or intangible property, the documentary proof of which is not kept at a registration body or which has been recorded on the basis of an act of an unauthorised person or body;

c) a public-law restriction registered before the entry into force of this Law, provided it was recorded after the thing or intangible property had been transferred into the ownership of a third person, and/or a registration document conferring the right to request the registration of an ownership right, which has been issued, adopted or prepared before the seizure or the prohibition of administration of the registration object has been registered.

5. Tax liens/mortgages on things and intangible property, the documentary proof of which is not kept at a registration body or which have been registered on the basis of an act of an unauthorised person or body, shall be declared invalid. Tax liens/mortgages shall also be declared invalid if they were registered after a thing or intangible property had been transferred into the ownership of a third person.

6. A registration body shall apply to the body that has imposed a seizure or a tax lien/mortgage on a thing or intangible property to identify the owner or user (possessor) of an object of seizure or tax lien/mortgage if a seizure or tax lien/mortgage is registered to a thing or intangible property, but documents (information) identifying the owner or user (possessor) of the object of seizure or tax lien/mortgage as defined by the legislation of Georgia have not been submitted to the registration body. A body that imposed a seizure or a tax lien/mortgage shall, within one month after the application, submit to the registration body the documents (information) determined by the legislation of Georgia for the identification of an owner or user (possessor) of an object of seizure or tax lien/mortgage. If the above documents (information) are not submitted within one month, this shall serve as a basis for the registration body to declare the registration of the seizure or tax lien/mortgage invalid.

Law of Georgia No 1962 of 3 November 2009 - LHG I, No 35, 19.11.2009, Art. 251

Article 36 - Final provisions

1. The following shall be considered repealed upon the entry into force of this Law:

a) the Law of Georgia on the Registration of Immovable Property Rights;

b) the Law of Georgia on Fees Established for Services Provided by the National Agency of Public Registry

2. This Law shall enter into force on the 15^th day from its promulgation.

President of Georgia                                                                                                                                                   M. Saakashvili

Tbilisi

19 December 2008

No 820–IIს