Why and how to sign up?
The usage of all the features of the site of the Registry except for the "search" function requires prior registration. This registration is free and particularly simple. Depending on his status (bank, financial institution, other legal entity, notary, lawyers, individuals, etc.), the person who has registered as a Client will then be granted rights allowing him to use all or part of the functionalities offered by the Registry service. Some of them are reserved for institutional users only (banks, financial institutions and notaries in particular). After registering and providing the required supporting documents, if applicable, the customer is given a username and password to log in and perform the authorized transactions based on his status.
How to register a slip?
After registration, a person can, depending on his status, register a registration form for a security right online, or pre-fill it before sending it, for validation to the DIRECTORY OF REGISTRIES FOR MOVEABLE SECURITIES (DRMS).
Institutional users (including the Bank, other financial institutions and notaries) have the possibility, from the website of the moveable security, to complete the registration form and pay the related fees (service to be provided in the future). This means they no longer have to move to the DRMS office to deposit paper slips. If the transaction does not involve a financial institution, they will be sure to attach to their application a scanned version of the signed slip from the debtor, the notary and the two witnesses. The use of registry services thus offers considerable time savings.
Once the registration of the slip has been finalized, i.e. once the related fees have been paid to the Bank of the Republic of Haiti, a summary is provided to the client, who is invited to print it. This summary is important because it not only allows the client to verify that the information entered is correct, but also and especially, it provides him with the registration references necessary to proceed in the future with any amendment or termination of the registration.
Other clients (individuals, lawyers, non-financial legal persons, etc.) are offered the possibility of pre-filling their registration form on the website of the Moveables Securities Registry. They will be able to print it, have it signed by the debtor, the notary and the two witnesses if the transaction does not concern a financial institution, before sending it, together with the payment of the related fees, to the DRSM.
Once the registration has been validated, a summary of the information recorded is sent to both the creditor and the securing party. A PIN code, which will allow any amendment or termination of the notice to be made at a later date, is sent to the person who registered by email or SMS depends of his choice.
How to amend a notice?
The person who made the initial notice has the possibility to make any amendments to this notice later. This may include, for example, renewing the registration term or adding or removing encumbered assets. To do this, the person who made the initial notice must, with his pin code allowing him to authenticate himself, register if he is an institutional user, or, in other cases, pre-filled an amendment slip before sending it to the DRMS for validation.
Once the payment of the related costs has been completed, the amendment will become effective.
How to terminate a notice?
When the secured obligation has been lawfully discharged by the debtor, the moveable security right is then extinguished. It is then important for the securing party that the notice of the security right be terminated.
The creditor is responsible for proceeding with this termination without delay. To do this, he must register a termination form and attach, either electronically or by delivery to the DRSM office, a copy of the form signed by the creditor and the debtor or the authentic document giving agreement to the termination of the notice.
In the case of refusal by the creditor to proceed with the termination, the securing party has the possibility to apply to the court for a judgment condemning the creditor to proceed with thetermination. This judgment is then attached to the termination slip, which will be registered by the Clerk. The formality of termination a notice is free.
How to carry out a search?
Consultation of the registry is free and open to all. It does not require any prior registration. The person wishing to conduct a search must simply log on to the moveables securities website, and have information corresponding to at least 2 of the 4 criteria from which a search can be performed.
He will then have access to the search form that he will then have to fill in.
Once the search criteria have been entered, the registry site immediately displays the search results on the screen. If the search is successful, the screen will display information about the security right(s) created by the searched securing party or about the property whose serial number was used as a search criterion. The extent of the information provided depends on the status of the person conducting the research. In order to preserve confidentiality, customers other than financial institutions have access to only a limited number of information (description of the encumbered asset, etc.).
If the search is negative, the result is displayed on the screen. The attention of the searcher is drawn to the fact that a negative result of a search based on the serial number/VIN of the property does not guarantee the absence of any security interest. It is possible that the creditor did not enter the serial number / VIN when registering his security interest. The searcher is then invited to conduct a second search based on the grantor's name and Tax number/National Id toconfirm the absence of any security right in any of the securing party's assets.
In all cases, the person conducting the research will have the possibility to print the result of the research for his personal use. If it wishes to obtain an official authentic search result certificate, bearing the seal of the Direction du DRMS, it may order such a certificate by clicking on the corresponding button. This service is not free of charge. Upon receipt of payment, the DRMS will send or keep at its disposal the official certificate.
How much does it cost to use the Registry?
The cost of registration in the registers is fixed by law and is not different depending on whether registration is carried out from the DRMS website or at its counters.
The costs are currently as follows :
- Registration fee for an initial notice: fee of 0.2% of the amount determined in the registration slip.
- Other registration (amendment, renewal, etc.): fixed fee of 250 gourdes
- Termination costs: free of charge
- Free search fees: free of charge
- Fees for obtaining an official research result certificate: fixed fee of 250 gourdes
The fees, collected by the Public Treasury, are to be paid to the cashier of the Bank of the Republic of HAITI.
What if I don't have access to the Internet?
All transactions that can be carried out from the DRMS website can also be carried out from the office of the DIRECTORY OF REGISTRIES FOR MOVEABLE SECURITIES, located at the DGI (Port au Prince).
