SLOVENIA Law and Practice Contributed by: Blaž Ogorevc, Miha Štravs and Blaž Murko, Odvetniki Šelih & partnerji, o.p., d.o.o.
3.8 Lenders’ Liability Under Environmental Laws
provide consideration, or if it was only obliged to provide consideration of a small value. 3.10 Taxes on Loans The costs in connection with mortgage loans that need to be paid by lenders or borrowers are, according to the Land Registry Act, Notary Act and the Law of Property Code: • court fee for registration in the Land Register; and • notary’s fees (which are payable according to the official notary tariffs) for notarial services. Registration in the Land Register requires a Land Registry Permission, which must be either notarised or issued in the form of a notarial deed. In the land registration procedure, the notary often serves as the proxy of the applicant for registration of the mortgage. No specific stamp duties apply, and the costs and fees are generally rather low compared to neighbouring jurisdictions. 4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning In Slovenia, spatial planning and zoning is gov - erned by the Spatial Management Act, which envisages a system and hierarchy of spa - tial planning acts. Spatial planning acts either take the form of spatial strategy acts or spatial implementation acts, and are adopted at a state, regional or local/municipal level. Accordingly, the state is responsible for the adoption of a spatial planning strategy for Slo - venia and a thematic and regional actions pro -
Under the Environmental Protection Act, lend - ers cannot be held liable for pollution of real estate by merely holding or enforcing security over such real estate. Theoretically, however, a lender could be held liable for any pollution of real estate caused by it, or if lenders take control of a contaminated property through foreclosure or if they become actively involved in the man - agement of the property. 3.9 Effects of a Borrower Becoming Insolvent Under the Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act, security interests created by a borrower in favour of a lender may be set aside or annulled, if they were established in the look-back period and if, at that time, the debtor was already insolvent and if further objective and subjective condi - tions were satisfied. The objective condition is met if the debtor’s actions resulted either in the decrease in the net value of its assets, resulting in reduced payments to creditors other than the (benefited) person, or if the other (benefited) per - son acquired more favourable payment condi - tions for its claim against the debtor. The subjec - tive condition is met if, at the time of the debtor’s actions, the other (benefited) person knew (or should have known) of the debtor’s insolvency. Security interests created by a borrower in favour of a lender, which may be set aside or annulled, are only those made in a look-back period start - ing from 12 months prior to the day of filing of the motion for bankruptcy and ending on the day on which the bankruptcy proceedings are initiated. The look-back period is extended to 36 months if the other (benefited) person received assets of the company without being obliged to
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