Notice of freezing and confiscation orders in accordance with the Regulation (UE) 2018/1805

Part 1. Registry requirements

1. What is the procedure to lodge or present these judicial orders in the Land Register? Particularly electronic.

There are no restrictions on how judicial orders can arrive. They can be hand delivered, arrive by traditional mail or e-mail. We do not have any internal network with the National Enforcement Authority in Finland or with the Finnish courts. There is an interface service provided for the National Enforcement Authority, through which they are able to make some registrations straight to the register held by the National Land Survey. Advanced electronic signature is not required.
According to the national regulation based on the European regulation (2018/1805) a prosecutor makes the decision on recognizing a freezing order. The prosecutor must send the decision to the National Enforcement Authority in Finland. If the freezing order concerns a property, the National Enforcement Agency sends the information to the National Land Survey in Finland, which makes a notification in the register.
According to national regulation based on the European regulation (2018/1805) the Legal Register Centre makes the decision on recognizing a confiscation order. The information usually comes from The National Enforcement Agency to the National Land Survey.

2. Possibility of registering these orders in the event that who appears as the owner of a property according to the land registry («A») is a different person from the defendant (or person «B») who is issued a freezing or confiscation order against

The judgement is registered even if the owner is different from the defendant. National Land Survey of Finland only registers the judgement according to the document that is sent to it. NLS do not have the authority to question the courts or the National Enforcement Authority´s decision.
Concerning freezing orders, a court’s decision on freezing a property can be made only if the defendant owns the property.
The National Land Survey only makes registrations according to the judgement. If there is need for any clarification concerning the real property the decision concerns, clarification can be sought mainly from the National Enforcement Authority.
The National Land Survey does not take any contact with the owner of the property.

3. Type and duration of the registration of these orders

• A confiscation order can only lead to indefinite registrations.
• A freezing order may lead to a provisional or temporary registration or notice and also to registrations for an indefinite period.

Part 2. Registry effects

1. Effects of the freezing order once registered

• A warning to third parties
• Prohibition of disposal: the owner is not allowed to sell, mortgage or carry out any other act of disposal on the property. The order blocks any possible registration.

2. Effects of the confiscation order once registered

• A warning to third parties
• Prohibition of disposal: the owner is not allowed to sell, mortgage or carry out any other act of disposal on the property. The order blocks any possible registration.

3. What is the registry proceeding and moment in which the opening procedures of freezing or confiscation are applied for registration?

When a freezing or confiscation order comes from another authority to the National Land Survey, the entry in the register must be made instantly during the same day. As mentioned in first questionnaire, NLS do not have any competence to make decisions concerning freezing or confiscation orders, NLS only make the registration based on another authorities decisions.

4. What are the executing authorities of these orders in this national system and what is the role of the land registers?

The Ministry of justice in Finland is the central authority in all these matters and helps all other authorities with contacts.
Freezing orders:
The prosecutor makes the decision according to the Finnish legislation. The prosecutor must inform the National Bureau of Investigation, Customs, the Finnish Border Guard, and the Legal Register Centre of the freezing order before the decision is made. After the decision is made, the prosecutor must send the decision to the National Enforcement Authority in Finland as soon as possible. The National Enforcement Authority then executes the decision.
If the freezing order concerns a property, the National Enforcement Agency sends the information to the National Land Survey in Finland, which makes a notification in the Title and Mortgage register. The National Land Survey of Finland makes the registration according to the prosecutors and Enforcements Agency´s decisions.
Confiscation orders:
The Legal Register Centre in Finland makes the decision on recognizing a confiscation order. The decision is sent to the Police of Finland, which enforces the decision. The information can come from the Police or from The National Enforcement Agency to the National Land Survey, which then makes a notification in the title and mortgage register.

Part 3. National land registry experience

From the perspective of the Land Survey these kinds of judicial orders are procedurally handled in the same way. They lead to a registration in the register which state who the order concerns. The registration also states which authority has issued the order and what kind of order has been given.
The National Land Survey do not make decisions concerning freezing and confiscation orders; we only register other authorities’ orders/decisions.
Both freezing orders and confiscations are not very frequent. We have very little experience with such kinds of orders.