4.7 Paper document registration – in particular on the relationship between the two modes of registration
The fact that paper registration is still possible, and in some instances is a necessity, requires some words on the interplay between the two modes of registration. The rule that priority depends upon time of registration (MC Section 23) is further defined in Regulation 593/1992 Section 11 paragraph two:
“Documents are consecutively registered in the daily journal according to the date and time of reception for registration. Documents reaching the Registrar in the same mail shall be regarded as having been received at the same time. Documents arriving by morning mail shall be regarded as arriving at 10 am.”
Some examples: Two paper mortgages received after 15:00 hours on day 1 and one paper mortgage by morning mail on day 2, will all have priority from 10:00 hours on day 2. They will all have priority behind the electronic mortgage registered on day 1 at 15:01 hours or at 09:59 on day 2 (assuming that all mortgagees are “in good faith”).
There is considerable flexibility in the system, see Regulation 593/1992 Section 28. The first paragraph defines office hours, which gives the background for paragraph two and three:
“Outside these hours, it will be possible to deliver documents for registration on all weekdays, including Saturdays and Norwegian national holidays, between 07:00 and 24:00 hours, if this is necessary for the sake of simultaneous deletion from or registration in foreign registers. The same applies when this is indicated out of regard for foreign holders of rights. Delivery of documents outside office hours must always be arranged with the Registrar.
Electronic documents, cf. Section 7, may be delivered for registration outside office hours.”
These rules are important, e.g. when change of ownership (“closing”) takes place outside Norway at a time not corresponding to Norwegian “office hours”, with the involvement of a number of banks situated in more than one country.
See also the rules on system break down or upgrading in 4.2.