Procedures Guide

The Procedures guide allows entrepreneurs and decision-makers to have a reliable, precise and up to date overview of legal procedures and measures concerning commercial formalities to be undertaken. It is broken down into 6 sections in which you can find information and documentation required for formalities with Registry Offices at the Commercial Courts.

Sommaire des formalités

Pledge of tools and material

Time frame

Registration with the clerk of the commercial court must be undertaken within fifteen days of the instrument establishing the pledge. Note that this instrument itself must be concluded within two months from delivery.

Competence

Registration must be undertaken:

- if the debtor is a business owner, with the clerk of the commercial court of the jurisdiction in which the business assets are operated;

- if the debtor is not a business owner, with the clerk of the commercial court of the jurisdiction in which the debtor is domiciled, or if it relates to a person registered in the trade directory, in the jurisdiction in which the artisanal assets are located (Article L. 525-16 of the Commercial Code).

Documents to be forwarded to the clerk of the court by the creditor

THE LEGAL INSTRUMENT

Such relates to the instrument establishing the pledge. A simple promise of pledge is not sufficient. When the pledge is consented to by a seller of machinery and equipment, it is consented to in a sale agreement. When the pledge is consented to by a lender who advances the funds necessary for payment of the seller, such is set forth in the loan agreement.

This instrument must reference, under penalty of nullity, that the amounts paid by the lender are intended to insure payment of the acquisition price of the acquired property. Such must be set forth in the body of the instrument and each of them must be described in a precise manner, in order to distinguish them from other similar property belonging to the business. The instrument also indicates the fixed or indicated location of the property, or otherwise, that it is subject to be moved.

If the legal instrument is under private seal, an original bearing the signatures of the parties and the reference that registration is on file with the clerk of the commercial court.

THE REGISTRATIONS FORMS

Registration form for pledge of tools and material

The relevant form must be filed in duplicate with the clerk of the court.

Prices

(Costs including tax)

Payment to the order of the relevant GREFFE DU TRIBUNAL DE COMMERCE.

REGISTRATION (including postal costs)

For a debt of less than 20,800 euros: 28.03 euros.

For a debt equal to or exceeding 20,800 and less than 41,600 euros: 102.91 euros.

For a debt exceeding 41,600 euros: 151.27 euros.

REFERENCE TO PRECEDENCE, SUBROGATION AND RENEWAL (including postal costs)

For a debt of less than 20,800 euros: 13.99 euros.

For a debt equal to or exceeding 20,800 euros: 31.15 euros.

MARGINAL REFERENCES (including postal costs)

For all amounts: 7.18 euros.