Nantissement de matériel et outillage : document de radiation
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.
Pledge of tools and equipment
With respect to a business owner, the rules applicable to removal of a pledge of business assets are applicable.
Full or partial removal must be the result of
- a certified instrument, which may be: (most frequently) a copy of the notarised instrument for withdrawal, a copy of the judgement ordering removal, accompanied by a copy of the notice and a certification of non-contestability and non-appealability establishing that the judgement entered in force by res judicata, an original of the administrative act, meaning a decision of an agent of the State, acting in the name of the French State;
- an instrument under private seal duly registered (Article L. 143-20 of the Commercial Code).
Prior to any removal, the court clerk verifies the quality and capacity of the signatory of the instrument. The removal is marginally referenced in the registration. If full [removal], the registration is no longer revealed. If partial, the registration remains for the relevant amount.
With respect to a buyer which is not a business owner, the provisions of Article L. 525-16 of the Commercial Code apply: the removal only occurs by virtue of a judgement entered in force by res judicata or a certified instrument of consent given by the creditor.
(Costs including tax)
The formality is free of charge
PARTIAL REMOVAL (including postal costs)
Payment to the order of the relevant GREFFE DU TRIBUNAL DE COMMERCE.
For a debt of less than 20,800 euros: 17.11 euros.
For a debt equal to or exceeding 20,800 euros: 54.55 euros.