News

15/11/2013 PROFILE > Avocat , Notaire

Security: the signature should be affixed under the compulsory handwritten indications subject to invalidity

Very formal in nature due to the risks it incurs, a security should be drafted on a valid deed with a certain number of handwritten indications. The signature of the person standing guarantor should be affixed under these indications and should not precede these, otherwise the deed is invalid.
This was confirmed by a decision of 17 September 2013, published on the Official Journal (no. 12-13577). Judges from the Commercial Chamber of the Court of Cassation annulled a security deed in which the signature of the party concerned had been affixed immediately below the pre-printed clauses, then entered the handwritten indications beneath the signature, but without once more signing beneath these indications.