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

Sales agreement with a reservation of ownership clause

Article L. 624-10 of the commercial Code pertaining to the rights of sellers of movable tangible property and claims relating to legal safeguard, recovery and liquidation procedures, releases the owner of an asset from the obligation of obtaining recognition of rights of ownership where such assets have been published in a journal of legal announcements.

To ensure publication, article R. 624-15 of the commercial Code refers to provisions concerning leasing contracts.

Publication of the leasing contract containing a reservation of ownership clause is performed by inscription on a register maintained by the commercial court registry. There are no time limits for carrying out the inscription.

The competent registry office is that under which the client (party acquiring the property) is filed with the Trade and Companies Register (RCS). If the client is not registered, the competent registry is that to which the establishment concerned by the property belongs.

The owner of the property provides the registry office with two dockets containing:

  • denomination, registry office and RCS number;
  • for the client, the RCS number if he is registered with the RCS; in the case of a physical person : name, first names, domicile, place where activity is practised, profession (where the person is not inscribed in the RCS); in the case of a legal entity: denomination, registered office, legal type and form (if the entity is not inscribed in the RCS);
  • concerning the property, its type and a brief description.

In the absence of annulment, the inscriptions lapse every five years unless renewed (article L. 313-11 of the Monetary and Financial Code).

Any modifications affecting initial information shall be published next to the existing inscription. In cases where such modification involves a change the competent territorial court, the seller shall, in addition to other actions, ensure that the modified inscription is carried over to the registry office of the new commercial court.

Prices

(Prices with tax)

Payments to be made to the order of the relevant GREFFE DU TRIBUNAL DE COMMERCE.

INSCRIPTION (including postal costs): 10.30 euros.

MODIFICATION (including postal costs): 5.62 euros.