Nantissement de parts sociales : formalité d'inscription
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 company shares
According to the provisions of Article 1, Paragraph 2 of the Decree, the registration of a pledge of company shares, in application of the last paragraph of Article 2355 of the Civil Code, is made with the clerk of the commercial court of the place of registration of the company whose shares are pledged.
Publication of such pledge follows the rules of publication of a pledge without repossession, with certain differences: Article 1, Paragraph 2 and Article 2 (5°) of the Decree. Company shares form Category 12 of the nomenclature established by the Order of 1 February 2007.
Documents to be forwarded to the clerk of the court by the creditor
The creditor files or addresses to the court clerk an original of the instrument establishing the pledge or a copy if the instrument is certified.
Two copies of the registration form is attached to the instrument.
Effects of registration
Registrations normally made take effect as of their date. Registration preserves the pledge for five years from its date. It effects ceases if the registration is not renewed before the expiration of this period. In such event, the court clerk automatically proceeds with removal of the registration.
A request for a modifying registration is brought before the clerk of the commercial court in the place of registration of the company of which the shares are pledged.
The modifying registration form is established by the requesting party in two copies and is filed or addressed to the court clerk directly.
Modifications affecting the initial information are marginally published on the existing registration.
(Costs including tax)
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.