Nantissement de parts de société civile : 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 shares in civil societies
Pledge is always possible, except for provisions providing to the contrary. Therefore, the legislation prohibited self employed professionals acting as professional civil companies, to pledge the shares of these companies.
The date of publication determines the ranking of pledge creditors. The law does not set any time frame to effectuate publications, but the absence of publication does not permit ranking of the creditor.
Publication must be made with the clerk of the commercial court for the place of registration of the company. A pledge can only be published, therefore, after registration of the company.
Documents to be forwarded to the clerk of the court by the creditor
Means of publication consist of a filing, separately with the RCS, of an advice of pledge directed to the court clerk and, when the establishing instrument is under seal, an original of the security accompanied, if applicable, by the notice of pledge to the company.
In order to do so, the creditor files or has filed with court clerk:
- a copy of the notarised instrument establishing the pledge or two original copies of the instruments under private seal, accompanied, by the notarised instrument indicating acceptance of the pledge by the company, or the notice to the company;
- two copies of the notice of pledge.
Subrogations in the pledge are published marginally in the advice of pledge. It is advisable to following the below-mentioned formalities for registration of the pledge, the security setting forth the subrogation being possible by notarisation or under private seal.
It is accompanied by the instrument giving notice of subrogation to the company or by a copy of the certified instrument containing acceptance by the latter.
Legislation anticipated neither expiration dates of registrations, nor, consequently, of a renewal procedure.
(Prices with tax)
Payments to be made to the order of the relevant GREFFE DU TRIBUNAL DE COMMERCE.
REGISTRATION (postage included; ADD TO THE PRICE THE FILING COST OF THE INSTRUMENT SEPARATELY WITH THE RCS: 10.30 euros)
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.