Book III: Services

For leasing transactions involving movable property, the leasing company shall request publication in the register referred to in Article R. 521-1 of the French Commercial Code, in accordance with the procedures set out in Articles R. 521-1 et seq. of the French Commercial Code, subject to the provisions of this paragraph.

The entry is made in the register kept by the Registrar of the Commercial Court, the Commercial Court or the Mixed Commercial Court within whose jurisdiction the lessee is registered as the principal lessee in the Trade and Companies Register. If the lessee is not required to be registered in the Trade and Companies Register, the entry is made in the register in whose jurisdiction the lessee’s registered office or,…

If the publicity formalities have not been carried out in accordance with the conditions set out in articles R. 521-1 et seq. of the French Commercial Code, the leasing company may not assert its rights over the assets of which it has retained ownership against its customer’s creditors or successors in title for valuable consideration, unless it establishes that the interested parties were aware of the existence of these rights.