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Chapter I: Register of security interests and other related transactions

Article R521-1 of the French Commercial code

A register known as the “register of transferable securities and other related transactions”, the purpose of which is to centralise their entries, shall be set up at the level of each registry with jurisdiction under the conditions defined by Article R. 521-5. A national portal accessible via the Internet shall also be set up, under the responsibility of the Conseil national des greffiers des tribunaux de commerce (National Council of…

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Article R521-2 of the French Commercial code

The register governed by this chapter ensures the publication: 1° Pledges without dispossession with the exception of the pledges mentioned in the second paragraph of Article 2338 of the Civil Code; 2° Contractual pledges of shares in civil companies, limited liability companies and general partnerships; 3° The vendor’s lien on a business; 4° The pledge of a business; 5° Declarations of claims pursuant to Article L. 141-22 of the French…

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Article R521-3 of the French Commercial code

For the purposes of this chapter, the seller of the business benefiting from a lien is referred to as the creditor and the purchaser of the encumbered business is referred to as the debtor; the leased asset or the asset subject to the contract referred to in Article L. 624-10 is referred to as the encumbered asset.

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Article R521-5 of the French Commercial code

The entry is made in a register kept by the competent registrar. This registrar shall be, as the case may be, the registrar of the commercial court, the registrar of the judicial court ruling on commercial matters or the registrar of the mixed commercial court within whose jurisdiction the debtor, or the owner of the collateral if he is not the debtor, is principally registered in the register of commerce…

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Article R521-6 of the French Commercial code

The application for registration is made by the applicant by handing over or sending by post or electronic means a form to the competent registrar. Where the slip is drawn up in paper form it shall be in duplicate. It shall include the following information: 1° The category of registration among those listed in Article R. 521-2 and its date of creation or effect; 2° The designation of the creditor,…

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Article R521-7 of the French Commercial code

The applicant must attach to the form, as appropriate, the original deed constituting the security if it is a private document, the copy if it is a notarised document, the court decision or a copy of these documents. For the vendor’s lien on a business, the document to be submitted must be the original of the deed of transfer of the business if it is a private document or a…

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Article R521-8 of the French Commercial code

On receipt of the documents referred to in articles R. 521-6 and R. 521-7, the registrar shall assign a serial number to the application for registration and, after checking that the file is complete and the application in order, shall proceed with the registration by entering in the register the information listed in article R. 521-6 as well as the serial number and date of registration. The supporting documents referred…

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Article R521-9 of the French Commercial code

I. Where the sales or transfers of goodwill include pledged trademarks or service marks, industrial designs or models and software exploitation rights and where the pledges of such goodwill include patents for inventions or licences, trademarks or designs and software exploitation rights, the registrar shall issue a certificate of registration which shall include the following particulars: I. 1° the nature, date and serial number of the registration made at the…

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