Article R313-3 of the French Monetary and Financial Code
The leasing transactions referred to in article L. 313-7 are subject to advertising. This must enable the parties and the assets involved to be identified.
Home | French Legislation Articles | French Monetary and Financial Code | Regulatory part | Book III: Services | Title I: Banking, payment services and the issuance and management of electronic money | Chapter III: Appropriations | Section 2: Loan categories and similar transactions. | Subsection 1: Leasing.
The leasing transactions referred to in article L. 313-7 are subject to advertising. This must enable the parties and the assets involved to be identified.
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.
The contracts referred to in 2 of article L. 313-7 are subject to compulsory or optional publicity, depending on the stipulations they contain, with the land publicity department in accordance with the procedures laid down for contracts of the same nature governed by articles 28 and 37 of amended decree no. 55-22 of 4 January 1955 reforming land publicity.
Failure to publicise the company’s name shall render it unenforceable against third parties under the conditions set out inarticle 30 of the aforementioned Decree of 4 January 1955.
I. – Commercial companies which use leasing transactions to acquire capital goods, equipment or buildings for professional use and which do not benefit from the simplified presentation regime, as provided for in article L. 123-16 of the French Commercial Code and article R. 123-200 of the French Commercial Code, must include the following information in the notes provided for in article L. 123-12 of the same code: 1° The value…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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