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Article D514-10 of the French Monetary and Financial Code

An acknowledgement of delivery of the loaned item is issued by the caisse to the borrower at the same time as the borrower receives payment of the amount loaned. This acknowledgement is either issued to the bearer or in the name of the borrower, depending on the criteria defined by the Guidance and Supervisory Board. It contains the number and date of the commitment, a description of the pledged asset,…

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Article D514-11 of the French Monetary and Financial Code

In the event of loss of the acknowledgement of deposit of a pledged item, the borrower must immediately inform the institution. The institution shall record this loss in the deed referred to in II of article D. 514-9 or on the computer medium on which the deed was recorded. In this case, the borrower may only obtain the return of the pledged item at the end of the repayment period…

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Article D514-12 of the French Monetary and Financial Code

If the institution loses all or part of the pledged item, the borrower is compensated by paying a sum equal to the appraised value of the item. This sum is increased by a fixed indemnity of 25%. The amount of this flat-rate compensation may be increased by a decision of the Guidance and Supervisory Board, if the Director refers the matter to it for this purpose.

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Article D514-13 of the French Monetary and Financial Code

If the pledged item deteriorates, the borrower may relinquish it to the institution, subject to payment of compensation determined in accordance with the procedures set out in article D. 514-12. In this case, the item may be sold by auction on behalf of the institution. If the borrower prefers to take the item back as is, he/she will receive compensation equal to the difference between the current replacement value of…

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Article D514-14 of the French Monetary and Financial Code

Pledged assets which have not been released or renewed by the end of the term stipulated in the acknowledgements issued to the borrowers, or for which an additional term has not been granted by the Director, shall be sold by public auction on behalf of the institution. The Director shall draw up a list of the pledged assets to be sold. This list shall be made enforceable by an order…

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Article D514-15 of the French Monetary and Financial Code

After a period of three months from the date of deposit of the pledged item, any depositor may request the sale of the item at the sales periods set by the institution’s internal regulations, even before the term set on the acknowledgement. The amount of the sale, excluding costs, is paid to the borrowing owner or the holder of the bearer acknowledgement, after deduction of the capital loaned, accrued interest…

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Article D514-16 of the French Monetary and Financial Code

Sales are announced at least ten days in advance by public notice or, where applicable, by printed and distributed catalogues, special notices and public display of the items to be sold. The notice shall indicate the expiry dates of the loans whose pledged assets are being offered for sale, the nature of the items and the conditions of the sale.

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Article D514-17 of the French Monetary and Financial Code

Sales are carried out by the auctioneers attached to the establishment as appraisers. They are assisted, where necessary, by auctioneers and clerks chosen and paid by them. Failing this, sales are carried out by the public or ministerial officers competent to carry out public sales under the conditions set out in article 3 of the order of 26 June 1816 which establishes, in execution of the law of 28 April…

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Article D514-18 of the French Monetary and Financial Code

Judicial auctioneers or other public officials are allocated a proportional fee on the proceeds of sales, the amount of which is set by decision of the Guidance and Supervisory Board, to cover the costs of the auction and sales. The establishment may charge a proportional fee on the proceeds of sales, which shall be set in the same manner. It may also levy, for sales of pledged property that have…

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Article D514-19 of the French Monetary and Financial Code

The objects awarded, including those made up or set, in platinum, gold or silver, which do not bear the guarantee mark, but which the successful bidder agrees to have broken and taken out of service, will be returned to him as soon as he has paid the price. Items made of platinum, gold or silver, which do not bear the guarantee mark, but which the successful bidder wishes to keep…

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