In the event of termination of the safe deposit box rental contract, the owner of the safe deposit box shall immediately inform the bailiff. The bailiff will serve the debtor with a summons to attend at the place, day and time indicated, in person or by any agent, so that the safe deposit box can be opened, with the warning that, in the event of absence or refusal to open…
A creditor who obtains a writ of execution at a time when the property has already been removed from the safe, shall proceed as provided in Articles R. 522-7 to R. 522-14 if the instrument establishes the existence of a claim, or in accordance with the provisions of Article R. 222-25 if the title prescribes the delivery or restitution of the seized property. If the safe has not yet been…
On presentation of the judge’s authorisation or the title under which the law allows a precautionary measure to be taken, a security may be taken over a building, a business, company shares or securities belonging to the debtor.
The provisional registration of a mortgage is effected by the filing with the land registry of two forms in accordance with the conditions set out inarticle 2428 of the Civil Code. It also contains an indication of the capital of the claim and its accessories.
The provisional registration of a pledge over a business is effected by the filing at the commercial court registry of two slips on plain paper containing: 1° The designation of the creditor, his election of domicile within the jurisdiction of the commercial court where the business is located and the designation of the debtor; 2° An indication of the authorisation or title by virtue of which the registration is required;…
The pledging of company shares is effected by the service on the company of a deed containing: 1° The name of the creditor and that of the debtor; 2° An indication of the authorisation or title by virtue of which the security is required; 3° An indication of the capital of the claim and its accessories. In addition, in the case of a registered non-trading company, the pledge deed is…
Pledging of securities is effected by serving a declaration on one of the persons mentioned in articles R. 232-1 to R. 232-4 as applicable. This declaration contains: 1° A description of the creditor and the debtor; 2° An indication of the authorisation or title by virtue of which the security is required; 3° An indication of the capital of the claim and its accessories. The pledge covers all transferable securities…
At the latest eight days after the registration forms have been filed or the pledge has been served, the debtor shall be informed by a bailiff’s deed, failing which the pledge shall lapse. Under penalty of nullity, this document shall contain 1° A copy of the court order or deed under which the security was taken; however, in the case of a notarised bond or a claim by the State,…
Where the creditor already holds a writ of execution, release from provisional publication may be requested until final publication, which may not take place less than one month after service of the document provided for in Article R. 532-5.
Provisional publicity preserves the security interest for three years. It may be renewed for the same period. Renewal is carried out in accordance with the conditions set out in articles 61 et seq. of decree no. 55-1350 of 14 October 1955 implementing decree no. 55-22 of 4 January 1955 on the reform of land registration, for the provisional registration of mortgages, and in the same manner as the initial registration…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
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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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