The making available of receivables or bills to the bearer of the promissory note entails, without further formality, the creation of a pledge in favour of successive bearers. The pledge thus created benefits from the provisions of articles L. 211-38 to L. 211-40.
The right of the bearer of the promissory note is exercised over all claims arising in favour of the lending institution as a result of contracts and bills which have been made available to the bearer in application of this paragraph, without further formality. It also covers all interest and ancillary costs as well as any mortgage or other guarantees attached to the loans, even if these guarantees result from deeds separate from the contracts or bills.
This right is exercised by the holder of the promissory note in preference to the lender and, in the event that the same claim is shared between several holders of promissory notes, on an equal ranking basis.
While the promissory note is being made available to the bearer, the lender may not transfer these claims or these instruments in any form whatsoever.