Key Benefits:
1676 OF 2013
(August 20)
Official Journal No. 48,888 of 20 August 2013
CONGRESS OF THE REPUBLIC
By which access to credit is promoted and rules on collateral are issued.
COLOMBIA CONGRESS
DECRETA:
SCOPE AND GENERAL APPLICATION.
OBJECT AND SCOPE OF LAW ENFORCEMENT.
ARTICLE 1o. RULES contained in this law are intended to increase access to credit by extending goods, rights or actions that may be the subject of a movable guarantee by simplifying the constitution, (b) the availability, prelation and execution of the same.
ARTICLE 2o. APPLICATION OF APPLICATION. This law shall be applicable to the constitution, enforceability, prelation and execution of securities of the securities of all nature, present or future, determined or determinable and to all types of actions, rights or obligations on personal property, property, rights or shares or obligations of another nature on movable property or commercial property.
UNITARY SYSTEM OF WARRANTIES ON MOVABLE PROPERTY.
ARTICLE 3o. CONCEPT OF COLLATERAL AND SCOPE OF APPLICATION. The securities of the securities referred to in this law shall be constituted by means of contracts which have the character of principal or by provision of the law on one or more goods under guarantee specific, on circulating assets, or on the whole of the goods under guarantee of the guarantor, whether these present or future, body or incorporated, or on the goods derived or attributable to the goods in which they are liable financial valuation at the time of the constitution or later, in order to guarantee one or more own or external obligations, whether to give, to do or not to make, present or future, regardless of the form of the transaction or who is the holder of the collateral.
Regardless of its form or nomenclature, the concept of a movable guarantee refers to any operation which has the effect of guaranteeing an obligation to the movable property of the guarantor and includes, inter alia, those contracts, covenants or clauses used to guarantee obligations in respect of movable property, among others the sale with domain reservation, the garment of establishment of trade, guarantees and transfers on accounts receivable, including purchases, disposals in security, the entry for guarantee purposes and any other form provided for in the legislation prior to this law.
Where in other legal provisions reference is made to the rules on garment, civil or commercial garment, holding or holding, garment of establishment of trade, garment of shares, anti-resis, bonds of garment, garment, garment, garment Mining, garment of the right to explore and exploit, exploitable volume or forest flight, garment of a credit, garment of marks, patents or other rights of analogous nature, right of retention, and to other similar, such figures shall be considered (a) guarantees for mobility and the provisions of this law shall apply.
PARAGRAFO. The guarantee agreement shall apply the provisions of this law as regards the registration, the enforceability and the return of the property of the well object of precarious data. The registration set forth in this law will have for the contract of Commercial Fiducia for the purpose of guarantee the effects foreseen in the paragraph of article 55 of Law 1116 of 2006.
ARTICLE 4. LIMITATIONS TO THE SCOPE OF APPLICATION. The guarantees under this law may be constituted on any movable property, except those whose sale, permuse, lease or payment or use as a guarantee is prohibited by Mandatory law or law of order.
Except for the provisions of this law, the guarantees granted on:
1. Movable property such as aircraft, aircraft engines, helicopters, railway equipment, space elements and other categories of mobile equipment covered by Law 967 of 2005.
2. Interim securities and financial instruments regulated in Law 964 of 2005 and the rules that modify or add to it.
3. Securities securities securities, which will follow the rules of the Trading Code, and
4. Deposit of money in guarantee, when the depositary is the creditor.
ARTICLE 5o. MOVABLE GUARANTEES ON FURNITURE ATTACHED TO OR INTENDED FOR IMMOVABLE PROPERTY. ( ) Guarantees may be provided on immovable property by accession or by destination, if they can be separated from the building without the physical detriment of the property. this. The goods thus taxed may be affected at the time of the performance of the guarantee.
ARTICLE 6o. GOODS UNDER WARRANTY. To ensure present and future obligations, whether or not they are applicable, the guarantor may, in addition to the cases referred to in the law, constitute movable guarantees in favour of the secured creditor over:
1. Rights to existing and future goods on which the guarantor acquires rights after the establishment of the guarantee.
2. Property rights derived from intellectual property.
3. Right to the payment of deposits of money.
4. Shares, shares and parts of interest representing the capital of civil and commercial companies, provided that they are not represented by an account.
5. Rights to claim the performance of a contract that is not personal by the obligor or by a third party appointed by the parties as a substitute.
6. In general, all other items of furniture, including fungible, body and incorporation, rights, contracts or shares to which the parties attribute economic value.
ARTICLE 7o. GUARANTEED OBLIGATIONS. Among others, it may be ensured:
1. The capital, the current and moratory interests that generate the principal sum of the guaranteed obligation.
2. The commissions to be paid to the secured creditor.
3. The expenses incurred by the secured creditor for the keeping and custody of the goods in guarantee, agreed in advance in the contract.
4. The costs incurred by the secured creditor in connection with the acts necessary to carry out the performance of the security.
5. The damages caused by the failure to comply with the guaranteed obligation, which are legally quantified, or by virtue of an arbitration award or through a transaction contract.
6. The conventional liquidation of damages where it has been agreed.
7. The differences in interest rates or exchange rates, when agreed.
ARTICLE 8o. DEFINITIONS. For the purposes of this law it is understood by:
Guaranteed creditor: The natural person, legal, self-employed, or government entity in whose favor a guarantee would be held, with or without holding.
Register Registration Notice: Information entered in a notification that has already been entered in the Register database.
Derivative or attributable assets: Those that can be identified as coming from the goods originally taxed, including new goods, among others, cash and deposits in bank accounts and accounts investment, resulting from the disposal, processing or replacement of the movable property given as a guarantee, regardless of the number and sequence of such enajenations, transformations or substitutions. These also include the securities paid in compensation for insurance which protected the goods on which the guarantee was lodged, as well as any other right of compensation for loss, damage and damage caused to these goods in guarantee, and their dividends.
Warranty Goods: These are all goods referred to in Article 6or all of the properties by membership or destination referred to in Article 5or this law.
Buyer or acquirer in the ordinary turn of business: It is a third natural or legal person acting in good faith who has no knowledge that such sale is made in violation of the rights of a creditor. guaranteed, purchases or acquires and takes possession of these to the market value, of a guarantor dedicated to trading goods of the same type as the goods subject to the guarantee of mobiliaria, within the ordinary turn of their business. The relatives of the guarantor within the fourth degree of parentage by consanguinity, second of affinity, first civil, the partners of persons, their legal representatives, their promoters, the interventors shall be excepted from this category. or liquidators.
Control: The control contract is an agreement between the depositary institution, the guarantor and the secured creditor, according to which the depositary institution agrees to comply with the instructions of the secured creditor in respect of payment of the funds deposited in the bank account.
The control will be effective even if the guarantor retains the right to dispose of the deposits.
It is understood that there is control over the right to deposit on bank accounts when:
(a) Automatically at the time of the lodging of the collateral when the deposit institution is the secured creditor;
(b) If the depositary institution has entered into a control contract with the guarantor and the secured creditor.
Credit: The guarantor's right to claim or receive payment of a sum of money from a third party, currently owed or may be due in the future including, among others, accounts receivable.
Intellectual Property Rights: They are regulated by the Commission of the Andean Community of Nations Decision 486 of 2000, relating to patents and utility models, circuit layout schemes integrated, industrial designs, business secrets, brands, slogans, trade names, and those regulated by Law 23 of 1982, which fall on the scientific, literary and artistic works, which comprise all the creations of the spirit in the scientific, literary and artistic field, whatever the mode or form of expression and whatever its destination, such as books, brochures and other writings, lectures, speeches, sermons and other works of the same nature; dramatic or dramatic works; the choreographic works and the Pantomimas; musical compositions with or without a letter; cinematographic works, to which the works expressed in the form of the cinematography, including video-grams, are assimilated; the works of drawing, painting, architecture, sculpture, engraving, lithography; photographic works or those which are treated as expressed by the procedure analogous to the photograph; the works of art applied; the illustrations, maps, drawings, sketches and plastic works relating to the geography, the topography, the architecture or the sciences and, in short, all production of the scientific, literary or artistic domain which may be reproduced, or defined by any form of printing or reproduction, by phonography, radio-telephony or any other known or known means; Property derivatives of intellectual property, including licenses and sublicences They were granted.
Debtor: The person to whom it is applicable to meet a guaranteed or other obligation.
Garante: The natural person, legal entity, government entity or self-contained equity, whether the debtor or a third party, that constitutes a guarantee of mobility; the term guarantor also includes, among others, the buyer with reservation of the domain over goods for sale or consignment, and the transferor or seller of accounts receivable, and the transferor in guarantee of a right of credit.
Acquisition Priority Mobility: It is a guarantee granted in favor of a creditor, including a seller, to finance the debtor's acquisition of personal movable property on which it is created. The guarantee would be a priority acquisition. Such a guarantee can guarantee the present or future acquisition of movable property present or to be acquired in the future, financed in this way, including those in which the right of ownership serves as a guarantee, such as for example the sale with reservation of domain on movable property, sale under condition resolution on movable property or similar operation that in any case they will have to register in the Register for the purposes of this law.
Inventory: Refers to one or more movable property in possession of a person for sale, lease, transfer, in the ordinary turn of that person's business, as well as raw materials and goods in processing. The inventory does not include movable property in possession of a guarantor for use or ordinary consumption.
Record: The mobiliary guarantee record.
Special register: This is the one to which the transfer of rights to the railcars, or the intellectual property rights, is subject. The guarantees on these goods must be entered in the Special Register to which this type of property is held when the registration is constitutive of the right, which will give notice at the time of its annotation by electronic means to the general register of the registration of the guarantee, for registration.
Tenure: The guaranteed creditor's tenure shall mean the legitimate apprehension, physical material or control, of goods under warranty, by a person, by his representative, or an employee of that person, or by another third party. that physically has the personal property on behalf of that person.
CONSTITUTION OF SECURITIES SECURITIES.
CONSTITUTION.
ARTICLE 9o. MEANS OF INCORPORATION. A movable guarantee is constituted by a contract between the guarantor and the secured creditor or in cases where the guarantee arises by law ministry as those relating to the judicial charges, Tax or withholding rights in respect of article 48 of this same law, on the ranking of guarantees formed on the same well as collateral.
ARTICLE 10. CAPACITY TO CONSTITUTE THE GUARANTEE. The securities of the securities may be constituted by those who have rights or the right to dispose or to tax the goods given in guarantee.
If this is a good for which the guarantor acquires the right or the right to tax it after the conclusion of the contract, the guarantee on the said good will be constituted when the guarantor acquires rights over that good or the ability to tax or transfer it without the need to conclude a new contract.
ARTICLE 11. REGISTRATION IN A SPECIAL REGISTER. When the transfer of the property of the goods given as a guarantee is subject to registration in a special register, such goods may be given in guarantee by the persons mentioned in the first Article 3 (1) of this Law and by whom it appears as the holder in that special register.
However, the registration in the special register of a guarantee on a property or right subject to this registration will not be obtained if the person making the application is not the registered owner.
The movable guarantee must be entered in the Register to establish its ranking, in addition to the registration corresponding to the general registration.
PARAGRAFO. With regard to the provision of a guarantee on an industrial property right, the right to the guarantee shall be fully determined by the corresponding registration number. The application for registration of the guarantee on an industrial property which may be submitted to the Superintendence of Industry and Commerce should also include the identification of the parties and the guaranteed obligations. The Superintendence by electronic means and immediately, will inform the Registry for its annotation. If the person concerned, holder of the guaranteed mark or creditor, first makes the registration of the guarantee in the Register, the administrator of the same shall send a copy immediately by electronic means of the said registration for the record in the registration of industrial property.
ARTICLE 12. EXECUTIVE TITLE. For the judicial execution of the movable guarantee, the registration form for the execution of the registered or restitution guarantee shall have the character of an executive title.
ARTICLE 13. RIGHT ON THE GOODS ORIGINALLY IN GUARANTEE AND THE GOODS DERIVED OR ATTRIBUTABLE. Unless otherwise agreed, the movable guarantee constituted on the guarantee property shall be automatically extended to all the goods derived or attributable in accordance with the provisions of article 8or this law.
ARTICLE 14. CONTENT OF THE COLLATERAL CONTRACT. The warranty contract must be granted in writing and must contain at least:
1. Names, identification and signatures of the contractors.
2. The maximum amount covered by the guarantee.
3. The generic or specific description of the goods given as collateral.
4. A description of the guaranteed obligations, whether present or future or of the concepts, classes, amounts or rules for their determination.
PARAGRAFO. The subscription of the contract and its modifications, or of any document signed by the guarantor in this regard, will be sufficient to authorize the registration of the guarantee in the register and its subsequent amendments, without prejudice to the provisions set out in the Article relating to the ranking of guarantees lodged on the same property under guarantee.
ARTICLE 15. DATA MESSAGES. When this law requires that the information be recorded in writing, that requirement will also be satisfied with a data message in accordance with Law 527 of 1999.
The document on which the security would be lodged may be documented through any tangible means or by means of reliable electronic communication that leaves the consent of the parties to the constitution of the guarantee as provided for in Law 527 of 1999.
ARTICLE 16. ELECTRONIC SIGNATURE. When this law requires the signature of a person, that requirement may also be satisfied in the case of a data message as provided for in Law 527 of 1999.
ARTICLE 17. GUARANTEE ON FUTURE ASSETS. The collateral for future goods or to be acquired will subsequently tax the rights of the guarantor, in respect of such goods only from the moment the guarantor acquires such rights of compliance with the provisions of article 10 of this law.
RIGHTS AND OBLIGATIONS OF THE PARTIES.
ARTICLE 18. RIGHTS AND OBLIGATIONS OF THE GUARANTOR. Unless otherwise agreed, when the collateral is without the guaranteed creditor, the guarantor shall have the right to use, transform and sell, and to convert other securities rent the goods in guarantee in the ordinary turn of their business.
In the same way and unless otherwise agreed, the guarantor may assign or sell the receivables or accounts receivable from the sale, permuse or lease of the collateral. Your transferee or purchaser may make the charges corresponding to those credits or accounts as long as they are attributable to the goods under guarantee in the ordinary course of the business of the guarantor and of his/her transferee or purchaser.
Unless otherwise agreed, the guarantor must:
1. To suspend the exercise of the receivables when the authorised entity concerned by Article 64 of this law or the secured creditor notifies the guarantor of its intention to proceed with the execution of the The guarantee shall be secured by the guarantee under the terms of this law. The right of use shall not be suspended but the guarantor shall be liable for damages caused to the secured creditor arising out of the use of the good given in guarantee.
2. Avoid losses and deterioration of the goods in guarantee and do everything necessary for this purpose.
3. Allow the secured creditor to inspect the goods under warranty to verify their quantity, quality and conservation status.
4. To assume the risks of destruction, loss or damage of the goods given in guarantee, except in those cases where insurance has been contracted in favour of the secured creditor, and
5. Pay all expenses and taxes related to the goods in guarantee.
PARAGRAFO. The creditor may choose in the event of the sale or disposal of the taxed goods, that these are subrogated by the price of the sale or sale or by the monies that are received, or to maintain goods for the same amount, or pursue the goods covered by the guarantee held by the person who acquired them.
ARTICLE 19. RIGHTS AND OBLIGATIONS OF THE SECURED CREDITOR. Corresponds to the secured creditor:
1. Exercise reasonable care in the custody and preservation of the collateral held in their possession. Unless otherwise agreed, reasonable care implies the obligation to take the necessary measures to preserve the value of the goods in guarantee and the rights derived therefrom.
2. Keep the goods in guarantee that are in their possession so that they remain identifiable, but in the event that these are fungible, they must maintain the same quantity and quality.
3. The use of the goods in guarantee which are in their possession only within the scope specified in the guarantee contract.
4. Charge the guarantor with the maintenance costs; when the collateral is in its possession and has been agreed previously, and
5. Where all the obligations of the guarantor in favour of the secured creditor are fully satisfied, the guarantor shall have the right to request that the secured creditor:
a) Return the goods under warranty, within the scope contemplated in the warranty contract;
b) Cancel control over bank accounts;
(c) Notify the debtor of the transferred credit on the fulfilment of the entire obligation, releasing it from any obligation to the secured creditor;
d) Present the registration form of cancellation of the collateral, and
6. Unless otherwise agreed, when certain obligations of the guarantor in favour of the secured creditor are partially satisfied, present the registration form of modification that eliminates some goods on the guarantee would be movable or reduced the amount maximum of the guaranteed obligation.
ARTICLE 20. GUARANTEED CREDITOR INFORMATION OBLIGATION. At the request of the guarantor, the secured creditor shall inform third parties in writing of the amount outstanding on the secured credit and the description of the goods covered by the Mobiliaria guarantee.
OPONIBEID.
GENERAL RULES.
ARTICLE 21. MECHANISMS FOR THE ENFORCEABILITY OF THE MOVABLE GUARANTEE. A movable guarantee shall be enforceable against third parties by the registration in the register or by the surrender of the holding or by the control of the goods in guarantee to the secured creditor or to a third party designated by him in accordance with the provisions of this Title, which is why no opposition or right of retention shall be accepted in respect of the performance of the security, the delivery, the auction or any act of execution of the itself in the terms set forth in this law.
PARAGRAFO. As of the validity of this law, the effects of the collateral against third parties will occur with the registration in the registry, without requiring additional registration in the Registry. Mercantile.
ARTICLE 22. ACQUISITION PRIORITY MOBILITY GUARANTEE. For a guarantee of the acquisition of a priority to be used for the purposes of the acquisition, it must be given advertising by means of the registration of a form referring to the special character of the warranty, which contains the data indicated in article 43 of this law.
When this collateral is granted on inventory assets, the collateral beneficiary must notify the preceding creditors of the previously registered securities that may be harmed by its prelation. exceptional.
CREDITS.
ARTICLE 23. i) the provisions of this law relating to guarantees for money on loans also apply to any kind of transfer of credit claims.
ARTICLE 24. ELIGIBILITY OF GUARANTEES ON CREDITS AND DISPOSALS OF RECEIVABLES AND RECEIVABLES. A guarantee on claims including any transfer of credit claims shall have an effect between the guarantor and the secured creditor on the basis of the the lodging of the security or transfer.
The guarantee on loans or the disposal of several loans under guarantee, future loans, a part of a credit or an undivided right on such credit, provided that they are described as loans covered by the guarantee or the sale in guarantee or be identifiable.
In the case of future credits, the identification must be made at the time the agreement is concluded as collateral or collateral.
Unless otherwise agreed, the guarantee on loans or divestiture of one or more future credits will take effect without requiring a new agreement for each credit.
ARTICLE 25. CREDITWORTHINESS OF THE DEBTOR. Unless otherwise agreed, the guarantor or transferor does not guarantee that the debtor of the transferred or taxed credit has or will have financial solvency to make the payment.
ARTICLE 26. CREDIT TRANSFER LIMITATION AGREEMENT. The collateral or transfer of a credit guarantee shall take effect between the guarantor or transferor and the secured creditor or creditor as well as the debtor of the credit, irrespective of the existence of any agreement by which the right of the guarantor is limited or he relents to ceding, taxing or transferring the credit.
The provisions of this article do not absolve the transferor or guarantor of responsibility for the debtor of the credit for the damages caused by the failure to comply with the agreement.
The guaranteed transferee or creditor shall not be liable for the sole responsibility of having knowledge of the said agreement.
ARTICLE 27. UNALTERABILITY OF THE UNDERLYING LEGAL RELATIONSHIP. A guarantee of credit for loans or the sale of loans under guarantee cannot change the underlying legal relationship or make the debtor's debt obligations more onerous. transferred or taxed without the consent of the latter.
However, the payment instructions may change the name of the person, address or account in which the debtor of the transferred or taxed credit must make the payment, provided that the provisions of this law are observed.
ARTICLE 28. PAYMENT OF THE TRANSFERRED OR TAXED CREDIT, NOTIFICATION AND REASONABLE PROOF OF THE GUARANTEE OR TRANSFER IN GUARANTEE. The debtor of the credit may terminate his obligation by paying the transferor or guarantor unless he has been notified, that he must make the payment to the Secured creditor. Once the notification has been received if the transferor receives or accepts the benefits, it shall incur the penalties provided for in the Criminal Code, without prejudice to the obligation of the debtor of the credit in guarantee or to be transferred again to the payment.
The notification to the credit debtor may be made by any generally accepted means of communication, including ordinary mail or certificate or email.
For such notification to be effective, you must identify the credit for which the payment is requested, and include sufficient payment instructions to enable the debtor to comply with the obligation.
Unless otherwise agreed, the secured creditor or assignee of collateral shall deliver such notice before or after a breach of the guarantor's or transferor's obligations to execute the guarantee occurs. warranty.
If at the time of the notification of the secured creditor or assignee of credit claims to the debtor of the credit there is a balance in favour of the guarantor or transferor, the payment of that balance shall be made to the secured creditor or credit claims.
At the time of notification the debtor of the credit may ask the secured creditor or transferee to prove reasonable the existence of the contract of sale or contract of guarantee. If such proof is not provided within three (3) days after the secured creditor has received such an application, the debtor may make the payment to the guarantor or transferor. A fair trial of the transfer or guarantee shall mean the transfer or guarantee contract or any equivalent evidence indicating that the credit or claims have been transferred or taxed.
ARTICLE 29. NOTIFICATION AND PAYMENT OF THE GUARANTEE WOULD BE AVAILABLE ON CREDIT OR TRANSFER OF LOANS UNDER GUARANTEE. the debtor is notified more than one transfer in guarantee or guarantee would be available on the same credit, he/she must make the payment of the with the instructions set out in the first notification received. Any rights, shares or exceptions relating to other secured creditors or transferee against the first performer, intended to make the order of precedence established in this law effective, remain safe.
ARTICLE 30. DEROGATIONS FROM THE DEBTOR OF CREDIT. Unless otherwise agreed, the debtor of the credit may object against the transferee or secured creditor all the exceptions arising from the original contract or any other contract which is part of the same transaction, which the debtor could oppose against the guarantor.
The credit debtor may object to any right of compensation against the guaranteed transferee or creditor, provided that the right of compensation exists at the time at which it received the notification.
The credit debtor may not oppose to the guaranteed transferee or creditor the exceptions and the compensation rights it has against the transferor or guarantor due to the non-compliance with the credit transfer limitation clause.
In the event that the guarantor and the debtor of the ceded account agree that the guarantor may not be ceded and that the guarantor has to pay a given sum as a sanction, this sanction may not be deducted from the payment of the entire loan, unless the transferor is a financial institution. In accordance with the provisions of Article 26(2o), the debtor of the ceded account may only claim this sanction from the guarantor.
OBLIGATIONS OTHER THAN SUMS OF MONEY.
ARTICLE 31. CONSTITUTION AND ENFORCEABILITY OF THE GUARANTEE ON OBLIGATIONS OTHER THAN SUMS OF MONEY. In the transfer of claims on obligations other than sums of money, the rules on constitution, enforceability, ranking and execution shall be complied with. established in this law to the extent that they are applicable.
ARTICLE 32. COMPLIANCE WITH THE OBLIGATION OTHER THAN THE PAYMENT OF SUMS OF MONEY. Where the collateral is in compliance with an obligation other than the payment of sums of money, the secured creditor may require that the obligation be fulfilled in his/her benefit, in so far as this is possible, depending on the nature of the obligation.
THIRD DEPOSITARY AND CONTROL OVER BANK ACCOUNTS.
ARTICLE 33. THE LIABILITY OF A GUARANTEE FOR ASSETS HELD BY A THIRD-PARTY DEPOSITARY. For the purposes of oponability and the prelation of a guarantee for the holding of the creditor, constituted on the goods delivered to a third depositary or General warehouse of deposit that has not issued a title representative of the legitimate holding on goods by the creditor, is not required of its registration in the register.
For the delivery of the goods subject to the guarantee by the secured creditor to a third party, express consent of the guarantor shall be required.
If the guarantor does not authorize the delivery to the third depositary the secured creditor may maintain the holding of the good or return it to the guarantor. In the latter case, the returned asset will continue to affect the guarantee even if the creditor does not hold the security. In this case, the rule of conversion of the guarantee established in this law will apply.
The third of the existence of this guarantee must be notified in writing.
ARTICLE 34. PROVISION AND ENFORCEMENT OF THE GUARANTEE ON DEPOSITS IN BANK ACCOUNTS. The collateral for deposits in bank accounts is constituted and made available through the acquisition of control by the creditor. guaranteed.
The provisions of this chapter do not prevent the institution from exercising its right of compensation.
Likewise, the deposit institution will not be required to enter into a control contract, even if requested by the depositor.
ADDITIONAL OPONABILITY RULES.
ARTICLE 35. ENFORCEABILITY OF THE GUARANTEE ON PERSONAL OR INCORPORATED PROPERTY NOT COVERED BY THE FOREGOING ARTICLES. A guarantee for movable property on other tangible or incorporated property, whether present or future, and its derived or attributable goods, which does not they have been specifically regulated in the previous articles, will be opable against third parties by means of their registration in the register.
ARTICLE 36. ENFORCEABILITY OF THE GUARANTEE ON PROPERTY RIGHTS ARISING FROM INTELLECTUAL PROPERTY. A guarantee for property rights derived from intellectual property may be lodged.
When they are subject to registration in a special register, the guarantee that is provided will be entered in the corresponding special register. The registrar of the special register shall inform the Registry of Movable Guarantees of the inscriptions in the special register. The details of this communication between the registers will be regulated in the regulation issued by the National Government.
When the property rights derived from the intellectual property that are given in guarantee are not subject to registration in a special register, the guarantee will be entered in the register to have effects against third parties and to establish his ranking.
CONVERSION OF A MOBILIARY GUARANTEE.
ARTICLE 37. A GUARANTEE CONVERSION METHOD. A guarantee with a secured creditor's tenure, as well as a retention right granted by law, may be converted into a guarantee without holding, without losing its ranking, as long as the the guarantee is made against third parties, by means of their registration in the Register, before the movable property is returned to the guarantor.
A guarantee without holding may be converted into a guarantee with holding without losing its ranking, provided that the property is delivered to the secured creditor before the expiration of the validity of the guarantee registration in the Registration.
