Key Benefits:
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Considering the trade code, including articles L. 527-1 to L. 527-11;
Considering the Civil Code, in particular its article 1316-4;
Considering the new Code of Civil Procedure, including articles 950 to 953;
In light of the amended Decree No. 80-307 of 29 April 1980 setting out the general tariff of the Registrars of the Commercial Courts and amending Article R. 821-2 of the Code of the Judicial Organization;
Having regard to Decree No. 2001-272 of 30 March 2001 adopted for the application of Article 1316-4 of the Civil Code and relating to electronic signature, as amended by Decree No. 2002-535 of 18 April 2002;
Having regard to the advisory committee on financial legislation and regulations dated 16 October 2006;
The State Council (inland section) heard,
Decrete:
The registration of stock pledges on the public register referred to in Article L. 527-4 of the Commercial Code is subject to the formalities provided for in Articles 2 to 16 of this Order.
In order to register the pledge, the creditor shall give or address to the Registrar of the Commercial Court in the jurisdiction of which the grantor has its seat or domicile one of the originals of the act constituting the pledge or a shipment if it is established in authentic form.
The voucher in two copies is attached to the act.
It includes:
1° The designation of the parties:
(a) For the creditor credit institution: its form, its social name, the address of its head office and its unique identification number supplemented by the RCS mention followed by the name of the city where it is registered;
(b) For the component:
- if it is a natural person: its name, first name, date and place of birth, domicile and indication of the place of exercise of its activity or main operation, as well as, where applicable, its unique number of identification completed, if applicable, by the mention of RCS followed by the name of the town where it is registered;
- if it is a legal person: its form, its social name, the address of its head office and its unique identification number, if any, supplemented by the RCS mention followed by the name of the city where it is registered;
2° The date of the act constituting the pledge and the indication that it relates to stocks;
3° The amount of the principal secured receivable, the date of its due diligence and the indication of the interest rate; for future receivables, the slip mentions the elements to determine them;
4° A description of the current or future stocks engaged in, in kind, quality, quantity and value, as well as, where appropriate, the indication that the share of the stocks engaged decreases proportionate to the disinterest of the creditor;
5° The location of the stocks engaged and, where appropriate, the designation of the custodian.
The deposit of the constitutive act of the pledge is found on a special register held by the clerk who assigns to the act a number of order.
This registry may be held electronically. In this case, a secure electronic signature is used under the conditions provided for in article 1316-4 of the Civil Code and the decree of 30 March 2001 taken for its application.
The registration of the gage is mentioned on the slips. The mention includes the registration date and the number under which it was made.
The Clerk shall give or address to the Grievor one of the slips at the bottom of which he certifies that the registration has been made.
The other border, bearing the same mentions, is kept at the clerk's office, at the clerk's expense, with the act constituting the pledge if it is written under private seing.
The clerk holds an alphabetical file of the names of the debtors with the indication of the registration numbers concerning them. This file can be kept in computer form.
The application for an amended or delisted registration is brought before the Registrar of the Commercial Court to which the pledge is registered.
The amended registration form shall be prepared by the applicant in two copies and shall be deposited or addressed to the Registry by the applicant.
Upon receipt, the clerk completes the copies by mentioning the date on which the amended registration is made and the number under which the registration is entered in the register.
One of these vouchers is handed over or addressed to the applicant, the other is kept at the office of the Registrar at the expense of the Registrar, with the amendment if it is written in private.
The Clerk refers to the amendment on the margin of the initial registration slip.
Amendments affecting the information referred to in section 2 are published on the margins of the existing registration.
When the amendment involves the jurisdiction of a court other than that referred to in section 2, the debtor shall defer the amended registration to the registry of that court. This registration is subject to the justification that the debtor informed the creditor of this change by registered letter with a request for notice of receipt.
The initial registration is deferred to the registry of the newly competent court and removed from the original registry.
Registrations regularly made under articles 2 to 8 shall take effect on their date.
The registration keeps the pledge for five years from the day of its date. Its effect ceases if the registration has not been renewed before the expiry of this period. In this case, the clerk shall de-list the registration.
The delisting of the registration may be required by the creditor or the grantor on the basis of the agreement of the parties or an act giving rise to the registration. It may also intervene by virtue of a decision passed in force of a judgment.
The delisting is done by means of a mention made by the clerk on the margin of the registration.
The Clerk shall issue a radiation certificate to the person who requires it at his or her expense.
The radiated or outdated registration is no longer included in the registration statements.
The Registrar responsible for maintaining the registry shall issue to all those who require it the status of the registrations on the stocks engaged or a statement stating that there is no such record.
Applicants must file as many requests as there are obligors and stocks engaged.
The statement shall be made in the form of copies or extracts at the applicant's expense.
The Registrar may not refuse the registration and issuance of the required statements. It can no longer delay these formalities.
However, the Clerk is required to reject applications for registration, amendment or delisting that do not meet the requirements set out in sections 2, 6, 8 and 11. The rejection specifies the reason for refusal. It is notified to the applicant by registered letter with a request for notice of receipt or against receipt to the applicant. He referred to the complainant ' s ability to appeal against the rejection of the application within fifteen days of his notification.
Appeals against decisions denying registration or registration of amendments or delisting shall be brought before the president of the court of which the registrar has relied upon. They are trained by registered letter with a request for a notice of receipt addressed to the Registry.
They are motivated and accompanied by all useful pieces.
The chair of the court or the judge delegated to that effect shall rule by order, in the light of the decision and the evidence.
Orders issued by the President of the jurisdiction or the delegated judge shall be notified by registered letter with a request for notice of receipt to the applicant.
They are subject to appeal within 15 days.
The notification indicates the form and time limit of the appeal.
The appeal of the ordinances is formed, instructed and judged as free in accordance with the provisions of articles 950 to 953 of the new Civil Procedure Code. However, the party is exempted from the ministry of attorney or oat.
The Clerk of the Court of Appeal shall send a copy of the order to the Clerk responsible for the record.
In Appendix III of the above-mentioned Decree of 29 April 1980, it is inserted a "H" section entitled "Gage of stocks" and thus written:
"The emoluments allocated to the Registrars of the Commercial Courts are equal to those provided for similar acts or formalities in the event of a trade-off. »
The stay in the third paragraph of Article L. 527-7 of the Commercial Code is made by registered letter with a request for a notice of receipt from the creditor to the grantor. It has a 15-day period to satisfy it.
This Order is applicable, with the exception of Article 17, to Mayotte, New Caledonia and the Wallis and Futuna Islands.
For their application to Mayotte, New Caledonia and the Wallis and Futuna Islands, references to sections 950 to 953 of the new Civil Procedure Code are replaced by references to provisions with the same locally applicable object and references to the Commercial Court are replaced respectively by those made to the Commercial Court of First Instance and the Joint Commercial Court.
The guard of the seals, Minister of Justice, and the Minister of the Overseas are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, December 23, 2006.
Dominique de Villepin
By the Prime Minister:
The Seal Guard, Minister of Justice,
Pascal Clément
The overseas minister,
François Baroin
