#2023-369Decree No. 2023-369 amending the Movable Securities Register Regulations
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This law updates the regulations for the movable securities register in France. Businesses with commercial operations involving movable property need to comply with new registration procedures. Key changes include how registrations are classified and recorded, who manages these records, and how certain real estate and penal seizure processes are addressed.
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Key Changes
- Updated procedures for registering movable securities.
- Changes to the management of real estate and penal seizure registrations.
- Specific greffier responsibilities and procedures outlined.
Obligations
What this law requires
Businesses must register penal seizures of commercial funds (fonds de commerce) in the movable securities register under Article R. 521-2(17)
When multiple debtors or property owners are involved in the same security or operation, registration must be filed with one of the competent clerk's offices at the requester's choice, per Article R. 521-5
For conventional pledges of social shares (parts sociales), registration must be filed with the clerk in the jurisdiction where the company whose shares are pledged is registered, per Article R. 521-5
Requesters must submit the original private deed, certified copy of authentic deed, court decision, or copies of supporting documents when filing registration, per Article R. 521-7
Registrations for orders under Articles L. 184-1 or L. 511-11 of the Construction and Housing Code concerning commercial lodging operations must be filed in the movable securities register, per Article R. 521-12