How to request the registration of a business pledge

Principle

The creditor of a business owner can request the listing in the Trade and Industry Directory of an agreement pledging business assets as security against a loan.

Upon listing, this agreement remains valid for ten years. The registration can be renewed before the end of this period.

If multiple security agreements are made, the order of creditors is determined by the chronological order of listings made in the register of security agreements held at the Trade and Industry Directory .

Agreements listed on the same day have equal claim.

Conditions

The security agreement

The security agreement must be documented on paper either in a legal document or by private agreement.

The agreement must be registered and listed at the Trade and Industry Directory, failure to do so will render the agreement void (see article 2 of the

The agreement must include the following information regarding the business: the name, logo, tenancy agreement, customer base and, in general, all intangible assets that distinguish the business and characterise its activity.

The agreement may also state that certain elements have been excluded.

It must state whether equipment and furniture are included.

Merchandise and debts cannot be included.

Time-frame

The creditor must request listing on the Trade and Industry Directory within 60 days of establishment of the security agreement.

This period runs from the date the agreement is signed, not the date of its registration.

Any listing made after this period will be invalid (see article 5 of the

Before signing the security agreement, it is therefore important to ensure that the business is listed on the Trade Directory or that there is no obstacle to future listing.

To get the security agreement listing form you can either:

• Download it here:
  PDF143 kB

  Formulaire nantissement fonds de commerce (04-2023)
• Or collect it from the Trade and Industry Directory

If the agreement is in the form of a notarised document a certified copy must be submitted. If it is in the form of a private agreement the original deed must be submitted.

The completed forms and security agreement must be submitted in duplicate to the Trade and Industry Directory.

A registration fee accounting for 0.01% of the amount of the guaranteed debt must be paid.