How to request the registration of a business pledge over capital goods

Principle

The creditor of a person who has purchased the capital goods necessary to carry out a profession, business or industrial activity may request the registration of a business pledge over capital goods.

The pledge may be granted either to the seller or to the lender. When it is granted to the seller, it is given in the deed of sale. When it is granted to the lender, it is given in the deed of loan which must specify that the funds provided by the lender are for the purpose of paying the price of the goods purchased, otherwise it is not valid. It must therefore be concluded by the date of delivery at the latest.

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

The goods given as a guarantee may also, at the request of the beneficiary of the pledge, have a permanent plaque indicating the date and registration number of the associated lien affixed to an essential part in a visible manner.

The registration acts according to the conditions set out in Sovereign Ordinance of 23 June 1907 concerning the pledge of goodwill and in Ordinance Act no. 664 of 23 May 1959 concerning the pledge over capital goods.

Conditions

The security agreement

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

The deed must list the goods purchased and describe each one clearly so that it can be distinguished from other, similar goods belonging to the purchaser.

It must indicate the fixed location of the goods or, on the other hand, specify that they are able to be moved.

If bills have been established in respect of all or part of the price, the number and amount of such bills must be indicated.

These notes must appear on the registration documents.

The security agreement must be registered and listed at the Trade and Industry Directory.

Time-frame

The creditor must request listing on the Trade and Industry Directory within 30 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 Sovereign Ordinance of 23 June 1907 concerning the pledge of goodwill).

To get the security agreement listing form you can either:

• Download it here: 
  PDF103.3 kB

  Nantissement de biens d'équipement (355-0058_01-2015)
• Or collect it from the Trade and Industry Registry

Two registration forms for the pledge, completed and accompanied by the deed of pledge, must be submitted to the Trade and Industry Directory Office.

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

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