French Commercial code
In forceThe application for registration is made by the applicant by handing over or sending by post or electronic means a form to the competent registrar. Where the slip is drawn up in paper form it shall be in duplicate.
It shall include the following information:
1° The category of registration among those listed in Article R. 521-2 and its date of creation or effect;
2° The designation of the creditor, the debtor or the owner of the encumbered asset if different from the debtor and their identification details, either :
-in the case of a natural person, their forenames, surname and address of their principal place of business or, failing that, the place where they carry on their activity or the address of the business fixed to the residential premises, or their personal domicile in the case of a natural person whose guaranteed debt has been contracted on a non-professional basis, as well as, where applicable, their unique identification number supplemented, if necessary, by the words RCS followed by the name of the town where the registry office where they are registered is located ;
-for a legal entity, its legal form, its company name, the address of its registered office or, failing that, that of its principal place of business, and its unique identification number supplemented, where applicable, by the words RCS followed by the name of the town where the registry where it is registered is located;
-for the social security privilege referred to in article L. 243-5 of the Social Security Code, also the debtor's employer or self-employed worker registration number, the reference of the claim concerned by the registration and the name and address of the creditor organisation;
-for the Treasury's lien giving rise to registration within the meaning of Articles 1929 quater of the General Tax Code and 379 bis of the Customs Code, the name and address of the accounting office or similar department managing the lien;
-for leasing transactions involving movable property, the identification details of the lessor and lessee; for the contracts mentioned in Article R. 624-15, the identification details of the debtor and the owner of the asset;
3° The creditor's election of domicile in a Member State of the European Union, with the declaration of address serving as an election of domicile for creditors residing within the European Union;
4° In the case of a secured claim, the principal amount of the secured claim, the date on which it falls due or information enabling this date to be determined, where applicable, an indication of the interest rate; for future claims, information enabling them to be determined; for the Treasury's preferential claim, the amount of the sums owed by a debtor to the same accounting office or assimilated department under the terms of Articles 1929 quater of the General Tax Code and 379 bis of the Customs Code; for the social security preferential claim, the amount of the sums owed to the creditor organisation; for the lien of the seller of the business, the sale price, established separately for the equipment, goods and intangible elements of the business;
5° The description of the encumbered asset with an indication of the elements enabling it to be identified, in particular its type, location, make, serial number or registration number. In the case of a set of present or future assets, their nature, quality and quantity.
For companies whose shares are pledged, the information mentioned in 2° in the case of legal entities as well as the number of pledged shares, their nominal value and, where applicable, an indication that the pledgee has been approved by the company or the shareholders.
In the case of a business, its designation and that of its branches, with a precise indication of the elements constituting them and included in the sale or pledge, the nature of their operations and their registered office, subject to any other information that may help to identify them; if the sale or pledge extends to elements of the business other than the brand name, trade name, leasehold rights and customer base, these elements must be identified by name, including, in the case of intellectual property rights, the references of the relevant title;
This 5° does not apply to the Treasury's lien or the social security lien;
6° (Deleted) ;
7° Where applicable, mention of the existence of a commissory agreement, the prohibition on the settlor disposing of fungible pledged assets under the conditions set out in Article 2342 of the Civil Code, the indication that they may be moved, the resolutory action referred to in the second paragraph of Article L. 141-6 of the French Commercial Code or any other specific contractual provision.
The procedures for drawing up the slip are set by order.
