jurisdiction
1. Is notarisation required and are fees payable? | No, except real estate. |
|---|---|
2. Do the following securities / deeds require to be registered in the Local Property Register and what fees are payable? | |
2.1 Mortgage | Yes, registration tax and notarial fees (around 1,3% of the registered secured principal amount). |
2.2 Mortgage mandate | No registration but notarial fees. |
2.3 Pledge over business | Yes, registration tax (0,5% of the registered secured principal amount). |
2.4 Pledge over business mandate | No. |
2.5 Pledge over receivables | No. |
2.6 Pledge over shares | No. |
2.7 Pledge over (bank) accounts | No. |
2.8 Pledge over intellectual property | No. |
2.9 Pledge over specific business asset (other than above) | No. |
2.10 Personal or corporate guarantee | No. |
N.B.: a new act on security interests over moveable assets (entry into force most likely postponed to 1 January 2018) will abrogate the pledge over business (2.3 and 2.4) and will offer the possibility to the parties to register the securities on moveable assets (predominantly 2.9) within an electronic registry. In this case, registration fees will have to be paid. | |
3. Do the following securities / deeds require to be registered at the local Registrar of Companies and what fees are payable? | |
3.1 Mortgage | No. |
3.2 Mortgage mandate | No. |
3.3 Pledge over business | No. |
3.4 Pledge over business mandate | No. |
3.5 Pledge over receivables | No. |
3.6 Pledge over shares | No. |
3.7 Pledge over (bank) accounts | No. |
3.8 Pledge over intellectual property | No (but registration and related fees with relevant IP registration authority). |
3.9 Pledge over specific business asset (other than above) | No. |
3.10 Personal or corporate guarantee | No. |
Please note that while the information on this page was current and accurate as at 21/9/16, it may no longer be current or accurate and so you must speak to your local CMS Banking contact if you require confirmation of any of the costs or fee levels as at today’s date!
