jurisdiction
1. Is notarisation required and are fees payable? | |
|---|---|
1.1 Shares pledge | Yes – Fees for preparing and execution by the notary vary per transaction. |
1.2 Mortgage | Yes – Fees for preparing and execution by the notary vary per transaction. |
1.3 Guarantee | No. |
1.4 Subordination Agreement / Intercreditor Deed / Deed of Priority | No. |
2. Do the following securities / deeds require to be registered at the local Registrar of Companies and what fees are payable? | |
2.1 Shares pledge | Yes – registration in the share register (aandeelhoudersregister) of the company whose shares are being pledged. |
2.2 Legal Mortgage | Yes – Registration with the real property register (hypotheekregister), which is part of the land registry (kadaster) fees are EUR 168 for registration using the electronic filing process. |
2.3 Pledge of receivables and / or movable assets. | Yes – A disclosed pledge requires a written contract and a notice of the pledge to the third party debtors. An undisclosed pledge is established either by a deed executed before a civil law notary or a registered private instrument (registered with the tax authorities ((belastingdienst)), and notification of the third party debtors is not necessary. |
2.4 Pledge of intellectual property rights | Yes – with the relevant intellectual property register. Fees can be payable, depending on the register. |
2.5 Guarantee | No. |
2.6 Subordination Agreement / Intercreditor Deed / Deed of Priority | No. |
Please note that while the information on this page was current and accurate as at 15/9/16, 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!
