The publication of procedural documents in the real estate register requires the parties to be identified in accordance with the rules governing land registration, which go beyond the requirements of the law. Article 54 of the Code of Civil Procedure.
Identification of natural persons
The first paragraph of Article 5 of Decree no. 55-22 of 4 January 1955 states that "Any deed or court decision subject to publication in a land registry office must contain the surnames, first names in civil status order, domicile, date and place of birth and occupation of the parties, as well as the name of their spouse.
The procedural documents, starting with the summons to pay in the event of seizure, will have to mention the surname, first names in civil status order, date, place of birth and name of the spouse.
The first names will appear on the birth certificate, as will any mention of marriage, which will appear in the margin. The birth certificate should therefore be ordered before the procedure is started.
In practical terms, it is advisable to order not only a birth certificate, but also a marriage certificate: I have in mind the example of a case in which the marriage had been transcribed on the birth certificate of the Mrs, but not of the Mr.
Finally, since the reform of Law No. 98-261 of 6 April 1998 and Decrees Nos. 98-516 of 23 June 1998 and 98-553 of 3 July 1998, according to article 34 1. of decree no. 55-1350 of 14 October 1995The land registry service limits its control over the designation of natural persons to "surname, first two given names, date and place of birth"..
Failure to mention forenames after the middle forename, the profession and the name of the spouse are therefore no longer likely to result in rejection of the publication.
Identification of legal entities
Article 6 1. of Decree no. 55-22 of 4 January 1955 stipulates that "1 Any deed or judicial decision submitted for publication to a land registry must contain the following information identifying legal entities:
a) Name ;
b) Legal form and registered office. In the case of associations and trade unions, the deed or decision must also state the date and place of their declaration or the filing of their articles of association;
c) Where the legal entity is registered in the register provided for in Article R. 123-220 of the French Commercial CodeIf the company is subject to registration in the Trade and Companies Register, it will be identified by the word RCS followed by the name of the town or city where the registry is located.
In addition, the full name and address of the representative(s) of the legal entity must be given.
The deeds must therefore contain :
- Company name,
- Its legal form and registered office,
- In the case of associations and trade unions, the date and place of their declaration or the filing of their articles of association,
- If the company is registered in the SIREN register, its identity number,
- If the company is registered in the Trade and Companies Register, the SIREN identity number must be supplemented by the words RCS followed by the name of the town or city where the registry office is located,
- The surname, first names and address of its legal representative(s).
The full name and address of the representative(s) of the legal entity appear on the Kbis extract.
The date and place of declaration or filing of the articles of association of associations and trade unions may be consulted at the following address Official journal of associations, foundations and endowment funds.
As in the case of individuals, however, the legislator has sought to limit the scope of the checks carried out by the land registry. Article 34 of decree no. 55-1350 of 14 October 1955 as well as for legal entities, "the provisions of article 42-1 of decree no. 55-22 of 4 January 1955, as amended, shall apply"..
Article 42-1 states that "For the application of the provisions of the sixth paragraph of article 2148 of the Civil Code and of b of 3 of article 34 of the present decree, the concordance check of the identification elements of the legal entities referred to in c of 1 of article 6 of the present decree will be limited to the name and the identity number as from the second formality completed after 1st July 1998.
EN 
FR