Seizure of partners' rights and securities
Seizure of digital assets: domain names, cryptoassets and virtual goods
By Raphaël MORENON29 June 2025The expansion of the digital economy has given rise to new forms of wealth. Domain names, cryptoassets, virtual goods in metavers: these dematerialised assets represent a very real economic value and, consequently, a major challenge for debt recovery. For a creditor, apprehending these intangible assets means navigating a complex legal and technical environment, where conventional procedures need to be adapted. The seizure of these assets, while possible, raises novel issues that require a specialised approach and an understanding of the mechanisms specific to each category. A distinction needs to be made between the different enforcement methods, as the logic behind enforceable attachment and precautionary attachment is not identical. The stakes are high and require legal support tailored to the seizure of complex assets, as these goods form part of the wider family of seizable intangible rights. Domain names: seizability and procedure...
Seizure of business assets: goodwill and business licences
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesInitiating collection proceedings against a business debtor often involves targeting its most valuable assets. While the seizure of company shares is a well-known option, creditors may also be interested in other assets, such as the business goodwill or operating licences on which the business depends. However, the nature...Entering intellectual property rights: patents, trademarks and copyrights
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesPursuing the recovery of a debt often involves searching for seizable assets in the debtor's estate. While property assets and bank accounts spring to mind, intellectual property rights can also be of considerable value. Trademarks, patents and copyrights are just some of the...Seizure of shares and securities: understanding the stages of enforcement
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesThe seizure of company shares or securities is a particularly effective means of enforcement for creditors seeking to recover their debt. By directly targeting the assets held by the debtor in a company, this procedure makes it possible to freeze and then sell valuable assets. However, its...Seizure of partners' rights and securities: complex cases and limits on seizability
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesInitiating debt collection proceedings often involves seizing the debtor's assets. In addition to tangible assets, a person's or company's assets often include intangible rights, which can be of considerable value. The seizure of these assets, in particular shareholder rights and securities, can be an effective means of...Entering customer files: conditions, procedure and impact of the RGPD
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesIn today's economic landscape, a company's intangible assets represent a major part of its value. Among them, the customer file represents much more than a simple list of contacts: it is a strategic tool, the fruit of investment and commercial effort. When a company is in debt, its creditors may legitimately seek to...Capturing technical knowledge: trade secrets, topographies and plant varieties
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesWhen a company is in debt, its creditors legitimately seek to recover their funds by seizing its assets. The collective imagination immediately thinks of tangible assets such as vehicles, stock or property. However, a company's true value often lies in its intangible assets. Although these assets are not tangible, they can make the difference between...Seizure of designs: procedure and issues
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesA design is much more than just an aesthetic creation. For a company, it is a strategic asset, part of its identity and a source of economic value. Like any asset, however, it can be the subject of enforcement action by a creditor seeking to recover...Challenging a seizure of intangible rights is not a procedural exception
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesA ruling by the Court of Cassation on 6 February 2025 (Cass. 2e civ., 6 févr. 2025, n° 22-17.249, Publié au bulletin) redefines the legal nature of challenges to acts of seizure of intangible rights. Legal classification clarified The Second Civil Chamber rules on a technical but crucial issue....Seizure of intangible rights: more than just shares
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesThe seizure of partners' rights and securities is often highlighted in enforcement law. It deserves particular attention. But other intangible assets can also be seized by a creditor with an enforcement order. These "other intangible rights" constitute a vast and complex universe. They are...The forced sale of intangible rights: mechanisms and particularities
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesThe seizure of intangible rights necessarily leads to their sale. To understand this final stage, it is essential to first understand the definition and scope of the seizure of intangible rights. The procedure then varies according to the nature of the rights seized: shareholder rights, listed securities, etc.Seizure of intangible rights: instructions for use
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesThe seizure of intangible rights enables creditors to recover what is owed to them by seizing the debtor's shares, securities or other intangible assets. This specific procedure requires rigour and precision. For an in-depth understanding of its definition and scope, please see our article on...Seizure of securities: instructions for use
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesAn unpaid creditor has several weapons at his disposal to recover what is owed to him. One of these is the seizure of securities, which is part of the wider context of the seizure of intangible rights. But the subject is full of technical subtleties that sometimes turn this procedure into an obstacle course....What you need to know about seizing shareholder rights
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesAre you a creditor of a debtor who owns shares in a company? Seizing these rights could be an effective way of obtaining payment. However, this complex procedure is subject to strict rules that you should be familiar with. Shareholder's rights: assets that can be seized subject to conditions Shareholder's rights represent...Seizure of shareholders' rights: a little-known method of enforcement
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesThe seizure of shareholders' rights enables creditors to take legal action to seize and then sell the shares held by their debtor. This procedure has existed since the 1991-1992 reform of enforcement procedures, but is still rarely used. Why is this potentially formidable legal tool so difficult to use?Comparison of the seizure of French intangible rights with foreign laws
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesThe seizure of intangible rights enables creditors to place intangible assets belonging to their debtors under legal control and then sell them. This procedure is gaining in importance with the digitalisation of the economy and the increase in the value of dematerialised assets. Comparing international approaches will help to better...History and development of the seizure of intangible rights
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesThe legal vacuum before 1991 Prior to 1991, there were no enforcement remedies specifically aimed at intangible rights. This legal vacuum posed a problem. To better understand the seizure of intangible rights, its definition and its current scope, a historical perspective is essential. Bailiffs improvised. In the case of registered shares and partnership rights,...Seizure by way of execution vs. sequestration: what are the differences for intangible rights?
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesBefore we look at how intangible rights can be seized, it is essential that you gain a better understanding of what intangible rights are, how they are defined and what they cover. The seizure of intangible rights has two distinct faces: enforceable or protective. These two procedures meet different needs and are used in specific contexts. Two approaches,...Understanding the seizure of intangible rights: definition and scope
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesRecovering an unpaid debt can quickly become a headache. When reminders go unheeded, it's time to take enforcement action. One of these is the seizure of intangible rights, a little-known but valuable option. What is the seizure of intangible rights? This procedure enables a creditor in possession of a title...Seizure of shares: how does it work, what is it for?
Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securitiesFind out about the seizure of shareholders' rights and securities: a procedure for recovering debts on intangible assets such as shares.
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