By Raphaël MORENON
19 March 2025
The seizure of intangible rights allows 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 helps to better understand the strengths and weaknesses of the French system. The French system: a structured but complex procedure In France, the seizure of intangible rights is governed by the Code of Civil Enforcement Procedures (CPCE). Codified in 2012, it applies to partnership rights, securities and other intangible rights excluding monetary claims. There are two main stages in the French procedure: seizure and sale. The seizure is carried out without prior summons, by service on a third party (company, issuer or authorised intermediary). The debtor must be notified of the deed within eight days, failing which it lapses. Sale differs depending on the...
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