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Protective pledge of shares and securities: procedure, effects and conversion
Your debtor owns shares in a company: a protective pledge enables you to freeze these assets before any judgement to secure your debt. This is an effective procedure, but it is subject to strict formalities, the slightest deviation from which could jeopardise the guarantee. A complete guide to the conditions for implementing the procedure, the effects of the pledge and its conversion into a definitive security interest.
Pledging of exploitation rights: cinematographic films and software, specialised securities
Your company owns the exploitation rights to a film or software and is looking to increase their value in order to obtain financing. These intangible assets can be the subject of a special pledge, distinct from the general system, with its own rules for creation and enforceability. Understanding this special system will determine the validity of the guarantee given to your bank.
Pledging of shares: guarantees and issues for civil and commercial companies
Your bank will require you to pledge your shares as collateral for a loan: you are committing yourself as a partner, with consequences that vary considerably depending on the form of your company. The other partners have rights that must be anticipated when the deed is drawn up. We take a closer look at the legal mechanisms involved in pledging company shares and the practical implications for both the pledgor and the creditor.
Securities account pledging in the DEEP era (Blockchain): challenges and opportunities
Pledging financial securities registered on a blockchain raises legal issues that the traditional securities account regime does not directly resolve. French law has recognised the shared electronic record (DEEP) as a medium for representing certain securities, but the rules governing the creation and enforceability of pledges still need to be mastered. This guide analyses the practical challenges of this collateral in the age of blockchain.
Creating a securities account pledge: formalities, documents and best practice
You wish to pledge a portfolio of securities to secure financing. Article L. 211-20 of the French Monetary and Financial Code imposes a number of specific formalities: declaration of pledge, notification to the account holder, agreement by the pledgor. Failure to do so is enough to render the security completely ineffective.
Pledging a securities account: a complete guide to securing your financial assets
You need effective security for a portfolio of financial securities without losing management of it. The pledge of a securities account, governed by Article L. 211-20 of the French Monetary and Financial Code, places the creditor outside the reach of other creditors, including in the event of insolvency proceedings. This comprehensive guide covers the creation, dynamic basis, effects and realisation of this security.
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