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THE NEW BELGIAN PLEDGE REGISTER READY TO GO ONLINE SOON

A thorough modernization of the Belgian security rights regime

The Belgian Act of July 11th 2013 on security interests over moveable assets (“the new Pledge Act”) will modernize the Belgian security rights regime regarding moveable assets, as it will provide two methods to perfect a pledge over moveable assets and make such a pledge effective against third parties: through registration of the pledge in the future pledge register, or (as before) by means of transfer of the possession over the pledged assets to the pledgee (or a third-party pledge holder).

The entry into force of the new Pledge Act has been postponed repeatedly since 2013, and most recently per Act of December 25th 2016 amending various provisions pertaining security rights on moveable assets.

The new Belgian pledge register ready to go online (soon)

The new Belgian Pledge Act has now been implemented per Royal Decree of 14 September 2017, published in the Belgian Official Gazette of 18 September 2017. This means that the legal framework enabling the entry into force of the new Pledge Act on 1 January 2018 is now in place.

This Royal Decree establishes the new national pledge register, which will provide third party opposability for registered non-possessory pledges and retention of title of moveable assets.

In addition, it addresses several practical aspects, such as:

 

  • the provision of online access to the pledge register for Belgian nationals, by means of (Belgian) electronic ID-cards 
  • the possibility for a registered pledgor and a buyer (under reservation of title) to see who has consulted their data in the register, and 
  • the cost of registration has been capped at 500 EUR, whereas the cost of amendment and release are capped at 300 EUR and 200 EUR respectively.

 

For further information, please do not hesitate to contact any of the KOAN Law Firm professionals listed below:

 

 

 

 

Philip Peerens

 

Sébastien Elst

Partner

+32 2 566 90 00

Associate

[email protected]

www.koan.law

[email protected]

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