How to request the registration of a business pledge
Direction de l'Expansion Économique
9 rue du Gabian
MC 98000 MONACO
Trade and Industry Registry :
(+377) 98 98 84 91
(+377) 98 98 84 50
Fax : (+377) 92 05 75 20
Opening Hours : from 9h30 to 17h00 from monday to friday
Principle and conditions
The creditor of a business owner can request the listing in the Trade and Industry Registry of an agreement pledging business assets as security against a loan.
Upon listing, this agreement remains valid for five years. The registration can be renewed before the end of this period.
If multiple security agreements are made, the order of creditors is determined by the chronological order of listings made in the register of security agreements held at the Trade and Industry Registry.
Agreements listed on the same day have equal claim.
The security agreement
The security agreement must be documented on paper either in a legal document or by private agreement.
The agreement must be registered and listed at the Trade and Industry Registry, failure to do so will render the agreement void (see article 2 of the Ordinance of 23 June 1907 the pledging of businesses).
The agreement must include the following information regarding the business: the name, logo, tenancy agreement, customer base and, in general, all intangible assets that distinguish the business and characterise its activity.
The agreement may also state that certain elements have been excluded.
It must state whether equipment and furniture are included.
Merchandise and debts cannot be included.
The creditor must request listing on the Trade and Industry Registry within 30 days of establishment of the security agreement.
This period runs from the date the agreement is signed, not the date of its registration.
Any listing made after this period will be invalid (see article 5 of the Ordinance of 23 June 1907 the pledging of businesses).
Before signing the security agreement, it is therefore important to ensure that the business is listed on the Trade Registry or that there is no obstacle to future listing.
Obtaining and completing the form
To get the security agreement listing form you can either:
- Download it here Bordereau d'inscription de nantissement sur fonds de commerce (355-0053_01-2014)
- Or collect it from the Trade and Industry Registry
Submitting the security agreement
If the agreement is in the form of a notarised document a certified copy must be submitted. If it is in the form of a private agreement the original deed must be submitted.
Submitting the pledge registration request
The completed forms and security agreement must be submitted in duplicate to the Trade and Industry Registry.
A registration fee accounting for 0.01% of the amount of the guaranteed debt must be paid.