Recently, a Royal Decree organising the conditions and the fees payable to consult and use the National Pledge Register was published. The register should be operationalat the latest on 1st January 2018.
In previous articles published on our website (see below), we had introduced the main innovations of the law of 11 July 2013 on movable securities.
Those included the introduction of a pledge without dispossession under Belgian law and the creation of a Pledge Register.
The implementation of that law has been postponed to 1st January 2018 and is not entered into force earlier notably because of the time necessary to institute an operational National Pledge Register.
The 1st January 2018 deadline should however be observed further to the publication in the Official Gazette of 26 September of the Royal Decree of 14 September 2017 on the use of the National Pledge Register.
That Royal Decree determines the conditions of the register as well as the fees payable to consult and use the register.
1. Who can access the register?
Anyone who pays the required fee and identifies itself online, via an electronic Belgian ID-card and in accordance with the requirements set by the register.
The user has to know that any abusive and commercial use of the data extracted from the Pledge Register constitutes an infringement of the Privacy Act of 8 December 1992 and may entail its personal liability for possible damage.
Needless to say that anyone can call on a lawyer to carry out the steps with the Pledge Register, whether concerning the registration, the modification, the renewal, the removal of the pledge or the consultation of the register.
2. How much does it cost?
The fees charged vary depending on the amount of liabilities secured by the pledgor or the sales price of a movable property sold under retention of title.
The fees charged will consequently vary:
from EUR 20 to 500 for the registration of a pledge or a retention title arrangement in the Pledge Register;
from EUR 12 to 300 for the modification of the registration of a pledge or a retention title arrangement in the Pledge Register;
from EUR 8 to 200 for the removal in full of the registration of a pledge or a retention title arrangement in the Pledge Register.
The fees charged for the consultation of the Pledge Register amount to EUR 5 per consultation, including the delivery of an electronically signed document in which is referenced either the negative result of the research, or a pledge or a retention title arrangement. It would cost EUR 5 per extra search result for which the delivery of an electronically signed document is requested. The consultation by the pledgor and the buyer under retention title is free for the registration concerning them in the Pledge Register.
That Royal Decree should finally allow the entering into force of the law of 11 July 2017 on movable securities for the 1st January 2018 at the latest. The Royal Decree itself will enter into force at the same time than the law. As a result, the Pledge Register will be operational on the 1st January 2018 at the latest.
The introduction of the pledge without dispossession responds to the legislator’s will to widen the credit sources. The Pledge Register will indeed offer a legal certainty and a greater transparency for the secured creditor without depriving the debtor of the use of its secured assets.