Practice led by Franck-Alexis Pierret

Structured finance and security

We put financing documents into notarial form and handle the creation, registration and release of the security that secures them — for lenders and borrowers alike.

What we do

  • Syndicated and bilateral loans: execution of the loan deed, issue of enforceable copies (copies exécutoires), amendments.
  • Real estate security: conventional mortgage (hypothèque conventionnelle), lender’s lien (privilège de prêteur de deniers), rechargeable mortgage; registration, ranking, renewal, release.
  • Security over movables: pledges of shares, of financial securities accounts, of business receivables, of going concerns (fonds de commerce).
  • Personal guarantees: sureties (cautionnements), first-demand guarantees, letters of comfort.
  • Security agent (agent des sûretés): creation, management and enforcement of security registered in the agent’s name (French Civil Code, arts. 2488-6 to 2488-12).
  • Refinancings and restructurings: subordination, intercreditor agreements, assignments of receivables and contracts, coordinated releases.

Why a notarial deed in a financing

  • Enforceability: the enforceable copy (copie exécutoire) allows enforcement to proceed without a prior judgment (French Code of Civil Enforcement Procedures, art. L. 111-3, 4°).
  • Certain date and evidential weight of the deed, binding on third parties.
  • Control of ranking: the office manages the sequence of registrations and land registry filings, on which the effectiveness of the security depends.
  • Funds: the price and repayments pass through the office’s client account, held with the Caisse des Dépôts et Consignations; the payment recorded in the deed is conclusive unless challenged through the special forgery procedure (French Civil Code, art. 1371).
  • Safekeeping: the original deed (minute) is kept by the office and a copy can be issued at any time.

Our method on a closing

  1. Reading the term sheet from the security angle: what must be in notarial form, what may remain under private signature, what the registration timetable requires.
  2. Setting the timetable: draft deeds, conditions precedent, signing date, formalities.
  3. Gathering the documents: land registry searches, company extracts (Kbis), powers of attorney, corporate approvals, title.
  4. Signing, remotely where appropriate, then formalities and registrations within the required time limits.
  5. Delivery of the file: enforceable copies, registration certificates, statement of costs and disbursements.
Contact

15 rue Traversière, Paris 12th.

The office receives clients by appointment, Monday to Friday. +33 1 84 74 17 45 · fa.pierret@notaires.fr · m.tomasini@notaires.fr

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