Third-party costs in security interests in Belgium

1. Is notarisation required and are fees payable?

2. Do the following securities / deeds require to be registered in the Local Property Register and what fees are payable? 

2.1 Mortgage

2.2 Mortgage mandate

2.3 Pledge over business

2.4 Pledge over business mandate

2.5 Pledge over receivables

2.6 Pledge over shares

2.7 Pledge over (bank) accounts

2.8 Pledge over intellectual property

2.9 Pledge over specific business asset (other than above)

2.10 Personal or corporate guarantee

N.B.: a new act on security interests over moveable assets (entry into force most likely postponed to 1 January 2018) will abrogate the pledge over business (2.3 and 2.4) and will offer the possibility to the parties to register the securities on moveable assets (predominantly 2.9) within an electronic registry. In this case, registration fees will have to be paid.

3. Do the following securities / deeds require to be registered at the local Registrar of Companies and what fees are payable? 

3.1 Mortgage

3.2 Mortgage mandate

3.3 Pledge over business 

3.4 Pledge over business mandate

3.5 Pledge over receivables

3.6 Pledge over shares

3.7 Pledge over (bank) accounts

3.8 Pledge over intellectual property 

3.9 Pledge over specific business asset (other than above) 

3.10 Personal or corporate guarantee