Belgium

1. Is notarisation required and are fees payable?

No, except real estate.

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

2.1 Mortgage

Yes, registration tax and notarial fees (around 1,3% of the registered secured principal amount).

2.2 Mortgage mandate

No registration but notarial fees.

2.3 Pledge over business

Yes, registration tax (0,5% of the registered secured principal amount).

2.4 Pledge over business mandate

No.

2.5 Pledge over receivables

No.

2.6 Pledge over shares

No.

2.7 Pledge over (bank) accounts

No.

2.8 Pledge over intellectual property

No.

2.9 Pledge over specific business asset (other than above)

No.

2.10 Personal or corporate guarantee

No.

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

No.

3.2 Mortgage mandate

No.

3.3 Pledge over business 

No.

3.4 Pledge over business mandate

No.

3.5 Pledge over receivables

No.

3.6 Pledge over shares

No.

3.7 Pledge over (bank) accounts

No.

3.8 Pledge over intellectual property 

No (but registration and related fees with relevant IP registration authority).

3.9 Pledge over specific business asset (other than above) 

No.

3.10 Personal or corporate guarantee 

No.

Please note that while the information on this page was current and accurate as at 21/9/16, it may no longer be current or accurate and so you must speak to your local CMS Banking contact if you require confirmation of any of the costs or fee levels as at today’s date!