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Germany

Third-party costs in security interests in Germany

Germany

1. Is notarisation required and are fees payable?

Yes.

1.1 Pledge over shares in a limited liability company (GmbH)

Yes – EUR 120 to up to EUR 74,000 plus VAT depending on the amount of the secured liabilities or, if lower, the value of the pledged shares and the provided services of the notary.

1.2 Land Charge

Yes – EUR 60 to up to EUR 68,000 plus VAT depending on the nominal amount of the secured liability and the provided services of the notary.

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

2.1 Share Pledge Agreement

No.

2.2 Land Charge

Yes, registration at the local land register – EUR 60 to up to EUR 76,000 plus VAT depending on the nominal amount of the secured liability and the provided service of the land register. The fees can increase in cases where more than one land register are involved.

2.3 Pledge over bank accounts

No.

2.4 Security assignment of receivables

No.

2.5 Security transfer of movable assets

No.

2.6 Guarantee / surety / letter of comfort 

No.

2.7 Subordination of claims 

No.

3. Do any securities / deeds require to be registered at the local Commercial Register and what fees are payable? 

No security has to be registered at the Commercial Register.

Please note that while the information on this page was current and accurate as at 25/8/16, 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!