Einde inhoudsopgave
Draft Common Frame of Reference
IX. — 3:329 Transfer of the security right: declaration indicating the transfer
Geldend
Geldend vanaf 01-01-2009
- Redactionele toelichting
De dag van de datum van afkondiging is gezet op 01. De datum van inwerkingtreding is de datum van afkondiging.
- Bronpublicatie:
01-01-2009, Internet 2009, ec.europa.eu (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-01-2009
- Bronpublicatie inwerkingtreding:
01-01-2009, Internet 2009, ec.europa.eu (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Civiel recht algemeen (V)
EU-recht / Bijzondere onderwerpen
Internationaal privaatrecht / Algemeen
(1)
Where the security right is transferred, the original entry may be amended by a declaration indicating the transfer.
(2)
The declaration indicating the transfer is subject to IX. — 3:311 (Amendments of entries) and any additional rules as laid down in this Article.
(3)
The declaration indicating the transfer can be entered into the register only if:
- (a)
it is made in respect of a specific entry;
- (b)
it indicates the security rights to be transferred;
- (c)
it identifies the transferee; and
- (d)
it is accompanied by a declaration of the person making the amendment that the latter assumes liability for damage caused to the secured creditor or third persons by a wrongful entry.
(4)
The declaration indicating the transfer may be filed by the transferor or, with the transferor's consent, by the transferee.
(5)
On the basis and to the extent of the transfer of the security right, the security provider is entitled as against the transferor to the filing of a declaration indicating the transfer and the transferee is entitled to a declaration of consent by the transferor according to the preceding paragraph. IX. — 3:316 (Review of contested entries by registration office) applies with appropriate adaptations to the assertion of these rights.
(6)
Once the declaration indicating the transfer is filed, the original entry is amended accordingly and is no longer regarded as covering the security rights indicated as having been transferred.
(7)
Once the declaration indicating the transfer is filed, a new entry is automatically filed against the security provider reiterating the content of the original entry and stating that the security rights indicated are transferred to the transferee.
(8)
The transferee assumes the position of the secured creditor in respect of the new entry for all purposes under this Section. In respect of the security rights indicated as transferred, the new entry preserves the priority conferred by the original entry.