Legal Definitions - enrégistrement

Enrégistrement refers to the formal process of registration under French law. It involves a public official, typically a clerk, recording essential details of a legal document, such as a deed, contract, or other instrument, into an official government register. This act serves to provide public notice of the document's existence and contents, establish its official date, and often makes it legally binding or enforceable against third parties. After recording, the original document is typically marked with a stamp or seal indicating the date of its official registration.

Here are some examples of how enrégistrement applies:

• Property Sale: When an individual purchases a piece of land or a building in France, the deed of sale (acte de vente) must undergo enrégistrement. A notary public, acting as a public official, submits the deed to the relevant land registry office. A clerk at this office records the key details of the transaction, including the parties involved, the property description, and the sale price, into the official land register. This enrégistrement makes the change of ownership publicly known and legally binding, preventing future disputes over who owns the property.

• Mortgage Agreement: A homeowner in France takes out a mortgage loan from a bank, using their property as collateral. The mortgage agreement (acte d'hypothèque) must be subjected to enrégistrement. A public official ensures that the details of the mortgage, including the amount borrowed and the property it secures, are entered into the official property register. This formal recording provides public notice to anyone interested in the property that it is encumbered by a mortgage, protecting the bank's interest and informing potential future buyers or lenders.

• Formation of a Commercial Company: Entrepreneurs decide to establish a new limited liability company (Société à Responsabilité Limitée or SARL) in France. The company's articles of association (statuts de société), which outline its structure, purpose, and initial capital, must be filed and undergo enrégistrement with the Commercial and Companies Register (Registre du Commerce et des Sociétés - RCS). A clerk reviews and records the essential information about the new company. This enrégistrement formally brings the company into legal existence, grants it legal personality, and makes its foundational details publicly accessible to clients, suppliers, and other businesses.