Prerequisites for a consignment

Any consignment request must contain the legal provision on which the said request is based. In the absence of any legal basis, the Consignment Office is not able to carry out the consignment.

In accordance with article 1 of the Law of 29 April 1999 on State consignments, a consignment may arise fromthe following circumstances:

• when an asset is to be consigned pursuant to a law, a regulation, a judicial or administrative decision, it must be consigned to the Consignment Office (paragraph 1); or
• when an asset is to be consigned on a voluntarily basis by a debtor in order to fulfill his obligation towards his creditor, it may be consigned by the Consignment Office with a discharging effect for the debtor in the following cases:

        - cases governed by articles 1257 to 1263 or 1264 of the Civil Code; or
        - cases where the debtor through no fault of his own is not able to be safely discharged of his obligations for reasons relating to the creditor.

Below are several examples of legal provisions that may serve as a legal basis for a request for consignment: :

1) Voluntary consignements

• « for reasons relating to the creditor  »
• Termination of activities of a credit institution/a professional of the financial sector (PSF)

2) Company in liquidation

• Judicial liquidation
• Non-judicial liquidation of a fund or sub-fund
• Non-judicial liquidation (excluding funds or sub-funds)

3) Insolvency proceedings (bankruptcy)

4) Sale of property under future completion (VEFA)

5) Unclaimed or vacant estate

This list is non-exhaustive.