Bezitloos pandrecht

A non-possessory pledge, also known as a silent pledge, is a form of security interest in movable property whereby the pledgor retains possession and use of the pledged assets. This right is created by a notarial deed or a private deed registered with the Tax Authority, as provided for in the Civil Code.

The non-possessory pledge is significant because it enables the pledgor to continue using the assets, such as machinery or inventory, in its business operations. This allows financing to be obtained without impeding operational activities, which is common in practice in commercial lending.

In the event of the pledgor’s bankruptcy, the pledge grants the pledgee a preferential position, provided that all creation requirements have been met and the pledge has been registered in a timely manner.