(1) Any contract awarded by a public corporation may be used as
security, subject to any form of transfer of claim.
(2) In this case, the security shall be in the form of a bilateral contract between the
public corporation’s contracting partner and a third party called “secured creditor”.
(3) The secured creditor shall notify in writing or shall serve the Contracting Authority
or the accounting officer in charge of payment with a certified true copy of the original
security document.
(4) From the date of notification or service referred to in (3) above, and except for
where payments are not possible, the accounting officer in charge of payment shall
pay directly to the secured creditor the amount of the claim or the part thereof given
to the said creditor as security.
(5) Where the security is put up to the benefit of several creditors, each of them shall
receive the percentage of the claim assigned to them in the document, the
indications of which shall be notified or served to the accounting officer in charge of
payment.
(6) No modification in the designation of the accounting officer in charge of payment,
or in the terms and conditions of payment, except, in the latter case, with the written
approval of the secured creditor, shall be made after notification or service of the
security.
(7) The release order for the notifications or service of the security shall be given in
writing by the secured creditor to the accounting officer in charge of payment, which
creditor should be the holder of the security document provided for in (3) above. It
shall expire as from the second working day following that of reception by the
accounting officer in charge of payment of the document informing the said
accountant accordingly.
(8) Only preferential claims provided for by laws or regulations in force shall take
precedence over the rights of secured or subrogated creditors.
VIII. Amounts of Public Contracts
VIII.1. Characteristics of Amount
Official text
Spot-checked
In force from 12 June 2018
Source page 28