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BOE-A-2026-4183 ·23 February 2026 ·Resolution Low impact
Tax

Companies: non-possessory pledges must guarantee specific rather than mixed obligations to be registrable

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal regarding the negative classification of a deed for a non-possessory pledge over electric bicycles. The resolution emphasises that a pledge must adhere to the principles of accessoriness and speciality, prohibiting a single liability from guaranteeing different obligations (such as interest and service fees) without clear delimitation (Articles 9 of the Mortgage Law and 51 of the Mortgage Regulations).

In 2 key points

  1. The pledge must respect the principles of accessoriness and speciality to avoid guaranteeing two distinct obligations with the same liability (fundamentos de derecho)
  2. It is necessary to precisely define the existence, delimitation, content, and scope of the security if it is linked to a guarantee (arts. 9 de la Ley Hipotecaria y 51 de su reglamento)

How it affects those involved

For companies using movable property security (either as pledgors or creditors), the ruling requires extremely precise contractual drafting. It is not valid to use a single security to cover both a loan principal and commissions from independent service contracts, as this violates the principle of registry speciality. Parties must define with exactitude the scope, content, and specific pecuniary obligations that the pledge intends to secure to avoid the refusal of registration in the Movable Property Registry.

Lifecycle

2026-02-23PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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