belgiquelex.be - Carrefour Bank of Legislation 27 AVRIL 2016. - An Act to amend the Act of 25 ventôse an XI containing organization of the notariat with respect to the boards of appointment for the notariat (1)
PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1
er. - General provision
Article 1
er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the law of 25 ventôse an XI containing organisation of the notariat
Art. 2. In section 38 of the law of 25 ventôse an XI containing organization of the notariat, restored by the law of 4 May 1999 and last amended by the law of 6 January 2014, the following amendments are made:
(a) in paragraph 2, paragraph 2, the 3rd is repealed;
(b) in paragraph 2, paragraph 3, the 3rd is repealed;
(c) in paragraph 3, paragraph 2, the second is repealed;
(d) in paragraph 4, paragraph 1
er, 1°, the words "or two notaries and an honorary notary," are inserted between the words "three notaries" and the words "three from three".
(e) in paragraph 5, paragraph 2, the words "or notaries fees" are inserted between the word "notaries" and the words ", commissions";
(f) in paragraph 5, paragraph 4, the words "or notaries fees" are inserted between the word "notaries" and the words "by language";
(g) in paragraph 7, paragraph 1
er, the sentence beginning with the words "The members of a commission" and ending with the words "immediately re-elected" is replaced by the following sentence:
"The members of the appointing boards shall serve for a period of four years, the terms of office of half of the actual members and half of the alternate members being renewed every two years; an outgoing member is not directly eligible. ";
(h) in paragraph 8, paragraph 1
er the words "or notaries associated" are replaced by the words ", associate notary or honorary notary";
(i) in the article, a paragraph 11/1 is inserted as follows:
§ 11/1. The appointing boards have a limited secretariat, whose staff framework is set by the House of Representatives, on the proposal of the appointing boards.
For the recruitment of their staff, they can appeal to parliamentary institutions, other institutions with staffing and public institutions, with which they can enter into a cooperation agreement. Additional detachment allowance may be awarded.".
Art. 3. In Part II of the Act, Section IIbis, comprising sections 49bis to 49quater, inserted by the Act of 4 May 1999, is repealed.
CHAPTER 3. - Transitional provision
Art. 4. At the first recomposition of the appointment boards after the coming into force of this Act, the term of two of the effective members referred to in Article 38, § 4, paragraph 1
er, 1° and 2°, of one of the effective members referred to in Article 38, § 4, paragraph 1
er3° or 4° and one of the actual members referred to in Article 38, § 4, paragraph 1
er, 5° and the terms of reference of their respective alternates, sitting in each appointment board at the time of the coming into force of this Act, may be renewed for a period of two years.
Outgoing members referred to in paragraph 1
er are immediately eligible. They cannot sit for more than six years.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 27 April 2016.
PHILIPPE
By the King:
The Minister of Justice,
K. GEENS
Seal of the state seal:
The Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
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Documents: 54 0598
Full report : April 21, 2016
