belgiquelex.be - Carrefour Bank of Legislation 25 MARCH 2016. - Law relating to the status and control of insurance or reinsurance companies with respect to certain accelerated procedures of appeal to the Council of State (1)
PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1
er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In Article 68, 2°, of the Law of 6 August 1990 on Mutuals and National Mutual Unions, inserted by the Law of 2 June 2010, the following amendments are made:
1° to (a), the words "in accordance with section 3 of the Act of 9 July 1975 relating to the control of insurance companies;" are replaced by the words "in accordance with sections 28 and 584 of the Act of 13 March 2016 relating to the status and control of insurance or reinsurance companies; ";
2(b) is repealed;
3° to (c), the words "in accordance with section 21octies of the Act of 9 July 1975 relating to the control of insurance companies;" are replaced by the words "in accordance with section 504 of the Act of 13 March 2016 relating to the status and control of insurance or reinsurance companies; ";
4° to d), the words "seen to article 26, § 1
er, paragraph 2, 2°, 3° and 4°, and 5, 8 and 9, of the Act of 9 July 1975 relating to the control of insurance companies;" are replaced by the words "in accordance with Article 517, § 1
er, 2°, 4°, 6°, 7° and 8°, of the Act of 13 March 2016 relating to the status and control of insurance or reinsurance companies; ";
5° to (e), the words "seen to article 43 of the Act of 9 July 1975 on the control of insurance companies;" are replaced by the words "seen to articles 517, § 1
er8°, 541 and 598, § 2, of the Act of 13 March 2016 relating to the status and control of insurance or reinsurance companies; ";
6° to (f), the words "in accordance with sections 51 and 58 of the Act of 9 July 1975 relating to the control of insurance companies or where the Supervisory Board has not notified a decision within the time limit set out in Article 51, paragraph 2, of the same Act;" are replaced by the words "in accordance with Articles 108, § 3 and 115, § 2, of the Act of 13 March 2016 relating to the status and control of insurance companies".
Art. 3. In section 36/22 of the Act of 22 February 1998 establishing the organic status of the National Bank of Belgium, last amended by the Act of 27 May 2014, the following amendments are made:
1° to 7°, the words "under Article 4 of the Act of 9 July 1975 on the control of insurance companies; the same appeal is open when the Bank has not ruled within the time limits set out in paragraph 4 of Article 4 above; in the latter case, the appeal is treated as if the application had been rejected;" are replaced by the words "under sections 28 and 584 of the Act of March 13, 2016 relating to the status and control of insurance or reinsurance companies; ";
2° 8° is repealed;
3° 9° is replaced by the following:
"9° to the insurance or reinsurance company, against the tariff recovery decisions made by the Bank under section 504 of the Act of 13 March 2016 referred to above;"
4° the 10° is replaced by the following:
"10° to the insurance or reinsurance company, against the decisions made by the Bank under Article 517, § 1
er, 1°, 2°, 4°, 6° and 7°, of the law of 13 March 2016 mentioned above;"
5° the 11° is replaced by the following:
"11° to the insurance or reinsurance company, against decisions to revoke the approval made by the Bank under Articles 517, § 1
er8°, 541 and 598, § 2, of the Act of 13 March 2016 referred to above;"
6° the 12° is replaced by the following:
"12° to the insurance company, against the opposition decisions made by the Bank pursuant to Articles 108, § 3 and 115, § 2, of the law of 13 March 2016 referred to above or when the Bank has not notified a decision within the time limits set out in Articles 108, § 3, paragraph 2, and 115, § 2, paragraph 2, of the same law;"
7° it is inserted a 12bis° written as follows:
"12bis° to the insurance company, against the decisions made by the Bank under section 569 of the aforementioned Act of 13 March 2016;"
8° 14° is repealed;
9° the 15° is replaced by the following:
"15° to the reinsurance company, against the opposition decisions made by the Bank under articles 114 and 121 of the above-mentioned law, in that they refer respectively to articles 108, § 3 and 115, § 2, of the same law or when the Bank has not notified a decision within the time limits set out in articles 108, § 3, paragraph 2, and 121, 2°, of the same law;"
10° 16° is repealed;
11° 17° is repealed;
12° the 18° is replaced by the following:
"18° to the reinsurance company, against the decisions made by the Bank under sections 600 and 601, in that they refer respectively to sections 580 and 598 of the above-mentioned Act; ";
13° the 22° is replaced by the following:
"22° to the institution concerned, against the decisions made by the Bank under Article 517, § 6, of the Act of 13 March 2016 relating to the status and control of insurance or reinsurance enterprises; ";
14° to 35°, the words "of Article 74, § 1
er, paragraph 3, of the law of February 16, 2009 on reinsurance, are replaced by the words "of section 603, § 2, of the law of March 13, 2016 relating to the status and control of insurance or reinsurance companies".
Art. 4. In section 122 of the Financial Sector Supervision and Financial Services Act of August 2, 2002, last amended by the Royal Decree of March 3, 2011, the 12th is replaced by the following:
"12° to the insurance company against the request for an extension of information made by the MSDS pursuant to Article 286, § 3, of the Insurance Act of 4 April 2014;".
Art. 5. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 March 2016.
PHILIPPE
By the King:
Minister of Economy and Consumers,
K. PEETERS
The Minister of the Interior,
J. JAMBON
The Minister of Finance,
J. VAN OVERTVERLDT
The Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
___
Note
(1) House of Representatives:
(www.lachambre.be)
Documents: 54-1661 - 2015/2016
Full report : 18 February 2016
Senate:
(www.senate.be)
Documents: 6-260 - 2015/2016
See also:
House of Representatives:
Documents: 54-1584 - 2015/2016
