Law On The Status And Control Of The Business Of Insurance And Reinsurance In Regards To Certain Expedited Procedures Of Appeal To The Council Of State (1)

Original Language Title: Loi relative au statut et au contrôle des entreprises d'assurance ou de réassurance en ce qui concerne certaines procédures accélérées de recours auprès du Conseil d'Etat (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016011105&caller=list&article_lang=F&row_id=1&numero=47&pub_date=2016-04-06&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-04-06 Numac: 2016011105 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy 25 March 2016. -Law on status and control of the business of insurance or reinsurance in regards to certain expedited procedures of appeal to the Council of State (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. in article 68, 2 °, of the law of 6 August 1990 on mutual and national unions of mutual societies, inserted by the law of June 2, 2010, the following changes are made: 1 ° to the a), the words "in application of article 3 of the law of 9 July 1975 on the control of insurance undertakings'; are replaced by the words" pursuant to articles 28 and 584 of the status law of March 13, 2016 and " the control of insurance or reinsurance undertakings; ";
2 ° b) is repealed.
3 ° c), the words "referred to in article 21octies of the Act of 9 July 1975 on the supervision of insurance companies;"
are replaced by the words "referred to in article 504 of the Act of March 13, 2016 to the status and control of insurance or reinsurance undertakings";
4 ° to d), the words "referred to in article 26, § § 1, paragraph 2, 2 °, 3 ° and 4 °, and 5, 8 and 9, of the Act of 9 July 1975 on the control of insurance undertakings;" are replaced by the words "referred to in article 517, § 1, 2 °, 4 °, 6 °, 7 ° and 8 °, of the law of 13 March 2016 on the status and control of insurance or reinsurance undertakings;";
5 ° e), the words "referred to in article 43 of the law of 9 July 1975 on the supervision of insurance companies;"
are replaced by the words "referred to in sections 517, § 1, 8 °, 541-598, § 2, of the law of 13 March 2016 on the status and control of insurance or reinsurance undertakings;";
6 ° f), "referred to in articles 51 and 58 of the Act of 9 July 1975 on the control of business insurance, or when the Control Board has not notified of decision within the time limit laid down in article 51, paragraph 2, of the Act;" shall be replaced by the words "referred to in articles 108, § 3 and 115, § 2, of the law of 13 March 2016 on the status and control of insurance or reinsurance undertakings;".
S. 3. in article 36/22 of the law of 22 February 1998 establishing the Organic Statute of the National Bank of Belgium, as last amended by the Act of May 27, 2014, the following changes are made: 1 ° to 7 °, the words "under article 4 of the Act of 9 July 1975 on the control of insurance undertakings;
an appeal is open when the Bank has not acted within the time limits established in paragraph 4 of article 4; in the latter case, the use is treated as if it had been a rejection of the application;"shall be replaced by the words"under articles 28 and 584 of the Act of March 13, 2016 to the status and control of insurance or reinsurance undertakings;";
2 8 ° ° is repealed;
3 9 ° ° is replaced by the following: "9 ° to the insurance or reinsurance undertaking, against increase in rate decisions by the Bank under section 504 of the Act of March 13, 2016;";
4 ° 10 ° is replaced by the following: "10 ° to the insurance or reinsurance undertaking, against the decisions taken by the Bank under section 517, § 1, 1 °, 2 °, 4 °, 6 ° and 7 °, of the law of 13 March 2016;";
5 11 ° ° is replaced by the following: "11 ° to the insurance or reinsurance undertaking, against the revocation of accreditation decisions taken by the Bank under articles 517, § 1, 8 °, 541-598, § 2, of the aforementioned Act of March 13, 2016;";
6 12 ° ° is replaced by the following: "12 ° to the insurance undertaking, against decisions taken by the Bank by virtue of sections 108, opposition § 3 and 115, § 2, of the Act of March 13, 2016, supra or when the Bank has not notified of decision within the time limits laid down in articles 108, § 3, paragraph 2, and 115, § 2, paragraph 2 , of the same Act; ";
7 ° there shall be inserted a 12bis ° as follows: "12bis ° to the insurance undertaking, against the decisions taken by the Bank under article 569 of the aforementioned Act of March 13, 2016;";
8 14 ° ° is repealed;
9 ° 15 ° is replaced by the following: "15 ° to the reinsurance undertaking, against the opposition decisions taken by the Bank by virtue of sections 114 and 121 of the Act in that they refer respectively to articles 108, § 3 and 115, § 2, of the Act, or when the Bank has not notified of decision within the time limits laid down in articles 108 , § 3, paragraph 2, and 121, 2 °, of the same Act; ";
10 16 ° ° is repealed;
11 ° 17 ° is repealed;
12 18 ° ° is replaced by the following: "18 ° to the reinsurance undertaking, against the decisions taken by the Bank under articles 600 and 601 in what they refer respectively to articles 580 and 598 of the above-mentioned Act;";
13 ° 22 ° is replaced by the following: "22 ° to the establishment concerned, against decisions taken by the Bank under section 517, § 6, of the Act of March 13, 2016 to the status and control of insurance or reinsurance undertakings;";
14 ° to 35 °, the words "of article 74, § 1, paragraph 3, of the Act of February 16, 2009 on reinsurance," are replaced by the words "article 603, § 2, of the Act of March 13, 2016 on the status and control of insurance or reinsurance undertakings".
S.
4. in article 122 of the law of 2 August 2002 on the supervision of the financial sector and financial services, as last amended by the royal decree of 3 March 2011, 12 ° is replaced by the following: "12 ° to the insurance undertaking against the decisions of request for extension of information taken by the FSMA under article 286 , § 3, of the Insurance Act of April 4, 2014; "."
S.
5. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, 25 March 2016.
PHILIPPE by the King: the Minister of the economy and consumers, K. PEETERS, the Minister of the Interior, J. ham Finance Minister, J. VAN OVERTVERLDT the Minister of Justice, K. GARG sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives: (www.lachambre.be) Documents: 54-1661-2015/2016 full report: February 18, 2016 Senate : (www.senate.be) Documents: 6 - 260 - 2015/2016 see also: House of representatives: Documents: 54-1584-2015/2016