Law On Financial Various Provisions, On The Creation Of An Administrative Unit To Compatibility Autonomous 'social Activities' And On A Provision On Equality Between Women And Men (1)

Original Language Title: Loi portant des dispositions financières diverses, portant la création d'un service administratif à compatibilité autonome "Activités sociales", et portant une disposition en matière d'égalité des femmes et des hommes (1)

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belgiquelex.be - Carrefour Bank of Legislation

18 DECEMBER 2015. - An Act respecting various financial provisions, establishing an autonomous administrative service "Social activities", and providing a provision for equality of women and men (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
PART 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
PART 2. - Financial arrangements
CHAPTER 1er. - Amendments to the Act of 25 April 2014 on the Status and Control of Credit Institutions
Section 1re. - Miscellaneous provisions
Art. 2. In section 3 of the Act of 25 April 2014 on the Status and Control of Credit Institutions, the following amendments are made:
1° it is inserted a 10° /1 written as follows:
"10° /1 Regulation No. 806/2014, Regulation (EU) No. 806/2014 of the European Parliament and Council of 15 July 2014 establishing uniform rules and procedures for the resolution of credit institutions and certain investment companies within the framework of a single resolution mechanism and a Single Bank Resolution Fund, and amending Regulation (EU) No. 1093/2010;";
2° it is inserted a 10° /2 written as follows:
"10° /2 Single Resolution Council, the Council established by Article 42 of Regulation No. 806/2014;"
3° it is inserted a 27° /1 written as follows:
"27° /1 related persons: spouses, partners who, according to their national law, are considered to be the equivalent of a spouse and parents in the first degree;"
4° the 52° is replaced by the following:
"52° Resolution authority: the Bank or the Single Resolution Council, according to the division of competence provided for by or under Regulation (EU) No 806/2014 of the European Parliament and the Council of 15 July 2014 establishing uniform rules and procedures for the resolution of credit institutions and certain investment companies within the framework of a single resolution mechanism and a Single Bank Resolution Fund, and amending Regulation (EU) No 1093/2010".
Art. 3. In Article 3, 29°, and Article 13, § 1erin Appendix IV of the Act, the words "credit institution" are replaced by the word "establishment".
Art. 4. In section 24 of the Act, subsection 3 is replaced by the following:
§ 3. The position of chair of the board of directors is exercised by a person who is not a member of the steering committee.".
Art. 5. In section 25 of the Act, subsection 3 is replaced by the following:
§ 3. The function of chair of the legal body of administration is exercised by a person who is not a member of the steering committee.".
Art. 6. In section 26, paragraph 2, 3, of the Act, the words "chair of the steering committee" are replaced by the words "member of the steering committee".
Art. 7. In section 46 of the Act, the words "of section 17" are replaced by the words "of articles 9 and 18".
Art. 8. In section 52 of the Act, the following amendments are made:
1° in paragraph 1er, the words "of article 17" are replaced by the words "of articles 9 and 18";
2° in paragraph 3, the words "in accordance with article 48, paragraph 2." are replaced by the words "in accordance with article 46, paragraph 2.".
Art. 9. In section 54 of the Act, replaced by section 396 of the Act, the following amendments are made in the Dutch text:
1° the last sentence of paragraph 3 is repealed;
2° the following sentence is inserted at the beginning of paragraph 4:
"De vergoeding van het sekwester wordt vastgesteld door de toezichthouder en betaald door de voornoemde houder.".
Art. 10. Article 56, § 1er, of the same law, the words ", including the specific organizational provisions referred to in Sub-section V of Section VI of Chapter II of Title I, "are inserted between the words "article 21" and the words "and their conformity".
Art. 11. In section 59 of the Act, the following amendments are made:
1° paragraph 1er is supplemented by the words ", including the specific organizational provisions referred to in Sub-section V of Section VI of Chapter II of Part I."
2° in paragraph 2, the words ", including the specific organizational arrangements referred to in Sub-section V of Section VI of Chapter II of Part I," are inserted between the words "article 21" and the words "and the measures taken".
Art. 12. In section 62 of the Act, the following amendments are made:
1° in paragraph 5, the words "external functions referred to in paragraph 2 in other commercial companies" are replaced by the words "external functions referred to in paragraph 2, provided that they are exercised in commercial companies other than the credit institution";
2° Paragraph 6 is replaced by the following:
§ 6. Members of the steering committee or, in the absence of a steering committee, persons who participate in the effective direction of the credit institution may not exercise a mandate that includes participation in current management only if it is a corporation referred to in section 89, paragraph 1er, by-law No. 575/2013, with which the establishment of credit has close ties, a statutory collective investment agency within the meaning of the Act of August 3, 2012 on collective investment organizations meeting the requirements of Directive 2009/65/EC, debt institutions, or a civil heritage society in which such persons or related persons have a significant interest. In addition, without prejudice to paragraphs 1er and 3, where the establishment of credit is of significant importance within the meaning of Article 3, 30°, the external functions referred to in paragraph 2, provided that they are exercised in commercial companies other than the establishment of credit, are limited to two terms that cannot involve participation in current management except in the case that the term in the credit establishment is exercised in representation of a Member State. ";
3° in paragraph 7, the words "paragraphs 5 and 6" are replaced by the words "paragraph 5, second sentence, and paragraph 6, second sentence";
4° to paragraph 1er Paragraph 9, the words "of a group whose business has a close relationship with the credit institution or its parent company" are replaced by the words "of another group";
5° Paragraph 3 of paragraph 9 is replaced by the following:
"For the purposes of this article, the supervisory authority may verify by virtue of the statutes whether or not external functions are performed in commercial companies, particularly with regard to external functions in heritage societies. ".
Art. 13. Article 72, § 1erthe following amendments are made to the Act:
1st paragraph 1er is replaced by the following:
"Credit institutions cannot directly or indirectly grant loans, credits or guarantees:
1° to the members of their legal board of directors and members of their steering committee or, in the absence of a steering committee, to the persons responsible for the effective management;
2° to persons referred to in Article 9 and to members of their various bodies and to persons participating in their effective direction;
3° to companies or institutions in which the persons referred to in the 1st have qualified participation or exercise a function referred to in the 1st;
4° to persons related to persons subject to 1°. ";
2° the paragraph shall be supplemented by paragraph 4, which reads as follows:
"Notices to the legal body of administration and the control authority referred to in paragraphs 1er and 2 shall not take place if all loans, credits or guarantees granted to a particular person, company or institution do not exceed the amount of 100,000 euros."
Art. 14. Section 90 of the Act is supplemented by a paragraph written as follows:
"This section is applicable to the exercise of activities in a third country. ".
Art. 15. In section 95 of the Act, the words "second Part, Part 2, Chapter 2 of Regulation No. 575/2013" were replaced by the words "first Part, Part 2, Chapter 2 of Regulation No. 575/2013".
Art. 16. In article 96, § 1, 3°, of the same law, the words "credit institution" are replaced by the word "institution".
Art. 17. In section 96 of the Act, subsection 3 is replaced by the following:
§ 3. A mother-to-peer credit facility, a Belgian parent-law financial company or a combined Belgian-law financial company, on a consolidated basis, which is both subject to a Category 1 base equity cushion requirement for global systemic importance establishment (EISm) and to a Category 1 base equity cushion requirement for domestic systemic importance establishment ( Domestic EIS) in accordance with Articles 13 and 14 of the High Level IV requirement. ".
Art. 18. In section 96 of the Act, subsection 4 is replaced by the following:
§ 4. A mother-to-pearl credit institution, a Belgian parent-law financial company or a combined Belgian-law financial company, on a consolidated basis, which is subject to both the requirement set out in paragraph 3 and a Category 1 basic equity cushion requirement for systemic or macro-prudential risk in accordance with Articles 16 to 22 of Appendix IV, is required to meet only the highest requirement. ".
Art. 19. In section 96, § 5, of the same law, the words "category 1 basic equity cushion requirement for home systemic credit establishment" are replaced by the words "category 1 basic equity cushion requirement for home systemic establishment".
Art. 20. In section 96 of the Act, subsection 6 is replaced by the following:
§ 6. When a credit institution, a parent financial company of Belgian law or a mixed financial company of Belgian law, is part of a group or sub-group to which a global systemic institution belongs (EIS)m) or an institution of domestic systemic importance (domestic EIS), the overall requirement of category 1 base equity cushion referred to in paragraph 1er for this establishment may not be less than the sum:
- the requirements of the Class 1 base fund conservation cushion referred to in section 1er Appendix IV;
- the requirements of the base base fund cushion of category 1 specific contracyclical to the establishment referred to in sections 3 to 10 of Schedule IV;
- the amount resulting from the requirements of the Class 1 base equity cushion for the establishment of domestic systemic significance (SDS), as set out in section 14 of Schedule IV and the requirements of the Class 1 base capital cushion for systemic or macro-prudential risk, as set out in sections 16 to 22 of Appendix IV, as defined in paragraph 5, which are applicable on an individual basis and, where appropriate, on an individual basis. ".
Art. 21. In section 112 of the same law, the word "precise" is replaced by the words "may specify".
Art. 22. Section 113 of the Act is replaced by the following:
"Art. 113. § 1er. The control authority may exempt the following facilities from the obligations under this Section:
1° institutions members of an institutional protection system, understood as a system of mutual guarantee instituted on a voluntary basis by certain credit institutions;
2° credit institutions referred to in Article 239, § 1er.
§ 2. When granting an exemption under subsection 1er, the supervisory authority shall apply the requirements of this Section on the basis of the overall situation, respectively, of the institutional protection system and its exempted members, or of the central agency and its affiliated credit institutions referred to in section 239.
§ 3. Institutions subject to direct supervision by the European Central Bank under Article 6, paragraphs 4 and 5, (b), MSU Regulation or establishments whose activities constitute an important part of the Belgian financial system cannot be exempted under paragraph 1er. For the purposes of this paragraph, the activities of an establishment shall be deemed to constitute an important part of the Belgian financial system if one of the following conditions is met:
1° the total value of its assets exceeds 30.000.000.000 EUR; or
2° the ratio between its total assets and gross domestic product is greater than 20%.
§ 4. The supervisory authority may authorize a credit institution to waive the obligations set out in this Section with respect to the content of the recovery plan, the frequency of updating the plan or information to be provided by the credit institution as well as the period provided for in section 114, § 2, or section 416, to the extent that such a waiver is justified in respect of the impact that the default and liquidation of the establishment To this end, the supervisory authority takes into account, among other things, the nature of the activities of the credit institution, the structure of its shareholders, its legal form, its risk profile, its size and legal status, its interconnection with other credit institutions or the entire financial system, the scope and complexity of its activities and its potential exercise of services or investment activities.
The control authority may at any time withdraw the benefit of an exemption granted under paragraph 1er. It assesses the need and opportunity to maintain the exemptions granted at least once a year and after a change in the legal or organizational structure, the activities or financial situation of the credit institution concerned.
§ 5. Derogations granted under paragraph 4 shall not, in any case, relate to obligations in respect of the progressive scale of thresholds for the proportion of encumbered assets, as referred to in article 110, paragraph 2, paragraphs 2 and 3.".
Art. 23. In Article 212 of the same law, the words "62, §§ 1er at 4, § 5, first sentence, and §§ 6 to 8, are replaced by the words "62, §§ 1er at 4, § 5, first sentence, and §§ 6 to 9.
Art. 24. In the same Act, an article 225/1 is inserted, as follows:
"Art. 225/1. The Authorized Commissioner shall, in a timely manner, address the legal body of administration, if any, through the audit committee if such a committee has been established, a report on important issues arising in the exercise of its legal audit mission, and in particular on significant weaknesses in internal control in the financial reporting process. ".
Art. 25. Section 229 of the Act is replaced by the following:
"Art. 229. § 1er. The resolution authority may exempt credit institutions referred to in Article 239, § 1erobligations under this Chapter.
§ 2. When granting an exemption under subsection 1er, the resolution authority shall apply the requirements of this Chapter on the basis of the overall situation of the central agency and its affiliated credit institutions referred to in section 239.
§ 3. Institutions subject to direct supervision by the European Central Bank under Article 6, paragraphs 4 and 5, (b) of the MSU Regulations or whose activities constitute an important part of the Belgian financial system cannot be exempted under paragraph 1er. For the purposes of this paragraph, the activities of an establishment shall be deemed to constitute an important part of the Belgian financial system if one of the following conditions is met:
1° the total value of its assets exceeds 30.000.000.000 EUR; or
2° the ratio between its total assets and gross domestic product is greater than 20%.
§ 4. The resolution authority may waive the obligations under this Chapter with respect to the content of the resolution plan, the frequency of updating the plan or information to be provided by the credit establishment, to the extent that such an exemption is justified in relation to the impact that the failure and liquidation of the credit establishment under a liquidation procedure are likely to have on the financial markets, on other credit institutions, To this end, the resolution authority takes into account, among other things, the nature of the activities of the credit institution, the structure of its shareholders, its legal form, its risk profile, its size and legal status, its interconnection with other credit institutions or the entire financial system, the scope and complexity of its activities and its possible exercise of services or investment activities."
Art. 26. Section 237 of the Act, of which the current paragraphs will form paragraph 1er, is supplemented by paragraph 2, as follows:
"§2. The supervisory authority shall also inform the resolution authority of the measures taken pursuant to Articles 234 to 236 and the finding of the occurrence of the circumstances referred to in Articles 234, § 1erand 236, § 1er, likely to result in the implementation of the measures provided for in these provisions. ".
Art. 27. Article 280, § 1er, of the same law, the 3° is supplemented by the words ", as long as the essential obligations under the contract, including the obligations of payment and delivery, as well as the provision of a guarantee, continue to be insured".
Art. 28. In section 286 of the Act, subsection 3 is replaced by the following:
§ 3. The provisions of Part VIII shall apply to the provisions of the Financial Security Act of 15 December 2004 and shall have various tax provisions in respect of conventions constituting security rights and loans relating to financial instruments. ".
Art. 29. Section 287 of the Act is replaced by the following:
"Art. 287. § 1er. As long as the essential obligations arising from the contract, including payment and delivery obligations and the provision of a guarantee, continue to be ensured, without prejudice to paragraph 2, the application of the resolution instruments, the exercise of the resolution powers or the taking of any measure referred to in articles 116, § 2, 232, paragraph 2, 234, 235, 236 and 250 in relation to a credit institution, may not, even under a contract, be entered into by that agreement.
1° be considered a failure to perform within the meaning of the above-mentioned Act of 15 December 2004 or as an insolvency proceeding within the meaning of the Act of 28 April 1999 to transpose Directive 98/26/EC of 19 May 1998 concerning the final nature of the regulation in securities payment and transaction systems;
2° allow the exercise of any right to invoke the term, any right of termination, suspension or compensation or to realise any security right on the assets of the credit institution.
Restrictions under paragraph 1er also applies to contracts entered into by affiliates of the credit institution, which include obligations that are guaranteed or otherwise supported by the credit establishment or by an entity of the same group as the credit establishment and contracts entered into by an entity of the group with provisions for cross-ferred defects (cross default).
§ 2. suspension or restriction under Article 280, § 1er does not constitute a breach of a contractual obligation, in particular within the meaning of the aforementioned Act of 15 December 2004, for the purposes of paragraph 1er of this article.
§ 3. The provisions of this Article shall be considered as police laws within the meaning of Article 9 of Regulation (EC) No 593/2008 of the European Parliament and the Council.".
Art. 30. In section 295 of the Act, the 3° is replaced by the following:
"3° where shares, other titles or debt instruments of the credit institution are allowed to negotiate on a regulated market, on the FSMA website; and."
Art. 31. Article 333, § 1er, the same law is supplemented by a 7°, written as follows:
"7° section 59, on the understanding that branch executives are considered to be the steering committee."
Art. 32. Article 335 § 1erthe following amendments are made to the Act:
1° in 2°, the words "Article 55 § 1erParagraph 1er"are replaced by the words "Article 55, paragraph 1er".
2° it is inserted a 3° /1 written as follows:
"3° /1 articles 67 to 71; "
3° it is inserted a 5° /1 written as follows:
"5° /1 Appendix II;".
Art. 33. In paragraph 3 of Article 338 of the Act, the words "324, § 1erParagraph 2, paragraphs 4 and 5, and § 3, are replaced by the words "326, § 1erParagraph 2, paragraphs 4 and 5, and § 3.
Art. 34. In the same Act, an article 379/1 is inserted, which reads as follows:
"Art. 379/1. § 1er. Without prejudice to sections 17 to 21 of the Bankruptcy Act of 8 August 1997, payments, transactions and acts made by a credit institution and payments made to such an institution on the day of its bankrupt declaration, are valid if they precede the time of the declarative bankruptcy judgment or have been made in the ignorance of the bankruptcy of the credit institution.
For the purposes of this paragraph, the establishments responsible for compensation or settlement between payment credit institutions or financial transactions are considered to be credit institutions.
§ 2. The King may extend the application of this section to other categories of financial institutions for transactions and payments that he designates. ".
Art. 35. In the Dutch text of Article 412 of the same Law, the words "artikel 92, § 3 van Verordening nr. 575/2013" are replaced by the words "artikel 92, lid 3 van Verordening nr. 575/2013".
Art. 36. In section 413 and in the title of Section II, Chapter II of Schedule IV of the Act, the words "credit institutions" are replaced by the word "institutions".
Art. 37. In Title III of Book IX of the same Law, an article 420/1 is inserted as follows:
"Art. 420/1. With the expectation of the entry into force of sections 11 to 15 of Schedule IV, it is meant by "the establishment of credit of domestic systemic importance", the credit institutions, the holding financial companies and the mixed holding financial companies that were formerly considered to be systemic institutions by the Bank pursuant to section 36/3, § 2 of the Act of 22 February 1998 as that provision existed just before its amendment by section 64 of the Act.
In addition, pending the entry into force of sections 11 to 15 of Schedule IV, the Bank may consider other credit institutions, holding financial companies and joint holding financial companies as global systemic institutions (ISE)m) or of domestic systemic importance ( domestic EIS), based on the criteria referred to in Articles 13, § 1er and 14, § 1erAppendix IV."
Art. 38. In Title III of Book IX of the same Law, an article 420/2 is inserted as follows:
"Art. 420/2. Up to 1er January 2016, the setting of the base base base fund cushion rate of category 1 countercyclical specific to a credit facility for relevant risk exposures on counterparties in Belgian territory provided for in Article 5 of Appendix IV is a faculty in the head of the Bank. ".
Art. 39. In paragraph 2 of Article 12 of Schedule II of the Act, the words "Article 554, paragraphs 3 and 4" are replaced by the words "Article 554, paragraph 5, ".
Art. 40. In section 2 of Schedule IV of the Act, the words "credit institution" are replaced by the word "establishment".
Art. 41. Section 11 of Schedule IV to the Act is replaced by the following:
a) by "EISm", an institution of global systemic importance referred to in Article 12, paragraph 2 of this Annex;
(b) by "domestic EIS", an institution of domestic systemic importance referred to in Article 12, paragraph 1er of this Annex."
Art. 42. Section 12 of Schedule IV to the Act is replaced by the following:
"Art. 12. The Bank qualifies as "dominant EIS" or "EIS"m", credit institutions, mother financial companies or joint Belgian financial companies whose failure would have a major impact on Belgium and the market and economy of one or more member states respectively, and on the global financial market.
An EISm is a parent credit institution, a parent financial company or a parent joint financial company, which cannot be a subsidiary of a company under the law of a member State, having the same status as a parent credit institution, a parent financial company or a parent financial company.".
Art. 43. In Article 14, § 1erin Appendix IV of the same Act, the words "a business referred to in Article 12 of this Annex shall be qualified" shall be replaced by the words "an establishment referred to in Article 12 of this Annex shall be qualified".
Art. 44. In Article 14, § 2, of Schedule IV to the Act, the words "a qualified business" are replaced by the words "a qualified establishment".
Section 2. - Specific provision
Art. 45. Article 255, § 2, of the Act is supplemented by a paragraph written as follows:
"The depreciation or conversion of debts from a credit institution carried out under the internal bail instrument does not benefit co-debiters or third parties who have constituted personal or real security rights. ".
Art. 46. In the same Act, an article 354/1 is inserted as follows:
"Art. 354/1. The depreciation or conversion of debts of an institution or entity under the law of another State carried out under an instrument of internal bail shall not benefit the co-debiters or third parties who have constituted personal or real rights governed by Belgian law. ".
CHAPTER 2. - Maintenance of the Fund for the Protection of Deposits and Financial Instruments
Art. 47. Section 11 of the Act of 17 December 1998 establishing a Fund for the Protection of Deposits and Financial Instruments and reorganizing systems for the protection of deposits and financial instruments is repealed.
CHAPTER 3. - Amendments to the Economic Law Code for Borrowing Rules to 5 cents
Art. 48. In article VI.2, 10°, of the Economic Law Code, inserted by the law of 21 December 2013 and amended by the law of 15 May 2014, the words "if the consumer pays in cash" are replaced by the words "in accordance with articles VI.7/1 and VI.7/2".
Art. 49. In article VI.7/1 of the same Code, inserted by the law of 15 May 2014, the first dash is replaced by the following:
"- that payment takes place in the simultaneous physical presence of the consumer and the company; ".
Art. 50. In Article VI.7/2 of the same Code, inserted by the Act of 15 May 2014, the following amendments are made:
1° in paragraph 3 the words "for cash payments" are repealed;
2° in paragraph 4 the words "in cash" are repealed.
Art. 51. In article VI.7/3, paragraph 1er, of the same Code, inserted by the law of 15 May 2014, the words "of its debt" are replaced by the words "and the company of their debt".
Art. 52. In Article XIV.3, 9°, of the same Code, inserted by the law of 15 May 2014 and amended by the law of 15 May 2014, the words "if the consumer pays in cash" are replaced by the words "in accordance with Articles XIV.8/1 and XIV.8/2".
Art. 53. In Article XIV.8/1 of the same Code, inserted by the Act of 15 May 2014, the following amendments are made:
1° the first dash is replaced by the following:
"- that payment takes place in the simultaneous physical presence of the consumer and the person exercising a liberal profession,"
2° the third dash is repealed.
Art. 54. In Article XIV.8/2 of the same Code, inserted by the Act of 15 May 2014, the following amendments are made:
1° in paragraph 3 the words "for cash payments" are repealed;
2° in paragraph 4 the words "in cash" are repealed.
Art. 55. In the same Code, an article XIV.8/3 is inserted as follows:
"The payment of the total amount to be paid which is rounded under Article XIV.8/2 frees the consumer and the person exercising a liberal profession of their debt.
By derogation from section 1235 of the Civil Code, the difference between the total amount rounded and paid under section XIV.8/2 and the total amount before the borough cannot be required. ".
CHAPTER 4. - Amendments to the Act of 22 February 1998 establishing the organic status of the National Bank of Belgium
Art. 56. In Article 21ter of the Act of 22 February 1998 establishing the organic status of the National Bank of Belgium, inserted by the law of 25 April 2014, the following amendments are made:
1° in the Dutch text of § 2, 7°, the word "of" is replaced by the word "van";
2° in the same paragraph, the 6° is repealed;
3° a paragraph 2/1 is inserted as follows:
§ 2/1. The President of the Financial Services and Markets Authority attends meetings of the Resolution College with an advisory voice. ";
4° in paragraph 4, 3°, the words "in the head of the members of the Resolution College or" are inserted between the words "measures to prevent any conflict of interest" and the words "between the Resolution College and the other organs and services of the Bank".
Art. 57. In section 26 of the Act, the following amendments are made:
1° in § 1er, paragraph 2, replaced by the Royal Decree of 3 March 2011, itself confirmed by the Act of 3 August 2012, the words "submitted to the control of the Bank under sections 8, 12 or 12 bis" are replaced by the words "submitted to the control of the Bank or in a Belgian or foreign law institution established in Belgium or in a subsidiary of one of these institutions and subject to the control of the European Central Bank"
2° in § 2, replaced by the royal decree of 3 March 2011, itself confirmed by the law of 3 August 2012, and then amended by the law of 25 April 2014, the words ", members of the College of Resolution" are repealed and the words "of an institution subject to the control of the Bank under Articles 8, or 12 bis" are replaced by the words "of an institution subject to the control of the Bank or of a foreign institution".
Art. 58. In section 36/1 of the same law, inserted by the Royal Decree of 3 March 2013, point 22°, inserted by the Royal Decree of 12 November 2013 and renumbered by the law of 25 April 2014, is renumbered in 21° /1.
Art. 59. In Article 36/8 of the same Law, § 1er, inserted by the Royal Decree of 3 March 2011, replaced by the Act of 19 April 2014 and amended by the Act of 25 April 2014, is replaced by the following:
§ 1er. The Sanctions Commission shall rule on the imposition of administrative fines under the laws applicable to the establishments it controls, as well as on the imposition of administrative fines under sections 50/1 and 50/2 of the Act of December 21, 2009 relating to the status of payment institutions and electronic currency institutions, access to the activity of payment service provider, electronic currency issuance activity and access to payment systems.".
Art. 60. In Article 36/14, § 1er, 14°, of the same law, inserted by the Royal Decree of March 3, 2011, the words "the administration of the Treasury" are replaced by the words "the General Administration of the Treasury".
Art. 61. In the same law, the words "the administration of the Cadaster, the Recording and the Domains" are replaced by the words "the General Administration of the Collection and Recovery of the Federal Public Service Finance".
CHAPTER 5. - Amendments to the Act of 21 December 2013 on various tax and financial provisions
Art. 62. In section 114 of the Act of 21 December 2013 on various tax and financial provisions, the last sentence is replaced by the following sentence:
"These are the institutional units that the Institute of National Accounts lists with public sector units and publishes on its website."
Art. 63. In Article 117, paragraph 1er, of the same law, the words "scheduled to section 115" are replaced by the words "scheduled to section 115, paragraph 1er"and the words "seen to article 115" are replaced by the words "seen to article 115, paragraph 1er".
CHAPTER 6. - Amendment of the Corporate Code with respect to exchanges, groupings or shareholders
Art. 64. Section 478 of the Corporate Code, as amended by the Act of 14 December 2005, is supplemented by paragraph 3, as follows:
§ 3. All exchanges, groupings or actions shall take place under the terms and conditions established by the statutes, without prejudice to section 462. In the absence of statutory provisions governing such transactions, such transactions may be authorized by the General Assembly under the conditions referred to in Article 558. ".
CHAPTER 7. - Confirmation of Royal Decrees under the Act of 26 December 2013 on various provisions concerning thematic loans
Art. 65. Confirmed with effect on the date of their respective entry into force:
1. the Royal Decree of 26 February 2014 enforcing Article 9 paragraph 2 of the Law of 26 December 2013 on various provisions concerning the thematic loans establishing the procedure for the application of notice;
2. the Royal Decree of 28 February 2014 carrying out Article 9, paragraph 1er of the Act of 26 December 2013 on various provisions concerning thematic loans establishing eligible projects for funding under a thematic loan;
3. the royal decree of 28 February 2014 amending various royal decrees relating to the annual accounts of certain companies;
4. the Royal Decree of 28 February 2014 establishing the accessibility conditions for private investors within the meaning of Article 4, paragraph 3, g, Article 4, paragraph 4, subparagraph 4, f, and Article 5, paragraph 1er(h) the Act of 26 December 2013 on various provisions relating to thematic loans;
5. the Royal Decree of 26 April 2014 approving the regulations of the Autorité des services et marchés financiers of 15 April 2014 concerning the information to be provided before and periodically by credit institutions and insurance companies in the context of the thematic credit loans.
CHAPTER 8. - Amendment of the Act of 14 December 2005 deleting titles to the holder
Art. 66. In the Act of 14 December 2005 deleting titles to bearers, an article 11/1 is inserted, as follows:
"Art. 11/1. In the sole and sole purpose of complying with the obligations imposed by this Act, the securities manager of the Caisse des Dépôts et Consignations and authorized credit institutions, mandated by this manager, have the authority to use the identification number in the National Register of Physical Persons in order to identify and repay the right holders.".
CHAPTER 9. - Amendment of the Royal Decree of 14 November 2008 implementing the Act of 15 October 2008 on measures to promote financial stability and, in particular, establishing a State guarantee on the credits granted and other transactions carried out in the context of financial stability, with regard to the protection of deposits, life insurance and capital of registered cooperative companies, and amending the Act of 2 August 2002 on financial sector surveillance and services
Art. 67. In the Royal Decree of 14 November 2008 enforcing the Act of 15 October 2008 on measures to promote financial stability, in particular establishing a State guarantee on the credits granted and other transactions carried out in the context of financial stability, with regard to the protection of deposits, insurances on the life and capital of registered cooperative companies, and amending the Act of 2 August 2002 on the supervision of the financial sector and the financial services inserted,
"Art. 4/1. In the sole and sole purpose of complying with the obligations imposed by this Royal Decree, the members referred to in Article 4 have the authority to communicate to the Guarantee Fund the identification number to the National Register of Physical Persons. The Guarantee Fund can use the identification number to identify and repay customers.".
CHAPTER 10. - Amendment of the Act of 2 August 2002
Financial Sector Monitoring and Financial Services
Art. 68. In chapter II, section 8, of the Financial Sector Supervision and Financial Services Act of 2 August 2002, a section 37quinquies read as follows:
"Art. 37quinquies § 1. FSMA assumes the missions that would be vested in a competent authority of a Member State of the European Economic Area by any European legislation that would regulate the indices used as benchmark indices in the framework of instruments and financial contracts (hereinafter referred to as "European benchmark legislation"), and ensures compliance with this European legislation and the provisions made on or in execution of it.
In order to comply with the obligations of the Belgian State under European benchmark legislation, the King may, by a deliberate decree in the Council of Ministers, taken on the advice of the FSMA, take all necessary measures to, as the case may be, implement or transpose this legislation and more generally, to ensure its effective application.
§ 2. The King may, by a deliberative order in the Council of Ministers, take all necessary measures to:
1° to organize in Belgian law a status of administrator providing benchmarks or certain categories of benchmark indexes, and in particular, to arrange an obligation of accreditation relating to the exercise of the activity of providing benchmark indices or certain categories of benchmark indices, to determine the conditions of granting and the procedures of that approval, the obligations inherent in that status with respect to the conditions of exercise of the activity and related
2° to determine specific requirements for contributors to reference indices or certain reference index categories, including in terms of underlying data, methodology, governance, control and mandatory contribution;
3° to establish the control regime and to provide for recovery measures, as well as penalties for failure to comply with the rules defined in this paragraph.
For the purposes of the preceding paragraph, the King may take into account the content of certain provisions of the European benchmark legislation and refer to it in His order, before the date of application provided for in this legislation and with possible modifications.
The rules established pursuant to this paragraph shall cease to be in force on the day before the date of application of European benchmark legislation. Unless the MSDS has withdrawn or suspended, the approvals granted under these rules nevertheless remain valid until the MSDS decides to approve or refuse an application for registration or registration in the Register introduced on the basis of a transitional provision of the European benchmark legislation.
§ 3. Decisions taken pursuant to paragraphs 1er and 2 may amend, supplement, replace or repeal existing legal provisions. This applies in particular to the Financial Sector Supervision and Financial Services Act of 2 August 2002. To the extent that these orders amend, supplement, replace or repeal legal provisions, they are deemed to have never produced effects if they have not been confirmed by law within two years of the date of their entry into force. Confirmation produces its effects on the effective date of the Orders. The powers granted to the King by this paragraph expire 31 December 2016.
§ 4. FSMA shall ensure compliance with the rules established pursuant to this Article.
CHAPTER 11. - Amendments to the Law of 11 May 1995 on the Implementation of the Decisions of the Security Council of the United Nations
Art. 69. In the Act of 11 May 1995 on the implementation of the decisions of the Security Council of the United Nations, an article 1/1 is inserted as follows:
"Art. 1/1. With a view to the immediate implementation of the financial sanctions referred to in the resolutions adopted by the Security Council under Chapter VII of the Charter of the United Nations and without prejudice to the specific restrictive measures taken under the Regulations of the Council of the European Union, the Minister of Finance, after consultation with the competent judicial authority, may decide to freeze all or in part the assets and other financial means of the persons, entities and groups referred to in the resolutions. This covers the period from the entry into force of the resolutions until the resolutions and lists of persons, entities and groups established in accordance with the resolutions, including each amendment, are transposed into European law.".
Art. 70. In the same law, an article 1/2 is inserted as follows:
"Art. 1/2. The Minister of Finance is competent for the organization and adoption of each measure that is intended to ensure the execution of section 1/1, in particular the advertisement of the lists of persons, entities and groups referred to in accordance with the resolutions adopted by the United Nations. ".
Art. 71. In section 3 of the Act, the following amendments are made:
1° to paragraph 1er, the words "and the Minister of Finance" are inserted between the words "the King" and the words "will take under this Act."
2° to paragraph 1er, the word "take" is replaced by the word "take";
3° in paragraph 2, the words "and the Minister of Finance" are inserted between the words "The King" and the words "notifies immediately to";
4° in paragraph 2, the word "notifies" is replaced by the word "notifies".
PART 3. - Creation of an administrative department with autonomous accounting "social activities"
UNIC CHAPTER. - Creation of the self-accounting administrative department "Social activities" responsible for organizing the activities of the restaurant and the Crèche of the SPF Foreign Affairs, Foreign Trade and Development Cooperation
Art. 72. An administrative department with autonomous accounting "Social activities" is established, in accordance with Article 77 of the Act of 22 May 2003, which organizes the budget and accounting of the federal state, for the management of the restaurant and the nursery of the SPF Foreign Affairs, Foreign Trade and Development Cooperation.
The King is responsible for the execution of this article.
PART 4. - Gender equality provision
UNIC CHAPTER. - Amendment of the Act of 16 December 2002 establishing the Institute for Gender Equality
Art. 73. In article 4, paragraph 1er, 4°, of the law of 16 December 2002 establishing the Institute for the Equality of Women and Men, the words "women and men" are each replaced by the words "genders".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 December 2015.
PHILIPPE
By the King:
Minister of Finance,
J. VAN OVERTVELDT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 54 - 1459