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)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015003464&caller=list&article_lang=F&row_id=100&numero=153&pub_date=2015-12-29&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-12-29 Numac: 2015003464 SERVICE PUBLIC FÉDÉRAL FINANCES 18 December 2015. -Law concerning financial various provisions, on the creation of an administrative unit to standalone compatibility 'Social activities' and on a provision on equality between women and men (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: title 1. -Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
TITLE 2. -Financial provisions Chapter 1. -Changes of status and control of Section 1st credit institutions act of April 25, 2014. -Provisions various arts.
2. at section 3 of the Act of April 25, 2014 to the status and control of credit institutions, the following changes are made: 1 ° there shall be inserted a 10 ° as follows 1: "10 ° 1 Regulation No. 806/2014, Regulation (EU) No. 806/2014 of the European Parliament and of the Council of July 15, 2014 establishing uniform rules and a procedure for the resolution of certain investment firms and credit institutions in the framework of a single resolution and a single bank resolution Fund, mechanism and amending Regulation (EU) no 1093/2010; ";
2 ° it is inserted a 10 ° 2 as follows: "10 ° 2 Council of single resolution, the Council established by article 42 of Regulation No. 806/2014;";
3 ° it is inserted a 27 ° 1 worded as follows: "27 ° 1 relatives: spouses, partners who, according to their national law, are considered to be the equivalent of a spouse and the parents in the first degree;";
4 ° 52 ° is replaced by the following: "52 ° resolution authority: the Bank or the Council's sole resolution, according to the distribution of powers laid down by or pursuant to the Regulation (EU) No. 806/2014 of the European Parliament and of the Council of July 15, 2014 establishing rules and procedures uniform for the resolution of settlements of credit and certain investment firms under a single resolution and a bank resolution Fund mechanism" unique, and amending the Regulation (EU) no 1093/2010; "."
S. 3. in article 3, 29 °, and article 13, § 1, of Schedule IV to the Act, "credit institution" shall each time be replaced by the word "establishment".
S. 4. in article 24 of the Act, paragraph 3 is replaced by the following: "§ § 3 3" The function of Chairman of the Board of Directors is performed by a person who is not a member of the Executive Committee. "."
S. 5. in article 25 of the same Act, paragraph 3 is replaced by the following: "§ § 3 3" The Chairman of the statutory governing body function is performed by a person who is not a member of the Executive Committee. "."
S. 6. in article 26, paragraph 2, 3 °, of the Act, the words "president of the Executive Committee" shall be replaced by the words "member of the Steering Committee".
S. 7 A section 46 of the Act, the words "article 17" are replaced by the words "articles 9 and 18".
S. 8A section 52 of the Act, the following amendments are made: 1 ° in the paragraph 1, the words "article 17" are replaced by the words "articles 9 and 18";
2 ° in paragraph 3, the words "in accordance with article 48, paragraph 2" shall be replaced by the words "in accordance with article 46, paragraph 2.".
S. 9A section 54 of the Act, replaced by article 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 in Gebruik door de voornoemde stativet.".
S. 10A article 56, § 1, of the Act, the words ", including the provisions of specific organization referred to in sub-section V of Section VI of chapter II of title I,"shall be inserted between the words "article 21"and the words "and their conformity".
S. 11A section 59 of the Act, the following amendments are made: 1 ° paragraph 1 is supplemented by the words ", including the provisions of specific organization referred to in sub-section V of Section VI of chapter II of title I.";
2 ° in paragraph 2, the words ", including the specific provisions referred to in sub-section V of Section VI of chapter II of title I," shall be inserted between the words "article 21" and the words "and the measures taken".
S. 12A section 62 of the Act, the following amendments are made: 1 ° in paragraph 5, "external functions referred to in paragraph 2 in other commercial companies" shall be 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 6" The members of the Committee of management or, in the absence of Management Committee, people involved in the effective management of the credit institution cannot exercise a mandate with a participation in the day-to-day management only if it is a company referred to in article 89, paragraph 1, of the Regulation n ° 575/2013, with which the credit institution has close links of an undertaking for collective investment in statutory form within the meaning of the law of August 3, 2012 on undertakings for collective investment meets the conditions of directive 2009/65/EC, organizations investment in debt claims, or a heritage society in which such persons or relatives hold a significant interest. In addition, and without prejudice to paragraphs 1 and 3, where the credit institution is significant 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 credit institution, are limited to two mandates cannot involve a participation in the day-to-day except in the event where the mandate within the credit institution is exercised in representation of a Member State. ";
3 ° to operative paragraph 7, the words "paragraphs 5 and 6" shall be replaced by the words "paragraph 5, second sentence, and paragraph 6, second sentence";
4 ° in the 1st paragraph of paragraph 9, the words "of the Group of which a company has a close relationship with the credit institution or its parent undertaking" are replaced by the words "other group";
5 ° article 3 paragraph 9 is replaced by the following: "For the purposes of this section, the supervisory authority may check using articles whether or not external functions are exercised in commercial companies, particularly as regards external functions in heritage societies.".
S. 13A article 72, § 1, of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "credit institutions cannot consent, directly or indirectly, loans, credits or guarantees: 1 ° members of their legal administration Board and the members of their Committee of direction or, in the absence of Executive Committee" persons responsible for the effective management;
2 ° to the persons referred to in article 9 as well as members of their various bodies and individuals involved in their effective management;
3 ° to the companies or institutions in which persons referred to in 1 ° hold a qualified participation or perform a function referred to in 1 °;
4 ° to the relatives of the persons referred to in 1 °. ";
2 ° the subsection is supplemented by a paragraph 4, as follows: "notifications to the body of legal authority and the authority referred to in paragraphs 1 and 2 shall not take place if all loans, credits or guarantees granted to an individual, a company or an institution does not exceed the amount of € 100,000.".
S.
14. article 90 of the Act is supplemented by a paragraph worded as follows: "this article is applicable to the exercise of activities in a third country.".
S. 15. in section 95 of the Act, "part II, title 2, Chapter 2 of Regulation No. 575/2013" shall be replaced by the words "part I, title 2, Chapter 2 of Regulation No. 575/2013".
S. 16. in article 96, § 1, 3 °, of the Act, "credit institution" shall be replaced by the word "establishment".
S. 17. in section 96 of the Act, paragraph 3 is replaced by the following: "§ § 3 3" A parent credit institution, a parent financial holding company under Belgian law or a parent mixed financial company under Belgian law, on consolidated basis, that is both subject to a cushion of equity basis of category 1 requirement for establishment of global systemic importance (EISm) and a cushion of equity basis of category 1 requirement for establishment of domestic systemically important (domestic EIS) in accordance with articles 13 and 14 of annex IV , is required to meet only the highest requirement. "."
S. 18. in section 96 of the Act, paragraph 4 is replaced by the following: "§ § 4 4" A parent credit institution, a parent financial holding company under Belgian law or a parent mixed financial company under Belgian law, on consolidated basis, that is both subject to the requirement referred to in paragraph 3 and a 1 for systemic or macro-prudential risk category core capital cushion requirement

in accordance with sections 16 to 22 of annex IV, is required to meet only the highest requirement. "."
S.
19. in article 96, § 5, of the Act, "category core capital cushion requirement 1 for credit for domestic systemically important institution" shall be replaced with the words "category core capital cushion requirement 1 for domestic systemically important institution".
S. 20. in section 96 of the Act, paragraph 6 is replaced by the following: "§ § 6 6" Where a credit institution, a financial holding company parent of Belgian law or a mixed financial parent under Belgian law, is part of a group or a subgroup which is part of a global systemically important institution (EISm) or an establishment of domestic systemically important (domestic EIS), the overall category core capital cushion requirement 1 referred to in paragraph 1 for this establishment cannot be less than the sum :-the requirements of the cushion of conservation of the equity basis of category 1 of annex IV referred to in article 1;
-requirements of the category basic own funds cushion 1 counter-cyclical specific to the establishment, referred to in articles 3 to 10 of annex IV;
-the amount resulting from the requirements of cushion in own funds of category 1 for institution-based systemically important domestic (household EIS), provided for in article 14 of annex IV and the requirements of cushion of core capital of category 1 for systemic or macro-prudential risk, referred to in articles 16 to 22 of annex IV, as laid down in paragraph 5 , which are applicable on individual basis and, where appropriate, on sub‐consolidated basis. "."
S. 21. in section 112 of the Act, the word "accurate" is replaced by the words "may indicate".
S. 22. article 113 of the Act is replaced by the following: 'article 113 § 1. The supervisory authority may exempt the following institutions from the obligations under this Section: 1 ° the members of a system of institutional protection institutions, understood as a system of mutual guarantees established on a voluntary basis by certain credit institutions;
2 ° credit institutions referred to in article 239, § 1.
§ 2. When it grants an exemption pursuant to paragraph 1, the supervisory authority shall apply the requirements laid down in this Section on the basis of the overall situation, respectively, of the system of institutional protection and free membership, or central agency and its affiliated credit referred to in article 239 institutions.
§ 3. The facilities subject to the direct supervision of the European Central Bank under article 6, paragraphs 4 and 5, b), regulation MSU or institutions whose activities are an important part of the Belgian financial system cannot be exempted under paragraph 1. For the purposes of this paragraph, the activities of an establishment are deemed constitute a significant part of the Belgian financial system if one of the following conditions is met: 1 ° the total value of its assets exceed EUR 30,000,000,000. or 2 ° the ratio between its total assets and gross domestic product is more than 20%.
§ 4. The supervisory authority may authorise a credit institution to derogate from the obligations of this Section regarding content of the reorganization plan, frequency of updating of the plan or information to be provided by the credit institution as well as to the period specified in article 114, paragraph 2, or article 416, to the extent where such derogation is justified with regard to the impact that the failure and liquidation of credit proceedings institution of liquidation are likely to have on the financial markets, on to other credit institutions, on financing conditions or, more generally, on the economy. To this effect, the supervisory authority takes into account inter alia the nature of the activities of the credit institution, of its shareholding structure, its legal form, its risk profile, its size and its legal status, its interconnection with other credit institutions or the financial system, the scope and the complexity of its activities and its possible services or investment activities exercise.
The supervisory authority may at any time withdraw the benefit of a derogation granted in accordance with paragraph 1. It assesses the need and the opportunity to maintain the derogations granted at least once per year and after a change in the legal or organizational structure, activities or the financial situation of the credit institution concerned.
§ 5. The derogations granted pursuant to paragraph 4 may under no circumstances wear on the requirements for progressive scale of thresholds for the proportion of the encumbered assets, such as referred to in article 110, paragraph 2, subparagraphs 2 and 3. '. "
S. 23 A section 212 of the Act, the words "62, §§ 1-4, § 5, first sentence, and §§ 6-8," are replaced by the words ' 62, §§ 1-4, § 5, first sentence, and §§ 6-9, ".
S. 24. in the same Act, it is inserted an article 225/1, as follows: "article
225/1. Authorized Commissioner address in a timely manner to the legal governing body, where applicable through the audit committee if such a Committee has been established, a report on the important issues emerged in the exercise of his mission of legal control of the accounts, and in particular the significant weaknesses of oversight with regard to the financial reporting process. "."
S.
25. article 229 of the Act is replaced by the following: 'article 229 § 1.
The resolution authority may exempt credit institutions referred to in article 239, § 1, of obligations laid down in this chapter.
§ 2. When it grants an exemption pursuant to paragraph 1, the authority of resolution shall apply the requirements laid down in this chapter based on the overall situation of the central body and its affiliated credit institutions referred to in article 239.
§ 3. The facilities subject to the direct supervision of the European Central Bank under article 6, paragraphs 4 and 5, b) Regulation MSU or whose activities are an important part of the Belgian financial system cannot be exempted under paragraph 1. For the purposes of this paragraph, the activities of an establishment are deemed constitute a significant part of the Belgian financial system if one of the following conditions is met: 1 ° the total value of its assets exceed EUR 30,000,000,000. or 2 ° the ratio between its total assets and gross domestic product is more than 20%.
§
4. The resolution authority may derogate from the obligations under this chapter in the content of the resolution plan, frequency of updating of the plan or information to be provided by the credit institution, insofar as such a derogation is justified with regard to the impact that the failure and liquidation of the credit as part of winding-up proceedings institution are likely to have on the financial markets on other credit institutions on financing conditions or, more generally, on the economy. To this effect, the authority of resolution takes into account inter alia the nature of the activities of the credit institution, of its shareholding structure, its legal form, its risk profile, its size and its legal status, its interconnection with other credit institutions or the financial system, the scope and the complexity of its activities and its possible services or investment activities exercise. "."
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26. article 237 of the Act, whose current paragraphs form paragraph 1, is supplemented by a paragraph 2, to read as follows: "§ § 2 2" The supervisory authority shall inform also the authority of resolution of the measures taken in application of articles 234 to 236 as well as of the report of the occurrence of the circumstances referred to in articles 234, § 1, and 236, § 1, likely to give rise to the application of the measures provided for in those provisions. "."
S. 27A article 280, § 1, of the same law, the 3rd is supplemented by the words ", insofar as the contract obligations, including payment and delivery, as well as the provision of a guarantee, obligations continue to be insured".
S. 28 article 286 of the Act, paragraph 3 is replaced by the following: "§ § 3 3" The provisions of title VIII shall prevail over the provisions of the law of 15 December 2004 on secured financial and tax provisions in the constituent agreements of security and loans relating to financial instruments. "."
S.
29. article 287 of the Act is replaced by the following: 'article 287 § 1.
As far as the obligations arising from the contract, including the payment and delivery obligations and the provision of a guarantee, continue to be insured, and without prejudice to paragraph 2, the application of instruments of resolution, the exercise of the powers of resolution or the taking of any measure referred to in articles 116, § 2, 232, paragraph 2, 234, 235, 236 and 250 in connection with a credit institution , cannot, even under a contract entered into by that credit institution, 1 ° be regarded as a failure of performance within the meaning of the above-mentioned Act of 15 December 2004 or as a

insolvency proceedings within the meaning of the law of 28 April 1999 aimed to transpose Directive 98/26/EC of 19 May 1998 on settlement finality of regulation in securities transactions and payment systems;
2 ° to exercise any right to invoke forfeiture of the term, any right of termination, suspension or compensation or realize any security interest over the assets of the credit institution.
The restrictions laid down in paragraph 1 shall also apply to contracts entered into by subsidiaries of the credit institution, which include bonds that are guaranteed or otherwise supported by the credit institution or by an entity of the same group as the credit institution and to contracts concluded by a group entity with provisions related to defects Cross (cross default).
§ 2. A suspension or restriction on the basis of article 280, § 1 does not constitute a failure to perform a contractual obligation, in particular within the meaning of the above-mentioned Act of 15 December 2004, for the purposes of paragraph 1 of this article.
§ 3. The provisions of this section are considered to be of mandatory rules within the meaning of article 9 of Regulation (EC) no 593/2008 of the European Parliament and of the Council. "."
S. 30. in article 295 of the same Act, the 3rd is replaced by the following: "3 ° when the shares, other titles or the credit institution debt instruments are admitted to trading on a regulated market, on the website of the FSMA;" and".
S. 31. article 333, § 1, of the same law is completed with a 7 °, as follows: "7 ° article 59, being understood that the leaders of the branch are considered Executive Committee.".
S. 32A article 335, § 1, of the Act, the following amendments are made: 1 ° 2 °, the words "article 55, § 1, paragraph 1" are replaced by the words "article 55, paragraph 1".
2 ° it is inserted a 3 ° 1 worded as follows: "3 ° 1 articles 67 to 71;"
3 ° it is inserted a 5 ° 1 worded as follows: "5 ° 1 the annex II;".
S. 33A paragraph 3 of section 338 of the Act, the words "324, § 1, paragraph 2, § 2, paragraphs 4 and 5, and § 3" are replaced by the words "326, § 1, paragraph 2, § 2, paragraphs 4 and 5, and § 3".
S. 34. in the same Act, it is inserted a section 379/1, as follows: "article
379/1. § 1. Without prejudice to articles 17 to 21 of the law of 8 August 1997 on bankruptcy, payments, transactions and acts performed by a credit institution and payments made to such institution the day of his statement in bankruptcy, are valid if they precede the time of the judgement declaring the bankruptcy or if they were made in ignorance of the bankruptcy of the credit institution.
For the purposes of this paragraph, responsible institutions compensation or the settlement between credit payments or financial institutions are assimilated to credit institutions.
§ 2. The King may, for operations and payments which it designates, extend the application of this article to other categories of financial institutions. "."
S. 35. in the Dutch text of article 412 of the Act, the words "artikel 92, § 3, van Verordening nr. 575/2013 "shall be replaced by the words"artikel 92, lid 3 van Verordening nr. 575/2013 ".
S. 36. in article 413 and in the title of Section II, chapter II of annex IV of the Act, the words "credit institutions" are each time replaced by the word "facilities".
S. 37. in title III of book IX of the Act, it is inserted an article 420/1 as follows: "article 420/1. Pending the entry into force of articles 11 to 15 of annex IV, "credit for domestic systemically important institution", means credit institutions, the companies financial holding and the companies financial mixed holding, which were formerly considered as being systemic settlements by the Bank in implementation of article 36/3, § 2 of the law of 22 February 1998 such as this provision read immediately before its amendment by article 64 of the law of 25 April 2014 with various provisions.
In addition, still pending the entry into force of articles 11 to 15 of annex IV, the Bank may consider other credit institutions, financial companies holding and companies mixed as holding financial institutions global systemically important (EISm) or systemically important domestic (household EIS), based on the criteria referred to respectively in articles 13, § 1 and 14 , § 1, of annex IV. "."
S.
38. in title III of book IX of the Act, it is inserted a section 420/2 as follows: "article
420/2. Until January 1, 2016, the fixing of the rate of seat cushion core capital of category 1 counter-cyclical specific to a credit institution for exposures to risk relevant counterparties established on Belgian territory provided for in article 5 of annex IV is a faculty in the head of the Bank. "."
S. 39 paragraph 2 of article 12 of annex II of the Act, the words "article 554, paragraphs 3 and 4" shall be replaced by the words "article 554, paragraph 5".
S. 40. in section 2 of Schedule IV to the Act, the words "credit institution" shall be replaced by the word "establishment".
S. 41. article 11 of annex IV of the Act is replaced by the following: has) by "EISm", a global systemically important institution referred to in article 12, paragraph 2 of this annex;
(b) "EIS household", a domestic systemically important institution referred to in article 12, paragraph 1 of the present annex ".
S. 42. article 12 of annex IV of the Act is replaced by the following: 'article 12. the Bank calls "Domestic EIS" or "EISm", credit institutions, mothers financial companies or financial companies mixed mothers under Belgian law whose failure would have a major impact respectively on the Belgium and the market and the economy of one or more Member States, and on the global financial market.
An EISm is a parent credit institution, a parent financial holding company or a mixed financial parent, which cannot be a subsidiary of a company governed by the law of a Member State, having the quality of parent credit institution, financial holding company parent or parent mixed financial holding company. "."
S. 43. in article 14, § 1, of annex IV of the Act, the words "an undertaking referred to in article 12 of this annex must be classified as" are replaced by the words "an institution referred to in article 12 of this annex must be qualified".
S.
44. in article 14, § 2, of Schedule IV to the Act, "qualified company" shall be replaced by the words "an establishment qualified".
Section 2. -Provision specific lease-in art. 45. article 255, § 2, of the same Act is supplemented by a paragraph worded as follows: "the write-down or conversion of debts of a credit institution in accordance with the instrument of internal bailout does not benefit the co-debtors or third parties who have been personal or actual security.".
S. 46. in the same Act, it is inserted an article 354/1 as follows: "article 354/1. The depreciation or the conversion of debts of a facility or entity governed by the law of another State pursuant to an instrument of internal bailout does not benefit the co-debtors or third parties who have been personal or actual companies governed by Belgian law. "."
CHAPTER 2. -Day-to-day management of the Fund for protection of deposits and financial instruments art. 47. article 11 of the law of 17 December 1998 creating a Fund for the protection of deposits and financial instruments and reorganizing the systems of protection of deposits and financial instruments, is repealed.
CHAPTER 3. -Changes of the Code of economic law of rounding off at 5 cents s. 48. in article VI.2, 10 °, the Code of economic law, inserted by the law of December 21, 2013 and amended by the law of May 15, 2014, "if consumers pay cash" shall be replaced by the words "in accordance with articles VI.7/1 and VI.7/2".
S. 49. in section VI.7/1 of the same Code, inserted by the law of May 15, 2014, the first indent is replaced by the following: "-the payment to take place in the simultaneous physical presence of the consumer and the company;".
S. 50. in section VI.7/2 of the same Code, inserted by the law of May 15, 2014, the following changes are made: 1 ° in paragraph 3 the words "cash payments" are repealed;
2 ° in paragraph 4 the words "cash" are repealed.
S. 51. in section VI.7/3, paragraph 1, of the same Code, inserted by the law of May 15, 2014, the words "debt" are replaced by the words "and the company's debt".
S. 52. in article XIV.3, 9 °, of the same Code, inserted by the law of May 15, 2014 and amended by the law of May 15, 2014, "if consumers pay cash" shall be replaced by the words "in accordance with articles XIV.8/1 and XIV.8/2".
S. 53. in article XIV.8/1 of the same Code inserted by the law of May 15, 2014, the following changes are made: 1 ° the first indent is replaced by the following: "-the payment to take place in the simultaneous physical presence of the consumer and the person exercising a liberal profession";
2 ° the third indent is hereby repealed.
S. 54. in article XIV.8/2 of the same Code inserted by the law of May 15, 2014, the following changes are made:

1 ° in paragraph 3 the words "cash payments" are repealed;
2 ° in paragraph 4 the words "cash" are repealed.
S. 55. in the same Code it is inserted an article XIV.8/3 as follows: "the payment of the total amount to pay which is rounded in accordance with article XIV.8/2, releases the consumer and the person exercising a liberal profession of their debt.
By way of derogation from article 1235 of the civil Code, the difference between the total amount rounded up and paid pursuant to article XIV.8/2, and the total amount before the borough may not be required. "."
CHAPTER 4. -Amendments to the law of 22 February 1998 establishing the Organic Statute of the National Bank of Belgium art. 56. in article 21B of the law of 22 February 1998 establishing the Organic Statute of the National Bank of Belgium, inserted by the Act of April 25, 2014, the following changes 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 6th is repealed.;
3 ° a 2/1 paragraph is added worded as follows: "§ 2/1. The President of the authority of financial markets and services attends the meetings of the College of resolution advisory. ";
4 ° in paragraph 4, 3 °, the words "on the part of the members of the College of resolution or" shall be inserted between the words "measures to prevent any conflict of interest" and the words "between the College of resolution and other bodies and services of the Bank".
S. 57. in article 26 of the Act, the following amendments are made: 1 ° in the § 1, paragraph 2, replaced by the royal decree of 3 March 2011, himself confirmed by the law of August 3, 2012, "subject to the control of the Bank by virtue of articles 8, 12 or 12A" shall be replaced by the words "subject to the control of the Bank or in an institution under Belgian law or foreign law established in Belgium or in one subsidiary of one of these establishments and subject to the control of the European Central Bank';
2 ° in § 2, replaced by the royal decree of March 3, 2011, himself confirmed by the law of August 3, 2012, and subsequently amended by the Act of April 25, 2014, the words ", the members of the College of resolution" are repealed and the words "of an institution subject to the control of the Bank under sections 8, or 12bis" are replaced by the words "an institution subject to the control of the Bank or institution under Belgian law or" foreign law established in Belgium or in a subsidiary of one of these establishments and subject to the control of the European Central Bank".
S. 58. in article 36/1 of the same Act, inserted by the royal decree of March 3, 2013, point 22 °, inserted by the royal decree of 12 November 2013 and renumbered by Act of April 25, 2014, is renumbered as 21 ° 1.
S. 59. in article 36/8 of the same Act, the § 1, inserted by the royal decree of 3 March 2011, replaced by the law of April 19, 2014 and amended by the Act of April 25, 2014, is replaced by the following: "§ 1." The sanctions Committee decide on the imposition of administrative fines provided for by the laws applicable to institutions it controls as well as the imposition of administrative fines provided for in articles 50/1 and 50/2 of the law of December 21, 2009 relating to the status of payment institutions and electronic money institutions, the access to the activity of payment service provider the activity of issuing electronic money and payment systems access. "."
S. 60. in article 36/14, § 1, 14 °, of the same Act, inserted by the royal decree of March 3, 2011, "the administration of the Treasury" shall be replaced by the words "the General Administration of the Treasury".
S. 61. in the same law, "administration of the Cadastre, registration and domains" are each time replaced by the words "the General authority of perception and the recovery of the federal public service finance".
CHAPTER 5. -Amendments to the Act of 21 December 2013 on tax and financial provisions of various arts.
62 A section 114 of the Act of December 21, 2013 bearing of the tax provisions and various financial, the last sentence is replaced by the following sentence: "are concerned, the institutional units of the national accounts Institute registered on a list with public sector units and that it publishes on its web site.".
S. 63. in article 117, paragraph 1, of the Act, "prescribed in article 115" shall be replaced by the words "laid down in article 115, paragraph 1" and "referred to in article 115" shall be replaced by the words "referred to in article 115, paragraph 1".
CHAPTER 6. -Amendment of the Code of corporations with respect to trade groupings or divisions of shares art. 64. article 478 of the Code of companies, amended by the law of 14 December 2005, is supplemented by paragraph 3, reading as follows: "§ § 3 3" All exchanges, groupings or divisions of shares take place under the conditions and in the manner laid down by the Statute, without prejudice to article 462. Absence of statutory provisions governing these operations, they may be authorized by the General Assembly under the conditions referred to in article 558 "."
CHAPTER 7. -Confirmation of decrees taken in application of the law of 26 December 2013 containing various provisions concerning thematic loans-citizen article
65 are confirmed with effect from the date of their respective commencement: 1. the royal decree of 26 February 2014 implementing article 9 paragraph 2 of the law of 26 December 2013 containing various provisions concerning thematic loans-citizens laying down the procedure for requesting prior notice;
2. the royal decree of February 28, 2014, implementing article 9, paragraph 1 of the law of 26 December 2013 containing various provisions concerning thematic loans-citizens establishing projects eligible for funding under a loan-citizens theme;
3. the royal decree of February 28, 2014 amending various Royal Decrees relating to the annual accounts of certain companies;
4. the royal decree of February 28, 2014, laying down the conditions of access for individual investors within the meaning of article 4, paragraph 3, g, of article 4, paragraph 4, (f), and article 5, paragraph 1, h, of the law of 26 December 2013 laying down various provisions thematic loans-citizens;
5. the royal decree of April 26, 2014, on approval of the regulations of the authority of the financial services and markets from April 15, 2014, concerning information to provide and periodically by credit institutions and insurance in the context of thematic loans-citizen companies.
CHAPTER 8. -Amendment of the law of 14 December 2005 abolishing bearer article titles 66. in the law of 14 December 2005 abolishing bearer securities, it is inserted an article 11/1, as follows: "article
11/1. For the single purpose of the obligations imposed by this Act, the Manager of securities of Caisse des Dépôts et Consignations and of authorised credit institutions, authorised by this Manager, have the authority to use the identification number in the national register of natural persons to identify rightsholders and repay. "."
CHAPTER 9. -Modification of the royal decree of 14 November 2008 implementing the law of 15 October 2008 on measures promoting financial stability and establishing in particular an on the credits granted State guarantee and other operations carried out in the context of financial stability, in relation to the protection of deposits, insurance on the life and the capital of approved co-operative companies , and amending the law of 2 August 2002 on the supervision of the financial sector and financial services s. 67. in the royal decree of 14 November 2008 implementing the law of 15 October 2008 on measures promoting financial stability and in particular establishing a State guarantee on loans granted and other operations carried out in the context of financial stability, in what concerns the protection of deposits, life insurance and the capital of approved co-operative companies , and amending the law of 2 August 2002 on the supervision of the financial sector and financial services, it is inserted an article 4/1, as follows: "article
4/1. With the single aim to comply with the obligations imposed by this royal order, the members referred to in article 4 have permission to communicate to the guarantee fund the identification number in the national register of natural persons. The guarantee fund may use the identification number to identify the customers and repay. "."
CHAPTER 10. -Amendment of the Act of 2 August 2002 on the supervision of the financial sector and financial services s.
68. in chapter II, section 8, of the Act of 2 August 2002 on the supervision of the financial sector and financial services, it is inserted an article 37quinquies as follows: "article 37quinquies § 1. The FSMA assumes the tasks which would be entrusted to a competent authority of a Member State of the economic area European by any European legislation which would regulate used indices as benchmarks through instruments and financial contracts (hereinafter "legislation European benchmark '), and ensures compliance with European legislation and the arrangements on the basis or enforced.
In order to meet the obligations of the State

Belgian under European law benchmark, the King may, by an order deliberate in Council of Ministers, made on the advice of the FSMA, take all appropriate measures to, as appropriate, implement or transpose this legislation and more generally, to ensure effective enforcement.
§
2. The King may, by an order deliberate in Council of Ministers, made on the advice of the FSMA, take all appropriate measures with a view: 1 ° to organize in Belgian law the status of administrator providing benchmarks or certain categories of indices of reference and, in particular, organize an obligation of approval relating to the exercise of the activity of to provide benchmarks or certain categories of benchmarks determine the conditions and procedures of this approval, the obligations inherent in this status on conditions for the exercise of the activity and for the quality of the underlying data taken into account by the administrator;
2 ° to determine specific requirements for contributors to indices of references or to certain categories of benchmark indices, in which include data underlying, method, governance, control and mandatory contributions
3 ° to fix the control regime and provide corrective action, call, as well as sanctions for breach of the rules laid down in pursuance of this paragraph.
For the purposes of the preceding paragraph, the King may take into account the contents of certain provisions of legislation European benchmark and refer to it in its order, and before the date of application provided for in this legislation and with possible adaptations.
The rules established pursuant to this paragraph shall cease to be in force the day before the date of application of the legislation European benchmark. Unless the FSMA have completed their withdrawal or suspension, approvals granted under these rules shall nevertheless remain valid until the FSMA decides to approve or deny an application for accreditation or registration to register introduced on the basis of a transitional provision of the legislation European benchmark.
§ 3. The orders made pursuant to paragraphs 1 and 2 may change, Supplement, replace or repeal the legal provisions in force. This applies in particular to act of 2 August 2002 on the supervision of the financial sector and financial services. Insofar as these orders amend, Supplement, replace or repeal legal provisions, they shall be deemed having never produces effects if they were not confirmed by the law within two years from the date of their entry into force. Confirmation is effective on the date of entry into force of orders. The powers granted to the King by this subsection shall expire on December 31, 2016.
§ 4. The FSMA ensures compliance with the rules established pursuant to this section.
CHAPTER 11. -Amendments to the law of 11 May 1995 relating to the implementation of the decisions of the Security Council of the United Nations art. 69. in the Act of 11 May 1995 in implementing the decisions of the Organization of the United Nations Security Council, it is inserted an article 1/1 as follows: "article 1/1. For an immediate implementation of financial sanctions covered by the resolutions adopted by the Security Council of the United Nations under Chapter VII of the Charter of the United Nations, and without prejudice to the specific restrictive measures in accordance with the regulations of the Council of the Union European, the Minister of finance after consultation with the competent judicial authority , may decide to freeze all or in part of assets and other financial resources of persons, entities and groups referred to in the resolutions. This covers the period from the effective date of the resolutions until where the resolutions and the list of persons, entities and groups established in accordance with the resolutions, including every change, are transposed into European law. "."
S. 70. in the same Act, it is inserted a section 1/2 as follows: "article 1/2. The Minister of finance is responsible for the Organization and the adoption of every measure which aims to ensure the implementation of article 1/1, in particular the publicity of the lists of persons and entities thereof referred in accordance with the resolutions adopted by the United Nations. "."
S. 71. in section 3 of the Act, the following changes are made: 1 ° to the paragraph 1, the words "and Finance Minister" are inserted between the words "the King" and the words "take under this Act.";
2 ° to paragraph 1, the word "take" is replaced by the word "consider";
3 ° to paragraph 2, the words "and the Minister of finance" shall be inserted between the words "The King" and the words "shall notify immediately to the";
4 ° to paragraph 2, the word "notify" is replaced by the word "notify".
TITLE 3. -Creation of an administrative service self-accounting 'social activities' chapter one. -Creation of the administrative accounting autonomous 'social activities' service for the organisation of foreign operations of the restaurant and the crib of the FPS Affairs, foreign trade and Cooperation to the development art. 72. an administrative service self-accounting 'Social activities' is created, in accordance with article 77 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State for the management of the restaurant and the crib of the FPS Affairs foreign, foreign trade and Development Cooperation.
The King is responsible for the implementation of this article.
TITLE 4. -Provision on equality between women and men chapter UNIQUE. -Amendment of the law of 16 December 2002 establishing the Institute for equality of women and men article 73. in article 4, paragraph 1, 4 °, of the law of 16 December 2002 establishing the Institute for equality of women and men, the words "women and men" are each time replaced by the word "gender".
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on 18 December 2015.
PHILIPPE by the King: the Minister of finance, J. VAN OVERTVELDT sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be): Documents: 54-1459