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Act Amending The Code Of Economic Law And Introducing Various Other Amending Provisions (1)

Original Language Title: Loi modifiant le Code de droit économique et portant diverses autres dispositions modificatives (1)

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belgiquelex.be - Carrefour Bank of Legislation

26 OCTOBER 2015. - An Act to amend the Economic Law Code and to amend various other amendments (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er
This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - - Amendments to the Economic Law Code
Section 1re. - Amendments to Book 1er
Art. 2
In chapter 5, section I.9, of the Economic Law Code, inserted by the Act of 19 April 2014, the following amendments are made:
1° the 36° is replaced by the following:
"36° related agent: a credit intermediary acting on behalf and under the full and unconditional responsibility of a single lender;"
2° the 37° is replaced by the following:
"37° credit broker: a credit intermediary, other than a related agent, a sub-agent or an incidental agent, who carries out his intermediation activities outside of any exclusive agency contract or any other legal undertaking requiring him to place all or a specified part of his production with one or more lenders;";
3° in the 69°, the words "article VII.127" are replaced by the words "article VII.148";
4° in the 71°, the words "article 1er, paragraph 2, of the Act of 22 March 1993 on the Status and Control of Credit Institutions are replaced by the words "Article 1er§ 3 of the Act of 25 April 2014 on the Status and Control of Credit Institutions;
5° the 74° is completed by the words "other than a subagent";
6° the article is completed by the 82° and 83° written as follows:
"82° Act of 25 April 2014: Act of 25 April 2014 on the Status and Control of Credit Institutions;
83° Act of 6 April 1995: Act of 6 April 1995 on the Status and Control of Investment Companies.".
Art. 3
In chapter 6, article I.9 of the same Code, the following amendments are made:
1° in the Dutch text of the 7°, the words "ijken, testen, certificeren en inspecteren;" are replaced by the words "kalibratie, proeven, keuring certificateie,"
2° 8° is repealed;
3° in the Dutch text of 12° the word "controle" is replaced by the word "inspectie".
Art. 4
Article I.19 of the same Code, inserted by the Act of 4 April 2014, is supplemented by a 5°, as follows:
"5° sustainable support: any instrument that allows the consumer or the company to store information that is addressed to it personally in a way that allows it to go to it later for a period of time adapted for the purpose to which the information is intended and that allows the reproduction of the information stored to the identical. ".
Section 2. - Modification of Book V
Art. 5
Article V.10 of the same Code, inserted by the Act of 3 April 2013, is supplemented by a paragraph 8, which reads as follows:
§ 8. The Minister may prescribe the non-removal communication to agents commissioned by the Minister of any books, records and other accounting records that are prescribed by or under statutory provisions. ".
Section 3. - Amendments to Book VI
Art. 6
In article VI.8 of the same Code, inserted by the law of 21 December 2013, the words "by regulations of the European Union that replace the provisions of this book or the above-mentioned enforcement orders" are inserted between the words "information and consumer protection," and the words "as well as modes of employment".
Art. 7
In Book VI, Title 2, Chapter 6, of the same Code, inserted by the Act of 21 December 2013, Section 1st comprising sections VI.18 to VI.21, is repealed.
Art. 8
In section VI.23 of the same Code, inserted by the Act of 21 December 2013, subsection 4 is repealed.
Art. 9
In article VI.26 of the same Code, inserted by the Act of 21 December 2013, paragraphs 2 and 3 are repealed.
Art. 10
In Article VI. 67, § 2, of the same Code, inserted by the Act of 21 December 2013, paragraph 2 is repealed.
Art. 11
In article VI.83, 23°, of the same Code, inserted by the law of 21 December 2013, the words "Regulation (EC) No. 44/2001 of the Council of 22 December 2000 concerning judicial competence, recognition and enforcement of decisions in civil and commercial matters" are replaced by the words "Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 concerning judicial competence, recognition and enforcement".
Art. 12
In article VI.110 of the same Code, inserted by the Act of 21 December 2013, the following amendments are made:
Paragraph 2 is replaced by the following:
"§2. Without prejudice to Article XII.13, unsolicited communications for direct prospecting, carried out by other techniques than those mentioned in paragraph 1er or determined pursuant to the latter, shall be permitted only in the absence of a manifest opposition from the consignee, natural or legal person or in respect of subscribers, subject to the provisions set out in Articles VI.111 to VI.115. ";
2° the article is supplemented by paragraphs 3 and 4 as follows:
§ 3. No charges may be charged to the recipient because of the exercise of his right of opposition.
§ 4. When sending any advertisement using a communication technique referred to in paragraph 2, it is prohibited to conceal the identity of the company on whose behalf the communication is made. ".
Section 4. - Amendments to Book VII
Art. 13
In Article VII.3, § 3, 5°, of the same Code, inserted by the law of 19 April 2014, the following amendments are made:
1° the words "Law of 2 August 2002" are replaced by the words "Law of 6 April 1995";
2° the words "article 1er, paragraph 2, 1° of the Act of 22 March 1993 relating to the Status and Control of Credit Institutions are replaced by the words "Article 1er, § 3, of the Act of 25 April 2014 on the Status and Control of Credit Institutions".
Art. 14
In the Dutch text of the title of subsection 2 of section 3 of chapter 3 of title 3, of Book VII of the same Code, inserted by the law of April 19, 2014, the words "vór de uitvoering" are replaced by the words "na de uitvoering".
Art. 15
In Article VII.69, § 2, paragraph 2, of the same Code, inserted by the law of 19 April 2014, the words "the amounts of the credits in progress" are replaced by the words "the debtor of the credits in progress".
Art. 16
Section VII.72 of the same Code, inserted by the Act of 19 April 2014, is replaced by the following:
"Art. VII.72. Sections VII.70, VII.71, VII.74 and VII.75 do not apply to suppliers of goods or service providers acting as an incidental agent. This provision does not affect the lender's obligation to ensure that the consumer receives the pre-contractual information referred to in the said articles effectively.
Paragraph 1er does not apply to an incidental agent that proposes both a credit contract and a payment instrument that may be used outside of its establishment or a credit contract that is not intended, wholly or partially, to the purchase of goods or services offered by it.".
Art. 17
Article VII.78, § 1erin the same Code, inserted by the Act of 19 April 2014, the following amendments are made:
1° to paragraph 1erthe words ", referred to in Article XII.25, § 4," are repealed;
2° the paragraph shall be supplemented by a paragraph, which reads as follows:
"The electronic signature referred to in paragraph 1er is done:
- by an advanced electronic signature made on the basis of a qualified certificate and designed by means of a secure electronic signature creation device, referred to in Article 4, § 4, of the Law of 9 July 2001 establishing certain rules relating to the legal framework for electronic signatures and certification services,
- or by another electronic signature that meets the criteria that the King may set in order to guarantee the identity of the parties, their consent to the content of the credit contract and the maintenance of the integrity of that contract. In the event of a dispute, the lender must demonstrate that this electronic signature effectively guarantees these functions. ".
Art. 18
Article VII.79, paragraph 1er, of the same Code, inserted by the law of 19 April 2014, the words "in Article VII.121" are replaced by the words "in Article VII.122".
Art. 19
Article VII.86, § 3, paragraph 1er, of the same Code, inserted by the law of 19 April 2014, the words "of Article VII.97, §§ 1er and 3" are replaced by the words "of Article VII.94, §§ 1er and three.
Art. 20
Article VII.100, § 1erParagraph 1er, of the same Code, inserted by the law of April 19, 2014, the words "or a payment account" are inserted between the words "a credit opening" and the words "when the lender".
Art. 21
In article VII.102 of the same Code, inserted by the Act of 19 April 2014, the words "collective investment bodies referred to in the Act of 24 July 2004 on certain forms of collective investment portfolio management" are replaced by the words "collective investment organizations referred to in the Act of 3 August 2012 on collective investment organizations that meet the requirements of Directive 2009/65/EC and debt investment agencies".
Art. 22
In article VII.150, paragraph 3, of the same Code, inserted by the law of 19 April 2014, the words "at articles VII.149, paragraph 1er," are replaced by the words "in Articles VII.149, § 2, paragraph 1er".
Art. 23
In the French text of Article VII.153, of the same Code, inserted by the Act of 19 April 2014, the following amendments are made:
1° in paragraph 2, paragraph 3, the words "by the lender" are inserted between the words "was closed" and the words ", the overall response";
2° in paragraph 4, the words "Law of 22 February 1992" are replaced by the words "Law of 22 February 1998".
Art. 24
In article VII.154, of the same Code, inserted by the law of 19 April 2014, the words "see article VII.77, § 1er, paragraph 2" are replaced by the words "seen to Article VII.149, § 1er".
Art. 25
Article VII.159, of the same Code, inserted by the Act of 19 April 2014, paragraph 3 is supplemented by a paragraph written as follows:
"When the assignee is a mobilization agency within the meaning of Article 2 of the Act of 3 August 2012 on various measures to facilitate the mobilization of claims in the financial sector, it is not subject to Article VII. 162. The King may provide for additional exemptions to paragraph 1er for these same organizations or for other public or financial legal entities within the meaning of section 3 of the Financial Security Act of 15 December 2004 and with various tax provisions in respect of conventions constitutive of security rights and loans relating to financial instruments, in particular in view of the type of assignment carried out, the status or organizational characteristics of the assignee. ".
Art. 26
Article VII.164, § 3, paragraph 1er, of the same Code, inserted by the law of 19 April 2014, the words "article 19 of the law of 22 March 1993" are replaced by the words "article 20 of the law of 25 April 2014".
Art. 27
In the Dutch text of Article VII.166, § 1er, of the same Code, inserted by the law of 19 April 2014, the words "De bedrijfsuitoefeningsvoorwaarden worden" are replaced by the words "Onder voorbehoud van de hierna volgende bepalingen, worden de bedrijfsuitoefeningsvoorwaarden".
Art. 28
In Article VII.172, paragraph 1er the same Code, inserted by the Act of 19 April 2014, the following amendments are made:
1° in the list of mortgage lenders, 3°, b), the words "article 78 of the law of 22 March 1993" are replaced by the words "article 332 of the law of 25 April 2014";
2° the list of consumer credit lenders is replaced by the following:
"List of lenders in consumer credit
1° Loans in credit for the consumption of Belgian law:
a. Credit institutions;
b. Investment companies;
c. Electronic currency establishments;
d. Payment institutions;
e. (Article VII.3, § 4, 2°)
f. Other lenders.
2° Authorized foreign law lenders (Article VII.176):
a. Credit institutions under the right of non-member states of the European Economic Area;
b. Other lenders of credit to foreign law consumption.
3° Registered foreign law lenders (article VII.174):
a. Credit institutions under the law of other European Economic Area member states;
b. Financial institutions under the law of other Member States of the European Economic Area subsidiary of credit institutions under the law of other Member States of the European Economic Area (Article 332 of the Law of 25 April 2014);
c. Investment companies under the law of other European Economic Area member states;
d. Establishment of electronic currency under the law of other European Economic Area member states;
e. Payment institutions under the law of other European Economic Area member states."
Art. 29
In article VII.173 of the same Code, inserted by the law of 19 April 2014, the words "article 13 of the law of 22 March 1993" are replaced by the words "article 14 of the law of 25 April 2014, i.e. as investment companies on the list provided for in article 53 of the law of 6 April 1995".
Art. 30
In Article VII.174, § 1erin the same Code, inserted by the Act of 19 April 2014, the following amendments are made:
1° in paragraph 1er, the words "section 78 of the Act of 22 March 1993" are replaced by the words "section 332 of the Act of 25 April 2014, investment companies,"
2° in paragraph 2, the words "section 78 of the Act of 22 March 1993" are replaced by the words "section 332 of the Act of 25 April 2014".
Art. 31
In section VII.176 of the same Code, inserted by the Act of 19 April 2014, subsection 3 is replaced by the following:
§ 3. Articles VII.161 to VII.164, and VII.167 to VII. 169 does not apply to the following lenders referred to in this subsection:
1st branch of credit institutions under the law of a third State, listed in section 14 of the Act of 25 April 2014;
2° the branches of investment companies under the law of a third State, listed in section 53 of the Act of 6 April 1995;
3° insurance companies under the right of another Member State of the European Economic Area that carry out their activities in Belgium through a branch or free service, listed in Article 66 of the Act of 9 July 1975 on the control of insurance companies;
4° the branches of insurance companies under the law of a third State, listed in section 4 of the Act of 9 July 1975 on the control of insurance companies;
5° electronic currency institutions under the right of another Member State of the European Economic Area that carry out their activities in Belgium through a branch or free service, listed under Article 91 of the Law of 21 December 2009;
6° the branches of electronic currency institutions under the law of a third State, listed in section 64 of the Act of 21 December 2009;
7° the payment establishments under the right of another Member State of the European Economic Area that carry out their activities in Belgium by way of a branch or free service, listed in Article 39 of the Law of 21 December 2009. ".
Art. 32
In Article VII.181 of the same Code, inserted by the Act of 19 April 2014, the following amendments are made:
1° in paragraph 1erParagraph 1er2°, the words "Article 19 of the Law of 22 March 1993" are replaced by the words "Article 20 of the Law of 25 April 2014";
2° to paragraph 2, 1°, the following modifications are made:
(a) the words ", as well as the persons responsible for effective management" are inserted between the words "the members of the legal body of administration" and the words "of that legal person";
(b) the words "section 19 of the Act of 22 March 1993" are replaced by the words "section 20 of the Act of 25 April 2014";
3° in paragraph 3, paragraph 1er, the words "with a lender or several lenders belonging to the same group" are replaced by the words "with one or more lenders";
Paragraph 4 is replaced by the following:
§ 4. The sub-agents act, with respect to their mortgage intermediation activity, under the full and unconditional responsibility of the mortgage intermediary on whose behalf they act, or a mortgage lender when acting on behalf of a related agent. The applicant for registration as a sub-agent shall establish it in his registration file.
The credit intermediary or lender shall monitor the sub-agent's compliance with the provisions of this book and the orders and regulations made pursuant to it. ";
5° in paragraph 6, the following amendments are made:
(a) paragraph 1er is supplemented by the following sentence: "The applicant for an entry as a related agent establishes it in his registration file. ";
(b) in paragraph 2, the words "the latter" are replaced by the words "The lender";
Paragraph 7 is repealed.
Art. 33
In Article VII.182, § 5, paragraph 3, of the same Code, inserted by the Act of 19 April 2014, the following amendments are made:
1° 5° is replaced by the following:
"5° for related agents: the name of the mortgage lender to whom they are bound;"
2° 6° is replaced by the following:
"6° for sub-agents: the name of the intermediary on mortgage credit under the responsibility of which they operate;".
Art. 34
In Article VII.183 of the same Code, inserted by the Act of 19 April 2014, the following amendments are made:
1° the Dutch text of paragraph 1erParagraph 4 is replaced by the following:
"From FSMA is bevoegd om de beroepskennis na te gaan van de verantwoordelijken voor de distributie en personen die in contact staan met het publishk, bij de in deze paragraaf bedoelde bemiddelaars inzake hypothecair krediet, die bedrijvig zijn in het kader
2° in paragraph 5, 3°, the words "in the sense of article I.9, 81°" are replaced by the words "in the sense of article I.9, 79°";
3° a paragraph 5bis is inserted as follows:
" § 5bis. Intermediaries referred to in paragraph 2 and operating in Belgium under the free provision of services must comply with the following conditions:
1° to designate one or more distribution officials according to the rules set out in Article VII.180, § 5;
2° the King determines the professional knowledge to which these distribution officials must satisfy, as well as other persons employed by the intermediary who, in any way, are in contact with the public within the meaning of Article I.9, 79.".
Art. 35
In the French text of Article VII.185, § 2, paragraph 2, of the same Code, inserted by the law of 19 April 2014, the word "tient" is replaced by the word "hold".
Art. 36
In section VII.186 of the same Code, inserted by the Act of 19 April 2014, the following amendments are made:
1° in paragraph 1erParagraph 1er2°, the words "Article 19 of the Law of 22 March 1993" are replaced by the words "Article 20 of the Law of 25 April 2014";
2° in paragraph 2, 1°, the words "article 19 of the law of 22 March 1993" are replaced by the words "article 20 of the law of 25 April 2014";
3° in paragraph 3, paragraph 1er, the words "with a lender or several lenders belonging to the same group" are replaced by the words "with one or more lenders";
Paragraph 5 is replaced by the following:
§ 5. The related agent acts, with respect to its consumer credit intermediation activity, under the full and unconditional responsibility of a consumer credit lender. The applicant for registration as a related agent determines it in his registration file.
The lender controls compliance by the related agent with the provisions of this book and the orders and regulations made pursuant to it.".
Art. 37
In Article VII.187, § 1er, 2°, of the same Code, inserted by the law of 19 April 2014, the words "article 19 of the law of 22 March 1993" are replaced by the words "article 20 of the law of 25 April 2014".
Art. 38
In Article VII.188, § 5, of the same Code, inserted by the Act of 19 April 2014, the following amendments are made:
1° Paragraph 3 is replaced by the following:
"The register mentions for each intermediary in consumer credit:
1° the data necessary for its identification;
2° the date of registration;
3° the category in which it is registered;
4° where applicable, the date of its delisting;
5° the name of the distribution officials;
6° for related agents: the name of the lender in consumer credit to which they are linked;
7° any other information that FSMA considers useful for correct public information."
2° 2° paragraph 4 is replaced by the following
"The FSMA determines the conditions under which the reference to the deletion of an intermediary is removed from the website.".
Art. 39
In Article VII.195, paragraph 3, of the same Code, inserted by the Act of 19 April 2014, the words "in Article VII.109" are replaced by the words "in Article VII.110".
Art. 40
In article VII.196, paragraph 2, of the same Code, inserted by the Act of 19 April 2014, the words "section 78 of the Act of 22 March 1993" are replaced by the words "section 332 of the Act of 25 April 2014".
Art. 41
In Article VII.201, 2°, of the same Code, inserted by the law of 19 April 2014, the words "in VII.112" are replaced by the words "VII.112 and VII.113, § 1er".
Art. 42
In Article VII.208 of the same Code, inserted by the Act of 19 April 2014, the words "of Article VII.114" are replaced by the words "of Article VII.113".
Art. 43
In article VII.209, § 4, first dash, of the same Code, inserted by the law of 19 April 2014, the words "article 78 of the law of 22 March 1993" are replaced by the words "article 332 of the law of 25 April 2014".
Art. 44
Article VII.216 of the same Code, inserted by the Act of 19 April 2014, is supplemented by a paragraph, which reads as follows:
"Payment service providers are required to join this mediation service."
Section 5. - Amendment of Book IX
Art. 45
In Article IX.7, paragraph 1er, 2°, of the same Code, inserted by the law of April 25, 2013, the words "to the consumer" are replaced by the words "to the user".
Section 6. - Amendment of Book XII
Art. 46
In Article XII.15, § 2, second indent, of the same Code, inserted by the law of 15 December 2013, the words "in Article XII.25, § 4" are replaced by the words "in Article 4, § 4, of the law of 9 July 2001 setting certain rules relating to the legal framework for electronic signatures and certification services".
Section 7. - Amendments to Book XIV
Art. 47
In Book XIV, Title 2, Chapter 4, of the same Code, inserted by the Act of 15 May 2014, Section 1re having sections XIV.10 to XIV.13 is repealed.
Art. 48
In Article XIV.41, § 2, of the same Code, inserted by the Act of 15 May 2014, paragraph 2 is repealed.
Art. 49
In Article XIV.50, 23°, of the same Code, inserted by the law of 15 May 2014, the words "Regulation (EC) No. 44/2001 of the Council of 22 December 2000 concerning judicial competence, recognition and enforcement of decisions in civil and commercial matters" are replaced by the words "Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 concerning judicial competence, recognition and enforcement of civil matters
Art. 50
In Article XIV.77 of the same Code, inserted by the Act of 15 May 2014, the following amendments are made:
Paragraph 2 is replaced by the following:
"§2. Without prejudice to Article XII.13, unsolicited communications for direct prospecting, carried out by other techniques than those mentioned in paragraph 1er or determined pursuant to the latter, are permitted only in the absence of a manifest opposition from the recipient, a natural or legal person and, in respect of subscribers, subject to compliance with the provisions set out in Articles XIV.78 to XIV.82. ";
2° the article is supplemented by paragraphs 3 and 4 as follows:
§ 3. No charges may be charged to the recipient because of the exercise of his right of opposition.
§ 4. When sending an advertisement using a communication technique referred to in paragraph 2, it is prohibited to conceal the identity of the person exercising a liberal profession in the name of which the communication is made. ".
Section 8. - Amendments to Book XV
Art. 51
In Article XV.2, § 2, paragraph 2, of the same Code, inserted by the law of 20 November 2013, the words "by registered letter" are replaced by the words "by registered consignment with acknowledgement of receipt".
Art. 52
In Article XV.5 of the same Code, inserted by the Act of 20 November 2013, the following amendments are made:
1° Paragraph 2 is supplemented by three subparagraphs as follows:
"This sealing must be confirmed by the Public Prosecutor's Office within 15 days.
In the absence of confirmation by the Public Prosecutor ' s Office, the sealing is lifted in full right. The person in whose hands the objects are sealed may be incorporated as a judicial guardian.
Seals may result in the establishment of an on-site guard designated by the agents referred to in Article XV.2. ";
2° in paragraph 4, the words "or sealing" are inserted between the words "of seizure" and the words "he ordered";
3° in paragraph 5, the words "or sealing" are inserted between the words "The seizure" and the words "are lifted up in full right".
Art. 53
In Article XV.14 of the same Code, inserted by the law of December 21, 2013, the words "in Article XV.83, 7°" are replaced by the words "in Article XV.83, 8°".
Art. 54
Article XV.18, § 1er, of the same Code, inserted by the law of 19 April 2014, the words "dispositions of Book VII" are replaced by the words "dispositions of Book VII, Title 3".
Art. 55
In Article XV.31, § 1er, paragraph 2, of the same Code, inserted by the law of November 20, 2013, the words "of observation of facts" are replaced by the words "of warning".
Art. 56
In Article XV.57/1, paragraph 1er the same Code, inserted by the Act of 20 November 2013, the words "Article 19 of the Act of 22 March 1993 relating to the Status and Control of Credit Institutions" are replaced by the words "Article 20 of the Act of 25 April 2014 relating to the Status and Control of Credit Institutions".
Art. 57
In Book XV, Title 2, Chapter 2, of the same Code, it is inserted a section 2 containing Article XV.66, entitled:
"Section 2. Administrative sanctions under Book VII".
Art. 58
In Article XV.67/3 of the same Code, inserted by the Act of 20 November 2013, the following amendments are made:
1° in paragraph 1erParagraph 1erthe words "Article 75, § 5, of the Law of 22 March 1993 relating to the Status and Control of Credit Institutions" are replaced by the words "Article 329, § 5, of the Law of 25 April 2014 relating to the Status and Control of Credit Institutions";
2° in paragraph 1er, paragraph 2, the words "Article 75, § 4, of the Law of 22 March 1993" are replaced by the words "Article 329, § 6, of the Law of 25 April 2014 relating to the Status and Control of Credit Institutions";
3° in paragraph 2, paragraph 1er, the words "Article 75, § 5, of the Law of 22 March 1993" are replaced by the words "Article 329, § 5, of the Law of 25 April 2014 relating to the Status and Control of Credit Institutions".
Art. 59
In section XV.68 of the same Code, inserted by the Act of 20 November 2013, paragraph 2 is replaced by the following:
"§2. Where the FSMA finds that an intermediary in foreign mortgage credit referred to in Article VII.183, § 2, does not comply with Article VII.183, § 5bis, or where the SPF Economy makes known to the FSMA by a reasoned notification, after hearing the person concerned, that such intermediary does not comply with the provisions of general interest, other than Book VII which are applicable to it, the FSMA informs the State ".
Art. 60
In article XV.69 of the same Code, inserted by the law of November 20, 2013, the words ", without exception of chapter VII and section 85," are inserted between the words "Book I of the Criminal Code" and the words "are applicable to".
Art. 61
In Article XV.83 of the same Code, inserted by the Act of 21 December 2013 and amended by the Act of 15 May 2014, the 4th is repealed.
Art. 62
In Article XV.124 of the same Code, inserted by the law of May 15, 2014 and amended by the law of May 15, 2014, the 2nd is repealed.
Art. 63
Article XV.127 of the same Code, inserted by the Act of 4 April 2014, is renumbered Article XV.125.
Section 9. - Amendments to Book XVI
Art. 64
In Article XVI.2 of the same Code, inserted by the Act of 4 April 2014, the following amendments are made:
1° in the Dutch text the words "in wanneer een terzake bevoegde dienst bestaat" are replaced by the words "in voor zover een klachtendienst bestaat";
2° the words "information and when such a service exists, the telephone and facsimile number and the e-mail address of the competent service in this matter" are replaced by the words "in addition to the information referred to in Article III.74, and as long as a complaint service exists, the telephone and facsimile number and the e-mail address of it".
Art. 65
Article XVI.4, § 3, paragraph 1erthe same Code, inserted by the Act of 4 April 2014, is supplemented by the following sentence:
"When the entity is not qualified, the contact information of the Mediation Service for the Consumer referred to in section XVI.5 shall be communicated. ".
Art. 66
Article XVI.14 of the same Code, inserted by the law of April 4, 2014, is supplemented by the words "and, at the request, on a sustainable basis. ".
Art. 67
In section XVI.25 of the same Code, inserted by the Act of 4 April 2014, paragraph 3 is replaced by the following:
§ 3. The King may specify the conditions listed in paragraph 1er to ensure the accessibility of qualified entities, their competence, independence, impartiality, transparency, effectiveness, fairness and freedom of the parties and the legality of decisions rendered by a qualified entity imposed on the parties".
Art. 68
In the same Code, an article XVI.26/1 is inserted as follows:
"Art. XVI.26/1. Where the qualified entity provides a procedure to resolve a dispute by proposing a solution or by intervening between the parties in order to find one, the parties may withdraw from the proceedings at any time if they are not satisfied with its conduct or operation.
If the company's participation is required under the Act, the withdrawal faculty referred to in paragraph 1er applies only to the benefit of the consumer. ".
Art. 69
In the same Code, an article XVI.26/2 is inserted as follows:
"Art.XVI.26/2. When the qualified entity provides a procedure to resolve a dispute by imposing a solution to the parties:
1° the imposed solution is only enforceable if the parties have been previously and individually informed of the binding nature of the solution and have expressly accepted the binding nature. The express acceptance of the company is not required if the law or contractual commitments provide that solutions are binding on businesses;
2° the binding solution could not be imposed on the consumer by virtue of an agreement that he concluded with the company to provide for the settlement of their potential disputes if this agreement was reached before the dispute arises and if it is to deprive the consumer of bringing an appeal before the judge;
3° the imposed solution cannot deprive the consumer of the benefit of the peremptory provisions protecting his rights under Belgian law;
4° in the event of a conflict of laws, where the law applicable to the contract of sale or service that is the subject of the request for extrajudicial settlement of disputes is determined in accordance with Article 6, paragraphs 1 and 2, of Regulation (EC) No 593/2008, the imposed solution may not have as a consequence to deprive the consumer of the protection afforded to it by the provisions to which it cannot be derogated by agreement under the law of the European Union
5° in the event of a conflict of laws, where the law applicable to the contract of sale or service that is the subject of the request for extrajudicial settlement of disputes determined in accordance with Article 5, paragraphs 1 to 3, of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations, the solution imposed by an entity of REL does not have the consequence of depriving the consumer of the protection afforded by the mandatory provisions of the law of the member ".
Art. 70
In the same Code, an article XVI.26/3 is inserted as follows:
"Art. XVI.26/3. The qualified entity shall take the necessary measures to ensure that the processing of personal data complies with the Privacy Protection Act of 8 December 1992 with respect to personal data processing.".
Section 10. - Amendments to Book XVII
Art. 71
In section XVII.37 of the same Code, inserted by the Act of 28 March 2014, the following amendments are made:
1° 8° is replaced by the following:
"8° Part 4 of the Insurance Act of 4 April 2014;
2° the article is completed by a 32° written as follows:
"32° the Consumer Protection Act of 28 August 2011 on contracts for the use of shared-time goods, long-term vacation products, resale and exchange.".
CHAPTER 3. - Amendment of the Act of 19 April 2014 on the insertion of Book XI "Intellectual property" in the Economic Law Code, and insertion of the provisions of Book XI in Books I, XV and XVII of the same Code
Art. 72
In Article 32, § 2, of the Act of 19 April 2014 concerning the insertion of Book XI "Intellectual property" in the Code of Economic Law, and incorporating the provisions of Book XI in Books I, XV and XVII of the same Code, the words "- the law of 20 May 1975 on the protection of plant obtainings, last amended by the law of 10 May 2007 relating to aspects of judicial law of the protection of intellectual property
CHAPTER 4. - Amendments to the Act of 19 April 2014 on the insertion of Book VII "Payment and Credit Services" in the Economic Law Code, incorporating definitions specific to Book VII and penalties relating to Book VII offences, in Books I and XV of the Economic Law Code, and bearing various other provisions
Art. 73
In article 54, § 5, of the Act of 19 April 2014 on the insertion of Book VII "Payment and Credit Services" in the Economic Law Code, incorporating the definitions specific to Book VII and penalties relating to Book VII offences, in books I and XV of the Economic Law Code, and bearing various other provisions, the following amendments are made:
1° the Dutch text of paragraph 1er is replaced by the following:
§ 5. Binnen een termijn van achttien maanden na de inwerkingtreding van boek VII, titel 4, hoofdstuk 4, dienen de in paragraaf 4 bedoelde personen de FSMA evenwel om een definitieve vergunning als kredietgever of om eenken inschrijving als kredietbemiddelaar te ver
2° Paragraph 2 is replaced by the following:
"Request to file an application for approval or registration within the time limit set out in paragraph 1erthe provisional approval or provisional authorization referred to in paragraph 4 shall be terminated in full right. Where an application for approval or registration has been filed within the time limit set out in paragraph 1er, the provisional approval or provisional authorization referred to in subsection 4 shall terminate in full right in the event of a decision by the MSDS to refuse approval or registration. ";
3° Paragraph 5 is supplemented by four subparagraphs, as follows:
"Consumer credit intermediaries who, at the date of entry into force of Book VII, Title 4, Chapter 4 of the Economic Law Code, have been engaged in consumer credit intermediation activity for less than a year and were regularly registered with the SPF Economie in accordance with the Consumer Credit Act of 12 June 1991 are provisionally allowed to continue the exercise of this activity.
Mortgage credit intermediaries who, on the date of entry into force of Book VII, Title 4, Chapter 4, have been engaged in intermediation in mortgages for less than a year are provisionally allowed to continue the exercise of this activity.
However, persons referred to in paragraphs 1 and 2 are required to apply to the MSDS for an intermediate registration within two months of the entry into force of Book VII, Title 4, Chapter 4.
In the absence of an application for registration within the time limit provided for in paragraph 5, the provisional authorization shall terminate the right. When an application for registration has been filed within the time limit set out in paragraph 5, the provisional authorization shall terminate in full right in the event of a refusal of registration by the MSDS. ".
Art. 74
In section 56 of the Act, the words "in section 47" are replaced by the words "in section 53".
CHAPTER 5
Amendments to the Mortgage Act of 16 December 1851
Art. 75
In section 81quater of the Mortgage Act of 16 December 1851, inserted by the Act of 19 April 2004, the following amendments are made:
1° in paragraph 1er, 2°, the words "Law of 22 March 1993 on the Status and Control of Credit Institutions" are replaced by the words "Law of 25 April 2014 on the Status and Control of Credit Institutions";
2° in paragraph 2, paragraph 4, the words "by the consumer" are replaced by the words "by the debtor";
3° in paragraph 4, paragraph 1er, from the French text, the words "to the consumer" are each time replaced by the words "to the debtor".
Art. 76
In Article 81decies, § 1er, of the same law, inserted by the law of 19 April 2014, the words "article 64/20, § 2, of the Act of 22 March 1993 relating to the Status and Control of Credit Institutions" are replaced by the words "article 15 of Schedule III of the Act of 25 April 2014 relating to the Status and Control of Credit Institutions".
Art. 77
In section 81undecies of the Act, inserted by the Act of 19 April 2014, the words "section 31 of the Act of 22 March 1993 relating to the Status and Control of Credit Institutions" are replaced by the words "article 78 of the Act of 25 April 2014 relating to the Status and Control of Credit Institutions".
CHAPTER 6. - Amendments to the Judicial Code
Art. 78
In section 589 of the Judicial Code, last amended by the Act of March 26, 2014, the following amendments are made:
(a) the 3rd is repealed;
(b) the words "14° to articles 27, § 2, 159, § 5, and 160, last paragraph, of the Act of 20 July 2004 on certain forms of collective management of investment portfolios" are replaced by the words "15° to articles 207, § 6, and 271/12, § 2, paragraph 4, of the Act of 3 August 2012 on collective investment bodies that meet the conditions of Directive 2009/65/EC and investment agencies;
(c) a 15° /1 is inserted as follows:
"15° /1 to Article 321, § 6, of the Act of 19 April 2014 on alternative collective investment bodies and their managers;".
(d) the 17th is repealed.
CHAPTER 7. - Amendments to the Act of 11 January 1993 on the Prevention of the Use of the Financial System for the Purpose of Money Laundering and the Financing of Terrorism
Art. 79
In Article 16, § 3, of the Law of 11 January 1993 on the Prevention of the Use of the Financial System for the Purpose of Money Laundering and Financing of Terrorism, inserted by the Law of 18 January 2010 and amended by the Law of 25 April 2014, the words "Article 2, paragraph 1er, 4° to 15° " are each time replaced by the words "Article 2, § 1er4° to 16°.
Art. 80
In article 19 of the same law, inserted by the law of 18 January 2010 and amended by the law of 25 April 2014, the words "14°, 15° and 22°" are replaced by the words "15°, 16° and 22°".
Art. 81
Article 39, § 1erParagraph 1erof the same law, inserted by the law of 18 January 2010 and amended by the law of 26 November 2011, the following amendments are made:
1° the words "articles 2, § 1er, 1°, 2°, 4° to 15°, 3 and 4" are replaced by the words "articles 2, § 1er, 1°, 2°, 4° to 16° and 22°, 3 and 4";
2° the words "in articles 2, § 1er16° to 19° " are replaced by the words "in Article 2, § 1er17° to 19°.
CHAPTER 8. - Amendments to the Act of 4 April 2014
on insurance
Art. 82
Section 5 of the Insurance Act of April 4, 2014 is supplemented by the 51° written as follows:
"51° "the law of 25 April 2014": the law of 25 April 2014 relating to the status and control of credit institutions".
Art. 83
In section 20 of the Act, the following amendments are made:
1° in paragraph 1er(a) is replaced by the following:
"(a) shares of alternative collective investment organizations, listed in section 200 or section 260 of the Act of April 19, 2014 relating to alternative collective investment organizations and their managers,"
2° in paragraph 2, the words "as referred to in Parts II to V of the Act of 22 March 1993 relating to the Status and Control of Credit Institutions" are replaced by the words "as referred to in Books II and III of the Act of 25 April 2014";
3° in paragraph 3, the following modifications are made:
(a) the words "as referred to in Parts II to V of the Act of 22 March 1993 relating to the Status and Control of Credit Institutions" are replaced by the words "as referred to in Books II and III of the Act of 25 April 2014";
(b) the words "in non-subordinate, non-exchangeable and non-convertible bonds or other fixed income financial products" are replaced by the words "in non-subordinate, non-exchangeable and non-convertible fixed income obligations or other financial products".
Art. 84
In Article 43, § 1er, of the same law, the words "article 2, 3° of the Act of 6 April 2010 on market practices and consumer protection" are replaced by the words "article I.1, 2° of the same Code".
Art. 85
In Article 57, § 5, paragraph 1er, of the same law, the words "chapter 3, section 2, of the Act of 6 April 2010 on market practices and consumer protection" are replaced by the words "Title 3, chapter 2, of Book VI of the same Code".
Art. 86
Section 68 of the Act is supplemented by a paragraph 2 which reads as follows:
"The sums thus paid may be released upon special authorization from the justice of the peace, at the request of the guardian or administrator of the property according to the same rules as those applicable to the situations referred to in Articles 410, § 1er, 14°, or 499/7, § 2, Civil Code.
Art. 87
Article 204, § 1er, of the same law, is supplemented by a paragraph written as follows:
" Notwithstanding paragraph 1er, the insurer may, in the interest of the insured and with the consent of the insurance taker, amend the health insurance contract, due to the application of new regulations."
Art. 88
In section 217 of the Act, the following amendments are made:
1° in paragraph 2, paragraph 5, the words "for the president and" are inserted between the words "The King also designates an alternate" and the words "for each member";
2° in paragraph 5, the words "article 302" are replaced by the words "article 302, § 1er".
Art. 89
Section 246 of the Act is supplemented by paragraph 5, which reads as follows:
"The sums thus paid may be released upon special authorization from the justice of the peace, at the request of the guardian or administrator of the property according to the same rules as those applicable to the situations referred to in Articles 410, § 1er, 14°, or 499/7, § 2, Civil Code.
Art. 90
In the same law, an article 261bis is inserted as follows:
"Art.261bis. If insurance companies are aware of elements that may question compliance with the terms and conditions of registration set out in this Act in the head of an insurance or reinsurance intermediary to which they appeal or have appealed, they shall promptly communicate these elements to the MSDS.
The same communication is made to FSMA if they are aware that someone is acting as an insurance or reinsurance intermediary without being registered in the registry provided for in this Act."
Art. 91
In section 268 of the Act, the following amendments are made:
1° in paragraph 1erParagraph 1er, is completed by the 10th written as follows:
"10° communicate to FSMA a professional e-mail address to which FSMA has the ability to validly address all communications, whether individual or collective, that it operates in accordance with this Act.";
2° in paragraph 2, the words "Article 19 of the Act of 22 March 1993 relating to the status and control of credit institutions" are replaced by the words "Article 20 of the Act of 25 April 2014";
3° paragraph 2 is supplemented by a paragraph which reads as follows:
"It can also have been declared bankrupt, unless it has been rehabilitated. For the purposes of this provision, the bankrupt is considered to be the administrators and managers of a business corporation declared in a bankruptcy state, whose resignation has not appeared in the annexes of the Belgian Monitor at least one year before the bankruptcy declaration as well as any person who, without being a director or manager, has effectively held the power to manage the company declared in a bankruptcy state. ".
Art. 92
In section 269 of the Act, the following amendments are made:
1° in paragraph 1er, 1°, the words "Article 19 of the Law of 22 March 1993 relating to the Status and Control of Credit Institutions" are replaced by the words "Article 20 of the Law of 25 April 2014";
2° the article is supplemented by a paragraph written as follows:
"People referred to in paragraph 1er, 1° may not have been declared bankrupt, unless rehabilitated. For the purposes of this provision, the bankrupt is considered to be the administrators and managers of a business corporation declared in a bankruptcy state, whose resignation has not appeared in the annexes of the Belgian Monitor at least one year before the bankruptcy declaration as well as any person who, without being a director or manager, has effectively held the power to manage the company declared in a bankruptcy state. ".
Art. 93
Article 270, § 1er, 2°, paragraph 1erthe same law is supplemented by the following sentence:
"Without prejudice to paragraph 5, the required practical experience must have been acquired in its entirety during the six-year period prior to the date of introduction of the application as an insurance intermediary and during the ten-year period preceding the date of introduction of the application for registration as a reinsurance intermediary. ".
Art. 94
Article 293, § 2, of the Act, is supplemented by a paragraph written as follows:
"The FSMA may validly notify the decisions referred to in paragraph 1er using pre-printed forms, with a signature reproduced by a mechanographic process. ".
Art. 95
In Article 302, § 3, of the Act, the following amendments are made:
1st paragraph 1er, is supplemented by the following sentence:
"Representatives and independent expert are appointed by the Minister for a term of six years. The Minister also designates for each representative and for the independent expert, an alternate. ";
2° in paragraph 2, the 4° is replaced by the following:
"4° the exercise of a general supervision over the specific cell that assures the secretariat of the Pricing Monitoring Bureau referred to in Article 217, § 5.".
Art. 96
Section 308 of the Act is supplemented by a paragraph 3, which reads as follows:
§ 3. Any information of the head of offence under this Act or any of the provisions referred to in section 20 of the Act of 25 April 2014, against an insurance or reinsurance intermediary, an effective officer with such an intermediary, or a person responsible for the distribution to such an intermediary or to a regulated company, within the meaning of this Act, and any information of the head of offence under this Act
Any criminal action by the head of the offences referred to in paragraph 1er must be notified to the FSMA at the diligence of the Public Prosecutor's Office.".
CHAPTER 9. - Amendment of the Act of 22 December 2009 amending the Act of 2 August 2002 on the supervision of the financial sector and financial services and establishing action on termination of offences under the Act of 10 December 2009 on payment services
Art. 97
Section 4 of the Act of 22 December 2009 amending the Act of 2 August 2002 on the supervision of the financial sector and financial services and establishing action on termination of offences under the Act of 10 December 2009 on payment services is repealed.
CHAPTER 10. - Amendments to the Act of November 13, 2011 on compensation for tangible and moral damage resulting from a technological accident
Art. 98
Article 2, paragraph 1er, of the Act of 13 November 2011 on compensation for bodily and moral damage resulting from a technological accident is supplemented by a 9°, which reads as follows:
"9° "FSMA": the Autorité des services et marchés financiers, referred to in section 44 of the Act of 2 August 2002 on the supervision of the financial sector and financial services. ".
Art. 99
Section 4 of the Act is supplemented by paragraph 4 as follows:
§ 4. The Committee of the Wise, the members of this Committee, and the persons performing the tasks assigned to it, shall not be liable for their decisions, acts or behaviour in the exercise of their legal duties except in the event of a dol or heavy misconduct. ".
Art. 100
In section 16 of the Act, the following amendments are made:
1° in paragraph 4, paragraph 2 is replaced by the following:
"The market share is determined on the basis of the encumberment carried out in Belgium in branch 13 of Schedule I of the Royal Decree of 22 February 1991 concerning the general regulation of the control of insurance companies, during the year in which the exceptional loss occurs and, as long as the encumberment is not known, that of the last known exercise. The encumberment is reduced by the encumberment of insurance contracts covering damages excluded from the scope of this Act and which are part of the same branch. For international programmes, only cash related to Belgian risks must be considered. ";
2° in the same paragraph, paragraph 4 is replaced by the following:
"The cash in Belgium during a calendar year in branch 13 must be certified by an authorized person responsible for the legal control of accounts and communicated to the Fund by these companies before 1er August of each year. "
3° the article is supplemented by a paragraph 7 as follows:
"§ 7. FSMA ensures compliance with paragraphs 2 to 6 of this section by insurance companies. ".
CHAPTER 11. - Amendments to Act of 1er April 2007
on insurance against damage caused by terrorism
Art. 101
Article 5, § 1erof the law of 1er April 2007 on insurance against damage caused by terrorism, is supplemented by a paragraph written as follows:
"The Committee, the members of the Committee, as well as the persons performing the tasks assigned to it, shall not be liable for their decisions, actions or behaviour in the exercise of their legal duties except in the event of a dol or heavy misconduct. ".
Art. 102
In section 8 of the Act, subsection 2 is replaced by the following:
"§2. For insurance contracts relating to compensation for damages caused to property and/or its content and/or damages resulting from such damages, compensation shall, without prejudice to section 7, paragraph 1erand § 1er of this article, limited to 75 million euros per year and per insured, regardless of the number of insurance contracts.
The limitation also applies to all movable property that, regardless of location, is assigned to the insured's economic activities.
The subsidiaries and parent companies, referred to in section 6 of the Corporate Code, are considered to be a single and even insured. This same principle is also applicable to a consortium and related companies, referred to in Articles 10 and 11 of the same Code.
This subsection does not apply to housing buildings and other risks to be determined by the King. Where a building is simultaneously intended for housing and other purposes, this subsection does not apply to the housing portion. ".
CHAPTER 12. - Entry into force
Art. 103
Articles 25 to 38, 56 to 59, 73, 79 to 81 and 94 come into force on 1er November 2015.
Art. 104
Article 44 comes into force on the day of the publication of this Act to the Belgian Monitor.
Art. 105
The King fixes the entry into force of Article 91, 1°, which comes into force no later than 1er July 2018.
Art. 106
Articles 91, 3°, and 92, 2° produce their effects on 1er November 2014.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels, October 26, 2015.
PHILIPPE
By the King:
Minister of Economy,
K. PEETERS
Minister of Average Class, Independent and EMPs,
W. BORSUS
The Minister of Finance,
J. VAN OVERTVELDT
The Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
House of Representatives:
(www.lachambre.be)
Documents: 54-1300 (2014/2015)
Full report: October 22, 2015.