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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015011409&caller=list&article_lang=F&row_id=200&numero=210&pub_date=2015-10-30&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-10-30 Numac: 2015011409 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy October 26, 2015. -Law amending the Code of economic law and introducing various other amending provisions (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1 this law regulates a matter referred to in article 74 of the Constitution.
CHAPTER 2. -Changes of the Economic Law Code Section 1st. -Amendments to 1 book art. 2. in Chapter 5, article I.9, economic law code, inserted by the law of April 19, 2014, the following changes are made: 1 ° the 36 is replaced by the following: "36 ° tied agent: a credit intermediary acting on behalf and under the full and unconditional a single lender; responsibility";
2 ° the 37 is replaced by the following: "37 ° broker of credit: one credit intermediary, other than a tied agent, a sub-agent or an agent on an ancillary basis, exercising its intermediation activities apart from any contract of exclusive agency or any other legal obligation requiring it to place all or a specific part of its production from one or more lenders;";
3 ° in 69 °, the words "article VII.127" shall be replaced by the words "article VII.148";
4 ° in the 71 °, the words "article 1, paragraph 2, of the law of 22 March 1993 on status and control of credit institutions ' shall be replaced by the words"article 1, § 3, of the Act of April 25, 2014 the status and control of credit institutions";
5 ° 74 ° is supplemented by the words ", other than a subagent";
6 ° article is supplemented by the 82 ° and 83 ° written as follows: "82 ° law of April 25, 2014: Act of April 25, 2014 the status and control of credit institutions;"
83 ° law of 6 April 1995: law of 6 April 1995 on the status and control of investment firms. "."
S. 3 in Chapter 6, article I.9 of the same Code, the following changes are made: 1 ° in the Dutch text of the 7th, the words 'ijken, testen, certificeren in inspecteren'; are replaced by the words 'kalibratie proeven certificatie in keuring',
2 8 ° ° is repealed;
3 ° in the Dutch text of the 12 ° the word 'control' is replaced by the word "inspectie".
S.
4. article I.19 of the same Code, inserted by the law of April 4, 2014, is supplemented by a 5 °, as follows: "5 ° durable medium: all instrument allowing to the consumer or the company to store information that addressed personally in a way to reference later during a period of time adequate for the purposes for which the information is intended, allowing the the unchanged reproduction of the information stored.".
Section 2. — Amendment of book V s. 5. article V.10 of the same Code, inserted by the law of April 3, 2013 is supplemented by a paragraph 8 as follows: "§ § 8 8 ' The Minister may prescribe the communication without travel agents commissioned by him to all books, records and other accounting documents which the holding is prescribed by or under legislation. "."
Section 3.
-Changes of Book VI s. 6. in article VI.8 of the Code inserted by the law of December 21, 2013, the words "by European Union regulations that supersede the provisions of this book or the aforementioned execution orders" are inserted between the words "information and the protection of the consumer," and the words "and the operating instructions".
S. 7. in Book VI, title 2, Chapter 6 of the same Code, inserted by the law of December 21, 2013, section 1 containing the VI.18 to VI.21 articles, is repealed.
S. 8. in article VI.23 of the Code inserted by the law of December 21, 2013, paragraph 4 is repealed.
S. 9. in article VI.26 of the Code inserted by the law of December 21, 2013, paragraphs 2 and 3 are repealed.
S.
10 in article VI. 67, § 2, of the same Code, inserted by the law of December 21, 2013, paragraph 2 is repealed.
S. 11. in article VI.83, 23 °, of the same Code, inserted by the law of December 21, 2013, the words "Regulation (EC) No 44/2001 of the Council of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ' are replaced by 'Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction the recognition and enforcement of judgments in civil and commercial matters".
S.
12A article VI.110, of the same Code, inserted by the law of December 21, 2013, the following changes are made: 1 °, paragraph 2 is replaced by the following: "§ § 2 2" Without prejudice to article XII.13, unsolicited for purposes of direct marketing, communications carried out by other techniques than those referred to in paragraph 1 or determined pursuant to, are permitted only in the absence of obvious recipient opposition, natural or legal person or in case subscribers subject to the provisions laid down in articles VI.111 to VI.115. ";
2 ° article is supplemented by paragraphs 3 and 4 worded as follows: "§ § 3 3" No fees will be charged to the recipient due to the exercise of the right of opposition.
§ 4. When sending any advertising using a means of communication referred to in paragraph 2, it is forbidden to conceal the identity of the company on whose behalf the communication is made. "."
Section 4. -Changes of Book VII s.
13A section VII.3, § 3, 5 °, of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° "law of 2 August 2002" shall be replaced by the words "law of 6 April 1995";
2 ° the words "article 1, paragraph 2, 1 ° of the law of 22 March 1993 on the status and control of credit institutions ' shall be replaced by the words"article 1, § 3, of the Act of April 25, 2014 the status and control of credit institutions".
S. 14. in the Dutch text of the heading of sub-section 2 of section 3 of Chapter 3 of title 3, of Book VII of the Code inserted by the law of April 19, 2014, "voor de uitvoering" shall be replaced by the words 'na uitvoering'.
S. 15. in article VII.69, § 2, paragraph 2, of the same Code, inserted by the law of April 19, 2014, "the current credit amounts" shall be replaced by the words "the amount receivable current appropriations".
S. 16. article VII.72 of the Code, inserted by the law of April 19, 2014, is replaced by the following: 'article VII.72. articles VII.70, VII.71, VII.74 and VII.75, do not apply to suppliers of goods or service providers acting as agent on an ancillary basis. This provision is without prejudice to the obligation to the lender to ensure that the consumer receives effectively the pre-contractual information referred to in those articles.
Paragraph 1 does not apply to the officer on an ancillary basis which offers both a credit agreement and a payment instrument that can be used out of his establishment or a credit agreement that is not intended, totally or partially, for the purchase of goods or services offered by him. "."
S. 17 A article VII.78, § 1, of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° to the paragraph 1, the words ", referred to in article XII.25 § 4," are repealed;
2 ° paragraph be supplemented by a paragraph, as follows: "the electronic signature referred to in paragraph 1 is:-by an advanced electronic signature realized based on a qualified certificate designed by means of a secure electronic signature creation device, referred to in article 4, § 4, of the law of 9 July 2001 laying down certain rules for the legal framework for electronic signatures and certification services" , - or by another electronic signature that meets the criteria that the King may establish in order to ensure the identity of the parties, their consent on the content of the credit agreement and the maintenance of the integrity of this contract. In case of dispute, it is the responsibility of the lender to demonstrate that this electronic signature effectively guarantees these functions. "."
S.
18A article VII.79, paragraph 1, of the same Code, inserted by the law of April 19, 2014, "in article VII.121" shall be replaced by the words "in article VII.122".
S.
19. in article VII.86, § 3, paragraph 1, of the same Code, inserted by the law of April 19, 2014, the words "article VII.97, §§ 1 and 3" are replaced by the words "article VII.94, §§ 1 and 3".
S.
20. in article VII.100, § 1, paragraph 1, of the same Code, inserted by the law of April 19, 2014, the words "or a payment account" shall be inserted between the words "opening credit" and the words "then the lender".
S. 21. in article VII.102, of the same Code, inserted by the law of April 19, 2014, 'collective investment bodies covered by the Act of 24 July 2004 on certain forms of collective management of investment portfolios' shall be replaced by the words 'debt investment bodies covered by the law of August 3, 2012 on collective investment undertakings that meet the conditions of Directive 2009/65/EC and to the investment in debt claims'.
S. 22. in article VII.150, paragraph 3, of the same Code, inserted by the law of April 19, 2014, the words "in articles VII.149, paragraph 1" are replaced by the words "in articles VII.149, § 2, paragraph 1".
S.
23

In the french text of article VII.153, of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° in paragraph 2, paragraph 3, the words "by the lender" shall be inserted between the words "has been closed" and the words ", the globalized response";
2 ° in paragraph 4, the words "February 22, 1992 law" shall be replaced by the words "law of 22 February 1998".
S.
24. in article VII.154, of the same Code, inserted by the law of April 19, 2014, the words "referred to in article VII.77, § 1, paragraph 2" shall be replaced by the words "referred to in article VII.149, § 1".
S. 25. article VII.159 of the same Code, inserted by the law of April 19, 2014, paragraph 3 is supplemented by a paragraph as follows: "when the transferee is an organization of mobilization within the meaning of article 2 of the law of August 3, 2012 on various measures to facilitate the mobilization of debts in the financial sector, it is not subject to article VII." 162. the King may provide for additional derogations from paragraph 1 for these same organizations or other legal persons public or financial within the meaning of article 3 of the law of December 15, 2004 on secured financial and various tax provisions in constituent conventions of security and loans relating to financial instruments taking into account including the type of conducted transfer status or the organizing characteristics of the assignee. "."
S. 26. in article VII.164, § 3, paragraph 1, of the same Code, inserted by the law of April 19, 2014, the words "article 19 of the law of 22 March 1993" are replaced by the words "article 20 of the Act of April 25, 2014".
S. 27. in the Dutch text of article VII.166, § 1, of the same Code, inserted by the law of April 19, 2014, "De bedrijfsuitoefeningsvoorwaarden worden" shall be replaced by the words "Onder voorbehoud van de hierna volgende bepalingen, worden bedrijfsuitoefeningsvoorwaarden".
S. 28 in article VII.172, paragraph 1 of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° in the list of lenders in mortgage credit, 3 °, b), 'article 78 of the law of 22 March 1993' shall be replaced by the words "article 332 of the Act of April 25, 2014";
2 ° the list of lenders in consumer credit is replaced by the following: "list of lenders in the 1 ° consumer credit lenders in the Belgian consumer credit approved: a. credit institutions;"
b. investment firms;
electronic money institutions;
d. payment institutions;
e. lenders 'social' (article VII.3, § 4, 2 °);
f. other lenders.
2 ° lenders as credit for consumption of foreign law approved (article VII.176): a. credit institutions governed by the law of States non-members of the European economic area;
b. other lenders of credit for consumption of foreign law.
3 ° lenders in foreign law consumer credit registered (article VII.174): a. institutions of credit governed by the law of other Member States of the European economic area;
b. financial institutions governed by the law of other Member States of European economic area subsidiaries of credit institutions governed by the law of other Member States of the European economic area (article 332 of the Act of April 25, 2014);
c. investment firms governed by the law of other Member States of the European economic area;
electronic money institution governed by the law of other Member States of the European economic area;
e. payment institutions governed by the law of other Member States of the European economic area. '. "
S. 29. in article VII.173 of the Code, inserted by the law of April 19, 2014, 'article 13 of the law of 22 March 1993' shall be replaced by the words "article 14 of the Act of April 25, 2014, either as investment firms on the list provided for in article 53 of the law of 6 April 1995".
S. 30. in article VII.174, § 1, of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° in the paragraph 1, the words 'article 78 of the law of 22 March 1993' shall be replaced by the words "article 332 of the Act of April 25, 2014, investment firms,";
2 ° in paragraph 2, the words 'article 78 of the law of 22 March 1993' shall be replaced by the words "article 332 of the Act of April 25, 2014".
S. 31. in article VII.176 of the Code inserted by the law of April 19, 2014, paragraph 3 is replaced by the following: "§ § 3 3" Sections VII.161 to VII.164, and VII.167 to VII. 169 do not apply to the following lenders referred to in this subsection: 1 ° branches of credit institutions governed by the law of a third State on the list referred to in article 14 of the Act of April 25, 2014;
2 ° branches of investment firms governed by the law of a third State on the list referred to in article 53 of the law of 6 April 1995;
3 ° insurance companies governed by the law of another Member State of the EEA European exercising their activities in Belgium through a branch or free provision of services, included in the list referred to in article 66 of the law of 9 July 1975 on the control of insurance undertakings;
4 ° branches of insurance companies governed by the law of a third State on the list referred to in article 4 of the Act of 9 July 1975 on the control of insurance undertakings;
5 ° electronic money institutions governed by the law of another European economic area Member State which carry out their activities in Belgium through a branch or free provision of services, included on the list referred to in article 91 of the Act of December 21, 2009.
6 ° branches of electronic money institutions governed by the law of a third State, included in the list referred to in article 64 of the law of December 21, 2009.
7 ° payment institutions governed by the law of another Member State of the European economic area that carry on their activities in Belgium through a branch or free provision of services, included on the list referred to in article 39 of the Act of December 21, 2009. "."
S. 32A article VII.181 of the Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° in the paragraph 1, paragraph 1, 2 °, the words 'article 19 of the law of 22 March 1993' shall be replaced by the words "article 20 of the Act of April 25, 2014";
2 ° in paragraph 2, 1 °, the following changes are made: has) the words ", as well as the persons responsible for the effective management" shall be inserted between the words "members of the legal governing body" and the words "of this legal person";
(b) the words 'article 19 of the law of 22 March 1993' shall be replaced by the words "article 20 of the Act of April 25, 2014";
3 ° in paragraph 3, paragraph 1, the words "with a lender or several lenders belonging to the same group" are replaced by the words "to one or more lenders";
4 °, paragraph 4 is replaced by the following: "§ § 4 4" Sub-agents act, in relation to their activity of intermediation in mortgage credit, under the responsibility of full, unconditional of the intermediary mortgage credit for the account of which they act, or a lender in mortgage when they act on behalf of a tied agent. The applicant for a registration as a subagent establishes it in its registration.
Credit intermediary or the lender monitors compliance by the subagent of the provisions of this book and of the orders and regulations made in pursuance thereof. ";
5 ° to the paragraph 6, the following changes are made: a) 1 paragraph is completed with the following sentence "the applicant for a registration as a tied agent establishes it in its Signup folder.";
(b) in paragraph 2, 'The latter' shall be replaced by the words "The lender".
6 ° paragraph 7 is hereby repealed.
S. 33A article VII.182, § 5, paragraph 3, of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° 5 ° is replaced by the following: "5 ° for tied agents: the name of the mortgage lender to which they are related;"
2 ° 6 ° is replaced by the following: "6 ° for subagents: the name of the mortgage intermediary under the responsibility of which they exercise their activities;".
S. 34A article VII.183 of the Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° the Dutch text of the paragraph 1, paragraph 4, is replaced by the following: "of FSMA is bevoegd om beroepskennis na te gaan van verantwoordelijken distributie in personen die voor staan in contact met het publiek, de in deze paragraaf bedoelde bemiddelaars inzake hypothecair krediet" , die bedrijvig zijn in het kader van het vrij verrichten van diensten in andere lidstaten van Europese Economische Ruimte dan België. ";
2 ° in paragraph 5 (3), the words "within the meaning of article I.9, 81 °' shall be replaced by the words"within the meaning of article I.9, 79 °";
3 ° a 5A paragraph worded as follows is added: "§ 5a." Intermediaries referred to in paragraph 2 and which operate in Belgium under the regime of the free provision of services must comply with the following conditions: 1 ° designate one or more officials of the distribution according to the rules established in article VII.180, § 5;
2 ° the King determines the professional knowledge to be met by those responsible for the distribution.

as well as other persons employed through which in any way whatsoever, are in contact with the public within the meaning of article I.9, 79. "."
S. 35. in the french text of article VII.185, § 2, paragraph 2, of the same Code, inserted by the law of April 19, 2014, the word "holds" is replaced by the word "keep".
S. 36 in article VII.186 of the Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° in the paragraph 1, paragraph 1, 2 °, the words 'article 19 of the law of 22 March 1993' shall be replaced by the words "article 20 of the Act of April 25, 2014";
2 ° in paragraph 2, 1 °, the words 'article 19 of the law of 22 March 1993' shall be replaced by the words "article 20 of the Act of April 25, 2014";
3 ° in paragraph 3, paragraph 1, the words "with a lender or several lenders belonging to the same group" are replaced by the words "to one or more lenders";
4 °, paragraph 5 is replaced by the following: "§ § 5 5" The tied agent is, in relation to its activity of mediation in consumer credit, the responsibility of full, unconditional of a consumer credit lender. The applicant for a registration as a tied agent establishes it in its registration.
The lender monitors compliance by the agent bound by the provisions of this book and of the orders and regulations made pursuant to it. "."
S. 37. in article VII.187, § 1, 2 °, of the same Code, inserted by the law of April 19, 2014, the words "article 19 of the law of 22 March 1993" are replaced by the words "article 20 of the Act of April 25, 2014".
S. 38 article VII.188, § 5, of the same Code, inserted by the law of April 19, 2014, the following changes are made: 1 ° paragraph 3 is replaced by the following: "the register indicates for each intermediary in consumer credit: 1 ° the data necessary for its identification;"
2 ° the date of its registration;
3 ° the category in which it is registered;
4 ° where appropriate, the date of its cancellation;
5 ° the name of distribution managers;
6 ° for the tied agents: the name of the lender in consumer credit to which they are related;
7 ° any other information than the FSMA considers useful for a correct information to the public. ";
2 ° 2 ° paragraph 4 is replaced by the following "The FSMA determines the conditions under which the mention of the cancellation of an intermediary is removed from the web site.".
S. 39. in article VII.195, paragraph 3, of the same Code, inserted by the law of April 19, 2014, "in article VII.109" shall be replaced by the words "in article VII.110".
S. 40. in article VII.196, paragraph 2, of the same Code, inserted by the law of April 19, 2014, 'article 78 of the law of 22 March 1993' shall be replaced by the words "article 332 of the Act of April 25, 2014".
S. 41. in article VII.201, 2 °, of the same Code, inserted by the law of April 19, 2014, "in VII.112" shall be replaced by the words "VII.112 and VII.113, § 1".
S. 42. in article VII.208 of the Code inserted by the law of April 19, 2014, the words "article VII.114" are replaced by the words "article VII.113".
S. 43. in article VII.209, § 4, first indent, of the same Code, inserted by the law of April 19, 2014, 'article 78 of the law of 22 March 1993' shall be replaced by the words "article 332 of the Act of April 25, 2014".
S. 44. article VII.216 of the same Code, inserted by the Act of April 19, 2014, is supplemented by a paragraph, as follows: "payment service providers are required to adhere to this mediation service.".
Section 5. — Amendment of book IX s. 45. in article IX.7, paragraph 1, 2 °, of the same Code, inserted by the Act of April 25, 2013, "to the consumer' shall be replaced by the words" user".
Section 6. — Amendment of book XII s. 46. in article XII.15, § 2, second indent, of the same Code, inserted by the law of December 15, 2013, the words "in article XII.25 § 4" shall be replaced by the words 'or in article 4, § 4, of the law of 9 July 2001 laying down certain rules for the legal framework for electronic signatures and certification services'.
Section 7. -Changes of book XIV s.
47. in book XIV, title 2, Chapter 4, of the same Code, inserted by the law of May 15, 2014, section 1 containing the articles XIV.10 to XIV.13, is repealed.
S. 48. in article XIV.41, § 2, of the same Code, inserted by the law of May 15, 2014, paragraph 2 is repealed.
S.
49. in article XIV.50, 23 °, of the same Code, inserted by the law of May 15, 2014, the words "Regulation (EC) No 44/2001 of the Council of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ' are replaced by 'Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
S. 50A article XIV.77 of the Code, inserted by the law of May 15, 2014, the following changes are made: 1 °, paragraph 2 is replaced by the following: "§ § 2 2" Without prejudice to article XII.13, unsolicited for purposes of direct marketing, communications carried out by other techniques than those referred to in paragraph 1 or determined pursuant to, are permitted only in the absence of manifest of the recipient, physical or legal person opposition and, with regard to the subscribers, subject to the provisions laid down in articles XIV.78 to XIV.82. ";
2 ° article is supplemented by paragraphs 3 and 4 worded as follows: "§ § 3 3" No fees will be charged to the recipient due to the exercise of the right of opposition.
§ 4. When sending any advertising using a means of communication referred to in paragraph 2, it is forbidden to conceal the identity of the person exercising a liberal profession on whose behalf the communication is made. "."
Section 8. -Changes of book XV s. 51. in article XV.2, § 2, paragraph 2, of the same Code, inserted by the law of November 20, 2013, the words "by letter" are replaced by the words "by sending recommended with acknowledgement of delivery".
S. 52A article XV.5 of the same Code, inserted by the law of November 20, 2013, the following changes are made: 1 ° paragraph 2 is supplemented by three paragraphs worded as follows: "this sealed must be confirmed by the public prosecutor within a period of fifteen days.
Absence of confirmation by the Crown, under seal is lifted ipso jure. The person in the hands of which the objects are sealed may consist in judicial guardian.
Sealed can give rise to constitution of goalkeeper on the spot designated by officers referred to in article XV.2.";
2 ° in paragraph 4, the words "or the placing under seal" are inserted between the words "seizure" and the words "he has ordered";
3 ° in operative paragraph 5, the words "or the placing under seal" shall be inserted between the words "Seizure" and the words "is lifted ipso jure".
S. 53. in article XV.14 of the Code inserted by the law of December 21, 2013, "in article XV.83, 7 °' shall be replaced by the words" article XV.83, 8 °".
S. 54. at article XV.18, § 1, of the same Code, inserted by the law of April 19, 2014, "provisions of Book VII" shall be replaced by the words "provisions of Book VII, title 3,".
S. 55. in article XV.31, § 1, paragraph 2, of the same Code, inserted by the law of November 20, 2013, the words "finding of facts" are replaced by the words "warning".
S.
56. in article XV.57/1, paragraph 1 of the same Code, inserted by the law of November 20, 2013, the words "article 19 of the law of 22 March 1993 on the status and control of credit institutions" are replaced by the words "article 20 of the Act of April 25, 2014 to the status and control of credit institutions".
S. 57. in book XV, title 2, Chapter 2, of the same Code, there shall be inserted a section 2 with article XV.66, titled: "Section 2. Administrative sanctions in the context of Book VII".
S. 58A section XV.67/3 of the same Code, inserted by the law of November 20, 2013, the following changes are made: 1 ° in the paragraph 1, paragraph 1, 'article 75, § 5, of Act of 22 March 1993 on the status and control of credit institutions' shall be replaced by the words "article 329, § 5, of the Act of April 25, 2014 the status and control of credit institutions";
2 ° in the paragraph 1, paragraph 2, the words 'article 75, § 4, of the law of 22 March 1993' shall be replaced by the words "article 329, § 6, of the Act of April 25, 2014 the status and control of credit institutions";
3 in paragraph 2, paragraph 1, the words 'article 75, § 5, of the law of 22 March 1993' shall be replaced by the words "article 329, § 5, of the Act of April 25, 2014 the status and control of credit institutions".
S. 59. in article XV.68 of the Code inserted by the law of November 20, 2013, paragraph 2 is replaced by the following: "§ § 2 2" Where the FSMA finds as an intermediary in mortgage credit from foreign law referred to in article VII.183, § 2, fails to comply with article VII.183, § 5A, or when the FPS economy indicated the FSMA by a reasoned notification, after having heard the person concerned, that such an agent is not complying with the provisions of general interest, other than the Book VII which are applicable the FSMA informs the competent authority of the Member State of origin of this intermediate and asks him to take appropriate measures. "."
S. 60

In article XV.69 of the Code, inserted by the law of November 20, 2013, the words ", without exception of Chapter VII and article 85", shall be inserted between the words "Book I of the penal Code" and the words "are applicable to the".
S.
61. in article XV.83 of the Code inserted by the law of December 21, 2013 and amended by the law of May 15, 2014, 4 is repealed.
S. 62. in article XV.124 of the Code inserted by the law of May 15, 2014 and amended by the Act of 15 may 2014 2 ° is repealed.
S.
63. article XV.127 of the Code, inserted by the law of April 4, 2014 is renumbered as article XV.125.
Section 9. -Changes of book XVI s. 64A article XVI.2 of the same Code, inserted by the law of April 4, 2014, the following changes are made: 1 ° in the Dutch text the words "wanneer een terzake bevoegde dienst bestaan" are replaced by the words "en voor zover een klachtendienst bestaan";
2 ° the words "information and where such a service exists, the telephone and fax number and e-mail address of the competent authority in the matter" shall be replaced by the words "in addition to the information referred to in article III.74 and provided that a complaints service exists, the telephone and fax number and e-mail address of the person".
S. 65. article XVI.4, § 3, paragraph 1, of the same Code, inserted by the law of April 4, 2014, is supplemented by the following sentence: "When the entity is not qualified, the coordinates of the mediation Service for the consumer referred to in article XVI.5 are communicated.".
S. 66. article XVI.14 of the same Code, inserted by the law of April 4, 2014, is supplemented by the words "and, on demand, on a durable medium.".
S.
67. in article XVI.25 of the Code inserted by the law of April 4, 2014, paragraph 3 is replaced by the following: "§ § 3 3" "The King may specify the conditions listed in paragraph 1 in order to ensure the accessibility of qualified entities, their competence, their independence, their impartiality, their transparency, their efficiency, their fairness and freedom of the parties and the legality of decisions taken by a qualified entity imposed upon the parties".
S. 68. in the same Code, it is inserted an article XVI.26/1 as follows: "article XVI.26/1. When the qualified entity offers a procedure that aims to resolve a dispute by proposing a solution or by intervening between the parties so that they find one, the parties may withdraw from the process at any time if they are not satisfied its conduct or its operation.
If the participation of the company is required under the Act, the Faculty of withdrawal referred to in paragraph 1 applies only to the benefit of the consumer. "."
S. 69. in the same Code, it is inserted a section XVI.26/2 as follows: "Art.XVI.26/2. When the qualified entity offers a procedure that aims to resolve a dispute by imposing a solution on the parties: 1 ° the imposed solution is binding on the parties unless they 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 undertaking is not required if the law or contractual commitments provide that the solutions are binding on undertakings;
2 ° the binding solution could not be imposed on the consumer under an agreement with the company to provide for the settlement of possible disputes if this agreement was concluded before the dispute arose, and this has the effect of depriving the consumer to bring proceedings before the judge;
3 ° the imposed solution can have the effect of depriving the consumer of the benefit of the protective imperative provisions of his rights in accordance with Belgian law;
4 ° in case of conflict of laws, where the law applicable to the contract of sale or service which investigated the application of ADR dispute is determined in accordance with article 6, paragraphs 1 and 2 of Regulation (EC) no 593/2008, the imposed solution can have the effect of depriving the consumer of the protection afforded to it by the rules to which it cannot be derogated from by agreement under the law of the State Member of the European Union in which the consumer has his habitual residence;
5 ° in the case of conflict of laws, where the law applicable to the contract of sale or service which is the subject of the request for out-of-court settlement of disputes determined in accordance with article 5, paragraphs 1 to 3, of the convention of Rome of 19 June 1980 on the law applicable to contractual obligations, the solution imposed by an entity of REL does not have the effect of depriving the consumer of the protection ensured by mandatory provisions of the law of the Member State in which he has his habitual residence. "."
S.
70. in the same Code, it is inserted an article XVI.26/3 as follows: "article XVI.26/3.
The qualified entity shall take the necessary measures to guarantee that the processing of personal data complies with the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data. "."
Section 10. -Amendments to the book XVII art.
71. in article XVII.37 of the Code inserted by the law of March 28, 2014, the following changes are made: 1 8 ° ° is replaced by the following: "8 ° part 4 of the Insurance Act of April 4, 2014";
2 ° article is supplemented by a 32 ° as follows: "32 ° Act of August 28, 2011 on the protection of consumers in respect of contracts for the use of timeshare, holiday long term, resale and exchange products.".
CHAPTER 3. -Amendment of the law of April 19, 2014 for insertion of the book XI 'Intellectual property' in the Code of economic law, and on the insertion of the provisions in book XI in books I, XV and XVII of the same Code Art. 72. in article 32, paragraph 2, of the Act of 19 April 2014 with insertion of the book XI 'Intellectual property' in the Code of economic law, and bearing insertion of provisions specific to the book XI in the books I, XV and XVII of the Code, the words "-the Act of 20 May 1975 on the protection of new varieties of plants, as amended by the law of 10 May 2007 concerning aspects of procedural law of the protection of the rights" intellectual property"shall be inserted between the words"-article 53 of the law of January 10, 2011, under the Treaty on the law of patents of invention and the Act revising the Convention on the grant of European patents, and amending various provisions on patents of invention; "and the words"-the law of January 10, 2011, on the protection of new varieties of plants (not entered into force); ".
CHAPTER 4. -Amendments to the law of April 19, 2014 with insertion of Book VII "Payment and credit Services" in the Code of economic law, on insertion of specific definitions in Book VII and the penalties relating to offences in Book VII, in books I and XV of the Code of economic law and on the various other provisions art. 73A article 54, § 5, of the Act of April 19, 2014 on the insertion of Book VII "Payment and credit Services" in the Code of economic law, on insertion of specific definitions in Book VII and the penalties relating to offences in Book VII, in books I and XV of the Code of economic law and on various other provisions , the following changes are made: 1 ° the Dutch text of paragraph 1 is replaced by the following: "§ § 5 5" Binnen een termijn van achttien maanden na inwerkingtreding van boek VII, titel 4, hoofdstuk 4 in paragraaf dienen 4 bedoelde personen of FSMA evenwel om een down vergunning als kredietgever of om een inschrijving als kredietbemiddelaar te verzoeken. ";
2 ° paragraph 2 is replaced by the following: "lack of filing an application for accreditation or registration within the time limit provided for in paragraph 1, the provisional approval or the provisional authorisation referred to in paragraph 4, shall end right. When an application for accreditation or registration was introduced within the time limit provided for in paragraph 1, the provisional approval or the provisional authorisation referred in paragraph 4 takes end of right in the event of refusal of approval or registration by the FSMA. ";
3 ° paragraph 5 is supplemented by four paragraphs, worded as follows: "intermediaries credit for consumption which, at the date of entry into force of Book VII, Title 4, Chapter 4 of the Code of economic law, exercise the activity of intermediation in credit consumption since less than a year and were regularly registered with the FPS economy in accordance with the law of 12 June 1991 on consumer credit are temporarily allowed to continue this activity.
Mortgage intermediaries which, on the date of entry into force of Book VII, Title 4, Chapter 4, exercise the activity of intermediation in mortgage credit for less than a year, are temporarily allowed to continue this activity.
However, persons referred to in paragraphs 1 and 2 are required to solicit to the FSMA an inscription as an intermediary in the two months of the entry into force of Book VII, Title 4, Chapter 4.
Lack of filing an application for registration within the period prescribed in paragraph 5, the provisional authorisation terminates of right. When an application for registration was lodged within the time limit referred to in paragraph

5, the provisional authorisation terminates of right in the event of refusal of registration by the FSMA. "."
S. 74. in article 56 of the Act, "in article 47" shall be replaced by the words "article 53".
Chapter 5 amendments to the mortgage law of December 16, 1851, s. 75 in article 81quater of the mortgage law of December 16, 1851, inserted by the law of April 19, 2004, the following changes are made: 1 ° in paragraph 1, 2 °, "law of 22 March 1993 on the status and control of credit institutions" shall be replaced by the words "Act of April 25, 2014 the status and control of credit institutions";
2 ° in paragraph 2, paragraph 4, the words "by the consumer" shall be replaced by the words "by the debtor";
3 ° in paragraph 4, 1st subparagraph, french text, the words "the consumer" are each time replaced by the words "the debtor".
S. 76. in article 81decies, § 1, of the Act, inserted by the law of April 19, 2014, the words "article 64/20, § 2, of the law of 22 March 1993 on status and control of credit institutions" shall be replaced by the words "article 15 of annex III to the Act of April 25, 2014 on the status and control of credit institutions".
S. 77. in section 81undecies of the Act, inserted by the law of April 19, 2014, 'article 31 of the law of 22 March 1993 on the status and control of credit institutions' shall be replaced by the words "article 78 of the law of April 25, 2014 on the status and control of credit institutions".
CHAPTER 6. -Changes of Code judiciary art.
78A article 589 of the Judicial Code, as last amended by the Act of March 26, 2014, the following changes are made: a) 3 ° is repealed;
b) the words "14 ° in articles 27, § 2, 159, § 5, and 160, last paragraph, of the law of 20 July 2004 on certain forms of collective management of investment portfolios" are replaced by the words "15 ° in articles 207, § 6, and 271/12, § 2, paragraph 4, of the law of August 3, 2012 on collective investment undertakings which meet the conditions of Directive 2009/65/EC and to the investment in debt claims;";
(c) there shall be inserted a 15 ° as follows 1: "15 ° 1 in article 321, § 6, of the law of April 19, 2014 on organizations of hedge funds and their managers;".
(d) the 17 ° is repealed.
CHAPTER 7. -Changes of the Act of 11 January 1993 on the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism article 79. in article 16, § 3, of the Act of 11 January 1993 on the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism, inserted by the Act of January 18, 2010 and amended by the Act of April 25, 2014, the words "article 2, paragraph 1, 4 ° to 15 °" each time are replaced by the words "article 2 , § 1, 4 ° to 16 ° '. "
S. 80. in article 19 of the same Act, inserted by the Act of January 18, 2010 and amended by the Act of April 25, 2014, '14 °, 15 ° and 22 °' shall be replaced by the words "15 °, 16 ° and 22 °".
S. 81. at article 39, § 1, paragraph 1, of the Act, inserted by the Act of January 18, 2010 and modified by the law of November 26, 2011, the following changes are made: 1 ° the words "sections 2, § 1, 1 °, 2 °, 4 ° to 15 °, 3 and 4" shall be replaced by the words "articles 2, § 1, 1 °, 2 °, 4 ° to 16 ° and 22 °" 3 and 4 ";
2 ° the words "in articles 2, § 1, 16 °-19 °" are replaced by the words "in article 2, § 1, 17 °-19 ° '.
CHAPTER 8. -Amendments to the insurance article Act of April 4, 2014
82. article 5 of the Insurance Act of April 4, 2014 is completed by the 51 ° as follows: ' 51 ° "the Act of April 25, 2014": status and control of credit institutions act of April 25, 2014 ".
S. 83 A section 20 of the Act, the following amendments are made: 1 ° in paragraph 1, a) is replaced by the following: 'a) alternative investment funds shares, included in the list referred to in article 200 or section 260 of the Act of April 19, 2014 alternative collective investment undertakings and their managers ,";
2 ° in paragraph 2, the words "as referred to in titles II to V of Act of 22 March 1993 on the status and control of credit institutions" shall be replaced by the words "as referred to in Books II and III of the Act of April 25, 2014";
3 ° in paragraph 3, the following changes are made: a) "as referred to in titles II to V of Act of 22 March 1993 on the status and control of credit institutions" shall be replaced by the words "as referred to in Books II and III of the Act of April 25, 2014";
b) the words "in bonds not subordinated, non-exchangeable and non-convertible or in other financial products fixed income" shall be replaced by the words "in bonds or other financial products fixed income non-subordinated non-exchangeable and non-convertible".
S. 84. in article 43, § 1, of the Act, "article 2, 3 ° of the law of April 6, 2010 on market practices and consumer protection" shall be replaced by the words "article I.1, 2 ° of the Code".
S.
85 in article 57, § 5, paragraph 1, of the Act, the words "Chapter 3, section 2, of the law of April 6, 2010 on market practices and consumer protection" shall be replaced by the words "title 3, Chapter 2, of Book VI of the Code".
S. 86. the section 68 of the Act is supplemented by a paragraph 2 as follows: "the amounts paid can be released on special permission from the Justice of the peace, at the request of the guardian or the administrator of estates under the same rules as those applicable to the situations referred to in articles 410, § 1, 14 °, or 499/7, § 2, of the civil Code.".
S. 87. article 204, § 1, of the Act, is supplemented by a paragraph worded as follows: "Notwithstanding paragraph 1, the insurer may, in the interests of insured persons and with the agreement of the policyholder, amend the contract of insurance, due to application of new regulations.".
S.
88 A 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, § 1".
S.
89. article 246 of the Act is supplemented by a paragraph 5, worded as follows: "the amounts paid can be released on special permission from the Justice of the peace, at the request of the guardian or the administrator of estates under the same rules as those applicable to the situations referred to in articles 410, § 1, 14 °, or 499/7, § 2, of the civil Code.".
S.
90. in the Act, it is inserted an article 261 bis worded as follows: "Art.261bis.
If insurance companies have knowledge elements that may call into question the compliance of the conditions of registration laid down in this Act in the head of an insurance intermediary or in reinsurance which they call or have appealed, they shall immediately inform those elements to the FSMA.
The same communication is made to the FSMA if they become aware that someone presents itself as an insurance or reinsurance intermediary without being registered in the register provided by this Act. "."
S.
91a section 268 of the Act, the following amendments are made: 1 ° in the 1st paragraph, paragraph 1, is completed by the 10 ° as follows: "10 ° communicate to the FSMA one e-mail address professional attended the FSMA has the ability to properly address all communications, individual or collective, that it operates in pursuance of this Act.";
2 ° in paragraph 2, the words "article 19 of the law of 22 March 1993 on the status and control of credit institutions" shall be replaced by the words "article 20 of the Act of April 25, 2014";
3 ° paragraph 2 is supplemented by a paragraph worded as follows: "it may also have been declared bankrupt, unless they have been rehabilitated. For the purposes of this provision, shall be assimilated to the bankrupt, directors and managers of a commercial company declared in a State of bankruptcy, including the resignation will not appear in the annexes to the Moniteur belge a year at least before the declaration of bankruptcy and any person who, without being administrator or Manager, will have actually held the power to manage the company declared bankrupt. "."
S. 92A article 269 of the Act, the following amendments are made: 1 ° in the paragraph 1, 1 °, the words "article 19 of the law of 22 March 1993 on the status and control of credit institutions" shall be replaced by the words "article 20 of the Act of April 25, 2014";
2 ° article is supplemented by a paragraph worded as follows: "the persons referred to in paragraph 1, 1 ° cannot have been declared bankrupt, unless they have been rehabilitated." For the purposes of this provision, shall be assimilated to the bankrupt, directors and managers of a commercial company declared in a State of bankruptcy, including the resignation will not appear in the annexes to the Moniteur belge a year at least before the declaration of bankruptcy and any person who, without being administrator or Manager, will actually

held the power to manage the company declared bankrupt. "."
S. 93. article 270, § 1, 2 °, paragraph 1, of the same law is completed with the following sentence: "Without prejudice to paragraph 5, the required practical experience must have been acquired in its entirety during the six year period preceding the date of submission of the application for registration as an intermediary of insurance and the period of ten years prior to the date of submission of the application for registration as a reinsurance intermediary.".
S.
94. article 293, § 2, of the Act is supplemented by a paragraph worded as follows: ' the FSMA may validly notify the decisions referred to in paragraph 1 using pre-printed forms bearing a signature reproduced by a mechanographical process. ".
S. 95A article 302, paragraph 3, of the Act, the following amendments are made: 1 ° paragraph 1, is supplemented by the following sentence: "representatives and the independent expert shall be appointed by the Minister for a term of six years. The Minister shall designate for each representative and for the independent expert, an alternate. ";
2 ° in article 2, 4 is replaced by the following: "4 ° exercise general supervision over the specific cell that provides the secretariat of the Office of the follow-up of pricing referred to article 217, § § 5 5".
S.
96. article 308 of the same Act is supplemented by a paragraph 3 as follows: "§ § 3 3" All information from the head of offence under this Act or any of the provisions referred to in article 20 of the Act of April 25, 2014, against an intermediary of insurance or of reinsurance, a senior manager with such an intermediate, or a head of distribution with an as intermediary or in an undertaking regulated, within the meaning of this Act , and any information of count under this Act against any other person or entity, must be brought to the attention of the FSMA by the judicial authority which is before it.
Any criminal action of the head of the offences referred to in paragraph 1 must be brought to the attention of the FSMA at the instance of the Crown. "."
CHAPTER 9. -Amendment of the law of 22 December 2009 amending the law of 2 August 2002 on the supervision of the financial sector and financial services and introducing an action for termination of violations of the Act of 10 December 2009 payment services s. 97. article 4 of the law of 22 December 2009 amending the law of 2 August 2002 on the supervision of the financial sector and financial services and introducing the action for termination of infringements to the payment services act of December 10, 2009, is repealed.
CHAPTER 10. -Amendments to the law of November 13, 2011 on compensation for physical and moral damage resulting from a technological accident article
98. article 2, paragraph 1, of Act of November 13, 2011 on compensation for physical and moral damage resulting from a technological accident is complemented by a 9 °, as follows: "9 °"FSMA": the authority of financial markets and services referred to in article 44 of the law of 2 August 2002 on the supervision of the financial sector and financial services.".
S.
99. article 4 of the same Act is supplemented by paragraph 4 as follows: "§ § 4 4" The Comité des sages, members of this Committee as well as the people running the tasks assigned to it, incur no liability because of their decisions, acts or behaviour in the performance of their legal except in case of fraud or gross negligence. "."
S. 100a article 16 of the Act, the following amendments are made: 1 ° in paragraph 4, subparagraph 2 is replaced by the following: "market share is determined on the basis of cash made in Belgium in class 13 of schedule first of the royal decree of 22 February 1991 on the general regulation on the control of insurance undertakings during the year in which occurs the exceptional claim and, as this collection is not known, the last known year. Cash is reduced by the cash to insurance contracts covering damage excluded from the scope of this Act and which are part of the same branch. For international programs, only collection pertaining to the Belgian risks must be taken into account. ";
2 ° in the same paragraph, paragraph 4 is replaced by the following: "cashing in Belgium during a calendar year in the 13 branch must be certified by an approved person responsible for the statutory audit of accounts and communicated to the Fund by these companies before 1 August of each year."
3 ° article is supplemented by a paragraph 7 as follows: "§ § 7 7" The FSMA ensures the control of compliance with paragraphs 2 to 6 of this article by the insurance companies. "."
CHAPTER 11. -Amendments to the law of 1 April 2007 on insurance against damage caused by terrorism article 101. article 5, § 1, of the law of 1 April 2007 relating to insurance against damage caused by terrorism, is supplemented by a paragraph as follows: "The Committee, the members of the Committee so that persons performing the tasks assigned to it, incur no liability because of their decisions, acts or behaviour in the performance of their legal except in case of fraud or gross negligence.".
S. 102. in article 8 of the same Act, paragraph 2 is replaced by the following: "§ § 2 2" For insurance contracts for things pertaining to the compensation of damage caused to properties and/or their content or damage from such damage, compensation is without prejudice to article 7, paragraph 1, and § 1 of this section, limited to EUR 75 million, regardless of the number of insurance contracts maximum per year and per insured person.
The limitation applies also to all movable property which, regardless of their location, are assigned to the economic activities of the insured.
Subsidiaries and parent companies, referred to in article 6 of the Code of corporations are considered to be a single insured. This same principle is also apply to a consortium and corporations, referred to in articles 10 and 11 of the same Code.
This paragraph shall not apply to buildings intended for housing and other risks to be set by the King. When a building is simultaneously aimed at housing and other purposes, this paragraph does not apply to the part intended for housing. "."
CHAPTER 12. -Entry into force art. 103. the articles 25 to 38, 56-59, 73, 79-81 and 94 come into force November 1, 2015.
S.
104. article 44 comes into force the day of the publication of this Act in the Moniteur belge.
S.
105. the King fixed the entry into force of article 91, 1 °, which shall enter into force no later than 1 July 2018.
S. 106. articles 91, 3 °, and 92, 2 ° shall take effect on 1 November 2014.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, October 26, 2015.
PHILIPPE by the King: the Minister of the economy, K. PEETERS, the Minister of the Middle Classes, the self-employed and SMEs, W. BORSUS Finance Minister, J. VAN OVERTVELDT the Minister of Justice, K. GARG sealed with the seal of the State: the Minister of Justice, K. GARG _ Note House of representatives: (www.lachambre.be) Documents: 54-1300 (2014/2015) full report : October 22, 2015.