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Miscellaneous Provisions Act Financial Materials Referred To In Article 77 Of The Constitution (1)

Original Language Title: Loi portant des dispositions diverses en matière de finances concernant des matières visées à l'article 77 de la Constitution (1)

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belgiquelex.be - Carrefour Bank of Legislation

27 MAI 2014. - Act respecting various financial provisions concerning matters referred to in section 77 of the Constitution (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provisions
Article 1er. § 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
§ 2. This Act provides for the transfer of articles 4, paragraph 7, 56, 58, 68, 72, 143 and 144 of Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 concerning access to the activity of credit institutions and prudential supervision of credit institutions and investment companies, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006//49/EC.
CHAPTER 2. - Amendment of the Act of 22 February 1998 establishing the organic status of the National Bank of Belgium
Art. 2. In section 36/22 of the Act of 22 February 1998 establishing the organic status of the National Bank of Belgium, inserted by the Royal Decree of 3 March 2011, the following amendments are made:
1° to 1°, the words "under articles 10 and 11 of the Act of 22 March 1993 on the Status and Control of Credit Institutions" are replaced by the words "under section 12 of the Act of 25 April 2014 on the Status and Control of Credit Institutions", and the words "in paragraph 1er of Article 10 referred to above shall be replaced by the words "paragraph 1er Article 12 referred to above";
2° to 2°, the words "under Article 34, paragraph 3, of the Act of 22 March 1993 referred to above" are replaced by the words "under Article 86, paragraph 4, of the Act of 25 April 2014 referred to above";
3° to 3°, the words "under Article 57, § 1er, paragraph 2, 1°, 1° bis, 2°, 3° and 4°, and against the equivalent decisions made under Article 75, § 2, and Article 84 of the Act of 22 March 1993 referred to above, are replaced by the words "under Articles 234, § 2, 1° to 10°, 236, § 1er1°, at 6°, and against the equivalent decisions made under sections 328 and 329, and section 340 of the Act of 25 April 2014 referred to above";
4° it is inserted a 3° bis written as follows:
"3° bis at the credit institution against the decisions of the Resolution College made under section 232 of the above-mentioned Act of April 25, 2014; ";
5° to 22°, the words "of Article 57, § 4, of the Law of 22 March 1993 on the Status and Control of Credit Institutions" are replaced by the words "of Article 236, § 6, of the Law of 25 April 2014 on the Status and Control of Credit Institutions";
6° it is inserted a 35° written as follows:
"35° to any person who has been ordered by the Bank under Articles 36/3, § 5, 36/19, paragraphs 5 and 36/30, § 1er, paragraph 2, 2 of this Act, section 109, paragraph 2 of the Act of 6 April 1995 relating to the status and control of investment enterprises, section 74, § 1er, paragraph 3 of the law of 16 February 2009 relating to reinsurance, articles 50, § 2, paragraph 3 and 106, § 2, paragraph 3 of the law of 21 December 2009 relating to the status of payment establishments and electronic currency establishments, access to the activity of service provider of payment, the activity of e-currence and access to payment systems, of article 346, § 2 of the law ".
Art. 3. This chapter comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER 3. - Amendment of the laws on the Council of State, coordinated on 12 January 1973
Art. 4. In Article 30 of the Laws on the Council of State, coordinated on 12 January 1973, last amended by the Royal Decree of 3 March 2011, a § 2quater is added as follows:
§ 2quater. The King shall, by order deliberately in the Council of Ministers, establish the rules of the accelerated procedure applicable to the remedies referred to in article 36/45, § 2 of the Act of 22 February 1998 establishing the organic status of the National Bank of Belgium, by derogating as necessary in paragraph 1er and articles 14, 17, 18, 21, 21bis and 90.
It sets out, inter alia, the time limit for the applicant to file a waiver, the time limits in which each party must submit its submission, and the time limit in which the Council of State must decide. It can set specific rules of composition of the rooms. ".
Art. 5. This chapter comes into force on the day of the publication of this Act to the Belgian Monitor.
CHAPTER 4. - Assent to the cooperation agreement of 18 April 2014 between the Federal State, the Flemish Region, the Walloon Region and the Brussels Capital Region concerning the Structure of Coordination of Heritage Information
Art. 6. Assent is given to the cooperation agreement of 18 April 2018 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the Structure of Coordination of Heritage Information.
Art. 7. This chapter comes into force on the day of the publication to the Belgian Monitor of the last act of consent of the parties to this Agreement.
Promulgation of this Act, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 27 May 2014.
PHILIPPE
By the King:
Minister of Economy,
J. VANDE LANOTTE
The Minister of the Interior,
Ms. J. MILQUET
The Minister of Justice,
Ms. A. TURTELBOOM
Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 53-3521
Full report: 3 April 2014
Senate (www.senate.be):
Document: 5-2843
Annales du Senate : April 24, 2014