Law Organising Appeals Against Certain Decisions Of The Fsma Taken By Application Of Book Vii Or Book Xv Of The Code Of Economic Law And Amending The Law Of 2 August 2002 On The Supervision Of The Financial Sector And Financial Services)

Original Language Title: Loi organisant les recours contre certaines décisions de la FSMA prises par application du livre VII ou du livre XV du Code de droit économique et modifiant la loi du 2 août 2002 relative à la surveillance du secteur financier et aux services financiers (

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belgiquelex.be - Carrefour Bank of Legislation

19 AVRIL 2014. - An Act to make appeals against certain decisions of the MSDS made pursuant to Book VII or Book XV of the Economic Law Code and to amend the Act of 2 August 2002 on the supervision of the financial sector and financial services (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Article 121, paragraph 1erParagraph 1er, 4°, of the Act of 2 August 2002 on financial sector surveillance and financial services, as last amended by the Royal Decree of 12 November 2012, the words "of Articles XV. 31/3 or XV.66 of Book XV of the Code of Economic Law are inserted before the words "and in application of any other legal provision".
Art. 3. Section 122 of the Financial Sector Supervision and Financial Services Act of August 2, 2002, as last amended by the Act of July 31, 2013, the following amendments are made:
(a) the article is supplemented by numbers 46° to 51°, as follows:
"46° to the applicant for approval, against the decisions made by the MSDS regarding approval under Article VII.160, § 6, paragraph 1erBook VII of the Economic Law Code. The same appeal shall be appealed when FSMA has not ruled within the time limits set out in paragraph 1er Article VII.160, § 6, above; in the latter case, the appeal is treated as if the application had been rejected;
47° to the lender, against the decisions taken by the MSDS under Articles XV.67, XV.67/1, § 1erParagraph 2, 1 to 4, and XV. 67/3, § 1erParagraph 2 of Book XV, and VII.174, § 6, paragraph 2, of Book VII of the Economic Law Code;
48° to the lender, against the decisions taken by the FSMA, on the basis of a notification of the SPF Economy, pursuant to Articles XV.67/1, § 5, paragraph 1er, and XV.67/3, § 2, paragraph 2, of Book XV of the Economic Law Code; this appeal is jointly directed against FSMA and SPF Economy;
49° to the applicant for registration, against the decisions of the MSDS made under Article VII.182, § 3, and VII.188, § 3, of Book VII of the Economic Law Code. The same appeal is open when FSMA has not ruled within the time limits set out in these provisions; in the latter case, the appeal is treated as if the application had been rejected;
50° to the credit intermediary, against the decisions of the MSDS made under Articles XV.67, and XV.67/2, § 1erparagraphs 2 and 3 and XV. 68, § 1er, paragraph 2, of Book XV of the Economic Law Code;
51° to the credit intermediary, against the decisions of the FSMA taken, on the basis of a notification of the SPF Economy, under Article XV.67/2, § 3 and XV. 68, § 3, 1°, of Book XV of the Economic Law Code; this appeal is directed jointly against FSMA and SPF Economy."
(b) 17° and 18° are repealed.
Art. 4. The King shall determine the effective date of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 April 2014.
PHILIPPE
By the King:
Minister of Economy and Consumers,
J. VANDE LANOTTE
Minister of Finance,
K. GEENS
The Minister of Justice,
Ms. A. TURTELBOOM
Minister of Average Class,
Mrs. S. LARUELLE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 53-3430 and 53-3429 - 2013/2014
Full report: 27 March 2014.
Senate (www.senate.be):
Documents: 5-2818 and 5-2817 - 2013/2014.
Annales of the Senate: April 3, 2014.