Law On The Integration Of Book Vii "payment And Credit Services" In The Code Of Economic Law, With 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 Law "

Original Language Title: Loi portant insertion du livre VII "Services de paiement et de crédit » dans le Code de droit économique, portant insertion des définitions propres au livre VII et des peines relatives aux infractions au livre VII, dans les livres I et XV du Code de droit

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011266&caller=list&article_lang=F&row_id=700&numero=726&pub_date=2014-05-28&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-28 Numac: 2014011266 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy April 19, 2014. -Law on the integration 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 the books I and XV of the Code of economic law and on various other provisions (1) PHILIPPE, King of the Belgians, all, present and future " Hello.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. -The Code of economic law art. 2. in book I, Chapter 2, of the Code of economic law, there shall be inserted a chapter 5, as follows: "Chapter 5. -Special Book VII Art. definitions I. 9. For the purposes of Book VII, the following definitions shall apply: 1 ° payment service: any service, offered for sale as part of a professional activity, hereinafter referred to as: a) services allowing to pay cash on a payment account and all transactions requires the management of a payment account;
b) services allowing to withdraw cash from a payment account and the operations requires a payment account management;
c) execution of payment transactions, including transfers of funds on a payment account with the user's payment service provider or with another payment service provider:-execution of direct debits;
-execution of payment through a payment instrument transactions;
-execution of credit transfers, including standing orders of payment;
(d) execution of payment transactions where the funds are covered by a credit granted to the user of payment services:-the execution of direct debits;
-execution of payment through a payment instrument transactions;
-execution of credit transfers, including standing orders of payment;
e) issuing and/or acquiring of payment instruments;
(f) transmission of funds);
(g) execution of payment transactions where the consent of the payer to a payment transaction is given by means of any telecommunication, digital or it device and the payment is sent to the operator of the system or the telecommunications network or computer, acting only as an intermediary between the payment service user and the supplier of goods or services;
2 ° payment service provider: any legal entity which provides payment services to a user of payment services and which meets the requirements of one of the institutions listed below: a) the credit institutions referred to in article 1, paragraph 2, of the law of 22 March 1993 on status and control of credit institutions;
(b) the electronic money institutions as referred to in article 4, 31 °, of the law of December 21, 2009;
c) the limited company under public law bpost.
d) payment institutions: legal persons who are authorised to provide payment services in accordance with the law of December 21, 2009.
e) the National Bank of Belgium and the European Central Bank, when they are not acting as monetary authority or other public authority;
f) Federal, regional and local authorities Belgian provided that they are entitled to do so under legislation which regulates their missions or their statutes and do not act as public authority.
The person who provides his business habitual or professional services of payment to a payment service user or recovering from the electronic currency to electronic currency holder without an approval or authorization required remains however subject to the mandatory provisions of this Act;
3 ° payment service user: the natural or legal person who uses a payment as a paying service, beneficiary or both;
4 ° payer: the natural or legal person who holds a payment account and which authorizes a payment from this account of payment order, or, the natural or legal person who, in the absence of payment account, gives a payment order;
5 ° recipient: provided the physical or legal person who is the recipient of funds which have been the subject of a payment transaction;
6 ° payment transaction: an action, initiated by the payer or the recipient of pay, transfer or withdraw funds, irrespective of any underlying obligations between the payer and the beneficiary;
7 ° payment order: any instruction from a payer or a beneficiary to its service provider of payment requesting the execution of a payment transaction;
8 ° payment account: an account that is held on behalf of one or several users of payment services and which is used for the purpose of execution of payment transactions;
9 ° funds: banknotes and coins, scriptural money and electronic money within the meaning of article 4, 11 ° of the law of December 21, 2009.
10 ° payment instrument: any device custom and/or set of procedures agreed between the payment service user and the payment service provider and the payment service user resorted to initiate a payment order;
11 ° authentication: a procedure enabling the payment service provider to verify the use of a given payment instrument, including its safety devices custom;
12 ° identifying unique: the combination of letters, figures or symbols indicated in the user of payment services by the payment service provider, the payment service user must provide to identify some of the other user of payment and/or services of its payment to a payment transaction account;
13 ° domiciliation: a payment service to debit the account of payment of a payer, when a payment transaction is initiated by the payee on the basis of the consent given by the payer to the recipient, at the provider of payment service of the beneficiary or own the payer's payment service provider;
14 ° transmitting funds: a service of payment by which funds are received from a payer, without creating accounts for payment on behalf of the payer or the payee, for the sole purpose of transferring a corresponding amount to a beneficiary or another provider of payment services acting on behalf of the beneficiary, and/or where such funds are received on behalf of the beneficiary and made available;
15 ° payment system: a system to transfer funds, governed by standardized formal procedures and common rules for the processing, clearing and/or settlement of payment transactions;
16 ° framework contract: a contract of payment services that governs the future execution of individual and successive payment transactions and shall set forth the obligations and the conditions related to the opening of a payment account;
17 ° day: a day in which the payer's payment service provider or the provider of the beneficiary payment services involved in the execution of a payment transaction is accessible to exercise an activity to perform payment transactions;
18 ° date value: the reference date used by a payment service provider to calculate interest on the debited payment account or credited funds on a payment account;
19 ° reference exchange rate: exchange rate that serves as a basis to calculate foreign exchange transactions and which is made available by the payment service provider or comes from a publicly available source;
20 ° borrowing rate of reference: the debtor used base rate to calculate the interest to be applied and which comes from a publicly available source which can be verified by both parties to the contract of payment services;
21 ° means of distance communication: all means which may be used to conclude a service contract for payment without the simultaneous physical presence of the payment service user and payment service provider;
22 ° durable medium: any instrument which enables a person to store information addressed to him personally a way accessible for future reference for a period of time adequate to the purposes of the information and which allows reproduction identical to the stored information; reference
23 ° safety device custom: all technical means affected by a payment service provider to a given user for the use of a payment instrument. This device clean the user of payment services and placed under custody, to verify the use of a given payment instrument and aims to authenticate the user;
24 ° agent: a natural or legal person which acts on behalf of a payment institution for the provision of payment services;
25 ° branch: a place of business other than central administration which is a part of a payment institution, a lender or a credit intermediary, which has no legal personality and which conducts directly, in whole or in part, the operations

inherent in the business of payment institution, lender or credit links; all seats operating in the same Member State by a payment institution, a lender or a credit intermediary, with headquarters in another Member State are regarded as a single branch;
26 ° e-money: a monetary value that is stored in an electronic form, including magnetic, representing a claim on the issuer which is issued against the receipt of funds for the purposes of payment transactions and which is accepted by a natural person or legal entity other than the issuer of electronic money;
27 ° issuer of electronic money: the issuer of electronic money as referred to in article 4, 32 ° of the law of December 21, 2009;
28 ° electronic money institution: the electronic money institution as referred to in article 4, 31 °, of the law of December 21, 2009.
29 ° electronic money holder: a natural or legal person that delivers funds to an issuer of electronic money in Exchange for the issuance of electronic money by this transmitter;
30 ° law of December 21, 2009: Act of December 21, 2009 on the status of settlements of payment and electronic money institutions, the access to the activity of provider of payment services, the activity of issuing electronic money and access to payment systems;
31 ° transfer: payment service provided by the provider of payment service which holds the account of payment of a payer, to credit, on the basis of an instruction by the payer, the payment account of a beneficiary by an operation or a series of payment transactions, carried out from the payer's payment account;
32 ° Regulation (EC) no 924/2009: Regulation (EC) no 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the community and repealing Regulation (EC) No 2560/2001;
33 ° Regulation (EU) No. 260/2012: Regulation (EU) No. 260/2012 of the European Parliament and of the Council of March 14, 2012 establishing technical and commercial requirements for transfers and payments in euro and amending Regulation (EC) no 924/2009;
34 ° lender: any natural or legal person who grants credit in its business or professional with the exception of the person who offers or concludes a credit agreement where this contract is the subject of assignment or subrogation immediate in favour of a lender approved or registered, designated in the contract;
35 ° ' credit intermediary: a natural or legal person who is not acting as a lender and which, within the framework of the exercise of its business or professional, against remuneration, which may be pecuniary or take any other form of economic benefit subject to an agreement: a) presents or offers credit to consumer contracts;
b) assists consumers with credit of other preparatory work contracts than those referred to in point a);
(c) concludes credit agreements with consumers on behalf of the lender. Is equated to it, the person who offers or consents credit agreements, when these contracts are subject of assignment or subrogation immediate benefit from a different lender licensed or registered, designated in the contract;
36 ° tied agent: a credit intermediary acting on behalf and under the full and unconditional responsibility: has) a single lender.
((b) of a single group of lenders, or c) a number of lenders or groups of lenders that does not represent the majority of the market.
37 ° broker of credit: credit intermediary who is not an agent related;
38 ° group: a group of lenders that must be consolidated for the purposes of the preparation of consolidated accounts within the meaning of directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on annual financial statements, consolidated financial statements and the reports y of certain types of companies;
39 ° credit agreement: any agreement whereby a creditor grants or undertakes to grant to a consumer a credit in the form of a deferred payment of a loan or any other similar payment facility;
40 ° offers credit: the final issue of the will of the lender that should no longer be accepted by the consumer to the credit agreement is formed;
41 ° total cost of the credit to the consumer: all costs related to the credit agreement that the consumer must pay and are known by the lender, with the exception of the notary fees. Are notably included: a) interest expense;
b) commissions or remuneration that the credit intermediary receives its intermediation;
(c) taxes;
((d) all costs, including survey costs, file charges, consultation fees of files, management, administration and collection costs, all expenses related to a card, with the exception of what is referred to in f);
(e) the costs associated with ancillary services relating to the credit agreement, including insurance premiums, if the conclusion of this service contract is required for obtaining even credit or pursuant to the terms and business conditions;
f) the costs of maintaining an account, including an account of payment, linked to a credit agreement that are likely both payment transactions as levies, expenses for use of a payment instrument to perform both operations payment and samples as well as other costs relating to these payment transactions, unless the opening of account is optional and costs related to this account are reported clearly
and distinct in the credit agreement or any other agreement concluded with the consumer.
The total cost of the credit to the consumer does not include: a) expenses and allowances which the consumer is liable for non-performance of any of its obligations contained in the credit agreement;
(b) the charges other than the purchase price incumbent it upon the acquisition of goods or services, that this purchase is made in cash or to credit;
42 ° annual percentage rate: the rate expressing the equivalence, on an annual basis, of the values updated of all the commitments of the lender (levies) and the consumer (repayments and total cost of the credit to the consumer), existing or future, and which is calculated on basis of the elements described by the King and the manner that it determines.
43 ° advertising: any communication referred to in article I. 8, 13 °;
44 ° borrowing rate: the rate of interest expressed as a fixed or variable percentage applied on annually on the part of the capital collected and which is calculated on basis of the elements described by the King, by a decree deliberated in the Council of Ministers, and the manner it determines, if necessary including the method of calculation of interest y related;
45 ° fixed borrowing rate: the borrowing rate provided for by a provision of the credit agreement under which the creditor and the consumer agree to a debtor single rate for the whole of the contract period of credit, or multiple borrowing for partial periods rates using exclusively a fixed percentage given.
46 ° sale in temperament: any credit agreement, regardless of its qualification or its form, which would normally take the acquisition of goods or provision of services, sold by the lender or intermediary for credit, referred to the 35 ° c), last sentence, and the price carried out by periodic payments;
47 ° leasing: any credit agreement, regardless of its qualification or its form, whereby one of the parties undertakes to provide to the other party the enjoyment of a movable body at a fixed price which the latter undertakes to pay periodically, and which includes, express or implied, an offer to purchase. For the purposes of this Act, the lessor is considered the lender or intermediary of credit referred to in the 35 ° c), last sentence;
48 ° ready to temperament: any credit agreement, regardless of its qualification or its form, under the terms of which a sum of money or other means of payment is put at the disposal of a consumer who undertakes to repay the loan by instalments;
49 ° appropriation: any credit agreement, regardless of its qualification or its form, under the terms of which purchasing power, a sum of money or any other means of payment is made available to consumers, who can use it by making one or more samples of credit including using an instrument of payment or otherwise, and which undertakes to reimburse according to the agreed conditions.
If it is not possible to make a new levy only with the prior approval of the lender or the observance of conditions other than those initially agreed, then the levy is considered a new credit agreement;
50 ° distance credit contract: any contract concluded in accordance with article I.8 credit, 15 ° of the present Code;
51 ° facilitated overdraft: an explicit credit opening whereby a lender allows a consumer to have funds that exceed the available balance of the payment account is attached;
52 ° overflow: a tacitly accepted overdraft facility and under which a lender allows a consumer to have funds that exceed the available balance in the account to pay the consumer or the agreed overdraft facility;

53 ° mortgage credit: credit aimed at financing the acquisition or retention of rights in rem, consented to a consumer and which a) is to be guaranteed by a mortgage or a lien on a building or pledging of a claim secured in the same manner, b) either is a debt due from the subrogation of one or more third parties in the rights of a creditor on a building ((, c) is provided with the right to seek a mortgage guarantee, even if this right is laid down in a separate Act, d) is a mortgage for the benefit of the person who constitutes a security interest;
54 ° consumer credit: credit that, whatever his or its form, consented to a consumer and which does not constitute a mortgage loan;
55 ° mediation of debts: the provision of services, excluding the conclusion of a credit agreement, in order to achieve a development of the terms of payment of the debt which is totally or partially one or more contracts of credit;
56 ° data processing: processing of personal data established by article 1, § 2, of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data;
57 ° file: the file defined in article 1, § 3, of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data;
58 ° responsible of the treatment: the responsible for the treatment set out in article 1, § 4, of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data;
59 ° establishment of the creditor or credit intermediary: the places where he habitually carries its trade or the establishment of another lender or credit intermediary;
60 ° capital: debt in principal on which the credit contract relates.
For overdraft facilities and cost overruns without repayment installment of principal: the amount taken by the consumer, plus accrued interest, and for simple late payment as referred to in article VII.106, § 2, late interest accrued on the amount in excess.
61 ° amortization of capital: the mode of repayment of capital by which the consumer assumes the obligation to make payments that immediately reduce the capital throughout the credit, in amount;
62 ° reconstitution of the capital: the mode of repayment of capital by which the consumer assumes the obligation to make payments for the duration of the credit agreement, which, though conventionally assigned to repayment of the capital, does not release corresponding to the lender. They do reduce the capital at the times and in the conditions laid down by the contract or by the present book;
63 ° balance due: the amount to be paid to cushion, reconstruct or repay the capital collected;
64 ° credit agreement linked: a contract of credit pursuant to which: a) the credit in question serves exclusively to finance an agreement for the acquisition of specific goods or the provision of specific services, and b) these two contracts are, from an objective perspective, a business unit. A commercial unit shall be deemed to exist where the supplier or service provider himself finance the credit to the consumer or, in the case of funding by a third party, when the lender employs the services of the provider or provider for the conclusion or preparation of the credit agreement or specific goods or the provision of a particular service are specifically mentioned in the credit agreement;
65 ° credit amount: the ceiling or the total sums made available under a credit agreement;
66 ° total amount payable by the consumer: the sum of the amount of the credit and the total cost of the credit to the consumer including, in the case of leasing, the residual value of the property to be paid to the exercise of the purchase option;
67 ° FSMA: the authority of the financial services and markets such as referred to in article 44 of the law of 2 August 2002;
68 ° Bank: National Bank of Belgium;
69 ° Central: central credit to individuals responsible for missions referred to in article VII.127;
70 ° ancillary service: a service offered to the consumer together with the credit contract or the payment service;
71 ° credit institution: the credit institution as referred to in article 1, paragraph 2, of the law of 22 March 1993 on status and control of credit institutions;
72 ° business insurance: the insurance undertaking established in Belgium referred to in article 2, § 1, of the Act of 9 July 1975 on the control of insurance undertakings;
73 ° regulated business: a company regulated within the meaning of article 1, 7 °, of the royal decree of 21 November 2005 organizing the supplementary supervision of credit institutions business insurance, investment and management of mutual funds companies, companies that are part of a financial services group, and amending the royal decree from 22 February 1991 on the general regulation on the control of insurance companies and the royal decree of 12 August 1994 on the control on consolidating of settlements credit;
74 ° subagent: the natural or legal person who, as a credit intermediary is acting on behalf and under the responsibility of full, unconditional of a single credit intermediary;
75 ° Constitution: all authentic acts and under seal private as well as any document containing provisions regulating same credit;
76 ° Member State of origin: has) when the creditor or credit intermediary is a natural person, the State member in which his head office is situated;
(b) when the creditor or credit intermediary is a legal person, the Member State in which its registered office is situated, or, if it has no registered office under its national law, the State member in which its head office is situated;
77 ° host Member State: the Member State, other than the home Member State, in which the creditor or the credit intermediary has a branch or provides services;
78 ° responsible distribution: any person belonging to the leadership of a lender, a credit intermediary or every worker in the service of such person, and de facto responsibility for the activity of mediation or exercises control.
79 ° person in contact with the public: the others of a lender or a credit intermediary who, in any way whatsoever, are in contact with the public to provide contracts of credit or provide information thereon;
80 ° law of 2 August 2002: law of 2 August 2002 on the supervision of the financial sector and financial services;
"81 ° agents ancillary: sellers of goods and services to non-financial character acting as an intermediary in consumer credit on an ancillary basis and for account of one or more lenders."
S. 3. in the same Code, it is inserted a book VII as follows: "Book VII. -PAYMENT and CREDIT title 1 SERVICES.
-Principles General s. VII. 1. This paper seeks the regulation of services payment and credit agreements.
It aims the transposition of the provisions: 1 ° of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 concerning the payment services in the internal market, amending directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing directive 97/5/EC;
2 ° of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on the credit agreements for consumers and repealing Council directive 87/102/EEC;
3 ° of Regulation (EC) no 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the community and repealing Council Regulation (EC) No 2560/2001;
4 ° Directive 90-2011-EU of the Commission of 14 November 2011 amending Annex I, part II, of directive 2008/48/EC of the European Parliament and of the Council setting out the additional assumptions for the calculation of the annual percentage rate;
5 ° of Regulation (EU) No. 260/2012 of the European Parliament and of the Council of March 14, 2012 establishing technical and commercial requirements for transfers and payments in euro and amending Regulation (EC) no 924/2009.
TITLE 2. -Scope art. VII. 2. § 1.
Tracks 3 and 5 to 7 of this book shall apply to payment services, where both the service provider of the payer's payment to the beneficiary, or the unique provider of payment services involved in the payment transaction, are located in a Member State.
Article VII. 47 shall apply to payment services, as soon as the payment from the payer or the recipient service provider is located in Belgium.
Articles VII. 35 and VII. 36 shall also apply to payment services, as soon as the payer's payment service providers is located in Belgium.
The King may, by order deliberated in Council of Ministers, taking into account the comparable legal provisions applied in the other Member States, the nature and availability of the service offered payment and the real possibility for service providers

payment to provide complementary information, extend completely or partially list in the articles listed in the previous paragraph VII.19 VII.21 VII.4 articles, § 1, VII.22-VII.24 to VII.27 VII.29 to VII.33 VII.39 to VII.41, VII.48 in VII.55, § 1.
Otherwise, this book applies to the services of payment as referred in the § 1, provided in euro or in the currency of a Member State outside the euro area.
Articles VII.35 and VII.36 of this book are however applicable to payment services regardless of the used currencies.
This book is also applicable to the issuance and repayment of electronic money issuers of electronic money.
§
2. Tracks 4 to 7 of this book shall apply to credit agreements concluded with a consumer having habitual residence in Belgium provided that: 1 ° the lender exercising his professional activity in Belgium, or 2 ° by any means, directs this activity to the Belgium or to several countries, including the Belgium, and that the contract falls under this activity.
Chapter 1 of Title 4 applies only to the consumer credit.
Chapter 2 of Title 4 applies only to mortgage credit.
Chapter 2 of title 5 applies only to the consumer credit.
Chapter 3 of title 5 applies only to mortgage credit.
§ 3. Notwithstanding the provisions of §§ 1 and 2, the parties may, in accordance with article 3 of Regulation (EC) no 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) choose the law applicable to a contract meeting the requirements of article 6, paragraph 1, of the regulation. However, this choice cannot have the result of depriving the consumer of the protection afforded to it by the rules to which it cannot be derogated from by agreement under the Belgian legislation which would have been applicable in the absence of choice.
§ 4. Without prejudice to the provisions of articles VII. 26, VII. 54 and VII. 194-VII. 208 included, any provision contrary to the provisions of this book and its orders of execution is prohibited and void insofar as it purports to restrict the rights of consumers or to aggravate their obligations.
Without prejudice to the provisions of article VII.54, the clauses and conditions or combinations of clauses and conditions which are designed to load the user of payment or consumer services, proof of compliance with all or part of the obligations, referred to in this book, which shall be borne by the service provider of payment, the creditor or credit intermediary are prohibited and void ipso jure. It is the responsibility of the lender to provide proof that it has fulfilled obligations concerning the evaluation of the creditworthiness, referred to in articles VII.69, VII.75 and VII.77, the consumer and, where applicable, of the person who is a personal safety.
S. VII. 3. § 1.
This paper does not apply to the: 1 ° payment transactions made exclusively in cash directly from the payer to the payee, without any intermediary intervention;
2 ° payment transactions from the payer to the payee through a commercial agent authorised to negotiate or conclude the sale or purchase of goods or services on behalf of the payer or the recipient;
3 ° physical transport of banknotes and of pieces professionally, including their collection, processing and delivery;
4 ° of payment transactions in the collection and delivery of cash to non-professional basis, within the framework of a non-profit or charitable activity;
5 ° services for which species are provided by the beneficiary for the benefit of the payer as part of a payment transaction, the payment service user request formulated just before execution of the payment transaction through a payment for the purchase of goods or services;
6 ° activities of Exchange, i.e. "species against species" in which the funds are not held on a payment account;
7 ° payment transactions based on any of the following documents drawn on the payment service provider with a view to placing funds at the disposal of the beneficiary: a) a paper check referred to in article 1 of the Act of 1 March 1961 for the introduction into the national legislation of the uniform law on cheque and its entry into force or any other similar form of cheque paper such as the postal cheque by the law of May 2, 1956, on the postal cheque, a circular cheque or any other cheque which, whatever its name, carries the same legal consequences;
(b) a letter Exchange paper referred to in article 1 legislation contact information December 31, 1955, on the Bill of Exchange and the promissory note and any other similar form of Bill of Exchange paper which, whatever its name, carries the same legal consequences;
(c) a service on paper title with title-service paper referred to in article 2, 1 °, of the law of 20 July 2001 to promote development of services and jobs in nearby, and the meal paper vouchers;
(d) a cheque for travel on paper;
(e) a postal order hardcopy issued and/or paid in cash at the counter of a post office, or another item of postal service;
8 ° payment transactions carried out within a payment or securities settlement system between agents regulation, central counterparties, clearing houses and/or central banks and other participants in the system, and providers of payment services, without prejudice to the provisions of article 49 of the law of December 21, 2009;
9 ° payment transactions related to assets and securities service, including the distribution of dividends, income or other, refunds or sales, carried out by the persons referred to 8 ° or by investment firms, credit institutions, undertakings for collective investment or portfolio management companies providing investment services and any other entity authorized to keep on deposit of financial instruments;
10 ° services supplied by providers of technical services to support the provision of payment services, unless they enter at any time into possession of the funds to transfer of especially in the processing and recording of data, trust and privacy protection services, authentication data and entities, information technology and the provision of communication networks , as well as the provision and maintenance of terminals and devices used for payment services;
11 ° services based on payment instruments that can be used for the acquisition of goods or services only in the premises used by the issuer or under a commercial agreement with the issuer, within a limited network of providers of services or for a limited goods or services range, and that:-these payment instruments are not - directly or indirectly - linked to a credit agreement , or - if it is a payment instrument, which can be loaded or unloaded from the electronic money, no direct access to the payment account used to load or unload it is possible using this instrument.
12 ° payment transactions executed by means of a telecommunication, digital or it device, when the goods or services purchased are delivered and must be used through a telecommunication, digital or it device, provided that the telecommunication system, digital or it operator does not only act as an intermediary between the payment service user and the supplier of goods or services;
13 ° payment transactions carried out between payment service providers, their agents or branches, for their own account;
14 ° payment transactions between a parent undertaking and its subsidiary or between subsidiaries of a same parent undertaking, without having any other provider of services of a company of the same group make office intermediary;
15 ° services cash withdrawal through ATM's, offered by service providers acting on behalf of one or more card issuers, which are not parties to the framework contract with the customer withdrawing money from a payment account, on condition that these providers do not payment listed in article I.9, 1 ° other services provide.
§ 2. This paper does not apply to the: 1 ° contracts of insurance as well as to contracts concluded to provide continuous services or the supply of goods of the same nature, pursuant to which a consumer pays the cost of those services or goods, as long as they are provided by payments;
2 ° lease agreements where an obligation to purchase the object of the contract is provided in the contract itself or in a separate agreement. Such an obligation shall be deemed to exist if the lessor so decides unilaterally;
3 ° credit agreements for consumption without interest for which the amount allocated is reimbursed within a period not exceeding two months, and for which the lender charges lower to 4.17 euros on monthly basis. These costs consist of the costs referred to in article I. 9, 41 °, PRN calculated on basis of the elements referred to in article I. 9, 42 °.

The threshold amount is indexed on 1 January of each year based on the following formula: 4.17 euros multiplied by the new index and divided by the starting index. The new index is the price index for the consumption of the month of December of the previous year and the starting index is the price index for the consumption of the month of December 2010. The indexed amount is rounded in accordance with the rules which apply to the Borough of the borrowing rate under article I. 9, 44 °. The King may modify this threshold amount;
4 ° consumer credit contracts resulting from an agreement concluded before a court or any other authority established by law;
5 ° matrimonial brokerage contracts falling under the application of the law of 9 March 1993 aimed to regulate and control the activities of matrimonial brokerage firms;
6 ° consumer credit contracts related to the period of voluntary payment, free of charge, for the settlement of an existing debt;
7 ° of credit contracts awarded by pawnshops under the Act of April 30, 1848, on the reorganization of the pawnshops;
8 ° credit agreements without interest and charges that fall under the application of article 18 of the law of August 28, 2011 on the protection of consumers in respect of contracts for the use of timeshare, holiday products in the long term, resale and Exchange.
§
3. This book does not apply either to the: 1 ° credit agreements involving amounts less than EUR 200, with the exception of the provisions of articles VII. 1, VII. 2, §§ 2 to 4, VII. 3, §§ 2 to 4, VII.64 to VII. 66, VII. 67 at VII.74, VII. 75, paragraph 1, VII.79, paragraph 3, VII. 80, VII. 85-VII. 90, VII. 94, VII. 98, VII. 99, VII. 105-VII. 115, VII. 158 in VII. 188, VII. 194-VII. 208, 215 VII-VII. 219;
2 ° facilities overdraft repayable within a period of one month, with the exception of the provisions referred to in articles VII. 1, VII.2, §§ 2 to 4, VII. 3, §§ 2 to 4, VII. 68, VII. 71, § 3, VII. 72 and VII. 73, VII. 77, VII.
85-VII. 87, VII. 88 and VII. 89, 99, § 1, VII. 100 and VII. 101, VII. 105 and VII. 106, VII. 107, VII. 112, 114 VII-VII. 122, VII. 158 in VII. 188, VII. 196, VII. 199, VII. 200, VII. 201, 1 ° and 2 °, VII. 204, VII. 205, VII. 215-VII. 219;
3 facilities ° overdraft, refundable at the request of the lender or within a maximum period of three months, with the exception of the provisions of articles VII. 1, VII.2, §§ 2 to 4, VII. 3, §§ 2 to 4, VII. 64, § 1, paragraph 1, 1 ° to 3 °, and § 2, VII. 65 and VII 66, VII. 67 at VII. 69, VII. 71 to 77 VII, VII. 78, §§ 1 and 2, 1 ° to 13 °, § 4, 1 ° and 2 °, VII. 79, VII. 84 in VII.
95, VII. 96, § 1, VII. 97, § 2, VII.98, VII.99, § 1, VII. 100 to VII. 122, VII. 148-VII. 188, VII. 194-VII. 208, VII. 215-VII. 219;
4 ° overruns with the exception of the provisions of articles VII. 1, VII. 2, §§ 2 to 4, VII. 3, §§ 2 to 4, VII. 64, § 2, VII. 65 and VII. 66, VII. 68, VII. 85, VII. 86, §§ 1 to 3, 5 to 7, VII. 87-VII. 89, VII. 94, VII. 97, § 1, VII. 97, § 2, VII. 101, VII. 105-VII.
107, VII. 112-VII. 122, VII. 148-VII. 188, VII. 196, VII. 199 in VII. 200, VII. 205, VII. 215-VII.
219;
5 ° credit agreements concluded with an investment firm referred to in the law of 2 August 2002 or with a credit institution referred to in article 1, paragraph 2, 1 ° of the law of 22 March 1993 on the status and control of credit institutions, for the purposes of allowing an investor to carry out a transaction in one or more of the financial instruments referred to in article 2 , 1 °, of the law of 2 August 2002, when the investment firm or the credit institution granting the credit is associated with this transaction, with the exception of the provisions of articles VII.
1, VII. 2, §§ 2 to 4, VII. 3, §§ 2 tot 4, VII. 64 in VII. 78, VII. 86 in VII.
89, VII.94, VII. 96 VII.108, VII. 112-VII. 122, VII. 148-VII. 188, VII. 194-VII. 208, VII. 215-VII. 219. in these cases and in relation to the use of the credit, the credit institution or investment firm also ensures compliance with the rules referred to in article 27 of the law of 2 August 2002;
6 ° consumer credit contracts providing for that payment periods or modes of repayment subject to an agreement between the lender and the consumer when the consumer is already in default of payment for the initial credit agreement, and that: has) such an agreement would be likely to rule out the possibility of a judicial procedure for such non-payment (, and b) so the consumer would not be subject to less favourable provisions than those of the initial credit agreement, with the exception of the provisions referred to in articles VII. 1, VII.
2, §§ 2 to 4, VII. 3, §§ 2 to 4, VII.64 to VII. 66, VII. 67 at VII. 69, VII.
71-VII. 77, VII. 78, §§ 1, 2, 1 ° to 8 °, 3, 2 °, 3 ° to 4 °, VII. 79, VII. 84, VII. 91, VII. 93, VII. 94-VII. 108, VII. 112-VII. 122, VII. 148-VII. 188, VII. 194-VII. 208, VII. 215 tot VII. 219. If the credit agreement falls within the scope of 3 °, only the provisions of that paragraph shall apply. The exception referred to in this subparagraph may be applied only once.

§ 4. The King may determine that certain sections of this book, designated by him, do not apply: 1 ° to credit agreements which are granted by an employer to its employees on an ancillary basis, without interest or effective annual rates overall lower than those charged on the market and which are not offered to the public generally;
2 ° to contracts granted credit for a purpose of general interest, by public institutions or by private institutions approved for the purpose by the competent authority, to a limited audience and a less than practical interest rate on the market, or no interest, or other conditions that are more favourable to the consumer than those in force on the market and rates of interest that are not higher than those charged on the market.
TITLE 3. -Payment Chapter 1 services. -Disposition introductory article
VII. 4. Provisions of this title are without prejudice to other legal provisions contained in Title 4 of the present book which may arise from additional requirements to advance information or conditions, rights and obligations specific granting of credit for consumers.
CHAPTER 2. -Remote payment transactions Section 1.
-Scope art. VII. 5. This chapter applies to payment isolated transactions which are not covered by a framework contract.
Section 2. -Prior information and conditions art. VII. 6. When an order of payment for a transaction isolated payment is transmitted through an instrument of payment under a framework contract, the service provider payment is not required to provide or make available to information already given to the user of payment services on the basis of a framework contract with another payment service provider or which will be given to him in accordance with the contract said.
S.
VII. 7. § 1. Before the payment service user is bound by a contract or an offer of isolated payment service, payment service provider updates available to the user of payment services, in an easily accessible form, the information and the conditions set out in article VII.8.
At the request of the payment service user, the payment service provider provides this information and conditions on a durable medium.
These information and conditions are provided in easily understandable words and in a clear and intelligible form in the language or languages of the linguistic region where the payment service is offered or in any other language agreed by the parties.
§ 2. If, at the request of the payment service user, single payment service contract is concluded by a means of communication distance do not allow the payment service provider to comply with paragraph 1, latter satisfies its obligations under that paragraph immediately after the execution of the payment transaction.
§ 3. It is also possible to carry out the obligations arising from § 1 by providing a copy of the draft contract of service isolated payment or the draft payment order including the information and conditions specified in article VII. 8 s. VII. 8. § 1. The information and conditions to provide or make available to the payment service user include at least: 1 ° of accurate information or ID unique that the payment service user must provide for the purposes of the correct execution of the payment order;
2 ° the period of maximum performance in which the payment service must be provided;
3 ° all fees payable by the user of payment services to payment service provider and, where applicable, the breakdown of the amounts of the fees;
4 ° where appropriate, the real exchange rate or reference which must be applied to the payment transaction.
§ 2. The where appropriate, other information and useful conditions referred to in article VII. 13 are made available to the user of payment services, in an easily accessible form.
Section 3. -Information after the payment order and payment transaction s. VII. 9. Immediately after receiving the payment order, the payer's payment service provider provides the payer or puts at its disposal, in the manner stipulated in article VII. 7, § 1, the following information:

1 ° a reference enabling the payer to identify the payment transaction and, where appropriate, the information relating to the payee;
2 ° the amount of the payment transaction expressed in the currency used in the payment order;
3 ° the amount of costs attributable to the payer for the payment transaction and, where applicable, the breakdown of the amounts of these charges;
4 ° if applicable, the exchange rate applied to the payment transaction by the provider of the payer's payment or refers to this rate, when it is different from the rate of Exchange provided pursuant to section VII. 8, § 1, 4 °, and the amount the of payment transaction after that currency conversion;
5 ° the date of receipt of the payment order.
S.
VII. 10. Immediately after the execution of the payment transaction, the beneficiary's payment service provider provides to it or puts at its disposal, in the manner referred to in article VII.
7, § 1, the following information: 1 ° the references enabling the payee to identify the payment transaction and, where appropriate, the payer, and any information transmitted with the payment transaction;
2 ° the amount of the payment transaction in the currency in which the funds are at the disposal of the beneficiary;
3 ° the amount of costs attributable to the recipient for the payment transaction and, where applicable, the breakdown of the amounts of these charges;
4 ° if applicable, the exchange rate applied to the payment transaction by the recipient payment service provider, and the amount of the payment before this currency conversion transaction;
5 ° the date value of the credit.
CHAPTER 3. -Framework contract and individual payment transactions covered by Section 1. -Scope art. VII. 11. This chapter applies to payment transactions covered by a framework contract.
Section 2. Framework contract subsection 1. -Prior information and conditions art.
VII. 12. § 1. In good time before the payment service user is bound by a framework contract or offer, the payment service provider provides, on a durable medium, the information and the conditions referred to in article VII. 13. such information and conditions are provided in easily understandable words and in a clear and comprehensible form, in the language of the linguistic region in which the payment service is offered or in any other language agreed by the parties.
§ 2. If, at the request of the payment service user, the framework contract is concluded by a means of communication distance do not allow the payment service provider to comply to the § 1, this fulfils the obligations under that paragraph immediately after the conclusion of the framework contract.

§ 3. It is also possible to carry out the obligations arising from § 1 by providing a copy of the draft framework contract containing information and the conditions defined in article VII.13.
When the framework contract concerning the initiation of a payment account and it is possible that an overflow be allowed to the consumer, framework contract shall then the borrowing rate information referred to in article VII. 71, § 2, paragraph 2, 5 °. The payment service provider provides in all cases, in a durable medium, these information at regular intervals, regardless of whether an actual overflow to occur.
S. VII. 13. The information and conditions to provide the user of payment services include at least the following elements concerning: 1 ° payment service provider: a) the identity of the service provider of payment including, where appropriate, its business number, the geographical address of its headquarters and, where applicable, the geographical address of its agent or its branch established in Belgium in which the payment service is offered (, and all other addresses, including the e-mail address, to take into account for the communication with the provider of services for the payment, and b) the contact details of the competent prudential supervisory authority and the registry concerned with this authority where the payment service provider is entered to be authorised, as well as his registration number or an equivalent identification of the register means (, 2 ° the use of a payment service: has) a description of the main characteristics of the payment, to provide service including, where appropriate, possible uses of the payment instrument, and in particular the question of whether it is possible to agree to the spending limits for payment transactions executed through said instrument of payment, in accordance with article VII. 29, § 1, b) precise information or ID unique that the payment service user must provide for the purposes of the correct execution of the payment order;
c) the form and the procedure for giving consent to the execution of a payment transaction and withdrawal of such consent in accordance with articles VII.
27 and VII. 41, d) a reference at the time of the receipt of the order for payment as defined in article VII. 39 and any time limit established by the provider of payment services, e) the period of maximum performance during which the payment service must be provided in 3 ° costs, interest rates and exchange rates: has) all charges payable by the user of payment services to payment service provider and, where applicable (, the breakdown of the amounts of these fees, b) where applicable, the interest rate on an annual basis and exchange rates to be applied or, if reference exchange and interest rates must be used, the method of calculating the actual interest and the chosen date and index or the basis for determining such a rate of interest or reference exchange (, and c) if agreed, the immediate application of changes to the interest rate or reference exchange and information requirements related to these changes, in accordance with article VII. 15, § 2, 4 ° communication: has) where appropriate, means of communication, including the technical requirements applicable to the payment service user equipment, agreed between the parties for the purposes of the transmission of information or notifications under this Act;
b) modalities and frequency according to which the information provided for by this Act are provided or made available;
c) the languages in which the framework contract will be concluded and communication made during the contractual relationship, and d) the right of the payment service user to receive the contractual terms of the framework contract, and the information and conditions provided for in article VII. 14, 5 ° protection measures and corrective measures) where appropriate, a description of the risks and measures of caution than the payment service user takes to preserve the security of a payment instrument as well as the procedures for notification to the provider of services for payment under article VII. 30, § 1, 2 °, b) If this is agreed, the conditions under which the payment service provider reserves the right to block a payment instrument in accordance with article VII. 29, c) the liability of the payer in accordance with article VII. 36, including information on the amount, d) time and the modalities according to which the payment service user shall notify the payment service provider unauthorized or incorrectly executed payment transactions in accordance with article VII. 33 as well as the responsibility of the service provider's payment for payment transactions not authorized, in accordance with article VII. 35, e) the liability of the payment service provider linked to the performance of payment transactions in accordance with articles VII. 49-VII. 51, f) the conditions for refund in accordance with articles VII.
37 and VII.38, 6 ° modification and termination of framework contract: a) If this is agreed, the fact that the payment service user shall be deemed having accepted the modification of the conditions in accordance with article VII. (15 unless you have notified his refusal of the payment service provider by the date proposed for the entry into force of this amendment, b) the duration of the framework contract, c) the right of the payment service user to terminate the framework contract and any agreements linked to this termination, in accordance with articles VII. 15, § 1 and VII. 16, 7 ° remedies: a) any contractual clause on the law applicable to the framework contract and/or the competent court, b) channels of complaint and extrajudicial remedies available to the user of payment services, in accordance with the book XVI, including the physical address of the instance where the payment service user may address his claims which the coordinates of the economic with the FPS economy Directorate General Inspection.
S. VII. 14. During the contract term, the payment service user has, at any time, the right to receive, on request, the contractual terms of the framework contract, and the information and conditions specified in article VII. 13, on durable medium.
Sub-section 2. -Modification of the conditions and termination of framework contract art. VII. 15. § 1.
Any modification of the framework agreement, as well as information and conditions referred to in article VII.

13, is proposed by the service provider of payment in accordance with the procedure laid down in article VII.
12, § 1, and no later than two months before the proposed date for its entry into force.
In the event that article VII 13, 6 ° a), applies, the provider of payment service informs the user of payment services it is deemed have accepted the amendment if the service provider payment, prior to the date of entry into force proposed this amendment, has not notified that he does not accept it. In this case, the precise payment services provider also that the payment service user has the right to terminate the framework contract immediately and free of charge, before the date of entry into force proposed the amendment.
§ 2. (Changes in interest or exchange rates may be applied immediately and without notice, provided that the framework contract provides for this right and that the changes are based on the interest or reference exchange rates agreed in accordance with article VII.13, 3 °, b) and (c)).
The payment service user is informed of any modification of the interest rates as quickly as possible, in the manner provided in article VII. 12, § 1, unless the parties agree to a frequency or down special detailed rules for the provision or provision of information.
However, changes in interest or exchange rates which are more favourable to the payment service users can be applied without notice.
§ 3. Changes in interest or exchange rates applied to payment transactions are implemented and calculated in a neutral manner that does not discriminate against payment service users.
S. VII. 16. § 1. The payment service user may, at any time, terminate the framework contract without charge and with immediate effect, unless a notice period of maximum one month was agreed.
If the contract so provides, the payment service provider may, as laid down in article VII. 12, § 1, terminate a framework contract concluded for an indefinite period, with a notice of at least two months.

§ 2. The regular charges for the provision of payment services are due by the payment service user only in proportion to the period expired at the end of the contract. If they have been paid in advance, these expenses are reimbursed without delay in proportion, from the month following the date of termination.
The payment service provider will pay to the user of payment services, without additional charge, the balance of the payment account including all of the interests to which he is entitled under the statutory and regulatory provisions and the General conditions or else will contribute on a payment to a payment service provider account.
After the close of a payment account, the payment service provider shall reimburse the management fees paid by the user of payment services, annual, on behalf of payment, and in proportion to the whole number of months calendar of the month following the date of closure of the account until the end of the period for which the management fees have been paid.
§
3. This article also applies to savings accounts referred to in article 2 of the royal decree of 27 August 1993 for the implementation of the 1992 income tax Code.
Section 3. -Subsection 1st individual payment transactions. -Information before execution of the transaction for payment art. VII. 17. For any payment transaction individual under a framework contract and initiated by the payer, the payment service provider provides meaningful information to its maximum execution time and costs that must be paid by the payer and, where applicable, the breakdown of the amounts of these charges at the request of the payer and prior to the payment transaction.
Sub-section 2. -Information after execution of the transaction for payment art. VII. 18. § 1. After the amount of an individual payment transaction is debited the account of the payer or, when the payer does not account for payment, on receipt of the payment order, the payer's payment service provider provides to it, without delay and in the manner stipulated in article VII.12, § 1, the following information: 1 ° a reference enabling the payer to identify each payment transaction and where appropriate, the information relating to the payee;
2 ° the amount of the payment transaction in the currency in which the payer's payment account is debited or in the currency used in the payment order;
3 ° the amount of all charges applied to the payment transaction and, where appropriate, their ventilation, or the interest payable by the payer;
4 ° where appropriate, the exchange rate used in the payment transaction by the payer's payment service provider and the amount of the payment after this currency conversion transaction;
5 ° the date value of the flow rate or the date of receipt of the payment order.
§ 2. A framework contract may include a condition that the information referred to in the § 1 are provided or made available periodically at least once a month, and agreed manner which allows the payer to store information and reproduce them identically, to allow it to track the status of expenditures reasonably.
§ 3. Notwithstanding § 2 and in the manner it determines, by Decree deliberated in the Council of Ministers, the King may prescribe that payment service provider shall provide free of charge at the request of the payer information referred to the § 1 on paper once a month.
S. VII. 19.
§ 1. After running an individual payment transaction, the payment to the recipient service provider provides to it, without delay and in the manner provided in article VII. 12, § 1, the following information: 1 ° a reference enabling the payee to identify the payment transaction and, where appropriate, the payer, and any information provided during the payment transaction;
2 ° the amount of the payment transaction expressed in the currency in which the payment of the beneficiary account is credited;
3 ° the amount of all charges applied to the payment transaction and, where appropriate, their ventilation, or the interest payable by the recipient;
4 ° where appropriate, the exchange rate used in the payment transaction by the beneficiary's payment service provider and the amount of the payment before this currency conversion transaction;
5 ° the date value of the credit.
§
2. A framework contract may include a condition that the information referred to in the § 1 shall be provided or made available periodically at least once a month, and as mutually agreed that allow the recipient to store and reproduce them identically, to allow it to track the status of expenditures reasonably.
§
3. Notwithstanding § 2 and in the manner it determines, by Decree deliberated in the Council of Ministers, the King may prescribe that payment service provider shall provide free of charge at the request of the beneficiary the information referred in the § 1 on paper once a month.
Section 4. -Provisions derogating s. VII. 20. § 1.
In the case of payment instruments which, according to the framework contract, solely concern payment transactions not exceeding EUR 30 individually or, either have a limit of expenditure of EUR 150 or store funds which the amount exceeds EUR 150 at any time, this chapter shall apply to the extent described below: 1 ° in derogation from sections VII. 12, VII.
13 and VII. 17, the payment service provider provides the payer only to information on the main characteristics of the payment service, including the way in which the payment instrument can be used, liability, charges and other practical information necessary to make a decision informed and an indication of the place where the other information and conditions set out in article VII. 13 are available in an easy manner;
2 ° it may be agreed that, by way of derogation from article VII. 15, the payment service provider is not required to propose an amendment to the terms of the framework contract in the manner provided in article VII. 12, § 1;
3 ° it may be agreed that, by way of derogation from sections VII. 18 and VII. (19, after execution of a payment transaction: a) the payment service provider provides or makes available only a reference enabling the user of payment services to identify the payment transaction, the amount, and the fees or, in case of multiple payment transactions of the same type for the benefit of the same beneficiary, only information about the total amount and the costs of these operations of payment;
(b) the payment service provider is not required to provide or make available the information referred to in point a) if the payment instrument is used anonymously or otherwise the payment service provider is technically not able to provide. However, the payment service provider provides the payer the possibility of checking the amount of stored funds.
§
2. For payment transactions, the King may, by Decree deliberated in the Council of Ministers.

reduce or double the amounts referred to in the § 1, paragraph 1 and for prepaid payment instruments increase up to 500 euros.
CHAPTER 4. -Provisions common to all operations of payment referred to in sections 2 and 3 art. VII. 21. § 1. Payments shall be made in the currency agreed by the parties.

§ 2. Where a currency conversion service is offered prior the initiation of the payment transaction by a third party to the framework contract and when this currency conversion service is offered at the point of sale or by the beneficiary, the part that proposes the payer is required to inform all applied fees, as well as the exchange rate that will be used for the purposes of the conversion of the payment transaction.
The payer accepts the currency conversion service on that basis.
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VII. 22. Where, for the purposes of the use of a given payment instrument, the beneficiary charges or offers a reduction, it shall inform the payer before the initiation of the payment transaction.
Where, for the purposes of the use of a given payment instrument, a payment service provider or a third party application charges, it informs the user of payment services before the initiation of the payment transaction.
S. VII. 23. When a payment services contract is concluded at a distance, the information referred to in articles VII. 7, VII. 8, VII. 12 and VII. 13, replaces the information referred to in article VI. 55, § 1, of the Code of economic law, with the exception of 2 ° c) g), 3 °, a), d) and e), and 4 °, b).
S. VII. 24. § 1.
Payment service provider charges no fee to the payment service user for providing information under this title.
§ 2. The payment service provider and the payment service user may agree to charge a fee for additional information, for information provided a more frequent basis or the information supplied by other means of communication than those provided for in the framework contract and that are provided at the request of the payment service user.
When the payment service provider may, in accordance with the preceding paragraph, charging, these must be appropriate and consistent with the actual costs incurred by the payment service provider.
S.
VII. 25. The burden of proof of the fulfilment of disclosure obligations referred to in this title to the payment service provider.
S. VII. 26. The parties may agree to waive, in whole or in part, the provisions of this title, unless the payment service user is a consumer.
CHAPTER 5. – Authorisation of payments Section 1st. -Consent to the implementation of the operations of payment and possible restrictions on the use of instruments of payment article VII. 27. § 1. A payment transaction is deemed to be authorized if the payer has given consent to the execution of the payment order.
A payment transaction may be authorised in advance by the payer or subsequent to its execution if the payer and his payment service provider have agreed as well.

§ 2. Consent to the execution of a transaction of payment or a series of payment transactions is given in the form agreed between the payer and his payment and in accordance with the procedure agreed upon service provider.
In the absence of such consent, a payment transaction shall be deemed authorized.
§ 3. At any time, consent may be withdrawn by the payer, but in no case after the time of irrevocability under article VII. 41. the consent to the execution of a series of payment transactions may also be removed with effect that any subsequent payment transaction shall be deemed authorized.
S. VII. 28. § 1. The realization of the direct debit requires the granting of a mandate by the payer, as appropriate, one or more of the following persons: 1 ° the beneficiary;
2 ° the beneficiary payment service provider;
3 ° the payer's payment service provider.
A copy must be given to the payor.
§ 2. Even if the mandate referred to the § 1, paragraph 1 is not included in the same instrumentum as the main contract which it guarantees execution, the term meets at least the following conditions: 1 ° an express consent of the payer;
2 ° to give power of Attorney must refer expressly to the underlying contract which in turn determines the scope claims domiciled in relation to nature, maturity and, if possible, the amount just.
The direct debit cannot be effected validly if the payer has been previously advised of the underlying contract.

§ 3. Without prejudice to the application of article VII. 37, § 3, if the fair amount or the date of debit is not determined at the conclusion of the domicile, the recipient actually share the payer on the agreed date, within a reasonable time prior to the initiation of each payment transaction.
§ 4. A domiciliation and mandate y attachment may be terminated by each party, at any time, by notification to the other party.
Termination of the domicile by the payer is valid and enforceable in all its agents when the payor notifies his creditor, either to his payment service provider if this last possibility was expressly agreed.
S. VII. 29. § 1. Where a specific payment instrument is used to give consent, the payer and his payment service provider may agree to spending limits for payment transactions executed through said instrument of payment.
§ 2. If the framework contract, the payment service provider may reserve the right to block the payment instrument for objectively motivated reasons relating to the security of the payment instrument, to the presumption of a non-authorized or fraudulent use of the payment instrument or, if it is an instrument of payment with a credit agreement the risk significantly increased that the payor is unable to fulfil his payment obligation.
In these cases, the service provider payment shall inform the payer, in the agreed manner and without prejudice to the application of article VII. 98, § 2, of the blocking of the payment and the reasons for this block and this instrument if possible before the payment instrument is blocked and at the latest immediately after.
The provision of the information referred to in the preceding paragraph is not required if it is counteracted by security reasons objectively motivated or prohibited under other applicable legislation.
The payment service provider unblock the payment instrument or replace it with a new payment instrument once the reasons for blocking no longer exist.
Section 2. -Obligations related to instruments of payment art. VII. 30. § 1. Authorized payment service user to use a payment instrument has the following obligations: 1 ° he uses the instrument of payment in accordance with the conditions governing the issuance and use of this payment instrument;
2 ° when knowledge loss, theft, diversion or any unauthorized use of the payment instrument, it shall inform without delay his payment service provider, or the entity specified by the latter.
§ 2. In application of § 1, 1 °, the payment service user takes, as soon as he receives a payment instrument, all reasonable steps to preserve the security of the payment and its security features custom instrument.
S.
VII. 31. The service provider payment issuing a payment instrument has the following obligations: 1 ° to ensure that safety devices custom of any payment instrument are not accessible to other parties that the payment service user permitted to use this instrument, without prejudice to the obligations of the user of payment services referred to in article VII. 30;
2 ° fails to send any payment instrument unsolicited, except in the case where a payment instrument already given to the payment service user is to be replaced;
3 ° it ensures the availability, at any time, means suitable for the payment service user to make a notification referred to in article VII. 30, § 1, 2 °, or request unblocking pursuant to article VII. 29, § 2, last paragraph; the payment service provider shall, on request, to the user of payment services, for eighteen months from the notification, the means of proving that it did well to this notification;
4 ° it prevents any use of the payment instrument after a notification pursuant to article VII. 30, § 1, 2 °;
5 ° it bears the risk linked to the sending to the payer of an instrument of payment or any medium enabling the use, especially any safety device custom of it.
S. VII. 32. The payment service provider shall keep an internal record of payment transactions for a period of at least five years from the implementation of the operations.
This provision is without prejudice to other legal provisions in the provision of supporting documentation.
Section 3. -Notification and disputes in the event of unauthorized or not properly executed payment transactions article VII. 33. The payment service user gets from the service provider

payment, the correction of an operation than if he reports without delay to its service provider payment has found an unauthorized or not properly executed payment transaction giving rise to a claim, including a claim referred to in articles VII. 49-VII. 51, and no later than within 13 months from the date of debit or credit, unless, where applicable, the payment service provider has not provided or made available information in this operation of payment in accordance with articles VII. 4 VII. 26 of the present book.
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VII. 34. § 1. When a payment service user denies having authorised a payment transaction that has been executed, or claims that the payment transaction was not correctly executed, the onus is on its service provider of payment to demonstrate that the transaction in question has been authenticated, duly registered and recognised and not been affected by technical or other disabilities.
§ 2. When a payment service user denies having authorised a payment which has been implemented, the use of a payment instrument, such transaction recorded by the payment service provider, does not necessarily as such to prove that the payment was authorised by the payer or that it acted fraudulently or failed intentionally or by negligence gross in one or more of the obligations imposed on him under article VII. 30 § 3. The King may impose the rules which must satisfy the proof of registration and accounting of the contested payment transaction authentication. It can draw a distinction based on the nature of the transaction of payment and the payment instrument used to initiate a payment order.
The King may also enact penalties for non-compliance thus imposed.
Section 4. -Liability in case of unauthorised payment transactions article VII. 35. Without prejudice to the application of article VII. 33, the payer's payment service provider shall, in the event of unauthorized payment transaction after an audit prima facie for fraud on the part of the payor, refund to the payer the amount of the unauthorised payment transaction and, where applicable, restore the payment account debited in the State where he would be found if the unauthorised payment transaction had not taken place If necessary increased by interest on this amount.
In addition, the payer's payment service provider must reimburse the other possible financial consequences, including the amount of the costs incurred by the licensee for the determination of compensable damage.
S. VII. 36. § 1. By way of derogation from article VII. 35, the payor supports, to 150 EUR, until the notification is made in accordance with article VII. 30, § 1, 2 °, losses relating to any unauthorised payment transaction resulting from the use of a lost or stolen payment instrument or, if the payer is unable to preserve the security of its safety devices customized to the misappropriation of a payment instrument.
The payer shall bear all loss occasioned by payment operations not permitted if these losses result either a fraudulent actions on his part, or because it did not meet, intentionally or by gross negligence, one or more of the obligations imposed on him under article VII. 30. in these cases, the maximum amount referred to in paragraph 1 does not apply.
Where the payer has acted fraudulently or failed intentionally to the obligations entrusted to him under article VII. 30, it does support, by way of derogation from the preceding paragraphs, no loss in the following cases: 1 ° if the payment instrument has been used without physical presentation and without electronic identification.
2 ° If the payment instrument has been copied by a third party or has been improperly used provided that the payer was, at the time of the disputed operation, in possession of the payment instrument.
§ 2. Except where the payment service provider furnishes proof that the payer acted fraudulently, the payer shall not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument, after the notification provided for in article VII. 30, § 1, 2 °.

§ 3. The burden of proof for fraud, intention or gross negligence is the responsibility of the payment service provider.
Are particularly considered as serious negligence mentioned in the § 1, does, for the payer to note its features custom security, as his personal identification number or any other code in an easily recognisable form, and including on the instrument of payment or on an object or document kept or carried by the payer with the payment instrument, as well as not having notified the service provider of payment or the entity specified by the latter loss or theft as soon as it became known.
For the assessment of negligence, the judge takes into account all the factual circumstances. The production by the service provider for payment of the records referred to in article VII. 34 and the use of the payment instrument with the known code of the only user of payment services do not constitute a sufficient presumption of negligence of it.
Section 5. -Refunds for payment transactions initiated by or through the Arts recipient VII. 37. § 1.
The payer's payment service provider must reimburse the payer an authorised payment transaction initiated by or through the beneficiary, which has already been executed, provided that the following conditions are fulfilled: 1 ° the authorization did not the exact amount of the payment transaction when it was given, and 2 ° the amount of the payment transaction exceeded the amount to which the payer could reasonably be expected taking into account his past expenditure profile of the conditions laid down in the framework contract and relevant circumstances of the case.
At the request of the payment service provider, the payer provides factual elements in relation to these conditions.
The rebate is equal to the total amount of the executed payment transaction.
For direct debits, the payer and his payment service provider may agree in the context of a framework contract that the payer is entitled to reimbursement by his payment service provider even if conditions for refund provided for in the first subparagraph are not met.
§ 2. In application of § 1, paragraph 1, 2 °, the payer may however rely on a foreign exchange if transaction-related reasons the reference exchange rate agreed with his payment in accordance with articles VII service provider. 8, § 1, 4 °, and VII. 13, 3 °, b), has been applied.

§ 3. It may be agreed in the framework contract between the payer and provider of payment services that the payer is not entitled to a refund provided that: 1 ° he gave his consent to the execution of the payment transaction directly to his payment service provider, and 2 ° information on the future payment transaction was provided to the payer or placed at his disposal in the agreed manner four weeks at least before the deadline, by a payment service provider or by the beneficiary.
S. VII. 38. § 1.
The payer can request the refund referred to in article VII. 37, a payment transaction authorized and initiated by or through the payee for a period of eight weeks from the date on which the funds were debited.
§ 2. Within ten working days of receipt of the application for refund, the payment service provider shall reimburse the total amount of payment lwoperation either justifies its refusal to reimburse, indicating the agencies that the payer may then enter, in accordance with the provisions of book XV and article VII. 216, if he does not accept the justification given.
The right of the claimant to payment services, referred to in paragraph 1, to refuse the refund does not apply in the case referred to in article VII.
37, § 1, last paragraph Chapter 6. -Implementation of the operations of payment Section 1st. -Payment orders and amounts transferred article
VII. 39. § 1. The time of receipt of the payment order is the time when the payment order transmitted directly by the payer or indirectly by or through a payee is received by the payer's payment service provider. If the time of receipt is not a working day for the payer's payment service provider, the payment order is deemed to have been received the next business day.
The payment service provider may establish a time limit, close to the end of a working day, beyond which any received payment order shall be deemed to have been received the next business day.
§ 2. If the payment service user initiating the payment order and his payment service provider agree that the execution of the payment order will be either a given day, either at the end of a specified period, the day where the payer put the funds at the disposal of its payment service provider, the time of receipt of the order under article VII. 44 is deemed to be the agreed day. If the day agreed

is not a day working for the payment service provider, the payment order shall be deemed to have been received the next business day.
S. VII. 40. § 1. Where the payment service provider refuses to execute a payment order, the refusal and, if possible, the reasons for this refusal and the procedure for correcting any factual mistakes that led to the are reported to the user of payment services, without prejudice to the application of article 12 of the law 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 or of a prohibition under other relevant legislation.
The payment service provider provides the notification or puts it at disposal upon agreed terms, as soon as possible and, in any case, within the period prescribed in article VII. 44. the framework contract may provide for the payment service provider to charge a fee for such a notification if the refusal is objectively justified.

§ 2. When all conditions stipulated in the framework contract of the payer are met, the payer's payment service provider may refuse to execute a payment order authorized, that the payment order is initiated by a payer or by or through a payee, without prejudice to the application of article 12 of the law 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 or of a prohibition under other relevant legislation.
§ 3. For the purposes of articles VII. 44, 49 VII and VII. 50, a payment order whose execution has been refused shall be deemed not received.
S. VII. 41. The payment service user can no longer revoke a payment order once received by the service provider of the payer's payment, unless otherwise provided in this section.
When the payment transaction is initiated by or through the payee, the payer may not revoke the payment order after transmitting the payment order or given its consent to the execution of the operation's payment to the beneficiary.
However, in case of direct debit and without prejudice to the right to a refund, the payer may revoke the payment order at the latest at the end of the business day preceding the day agreed for debiting funds.
In the case referred to in article VII 39, § 2, the payment service user may revoke an order of payment no later than at the end of the business day preceding the agreed day.
After expiry of the periods referred to in paragraphs 1 to 4, the payment order cannot be revoked only if the payment service user and his payment service provider have agreed so. In the cases referred to in paragraphs 2 and 3, the consent of the recipient is also required. If the contract so provides, the payment service provider may charge for the exercise of this right to additional revocation.
S. VII. 42. The payer's payment service provider, the provider's payment of the beneficiary and intermediaries of the payment service providers transfer the total amount of the payment transaction and refrain to levy charges on the amount transferred.
However, the payee and his payment service provider may agree that latter deducts its charges from the amount transferred before crediting the beneficiary. In this case, the total amount of the payment transaction and charges are separated in the information given to the beneficiary.
If charges other than those referred to in paragraph 2 are deducted from the amount transferred, the payer's payment service provider shall ensure that the recipient receives the total amount of the payment transaction initiated by the payer. In the event that the payment transaction is initiated by or through the payee, his payment service provider shall ensure that the recipient receives the total amount of the payment transaction.
Section 2. -Execution time and date value art. VII. 43. § 1. This section applies: 1 ° to payment transactions in euros;
2 ° payments involving only one conversion between the euro and the currency of a non-euro area Member State provided that the required conversion is carried out in the non-euro area Member State and that, in cases of cross-border payment transactions, the cross-border transfer takes place in euro.
§ 2. This section shall apply to other payment transactions, unless the payment service user and his payment service provider agree otherwise, with the exception of article VII. 47, from which the parties cannot derogate.
When the payment service user and his payment service provider agree on a longer period than those laid down in article VII. 44 for the intra-Community payment transactions within the EEA, this period may not exceed four working days from the moment of receipt as defined in article VII. 39 s. VII. 44. § 1. The payer's payment service provider to ensure that, after the time of receipt as defined in article VII. 39, the amount of the payment transaction is credited to the account of the beneficiary's payment service provider at the latest at the end of the first following working day. This period may be extended by one additional working day in the case of payment transactions initiated on paper.
For the execution of transactions national electronically initiated payment between two payment accounts where payment of the payer and the beneficiary services provider is the same person, the time limit referred to in the preceding paragraph is reduced until the end of the same business day in which occurs the moment of receipt as defined in article VII. 39 § 2.
The beneficiary's payment service provider assigns a date value to the payment transaction and updates the amount available on the payment of the beneficiary account after the payment service provider has received the funds in accordance with article VII. 47 § 3. The beneficiary's payment service provider transmits a payment order initiated by or through the payee to the payer's payment service provider within the time limits agreed between the payee and his payment service provider, enabling regulation, with regard to the domicile, to the agreed due date.
S. VII. 45. When the beneficiary is not the holder of a payment account with the payment service provider, the funds are made available to the beneficiary by the payment service provider who receives the funds to the beneficiary within the time limit set in article VII. 44 s. VII. 46. When a consumer pays with cash on a payment account with that service provider of payment, in the currency of that payment account, the payment service provider shall ensure that the amount paid is made available and receive a date value immediately after the time of the receipt of these funds.
When the payment service user is not a consumer, the amount is made available and receives a date value to no later than the working day following that of the receipt of the funds.
S.
VII. 47. § 1. For the payment of the beneficiary account, the date value of the credit is not later than the working day in which the amount of the payment transaction is credited to the account of the beneficiary's payment service provider.
Payment service provider the recipient shall ensure that the amount of the payment transaction is at the disposal of the beneficiary immediately after this amount has been credited to the account of the beneficiary's payment service provider.
§ 2. For the payer's payment account, the date value of flow is not earlier than the time when the amount of the payment transaction is debited from the account of payment.
Section 3. -Liability in case of identifying unique wrong, non-execution or incorrect execution art. VII. 48. § 1. A payment order executed pursuant to ID single shall be deemed duly executed with regard to the indicated recipient by username unique.
The payment service provider checks however, insofar as this is possible technically and without manual intervention, if the ID unique is consistent. Failing that, he refuses to execute the payment order and shall inform the payment service user who gave the identifier.
§ 2. If the ID unique supplied by the payment service user is incorrect, the payment service provider is liable in respect of articles VII. 49 and VII. 50 fulfilment or faulty execution of the payment transaction, provided that it has carried out the inspection referred to the § 1.
However, the payer's payment service provider shall attempt, to the extent reasonable, to recover the funds involved in the payment transaction.
If the framework contract, the payment service provider may charge a collection fee to the payment service user.

§ 3. If the payment service user provides information additional to those which are defined in articles VII. 81, § 1, 1 °, or VII. 13, 2 °, b), the payment service provider is responsible for the execution of the payment transaction in accordance with

in the ID unique supplied by the payment service user.
S. VII. 49. § 1. Where a payment order is initiated by the payer, his payment service provider shall, without prejudice to the application of articles VII. 33, VII. 48, §§ 2 and 3, and VII. 53, responsible for the good execution of the payment with respect to the payer transaction.
By way of derogation from paragraph 1, the beneficiary's payment service provider is responsible for the proper execution of the payment to the recipient transaction where the payer's payment service provider can demonstrate to the payer and, where applicable, to the provider of payment service of the beneficiary that the beneficiary's payment service provider received the amount of the transaction of payment in accordance with article VII. 44 § 2. When the payer's payment service provider is liable under the § 1, it shall return without delay to the payer the amount of the non-executed or incorrectly executed payment transaction and, if necessary, restores the payment account debited in the situation that would have prevailed if the bad payment transaction had not taken place.
When the beneficiary's payment service provider is liable under the § 1, he immediately the amount of the payment transaction at the disposal of the beneficiary and, if necessary, credit account for payment of the beneficiary of the corresponding amount.
§ 3. In the case of a payment transaction not executed and or poorly executed and where the payment order is initiated by the payer, the payment of it service provider strives, immediately, at the request of the payer, regardless of liability determined in the title of this article, to find the trace of the payment transaction and notify the payer the result of his research.
S. VII. 50. § 1.
Where a payment order is initiated by or through the payee, his payment service provider shall, without prejudice to articles VII. 33, VII. 48, §§ 2 and 3, and VII. 53, responsible for the beneficiary of the correct transmission of the payment order to the service provider of the payer's payment, in accordance with article VII. 44, § 3.
When the beneficiary's payment service provider is liable under the preceding paragraph, it immediately transmits the payment order in question to the payer's payment service provider.
§
2. The beneficiary's payment service provider is, without prejudice to the application of articles VII. 33, VII. 48, §§ 2 and 3, and VII. 53, responsible for the beneficiary, the processing of the payment transaction in accordance with the obligations entrusted to him under article VII.
47. when the beneficiary's payment service provider is liable under the preceding paragraph, it ensures that the amount of the payment transaction is put at the disposal of the recipient immediately after the amount has been credited to the account of the beneficiary's payment service provider.
§ 3. In the case of a payment transaction not executed or incorrectly executed for which the beneficiary's payment service provider is not responsible on the basis of §§ 1 and 2 of this article, it is the service provider of the payer that is responsible with respect to the payer's payment.
The service provider of the payer's payment which is liable in respect of the preceding subparagraph renders the payer, as necessary and without delay, the amount of the payment transaction not executed or badly executed and restores without delay the payment account debited in the situation that would have prevailed if the bad payment transaction had not taken place.
§ 4. In the case of a non-executed or incorrectly executed payment transaction where the payment order is initiated by or through the payee, the payment of it service provider strives immediately, upon request, irrespective of the liability determined at the title of this article, to trace the payment transaction and notify the result of his research to the beneficiary.
S. VII. 51. Payment service providers are accountable for their respective users of payment services, charges which they are responsible and interest incurred by the user due to non payment service or faulty execution of the payment transaction.
Similarly, the payment service user is entitled to additional compensation for other possible financial consequences than those provided for by this section.
S. VII. 52. When the responsibility of a provider of payment services to the title of articles VII. 49-VII. 50 is attributable to another payment service provider or to an intermediary, said payment service provider or intermediary shall compensate the first payment for all losses service provider or all sums paid in respect of articles VII. 49-VII. 50. further financial compensation may be determined in accordance with agreements between payment service providers and/or intermediaries and the law applicable to the agreement which they had concluded.
S.
VII. 53. The responsibility referred to in articles VII.27 to VII.52 does not due to force majeure or when the payment service provider is bound by other legal obligations laid down by national legislation or by the European Union.
CHAPTER 7. -Provisions common to all operations of payment referred to in chapters 5 and 6 art. VII. 54. When the payment service user is not a consumer, the parties may decide that articles VII.
27, § 3, VII. 28, VII. 34, VII. 36 at VII. 38, VII. 41, VII. 49-VII. 51, and VII. 55, § 1, shall not apply in whole or in part. The parties may also agree to a separate timeline of that laid down in article VII. 33 s. VII. 55. § 1.
The payment service provider cannot, pursuant to articles VII. 27-VII. 53, and unless otherwise provided, charge to the service user's payment for the fulfilment of its obligations.
By way of derogation to the ' preceding paragraphs, the payment service provider may charge in the cases referred to in articles VII. 40, § 1, VII. 41, paragraph 5, or VII. 48, § 2, provided that these costs are agreed in the framework contract between the payment service user and service provider of payment and to the extent that they are reasonable and in relation to the real costs borne by the payment service provider.
§ 2. Where a payment transaction does not currency conversion, the payer and the beneficiary pay, each for their part, the charges levied by their respective payment service provider.

§ 3. The payment service provider shall not prevent the beneficiary to charge or propose a reduction to the payer for the use of a given payment instrument.
This allowance cannot be greater than the actual costs to the recipient from the use of this payment instrument.
By way of derogation from paragraph 1, the King may, taking into account the need to encourage competition and promote the use of efficient payment methods, by Decree deliberated in the Council of Ministers, prohibit or restrict the right of the beneficiary to claim compensation for transacting payment using a payment instrument.
The King may also, by Decree deliberated in the Council of Ministers, set for benefits maxima, regardless of their qualifications or their shape, claimed by the service provider's payment to the beneficiary for the provision of equipment to facilitate the provision of payment services by using a payment instrument.
S. VII. 56. § 1. In the case of payment instruments which, according to the framework contract, concern exclusively payment transactions exceeding EUR 30 not individually or have a limit of expenditure of EUR 150, or even which store funds exceeding the amount at any time 150 euros, payment service providers may agree with their payment service users that : 1 ° articles VII. 30, § 1, 2 °, VII. 31, 3 ° and 4 °, and VII. 36, § 2, shall not apply if the payment instrument does not allow blocking or prevention of future use;
2 ° articles VII. 34, VII. 35, and VII. 36, § 1, paragraphs 1 and 2 do not apply if the payment instrument is used anonymously or the payment service provider is not able for other reasons inherent to the payment instrument to prove that a payment has been authorised;
3 ° by way of derogation from article VII. 40, § 1, the payment service provider is not obligated to notify the payment service user the refusal of the payment order if its failure is apparent from the context;
4 ° by way of derogation from article VII. 41 the payer may not revoke the payment order after transmitting the payment order or gave its consent to the execution of the operation's payment to the beneficiary;
(5) by way of derogation from sections VII.
44 and VII. 45, other enforcement timeframes apply.
§ 2. For payment transactions, the King may, by Decree deliberated in the Council of Ministers, reduce or double the amounts referred to in the § 1, paragraph 1, and for prepaid payment instruments increase up to 500 euros.

§ 3. Articles VII. 35 and VII.
36 shall apply also to electronic money, unless the payer's payment service provider does not have the ability to block the payment account or block the payment instrument and the instrument fulfils the conditions of use referred to in the introductory provision of § 1.
CHAPTER 8. -Basic banking service s. VII. 57. § 1. Basic banking service is a payment service that includes the services referred to in article I. 9, 1 ° a) to c), with the exception of any payment delay by using a payment instrument, and the inscription in the chequing account.
The ability to place or to withdraw cash on a payment account is worth only in to the Belgium.
The King can amend and supplement the list of these services.
§ 2. Any credit institution must offer basic banking service. Every consumer is entitled to basic banking service.
Access to basic banking service may depend on the conclusion of a contract for a service that is incidental.

§ 3. The maximum package for basic banking service may not exceed the amount of EUR 12 per year.
The King determines the number of operations included in this package. It can adapt this tariff.
§ 4. If exceeded the number of allowable operations, the credit institution may charge these operations at the usually convenient price.
The King may set a maximum price per operation.
§ 5. The credit institution cannot, either expressly or tacitly, offer or grant a credit opening associated with a basic banking service.
A payment as part of a basic banking service transaction cannot be executed if it creates a debit balance.
S. VII. 58. Consumers who request a basic banking service can already benefit from a basic banking service, another payment or an account which the annual average combined balance account exceed EUR 6,000.
For the determination of this amount, the guarantees referred to in article 10 of the civil Code, Book III, title VIII, chapter II, Section 2, are not taken into account.
The King may change this amount.
S. VII. 59. § 1. The application for opening a basic banking service must be written using a form provided by the credit institution.
The application form contains a declaration by which the consumer confirms it does not yet have a banking service base or a payment account.
The King may determine the particulars which must appear on the application form.
§ 2. The credit institution may refuse a request or terminate Bank basic service in the event of fraud, abuse of confidence, of fraudulent bankruptcy, forgery, money laundering of capital or financing of terrorism by the consumer, and breach of article VII. 58, paragraph 1 to 3.
The decision of admissibility of a request for collective settlement of debts cannot constitute a ground for refusing a payment account or terminate the contract.
The decision for refusal or termination must be affixed on the application form, including the reasons and justification for this decision.
In this form complaint and extrajudicial appeal procedures which are open to consumers are mentioned explicitly, so that the full name, address and the telephone number of the competent authority, referred to in article VII. 59, § 3, paragraph 1, to challenge a refusal of opening or termination of this basic banking service. The consumer receives free in case of refusal or termination a copy of the application form.
This information is not required when it endangers objectively justified security measures or when it is prohibited under other applicable laws.
§ 3. Without prejudice to the application of § 2, last paragraph, the credit institution communicates without delay, in writing and free decision for refusal or termination to the competent body to deal with a complaint and out-of-court appeal procedure and, where appropriate, the Ombudsman of debts.
May annul the decision of the credit institution or impose support banking of the basic service by another credit institution, on such conditions as he determines.
§ 4. The credit institution shall transmit each year to the competent body referred to in § 3 information on the number of open accounts, the number of refusals and terminations as well as their motivation. The information on the previous calendar year are transmitted to no later than January 31 of the following year.
CHAPTER 9. -The issuance and repayment of electronic money and the prohibition of interest articles
VII. 60. Electronic money issuers issue electronic money at par value against the receipt of funds.
S. VII. 61. § 1. Issuers of electronic money refund, at the request of the electronic money holder, at any time and at face value, the monetary value of the electronic money held.
§ 2. The contract between the issuer of electronic money and electronic money holder clearly and prominently the repayment terms, including any costs y, and the electronic money holder is notified of these conditions before he is bound by a contract or an offer.
§ 3. The refund may give rise to the collection of fees if the agreement in accordance with § 2 and only in one of the following cases: 1 ° the refund is requested before the expiry of the contract;
2 ° the contract specifies an expiry date and the electronic money holder ended the contract before that date, or 3 ° refund is requested more than a year after the date of expiry of the contract.
The amount of the fees must be proportionate and in relation to the real costs borne by the issuer of electronic money.
The King may determine the criteria for determining the actual costs borne by the issuer of electronic money.
§ 4. When the refund is requested before the expiry of the contract, the electronic money holder may request repayment of electronic money in whole or in part.
§ 5. When reimbursement is requested by the electronic money holder on the date of expiry of the contract, or within a period of one year after it: 1 ° the total monetary value of the electronic money held shall be refunded or 2 ° when the electronic money institution carries out one or more activities in accordance with article 77, § 1, of the Act of December 21, 2009 and that the proportion of funds that will be used in the form of electronic money is not known in advance all the funds which the refund is requested by the electronic money holder are reimbursed.
§ 6. Notwithstanding §§ 3 to 5, the right to reimbursement of persons, other than consumers, that accept the electronic money is subject to the contractual agreement between the issuers of electronic money and these people.
S. VII. 62. Issuers of electronic money may grant interest or any other benefit related to the duration during which the electronic money holder holds electronic money.
CHAPTER 10. -Protection of data art.
VII. 63. Without prejudice to the application of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, the treatment of the personal data by payment systems and payment service providers, is allowed when this is necessary to ensure the prevention, research and detection of fraud in payments.
The King may, by Decree deliberated in the Council of Ministers, following the opinion of the Committee on the protection of private life, determine more precisely the treatment modalities for such goals as defined and legitimate purposes in the present book.
TITLE 4. -Contracts of credit Chapter 1. -1 Section consumer credit. -For the promotion of the sub-section 1st credit. -Of advertising art. VII. 64. § 1. Refers to any advertising which indicates an interest rate or figures related to the cost of the credit to the consumer, clear, concise, effective and appropriate audible, so using a representative sample the following basic information: 1 ° the rate debtor, fixed or variable, with information on all charges included in the total cost of the credit to the consumer;
2 ° the amount of the credit;
3 ° the annual percentage rate;
4 ° the duration of the credit agreement;
5 ° if it is a credit granted in the form of a deferred payment for a good or a service, the cash price and the amount of any advance payment, and 6 ° where appropriate, the total amount owed by the consumer and the amount of the instalments.
The King determines for any advertising, whatever the medium used, the size of the characters in relation to information on the nature of the operation, its duration, to the fixed character or variable borrowing rate, to the amount of refunds and the annual percentage rate and, if it's a promotional rate, the period during which the rate applies.
The amount of the credit is based on the amount of the average credit that depending on the type of credit agreement for which advertising is carried out, is representative of all the offerings of the creditor or credit intermediary.
If several types of credit agreements are available at the same time, a separate representative example

must be provided for each type of credit agreement.
§ 2. Any advertising concerning credit for consumption refers to the following message: "Attention, borrow money also costs money.".
Regardless of the medium used, the King determines, if necessary, the size of the characters in this message.
§ 3. If the conclusion of a contract regarding an ancillary service linked to the credit contract, including insurance, is compulsory for obtaining even credit or in accordance with the clauses and terms of trade, and its cost cannot be determined beforehand, the obligation to contract this service is also mentioned in clear, concise, visible and audible, as well as the annual percentage rate.
S. VII. 65. § 1. Is prohibited any advertising for a contract of credit which is focused specifically on: 1 ° the consumer incentive, unable to deal with its debts, to make use of credit;
2 ° development of the ease or speed with which credit may be obtained;
3 ° incitement to reunification or the centralization of the current appropriations or which specifies that current credit agreements have little influence on the assessment of an application for credit or not.
§ 2. Is also prohibited any advertising for a credit agreement that: 1 ° made reference to approval, a registration or a registration as a lender or credit intermediary;
2 ° by referring to the annual percentage rate maximum or the legality of the rates applied, gives the impression that these rates are only to be applied.
Any reference to the legally authorized maximum global effective annual rate and the maximum rate legally authorized must be presented in non-clear, legible and apparent or, where appropriate, audible and must indicate in a way says the annual percentage rate maximum legally authorized;
3 ° indicates that a credit agreement can be concluded without item of information to assess the financial situation of the consumer;
4 ° mentions another identity, address or quality than that provided by the advertiser as part of its accreditation, registration or registration as a lender or credit intermediary;
5 ° to indicate a type of credit, only uses a different name that is used in the present book;
6 ° mentioned advantageous rates without indicating the particular or restrictive conditions to which the benefit of these rates is subject;
7 ° indicates with words, signs or symbols that the amount of the credit is made available in cash or money cash;
8 ° marked with the words "free credit"or words equivalent, other than the indication of the annual percentage rate; "
9 ° promotes an act that must be considered to be a breach or a violation to this book or its orders.
S.
VII. 66. When advertising for both credit consumption than mortgage or also contracts for credits which fall outside the scope of this book, and that the advertisement does not generally clear, visible and audible where applicable, what information concerning what credit agreement, the provisions of this subsection apply then to all advertising.
Sub-section 2. -Solicitation s. VII. 67. The canvassing for credit agreements is prohibited. Is considered as of canvassing: 1 ° the visit, the creditor or credit intermediary, in the home, at the residence or workplace of the consumer, as well as the domicile or the residence of another consumer, on the occasion of which a credit offer is made or a credit application or credit contract is subject to the signing of the consumer unless the creditor or credit intermediary went there to express and the consumer's prior request.
Evidence of this application may be made by a separate sustainable support of the offer of credit, in the form of credit application or credit agreement and prior to the visit;
2 ° approach of the consumer by the lender / credit intermediary to offer him a visit;
3 ° the sending to the consumer, by any means of communication, a credit offer, means credit or instrument of payment unless the creditor or credit intermediary sent it to the express and request prior to the consumer unless the shipment has been made to meet the obligations of the lender under the provisions of Chapter 2 of title 3 of Book VI. Evidence of this application may be made by sustainable, distinct from the offer of credit or the credit agreement and support prior to the sending of the payment instrument, the means of credit or offer;
4 ° the organisation of points of sale or the approach of the consumer in order to offer him a credit to the places referred to in article 4, § 1, paragraphs 1 and 2, of the law of 25 June 1993 on the exercise and the Organization of travelling and fairground activities;
5 ° approach the consumer during an excursion organised by or on behalf of a seller or a provider of service or by a lender or a credit intermediary, to encourage the consumer to acquire goods or services on credit, unless this goal clearly and previously announced to the consumer as being the main purpose of the proposed tour. The proof of this announcement is the responsibility of the organizer of the tour.
Sub-section 3. -Promotional art. VII. 68. It is forbidden to the seller of goods or services to link a reduction in price to a levy of credit, the use of a credit opening or a card or payment instrument is linked.
Section 2. -Of formation of the credit subsection 1st contract. -Information required by the lender and credit intermediary s. VII. 69. § 1. In the context of the evaluation of the creditworthiness, lender and credit intermediary are required to ask the consumer seeking a credit agreement, as well as, where appropriate, to the person who is a personal safety, accurate and complete information the lender deems necessary in order to assess their financial situation and their faculties of reimbursement. The consumer and the person making a security are required to respond accurately and complete.
In no case, the solicited information may relate to race, ethnic origin, sexual life, health, political, philosophical or religious activities and views or trade union or mutual membership.

§ 2. The lender or, where applicable, the credit intermediary, shall respectively submit a credit application form or, if a form of request for information to the consumer and the person making a personal safety, in the form of a questionnaire describing all the information requested by the lender and/or credit intermediary in accordance with the § 1, paragraph 1. In order to produce proof of the obligations under this article, the lender is required to maintain this form also long collected credit has not been repaid. The information provided by the consumer or the person who is a personal safety can only be communicated to the and processed by the persons referred to in article VII. 119, § 1 and, where appropriate, through credit.
The questionnaire has less respect to the purpose of the credit, to revenues, to dependants, ongoing financial commitments including the number and amounts of current appropriations. The King may, by order deliberated in Council of Ministers, complete this list where the amount of the credit exceeds the 3.000 euro.
The questionnaire refers to the files which, in accordance with article VII, 79, will be consulted.
Without prejudice of § 1, clause 1 does not apply in the event that the amount of the credit does not exceed EUR 500.
Sub-section 2.
-Of pre-contractual information.
S. VII. 70. § 1. In good time before the consumer is bound by a contract or an offer of credit, the lender and, where appropriate, the credit intermediary, provides to it, based on the terms and conditions of the proposed credit by the lender and, possibly, the preferences expressed by the consumer and information provided by the latter, custom information needed so that he compare the different offers in order to take a decision informed on the conclusion of a credit agreement. This information is provided in a durable medium, using the form "European standard credit information to consumers (SECCI)" which is contained in annex 1 of the present book. The lender and, where applicable, the credit intermediary or designated agent shall be presumed to have complied with the information requirements laid down in this paragraph and those of article VI. 55, § 1, of the Code of economic law, if he has supplied the SECCI.
The information relates to: 1 ° the type of credit;
2 ° the identity, including the business number, the lender and if applicable credit intermediary concerned as well as their geographical address into account in relations with the consumer;
3 ° the amount of credit and the conditions for removal of the credit;
4 ° the duration of the credit agreement;
5 ° in the case of credit granted in the form of a delay of payment for a good or a given service and contracts of credit related, this good or service and its cash price;
6 ° the borrowing rate, the conditions

at this rate, and provided that it is available, any index or reference rate that relates to the baseline debtor as well as the periods, conditions and procedures for the adjustment of the rate.
If different borrowing rates apply depending on the circumstances, the above information relates to all applicable borrowing rate;
7 ° the annual percentage rate of charge and the total amount owed by the consumer, using a representative example that mentions all of the assumptions used to calculate this rate. If the consumer indicated one or more elements of the credit that he favours, such as the duration of the credit agreement and the amount of the credit to the lender, the lender must take into account these elements. If a credit agreement provides different possibilities for credit, assorted collection of charges or different borrowing rates, and that the lender applies the hypothesis to be determined by the King and reflecting this situation, this indicates that the existence other modalities of collection for this type of credit may lead to the application of global effective annual rate higher;
8 ° the amount, number and frequency of payments by the consumer and, where appropriate, the order in which payments will be allocated to different balances attached to different for the refund receivable rates;
9 ° where appropriate, the costs of maintaining one or several accounts for recording both payment transactions as credit levies, unless the account is optional, the expenses for use of a payment instrument allowing both the payment and operations levies so that all other charges arising from the credit agreement and the conditions under which these costs may be modified in accordance with article VII. 86;
10 ° where appropriate, the existence of notary fees owed by the consumer to the conclusion of the credit agreement;
11 ° the obligation to enter into an ancillary service linked to the credit contract, including insurance, where the conclusion of a contract for this service is mandatory for obtaining even credit or in accordance with the terms and business conditions;
12 ° the interest rate applicable in the case of late payments and the arrangements for its adjustment and, where applicable, the charges of breach of the credit agreement;
13 ° a warning regarding the consequences of unpaid bills.
14 ° where appropriate, the security required;
15 ° the existence or absence of a right of withdrawal;
16 ° the right to early repayment and, where applicable, the right of the lender to compensation as well as the method of calculation thereof in accordance with article VII. 97;
17 ° the right of the consumer to be in accordance with article VII. 79, informed immediately and without charge of the result of the consultation of a database for the purposes of assessing his creditworthiness;
18 ° the right consumer receive, upon request and free of charge, a copy of the draft credit agreement.
This provision does not apply if, at the time of the request, the lender is not willing to conclude the contract of consumer credit;
19 ° where appropriate, the time during which the creditor is bound by the pre-contractual information.
Any additional information that the lender wants to give to the consumer are provided in a separate document which may be annexed to the SECCI.
§ 2. in case of communication by voice telephony in article VI. 56, code of economic law, the description of the main characteristics of the financial service, referred to in article VI. 56, paragraph 2, b), include at least for what concerns the consumer credit, the information referred to in the § 1, paragraph 2, 3 ° to 6 °, 8 °, the annual percentage rate by means of a representative example so that the total amount owed by the consumer.

§ 3. When the contract was concluded at the consumer's request using a means of distance communication which does not provide the required information in accordance with the § 1, particularly in the case referred to in § 2, the lender provides to the consumer all the pre-contractual information through the SECCI form immediately after the conclusion of the credit agreement.
§ 4. The consumer receives, on request and free of charge, in addition to the SECCI, a copy of the draft credit agreement. This provision does not apply if, at the time of the request, the lender is not willing to conclude the contract of consumer credit.
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VII. 71. § 1. This article applies: 1 ° to refundable overdraft facilities at the request of the lender or within a maximum period of three months;
2 ° to overdraft facilities that must be repaid endeans a month for what concerns the § 3;
3 ° to credit agreements concluded with an investment firm referred to in article VII. 3, § 3, 5 °;
4 ° to credit contracts providing for payment periods referred to in article VII. 3, § 3, 6 °.
§ 2. By way of derogation from article VII. 70, § 1, in good time and before the consumer is bound by a contract or an offer of credit, the creditor and, where applicable, the credit intermediary, gives, on the basis of the terms and conditions of the proposed credit by the lender and, possibly, the preferences expressed by the consumer and information provided by the latter, the information required for the comparison of the different offers to make a decision informed on conclusion of a credit agreement. This information is provided in a durable medium, using the SECCI form contained in annex 2 of this book. The lender shall be deemed to have fulfilled the information requirements in this paragraph and in article VI. 55, if he provided the "European standard credit information to consumers".
The information relates to: 1 ° the type of credit;
2 ° the identity, including the business number, the lender and if applicable credit intermediary concerned as well as their geographical address into account in relations with the consumer;
3 ° the amount of the credit;
4 ° the duration of the credit agreement;
5 ° the borrowing rate, the conditions applicable to this rate, any index or reference rate that relates to the initial borrowing rate, charges applicable upon the conclusion of the credit agreement and, where appropriate, conditions under which those charges may be changed;
6 ° the annual percentage rate, using a representative example that mentions all the assumptions used for calculating this rate;
7 ° the conditions and the manner in which the credit agreement may be terminated;
8 ° where applicable, an indication that it may be requested at any time to the consumer to repay the total amount of credit;
9 ° the interest rate applicable in the case of late payments and the arrangements for its adjustment and, where applicable, the charges of breach of the credit agreement;
10 ° the right of the consumer to be in accordance with article VII. 79, informed immediately and without charge of the result of the consultation of a database for the purposes of assessing his creditworthiness;
11 ° information relating to costs applicable upon the conclusion of the credit agreement and the conditions under which those costs may be modified in accordance with article VII. 86;
12 ° where appropriate, the time during which the creditor is bound by the pre-contractual information.
§ 3. By way of derogation from article VII. 70, § 2, in the case of communication by voice telephony in article VI. 56, and when the consumer requests that the overdraft facility is readily available, the description of the main characteristics of the financial service, referred to in article VI. 56, paragraph 2, b), has at least the information provided for in § 2, paragraph 2, 3 °, 5 ° 6 ° and 80.
§ 4. Upon request, the consumer receives, without costs, in addition to the SECCI, a copy of the draft credit agreement. This provision does not apply if, at the time of the request, the lender is not willing to conclude the contract of consumer credit.
§ 5. When at the request of the consumer, the contract was concluded using a means of distance communication which does not provide the information required in accordance with § 2 even in cases percivalisknown § 3, the lender, immediately after the conclusion of the credit agreement, respects the duty which lies upon him under subsection 2 providing the consumer with the contractual information pursuant to article VII. 78, to the extent where it applies.
S. VII. 72. Articles VII. 70, VII. 71, VII. 74-VII. 75, do not apply to suppliers of goods or service providers acting as intermediaries of credit 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 those articles.
Does not exercise an ancillary activity, credit intermediary who offers both a credit agreement and a payment instrument 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.
Sub-section 3. -The obligation to provide particular information of credit intermediary s. VII. 73. Any credit intermediary shall inform the consumer of its quality

credit intermediary, as well as the nature and the scope of its powers, both in its advertising on the documents for the customer. This information includes the quality of broker credit or tied agent.
Tied agent shows the identification of the lender in all documents intended for the customer.
Subsection 4. -Adequate explanations s.
VII. 74. Lenders and, where applicable, credit intermediaries, provide the consumer with adequate explanations with which it will be able to determine if the proposed credit agreement is adapted to his needs and to his financial situation, where appropriate by explaining the pre-contractual information to be provided under article VII.70, § 1, the essential characteristics of the products proposed and the specific effects they may have on the consumer including the consequences of default of payment by the consumer.
If a credit opening comes at a point of sale outside the institution of the lender or remotely, an appropriate explanation is provided by the lender or, where appropriate, through credit regarding the advantages and disadvantages of this type of credit compared with the sales or loans installment, if these types of credit are provided by the creditor or the credit intermediary. This explanation includes amortization of capital, the imputation of interest, global effective annual rate maxima, the deadline for zeroing and the chargeability of the remaining balance owed in the event of unilateral termination referred to in article VII. 98, § 1, paragraph 2.
Subsection 5. -Council s. obligations VII. 75. The creditor and credit intermediary shall seek, within the framework of the credit agreements they usually offer or for which they usually intervene the type and the amount of credit the most suitable, taking into account the financial situation of the consumer at the time of the conclusion of the contract and the purpose of the credit.
Sub-section 6. -The duty of investigation.
S. VII. 76. The lender can only conclude contract of credit or security agreement only after verification of credentials on basis and as appropriate:-the identity card referred to in article 6 of the law of 19 July 1991 on the population registers and identity cards and amending the Act of 8 August 1983 organising a national register of natural persons;
-residence permit issued at the time of registration for the waiting registry referred to in article 1, § 1, paragraph 1, 2 ° of the Act of 19 July 1991;
-the identity of the passport card or the travel document in lieu thereof, issued to a foreigner not staying in the Kingdom, by the State where he resides or of which he is a national.
S. VII. 77. § 1. The lender shall give the assessment of the solvency of the consumer before the conclusion of the credit agreement, and checks that the consumer will be able to meet its repayment obligations. He also conducts the evaluation of the creditworthiness of individuals who have formed a personal safety.
For this purpose, the lender is also obliged to consult the Central, with the exception of the overflow. The King fixed the modalities for this consultation.
The King determines how the lender provides proof of the consultation of the Central as well as the period during which this evidence must be retained.
For the purposes of paragraphs 1 to 3, each change of the amount of the credit involves the conclusion of a new credit agreement.
In addition, for contracts of open-end credit, the lender is required to re - examine each year, not later than the first working day following the anniversary date of the conclusion of the credit agreement, on basis of a new consultation of the Central, the creditworthiness of the consumer in accordance with paragraphs 1 to 3. This provision is not applicable when, for these credit agreements, a period of zeroing equal or less than one year applies.
§ 2. The lender cannot conclude that if credit agreement, account in light of the information which it has or should have, he must reasonably estimate that the consumer will be able to fulfil the obligations arising from the contract.
When, in the head of the consumer, a (s) outstanding balance (s) is (are) registered (s) in Central for a total outstanding of more than 1.000 euros as part of a consumer credit which only has (have) not been repaid (s), a lender may enter into a new credit agreement. In other cases of unpaid (non refund (s), a lender may enter into a new credit agreement only with a supplementary motivation in the credit file.
Sub-section 7. -From the conclusion of the credit agreement.
S.
VII. 78. § 1. The credit agreement is concluded by the signature or electronic signature, referred to in article XII. 25, § 4, of all the contracting parties and is based on a durable medium containing all the contractual conditions and particulars referred to in this article. All contracting parties having a distinct interest as well as credit intermediary receive a copy of the credit agreement.
Except for the opening of credit, no credit agreement term with amortization of capital is perfect as an amortization schedule, referred to in § 3, 4 ° of this article, was not delivered to each Contracting Party having a separate interest.
For a line of credit, the consumer prefaces its signature of the mention of the amount of the credit: "Read and approved for... euros in credit.". For all other loan agreements, the consumer prefaces its signature of the reference to the total amount owed by the consumer: "Read and approved for... euros to reimburse.". In both cases, the consumer also brings the mention of the date and the exact address of the signing of the contract.
§ 2. The credit agreement mentions, a clear and concise manner: 1 ° the type of credit;
2 ° the name, first name, place and date of birth so that the domicile of the consumer and, where applicable, persons who constitute a security;
3 ° the identity of the lender, including its business number, its geographical address into account in relations with the consumer as well as the coordinates of the administration of competent surveillance with the FPS economy;
4 ° where appropriate, the identity of the credit, including its business number intermediary, its geographical address into account in relations with the consumer as well as the coordinates of the administration of competent surveillance with the FPS economy;
5 ° the duration of the credit agreement;
6 ° the amount of the credit and collection of credit conditions;
7 ° the borrowing rate, the conditions applicable to this rate and, as long as it is available, any index or reference rate that relates to the rate original debtor, as well as the periods, conditions and procedures for the adjustment of the rate and, if different borrowing rates apply depending on the circumstances, the above information relates to all the applicable rates;
8 ° the annual percentage rate of charge and the total amount owed by the consumer, calculated at the time of the conclusion of the credit agreement. All the assumptions used to calculate this rate, are mentioned;
9 ° the procedure for terminating the credit agreement;
10 ° the clause: "this contract subject to a registration in the central credit to individuals in accordance with article VII. 148 of the Code of economic law. ";
11 ° the purposes of the processing in the Central;
12 ° the name of the plant;
13 ° the existence of a right of access, rectification and deletion of data as well as retention of the latter.
§ 3. In addition to the information referred to in paragraph 2, the credit contract, except contracts of credit referred to in § 4 mentions, a clear and concise manner: 1 ° if can have the credit through a payment instrument, the rules applicable under the legislation on payment services in the event of loss or theft or misuse of the card or the title , as well as, where appropriate, the maximum for which the consumer assumes the risk resulting from misuse by a third party;
2 ° If the credit is granted in the form of a deferred payment for a good or a service, or in the case of linked credit agreements, this product or service and its cash price;
3 ° the amount, number and frequency of payments to be made by the consumer, including a possible deposit, and, where appropriate, the order in which payments will be allocated to different balances attached to different for the refund receivable rates;
4 ° in case of depreciation of the capital of a credit agreement term, the right of the consumer to receive, upon request and free of charge at any time during the duration of the contract, a statement, in the form of an amortisation table. This indicates: a) payments owing and the periods and conditions for payment of these amounts;
(b) the breakdown of each repayment between depreciation of capital, interest calculated on the basis of the borrowing rate and, where applicable, the additional costs;
(c) If, under the credit agreement, the borrowing rate is not fixed, a clear and concise statement that data listed in the table will be valid until the following modification of the borrowing rate or the additional costs in accordance with the credit agreement;
5 ° if there is payment of costs and interest not subject to depreciation of capital, a statement

periods and conditions of payment of interest expense and non-recurring and recurring costs;
6 ° if applicable, the costs of maintaining of one or several accounts designed to save both pick payment operations, unless the opening of an account is optional, the costs of using a means of payment for both payment and sampling operations, as well as all other expenses arising from the credit agreement and the conditions under which these costs may be modified in accordance with article VII. 86;
7 ° the rate of interest applicable in case of delay of payment at the time of the conclusion of the credit agreement and the arrangements for adjustment of this rate, as well as, where appropriate, the charges payable for default;
8 ° a warning about the consequences of missing payments;
9 ° where appropriate, the existence of notarial fees;
10 ° if applicable, the sureties and insurance required;
11 ° the existence or absence of a right of withdrawal, the period during which that right may be exercised and other conditions for the exercise, including information on the obligation of the consumer to repay the collected principal and interest in accordance with article VII. 83, and the amount of daily interest.
12 ° information concerning the rights resulting from article VII. 92 and the conditions of exercise;
13 ° the right to early repayment, the procedure to be followed as well as, where appropriate, information on the right of the lender to an indemnity and the method of determining it;
14 ° channels of complaint and extrajudicial remedies available to the consumer, in accordance with the book XVI, including the physical address of the instance where the consumer can address his claims which the coordinates of the Directorate General economic Inspection on the FPS economy;
15 ° where appropriate, the other clauses and contractual conditions.
§ 4.. Addition the information referred to in § 2, refundable overdraft facilities at the request of the lender or within a maximum period of three months, mention, a clear and concise manner: 1 ° an indication that it may be requested at any time to the consumer to repay the amount of credit;
2 ° information relating to costs applicable upon the conclusion of the credit agreement and the conditions under which those costs may be modified in accordance with article VII. 86 § 5. Notwithstanding what is provided in paragraph 1, when the credit contract is concluded through a communication by voice telephony at the request of the consumer, a copy of the contract of credit signed by the lender has no deadline to the consumer.
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6. The causes due prematurely or resolution of the credit agreement must be included in the contract by a separate clause.
Subsection 8. -The refusal of credit art. VII. 79. In the event of refusal to grant a credit, the lender shall communicate to the consumer without delay and free of charge, the result of the consultation as well as the identity and the address of the responsible for the processing of files that he had consulted including where appropriate, the identity and the address of the insurer of credit accessed, and to which the consumer may apply in accordance with article VII.121.
The communication referred to in paragraph 1 is not required when article 12 of the law 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 or a prohibited by other relevant legislation affecting public order or public safety.
If credit is denied, no compensation, of whatever nature that it is, cannot be claimed to the consumer with the exception of the Central consulting fees paid by the lender.
Sub-section 9. -Special provisions on leasing art.
VII. 80. The duration of the lease is determined. The transfer of ownership or the exercise of the option to purchase is the term of the credit transaction.
The lender notifies the consumer by registered letter to the position that it has the right to exercise the option to purchase a month until the last date agreed for this purpose. When the purchase option is not thrown or the transfer of ownership does not, leasing can be transformed into lease only at the conclusion of a lease agreement.
S.
VII. 81. § 1. On leasing, the amount of the credit is the price cash, less the amount of VAT, of movable body offered in leasing. The price of the additional services, when they are offered funding, decreased the amount of VAT, is without prejudice to the application of article VII. 87, also included in the amount of the credit. In this case, the contract indicated the price of the constituent elements of the amount of the credit.

§ 2. If a lease provides one or more times during which an option to purchase can be thrown, the credit agreement should mention every time the corresponding residual values.
If these residuals cannot be determined at the time of the conclusion of the credit agreement, the contract must mention parameters allowing the consumer to determine these residual values in the exercise of the option to purchase.
The King may determine these parameters and their use.

§ 3. Without prejudice to the provisions of article VII. 78, the leasing contract mentions: 1 ° if the purchase option may be thrown at several times, the total amount owed by the consumer until the time where the option to purchase can be lifted for the first time and for the last time. If at the conclusion of the credit agreement, the residual value can be determined using parameters, the credit agreement should mention on the one hand, the total amount of the payments to be made and, secondly, the minimum and maximum residual value calculated on basis of these parameters, to be paid by the consumer at the time of the exercise of the option to purchase;
2 ° where appropriate, the amount of the security and the commitment from the lender to income of the deposit given to safety at the disposal of the consumer.
S. VII. 82. If the lessor requests a security interest to the consumer, it can be incorporated by means of a deposit for safety, in the form of a term account, open to this effect on behalf of the consumer from a credit agency.
The interest earned on the sum so deposited are capitalized.
The lessor has a special lien on the balance in the account referred to in paragraph 1 for any claim arising from the breach of the leasing contract.
It cannot be disposed of the balance only in virtue, or a judicial decision, either a written agreement reached after the failure of performance of the contract or after execution of the.
The judicial decision is enforceable by provision, notwithstanding objection or appeal, and without bail or cantonment.
Section 3. -The right of withdrawal.
S. VII. 83. § 1.
The consumer has the right to withdraw from the contract of credit during a period of fourteen days without giving a reason. This right of retractation period starts: 1 ° the day of the conclusion of the credit agreement, or 2 ° the day the consumer receives the terms and conditions contract as well as the information referred to in article VII. 78, if that date is later than referred to in 1 ° of this paragraph.
§ 2. When the consumer exercises his right of withdrawal: 1 ° he shall notify the lender, by registered mail or by any other means accepted by the lender in accordance with article VII. 78, § 3, 11 °. The time limit is deemed to have been observed if the notification has been sent before the expiry of this and 2 ° in the case of credit agreement for which, under this contract, goods are put at the disposal of the consumer, it renders immediately after the notification of withdrawal, goods that it has received and shall pay to the lender the interest due for the period of collection of the credit;
3 ° for other credit contracts, it pays to the lender the principal and interest earned on the capital since the date the credit was levied until the date on which the capital is paid without undue delay and no later than thirty calendar days after sending the notification of the withdrawal to the lender.
The interest due are calculated on basis of the agreed borrowing rate. The lender is entitled to any other compensation paid by the consumer, except compensation for non-recoverable expenses that the lender would have paid to a public institution. Payments that are made after the conclusion of the credit agreement shall be reimbursed to the consumer within thirty days of the withdrawal.
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3. The cancellation of the credit agreement causes the accessory right of services contracts resolution.
§ 4. If the consumer invokes the right of withdrawal referred to in this article, articles VI. 58, VI. 59, and VI. 67, do not apply.
§ 5. This section does not apply to credit agreements which this book requires that they be concluded before notary, provided that the notary confirms that the consumer enjoys the rights referred to in articles VII.70, VII.74 and VII.78.
Section 4. -Unfair sub-section 1.
-Illegitimate payments art. VII. 84. Whenever the payment of a price will be paid, in whole or in part, using a contract of credit for which the seller or the service provider operates as a lender or credit intermediary for the conclusion of the credit agreement,

no commitment may validly be contracted by the consumer towards the seller or the service provider, nor any payment made from one to the other, as long as the consumer has not signed the credit agreement.
Is void any clause whereby the consumer undertakes in case of refusal of funding, to pay with the agreed price.
S. VII. 85. Is prohibited and deemed not written any clause contained in a contract of credit that allows the lender to claim compensation to the consumer, where it has not taken in whole or in part the amount of the credit granted.
Sub-section 2.
-Calculation of interest expense and the variability of the borrowing rate and costs art. VII. 86. § 1. The interest rate is fixed or variable. If one or more fixed borrowing rates have been stipulated, it or they shall apply for the duration specified in the credit agreement.
§ 2. The exceptions provided for in this article about the variability of the borrowing rate and costs related to services of cash withdrawal at an ATM of tickets and without prejudice to the application of article VII. 3, § 3, 6 °, any clause allowing to modify the conditions of the credit contract is deemed unwritten.
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3. The credit agreement may stipulate that the borrowing rate will be changed within the limits of articles VII. 78, § 2, 7 °, and VII. 94. without prejudice to the provisions of article VII.97, §§ 1 and 3, credit agreements, with the exception of the opening of credit without the constitution of a mortgage, may provide the variability of the borrowing rate only under the conditions and according to the rules laid down by article VII. 128, §§ 1 to 3 and § 5 and taken pursuant to it. In this case, the notion of "Constitution", mentioned in article VII. 128, shall be construed as "credit agreement".
The opening of credit may stipulate that the costs associated with services to withdraw cash at an ATM of tickets, when they are not included in the annual percentage rate, are unilaterally altered. If these costs, the consumer has the right to terminate toll the credit opening within a period of two months from the notification of such change. The provisions of article VII. 15, § 1, are consistent application. This modification can intervene once only during the duration of the credit opening and initially projected costs may be increased 25 per cent maximum. The King may specify a method of calculation as well as a maximum for these costs.
§ 4. Where appropriate, the consumer is informed of a change in the borrowing rate, on a durable medium, before the change enters into force. This information also indicates, where applicable, the amount of the payments to be made after the entry into force of the new rate debtor, and whether the number or frequency of payments varies.
However, the parties may agree in the credit agreement that the information referred to in the preceding paragraph shall be communicated periodically to the consumer, when the modification of the borrowing rate follows a change in a reference rate, the new reference rate is made public by appropriate means and the information concerning the new reference rate is also available on the premises of the lender.
§ 5. When, for a line of credit without the constitution of a mortgage, the modification of the borrowing rate exceeds a margin of 25 per cent of the rate originally or previously agreed and, for contracts concluded for a period longer than one year, the consumer has the right to cancel the credit agreement unilaterally and without costs, within the limits of article VII. 98. any contractual clause contrary to this provision is void.
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6. When all borrowing rates are not defined in the contract, must be considered that the rate is fixed only for the partial periods for which lending rates were determined exclusively by a fixed specific percentage agreed at the conclusion of the credit agreement.
Sub-section 3. -Ancillary services article VII. 87. § 1. It is forbidden to the creditor and credit intermediary to impose on the consumer, in the context of the conclusion of a credit agreement, to sign another contract with the lender, credit intermediary or a third party designated by them.
The burden of proof that the consumer has had freedom of choice in relation to the conclusion of any contract concluded accessory service as the credit agreement rests with the lender and credit intermediary.
§ 2. It is also prohibited to the lender and credit intermediary to stipulate at expense of the consumer, when concluding a contract of credit, the obligation to put the borrowed capital, in whole or in part, pledged or affect it, in whole or in part, to the constitution of a deposit or purchase securities or other financial instruments.
§ 3. The reconstitution of the capital system is prohibited.
§ 4. Any clause contrary to this section is deemed unwritten.
Subsection 4. -Unauthorized guarantees Art. VII. 88. As part of a credit agreement, the consumer is prohibited or is it proclaims the person who constitutes a security interest, promise or guarantee the payment of the commitments it has made under a credit agreement by means of a bill of Exchange or a promissory note. It is also prohibited to make a cheque as security for the total or partial repayment of the amount owed.
S. VII. 89. § 1. Any transfer of right on the sums referred to in article 1410, § 1, of the Judicial Code operated under a contract governed by the present credit book, is subject to the provisions of articles 27 to 35 of the Act of 12 April 1965 on the protection of workers compensation and cannot be executed and affected only to the extent of the amounts due under the contract of credit at the date of the notification of the assignment.

§ 2. Income or remuneration for same emancipated minors are inalienable and unseizable head of credit agreements.
Section 5. -Of the implementation of the credit subsection 1st contract. -Of the provision of the amount of credit art. VII. 90. § 1. As long as the credit agreement was not signed by all parties, no payment shall be performed by the lender to the consumer or for the account of it, nor by the consumer to the lender.
Except as otherwise provided in the credit agreement, the lender immediately the amount of the credit available by transfer on the consumer's account or that of a third party designated by the consumer or by cheque.
The provision of the amount of the credit in cash or cash can only be done in the cases mentioned by the King in a decree deliberated in the Council of Ministers, taking into account the amount of the credit, the type of credit, the purpose and the time of the conclusion of the credit agreement.
§ 2. The lender continues to answer for the money it has given to credit intermediary, in pursuance of the credit agreement, until they are, in their entirety, made available to the consumer or a third party designated by him.
Sub-section 2. -Financing of goods and services art. VII. 91. When the credit agreement mentions the good or service delivery financed or that the amount of the credit contract is paid directly by the lender to the seller or service provider, the obligations of the consumer take effect only as from the delivery of the goods or the provision of the service;
in case of sale or provision of services to successive performance, they shall take effect from the date of delivery of the product or the provision of the service and constantly interrupted, unless the consumer receives himself the amount of the credit and that the identity of the seller or the service provider is not known by the lender.
The amount of the credit may be returned to the seller or the service provider only after notification to the lender of the delivery of the goods or the provision of the service.
The notification referred to in paragraph 2 is made in a durable medium, including a delivery document, signed and dated by the consumer.
Interest due under the credit contract begins on the date of this notification.
S. VII. 92. Where the consumer has exercised a right of withdrawal for a contract for the supply of goods or provision of services, it is more bound by a linked credit agreement.
Where the goods or services covered by a linked credit agreement are not supplied, are only partly or not conform to the contract for the supply of goods or provision of services, the consumer has the right to appeal against the lender if it exercised a recourse against the supplier without succeed as he could claim in accordance with the law or the contract for the supply of goods or service delivery.
Any exception cannot be invoked to the lender that provided that: 1 ° the consumer put the seller of the property or the service provider notice by registered letter to the position to perform the obligations arising from the contract, without having obtained satisfaction within a period of one month from the date of the filing to the position of the registered letter;
2 ° the consumer has informed the lender failing get satisfaction from the seller of the property or service in accordance with the 1 ° provider, it will make the payment of the remaining payments into a blocked account. The King

can set the rules for opening and operating the account.
The interest earned on the sum so deposited are capitalized.
By the mere fact of filing, the lender acquires a lien on the assets of the account for any claim arising from the breach or part of the obligations of the consumer.
It cannot be disposed of the deposit amount to the benefit of one or the other of the parties, subject to production of an agreement written, established after the amount has been blocked on the above account, or a copy of the expedition of a judicial decision. This decision is provisionally enforceable notwithstanding objection or appeal, without bail or cantonment.
S.
VII. 93. Where the credit agreement remotely mentions well-funded, sold remotely, or that the amount of the credit or the amount collected is paid directly by the lender to the seller at distance, the supply of goods can take place, by way of derogation from sections VII. 90 and VII. 84, paragraph 1, before the conclusion of the contract of credit and provided that the consumer has, in time before delivery, the terms and conditions and the information referred to in article VI. 57, § 1.
Sub-section 3. -Costs and maximum repayment periods art. VII. 94. § 1.
The King determines the method of fixing and, where appropriate, adaptation of effective annual rates global maxima and fixed, the effective annual rate global maximumen function of the type, the amount and where appropriate, the duration of the credit.
§ 2. When the calculation of the annual percentage rate requires the use of assumptions, the King may also determine in accordance with the provisions in the § 1, the maximum cost of credit, including the maximum borrowing rate, and where appropriate, maxima recurring charges and charges not recurring maxima related to the opening of credit.

§ 3. The rate established under this section shall remain applicable in any case until their revision.
Any decrease in the maximum overall effective annual rate and, where appropriate, the maximum cost of credit is of immediate application to current credit agreements which provide, within the limits of this Act, the variability of the annual percentage rate or the borrowing rate.
S.
VII. 95. § 1. The King may fix the maximum period of repayment of the loan depending on the amount borrowed and the type of credit.
§ 2. The openings of open-end credit or more term of five years shall set a time limit of zeroing in which the total amount to be refunded shall be paid. The King may set a maximum time limit of zeroing.

§ 3. If a contract credit, repayable by constant amounts of term, allows the variability of the borrowing rate, it stipulates that in the case of adaptation, the consumer may require the retention of the amount of term, and the extension or reduction of the agreed repayment period. The exercise of this right may lead to exceeding the maximum period of repayment referred to the § 1.
Prior to the conclusion of the credit agreement, the lender expressly informs consumers of this right.

§ 4. No later than two months before the expiry of the period of zeroing, the lender notifies the consumer through any means of communication useful.
Subsection 4. -Terms of repayment and termination article VII. 96. The consumer has the right to refund in whole or in part and at any time the balance of outstanding advance capital. In this case, it is entitled to a reduction of the total cost of the credit to the consumer, which corresponds to the interest and costs due for the remainder of the contract.
The consumer wishing to repay, in whole or in part, advance his credit shall notify the lender of its intention by registered mail, at least ten days prior to repayment.
S. VII. 97. § 1.
The lender may stipulate fair and objectively justified compensation for the case of an early total or partial refund.
The lender shall provide to the consumer the amount of compensation claimed, in a durable medium, within ten days of the receipt of the letter referred to in article VII. 96, paragraph 2 or of reception, on his account, amounts reimbursed by the consumer. This communication resumes including the calculation of the allowance.
If the time between the early repayment and the agreed date of termination of contract exceeds one year, this must not exceed 1 per cent of the part repaid capital subject to early repayment.
If the period does not exceed one year, the compensation may exceed 0.5 p.c. of the part repaid capital subject to early repayment.
§ 2. No compensation may be claimed by the lender: 1 ° if the application of articles VII. 194-VII. 196, VII. 200 or VII. 201, the obligations of the consumer have been reduced to the cash price or the amount borrowed;
2 ° in the case of a refund under a contract of insurance for conventionally to guarantee repayment of the credit;
3 ° in the case of a credit opening;
4 ° If the repayment occurs in a period for which the borrowing rate is not fixed.
§ 3. Possible compensation may not exceed the amount of interest the consumer would have paid during the period between the early repayment and the agreed termination of the credit contract date.
S. VII. 98. § 1.
The consumer can carry out at any time and free of charge upon termination of an open-end credit agreement, unless the parties have agreed to a period of notice. This period may not exceed one month. The consumer exercises his right of cancellation by sending the lender of a registered letter to the post office or other media accepted by the lender.
If the credit agreement, the lender can proceed with the termination of an open-end credit agreement by giving the consumer at least two months ' notice based on a durable medium. When the lender exercise his right, he shall notify the consumer, by registered letter to the post or any other means accepted by the consumer.

§ 2. If the credit agreement, the lender may, for reasons objectively justified, especially if it has information allowing it to consider that the consumer will no longer be able to meet its obligations, suspend the right of withdrawal by the consumer under a credit agreement. The lender informs consumers of the suspension and the reasons for it in a durable, if possible before the suspension medium and at the latest immediately thereafter, unless the disclosure of such information is prohibited by other legislation or opposed to objectives of public policy or public security.
Subsection 5. -From statement article
VII. 99. § 1. For each opening credit, the consumer is regularly informed, on a durable medium, using an account statement containing the following information: 1 ° the precise period covered by the statement of account;
2 ° the amounts and the date of sampling;
3 ° the total amount outstanding from the previous survey and the date thereof;
4 ° the new total amount remaining due;
5 ° the date and amount of the payments made by the consumer;
6 ° the borrowing rate applied;
7 ° the separate amounts of all fees that have applied;
8 ° the minimum payable where applicable, the amount and interests.
§ 2. For the openings of credit other than overdraft facilities, the following additional information is provided: 1 ° if applicable, the outstanding balance due from the previous survey.
2 ° where appropriate, the separate dates of the fees owed;
3 ° the date and the amount of interest owed by debtor rate and an indication of the method of calculation of the interest on the balance remaining due using the borrowing rate.
Sub-section 6. -The unauthorized overdraft and the passing s. VII. 100. § 1.
When an overdraft occurs as part of a credit opening while the lender explicitly prohibits all discovered exceeding the amount of the credit limit, it suspends the levies of credit and requires the repayment of the amount discovered unauthorized within a period of maximum 45 days from the date of the unauthorized overdraft.
In this case, only the interests of delay and expressly agreed and authorized by this paper expenses may be claimed. Finance charges are calculated on the amount of the unauthorized overdraft.
The lender shall inform the consumer without delay, on a durable medium: 1 ° of overdraft unauthorised;
2 ° the amount of the unauthorized overdraft;
3 ° any penalties and any charges or interest applicable to the amount of the unauthorized overdraft.
§ 2. If the consumer does not meet the obligations of the preceding paragraph, the lender terminates the contract in respect of article VII. 105, paragraph 1, 3 °, or by novation, he established a new contract with a higher credit amount in respect of all the provisions of this book.
S. VII. 101.
When an overrun reached at least 1,250 euros and extends for a period exceeding one month, the lender shall inform the consumer without delay, on a durable medium: 1 ° of the exceedance;
2 ° the amount of overspending;
3 ° the borrowing rate, all penalties and all applicable to the amount of the excess charges.
The King may change this amount. As long as the information referred to in the preceding paragraph is not provided, the lender may apply the amount of the overrun than the last rate applied, excluding any penalty, compensation or interest.
If

overflow is not discharged at the end of a period of three months from its occurrence, the lender suspends credit samples and puts end to the contract in accordance with article VII, 105, paragraph 1, 3 °, or by novation, he established a new contract with a higher credit amount in respect of all the provisions of this book.
Section 6. -Of the assignment of credit and claims arising from this contract article VII. 102. The contract or claim arising from the contract of credit cannot be assigned to or after subrogation, be acquired through a lender approved or registered under this book, or even transferred to or acquired by the Bank, the protection fund for deposits and instruments, credit insurers, of collective investment undertakings covered by the law of 24 July 2004 on certain forms of collective management of investment portfolios , or others that the King refers to this effect.
S. VII. 103. Without prejudice to the provisions of article VII. 102, assignment or subrogation is opposable to the consumer only after the latter was informed by registered letter to the post, except where the assignment or subrogation immediate are expressly provided for in the contract and that the identity of the transferee or the third contingent is mentioned in the credit agreement. This notification is not required when the initial lender, in agreement with the new holder of the claim, continues to manage the credit to the consumer contract.
S. VII. 104.
In case of assignment or subrogation to the claim resulting from the credit agreement, the consumer retains in respect of the transferee or the substitute consent giver creditor means of defence, including the use of compensation, it can oppose the assignor or to the assignor. Any clause to the contrary is deemed unwritten.
Section 7. -From the non-performance of credit art. VII. 105. Any clause providing for a forfeiture of the term or an express Resolutive condition is prohibited and deemed unwritten, unless it is stipulated: 1 ° for the case where the consumer would be in default of payment for at least two deadlines, or an amount equivalent to 20 per cent of the total amount payable by the consumer and would not be executed one month after the mailing of a registered letter containing formatting remains. These rules must be recalled by the lender to the consumer during the formal notice;
2 ° for the case where the consumer alienate the property before the payment of the price or would a use contrary to the terms of the contract, while the lender would be reserved the property or while the transfer of property, in accordance with the rules on leasing, is not yet achieved;
3 ° for the case where the consumer would exceed the amount of the credit referred to in section VII. 100 and VII. 101 and would not be executed one month after the mailing of a registered letter containing formatting remains.
These rules must be recalled by the lender to the consumer when the remains.
Without prejudice to the application of article VII. 98, any clause which States that the lender may at any time during the contract, require the repayment of the amount collected is prohibited and deemed unwritten.
S. VII. 106. § 1. In the case of resolution of the contract or forfeiture of the term, due to the non-performance of its obligations by the consumer, no payment other than those listed below may be claimed to the consumer:-the balance remaining due.
-the amount due and unpaid, the total cost of the credit to the consumer;
-the amount of the agreed interest calculated on the outstanding balance due;
-the penalties agreed or agreed benefits, provided that they are calculated on the outstanding balance due and limited to the following ceilings:-10% to the maximum calculated on the instalment of outstanding understood until ss 7,500 euros.
-5% to the maximum calculated on the instalment of more than 7,500 euros outstanding.
§ 2. For simple late payment, which causes or resolution of the contract, or forfeiture of the term, no payment other than those listed below may be claimed to the consumer:-capital due and unpaid;
-the amount due and unpaid, the total cost of the credit to the consumer;
-the amount of the agreed interest calculated on the capital due and unpaid;
-costs agreed letters of reminder and notification, to a maximum of a shipment per month. These costs consist of a maximum lump sum of 7.50 euros increased postal costs in force at the time of sending. The King may adapt this lump sum according to the consumer price index.
When the credit agreement is terminated in accordance with article VII. 98, § 1, or has been terminated and that the consumer is not exited three months after the mailing of a registered letter containing implementation remains, no payment other than those listed below may be claimed to the consumer:-capital due and unpaid;
-the amount due and unpaid, the total cost of the credit to the consumer;
-the amount of the agreed interest calculated on the capital due and unpaid;
-the penalties or compensation agreed within the limits and ceilings referred to the § 1.

§ 3. The agreed interest rate cannot be higher than the borrowing rate recently applied to the amount or the partial periods concerned, increased by a factor of 10 sq. ft.
maximum.
§ 4. Any payment demanded pursuant to §§ 1 and 2 must be detailed and justified in a document submitted for free to the consumer.
A new document detailing and justifying the amounts due pursuant to §§ 1 and 2 must be delivered free of charge, maximum three times per year, to the consumer who asks.
The King may determine the particulars of this document and impose a model of count.
§
5. By way of derogation from section 1254 of the civil Code, troubleshooting or forfeiture of the term of the contract any payment made by the consumer or the person who is a security interest may not be utilised on the amount of interest for delay or other penalties and damages only after the repayment of the outstanding balance due and the total cost of the credit to the consumer.
§ 6. Is prohibited and deemed not written, any clause containing, in the event of non-performance by customer of its obligations, penalties or damages and interest not provided for by the present book.
S. (VII) 107. § 1. Justice of the peace may grant payment facilities it determines the consumer whose financial situation has worsened.
When the granting of payment facilities increases the costs of the credit agreement, the Justice of the peace fixed the share would be taken in charge by the consumer.
The competent judge may grant the consumer a delay of payment or a staggering of the debts referred to in article VII. 106, §§ 1 and 2, even when the lender applies a clause as referred to in article VII. 105 or required by the application.
§ 2. By derogation from articles 2032, 4 °, and 2039 of the civil Code, the surety, and if any person who is a security must comply with the plan of payment, such facilities as granted by the Justice of the peace to the consumer.
§ 3. When they are forced to pay, the guarantor and, where appropriate, the person who constitutes a security interest, solicit the Justice of the peace granting payment facilities, under the same terms and conditions than those determined by articles 1337bis to 1337octies of the Judicial Code relating to the granting of payment facilities to the consumer for consumer credit.
S. VII. 108. § 1. Without prejudice to the application of § 2, where the consumer has already paid sums equal to at least 40% of the cash price of goods subject either of a clause of reserve of property, or a promise of gage with irrevocable mandate, this well can not be resumed under a court order or a written agreement entered into after formal notice by registered letter at the post office.
The lender must, within a period of thirty days from the date of the sale of the well-funded, notify the price to the consumer and repay the overpayment.
§ 2. In the event that the consumer, through financial leasing, paid 40 per cent or more than the cash price of movable body, it may require to retain possession of the property with an express agreement of parties, subsequent to the conclusion of the contract or by the judge's decision.
§ 3. In any case, a warrant or an agreement for the resumption of property financed by a credit agreement may give rise to an unjust enrichment.
Section 8. -Securities art. VII. 109. § 1.
The guarantee and, where appropriate, any other form of security of liabilities of a credit agreement shall specify the amount that is guaranteed. The claimed security are worth these amounts possibly interest for late payment, excluding any other penalty or expense of breach. The lender must therefor in advance and free of charge a copy of the credit agreement to the surety and where appropriate, to the person who constitutes a security interest.
§ 2. Each security agreement for which the person constituting the security is registered under lwarticle VII. 148, § 2, 1 °, mentions: 1 ° the clause: "the credit agreement for which you have established this security subject to a record to the central credit to individuals where, in accordance with article VII." 148, § 2, 1 °, you are registered as a person who has lodged a security";
2 °

the purposes of the processing in the Central;
3 ° the name of the plant;
4 ° the existence of a right of access, rectification and deletion of data as well as retention of the latter.
§ 3. The lender shall inform any person who is a safety, the conclusion of the contract of credit, as well as, on a prior basis, of any amendment to the contract.
For contracts concluded for an indefinite period credit, a bond or a personal safety cannot be claimed by the lender for a period of five years. This period may be renewed only with the express agreement, at the end of the period of the bond or the person who constitutes a personal safety.
S. VII. 110. The lender communicates to the surety and, where appropriate, to the person who constitutes a security interest, the delay in payment by the consumer two deadlines or at least one-fifth of the total amount to repay. He communicates the payment facilities granted and informed in advance of any changes to the initial credit agreement.
S.
VII. 111. By way of derogation from article 2021 of the civil Code, the lender cannot take action against the surety and, where appropriate, against the person who constitutes a security interest, unless the consumer is in default of payment for at least two deadlines, or an amount equivalent to 20 per cent of the total amount to be repaid or the last due, and if after putting the consumer notice by registered letter to mail the consumer is not executed within a period of one month after the deposit to the position of the registered letter.
Section 9. -Intermediaries of credit art. VII. 112. § 1 the credit intermediary may intervene only to contracts of credit with lenders approved or registered.
§ 2. Credit broker can practice its activity only under its own name.
S. VII. 113. § 1. Credit intermediary may lodge application for credit to a consumer if, taking into account the information available to it or should have, particularly on basis of the information referred to in article VII. 69, considers that consumer will clearly not be able to comply with the obligations under the credit agreement.
§ 2. Credit intermediary may split credit applications. It should communicate to the lender the necessary information referred to in article VII. 69 § 3. Anyone who acts as a credit intermediary shall communicate to all unsolicited lenders the amount of other credit agreements that he has requested or received for the benefit of the same consumer, during the two months preceding the introduction of each new application for credit.
S. VII. 114. § 1. Credit intermediary may receive, directly or indirectly, any compensation in any form whatsoever, of the consumer who sought his intervention.

§ 2. Credit intermediary has the right to collect a commission if the credit agreement which he interceded, concluded duly and regularly as to the form.
§
3. The payment of the commission must be scaled to a maximum of half at least, according to the rules laid down by the King, on the basis of the nature of the credit and its duration.
§ 4. Where a credit agreement is concluded to full and a prior credit agreement early repayment, no commission is payable if the same credit intermediary intervened for two contracts.
This provision is not applicable in the event of a significant decrease in the annual percentage rate of the new contract of credit compared with the previous credit agreement.
Section 10.
-From the mediation of debts s. VII. 115. The mediation of debts is prohibited except: 1 ° if it is practised by a lawyer, a judicial officer or an agent of justice in the exercise of his profession or its function;
2 ° if it is practiced by public institutions or by private institutions approved for this purpose by the competent authority.
Section 11. -The treatment of the personal data sub-section 1st. -Of the transmission of the personal data art. VII. 116. Except in the case of assignment or subrogation intervening in accordance with articles VII. 102 and VII. 103, the personal data of the consumer or the person who constitutes a security interest treated in connection with the conclusion or execution of a credit agreement by the lender may be transmitted to a third party outside of the cumulative conditions listed within this section.
S. VII. 117. § 1. Personal data may be subject to treatment under the following twofold objective: 1 ° to assess the financial situation and assess the solvency of the consumer or the person who constitutes a security interest;
2 ° in the context of the granting or the management of credits or payment services covered by this book likely to encumber the heritage private natural person and whose execution can be continued on the private person's heritage.
In any case, personal data may be used for purposes of commercial prospecting.
§ 2. The data collected should be relevant, adequate and not excessive in the light of the purposes listed in the previous paragraph.
S. VII. 118. § 1. Only can be processed, excluding all others, data relating to the identity of the consumer or the person who constitutes a security interest, the amount and duration of credits, the frequency of payments, the payment possibly granted, late payment facilities, as well as the identity of the lender. This last fact is communicated to the responsible for the treatment and the consumer exclusively, except with respect to payment delays.
The King may, by Decree deliberated in the Council of Ministers, determine the contents of the data referred to in the preceding paragraph.
§ 2. By way of derogation from the provisions of subsection 1, paragraph 1, the King may, by Decree deliberated in the Council of Ministers: 1 ° determine the categories of criminal convictions against the consumer or the person which is a security that can be processed insofar as the consumer or the person who constitutes a security interest was informed beforehand and in writing;
2 ° appoint natural persons or legal entities of public law or private law authorized to process the data referred to in 1 °;
3 ° establish conditions and procedures for this treatment.
S.
VII. 119. § 1. The personal data may only be communicated to the following persons: 1 ° the lenders approved or registered;
2 ° the persons who are authorized by the King to perform credit pursuant to act of 9 July 1975 on the control of insurance undertakings;
3 ° the FSMA and the Bank in the context of their missions;
4 ° the providers of payment services, to the extent where these people communicate, based on rules of reciprocity, their data relating to payment services;
5 ° the associations of persons or institutions referred to in 1 °, 2 ° and 4 °, this paragraph, approved for that purpose by the Minister or his delegate under the following conditions: a) have legal personality;
(b) be formed for purposes excluding any aim of profit and be made to the protection of the professional interests of its members;
(c) be composed of members who have not incurred one of administrative or criminal penalties.
The Minister or his delegate shall decide on the request for approval within two months from the date of receipt of all required documents and data.
If the request is not accompanied by all necessary documents and data, the applicant is informed of endeans fifteen days of the receipt of the request. In the absence of notice to that effect within this period, the request is considered as full and regular.
The refusal of authorisation is motivated and is communicated to the applicant by registered letter to the post.
The Minister may suspend or withdraw approval to those who no longer fulfil the conditions mentioned above or do not meet the commitments made during their application for approval;
6 ° the lawyer, the ministerial official or the agent of justice, in the exercise of its mandate or its function, and in the performance of a credit agreement;
7 ° the Ombudsman of debts in the exercise of his mission as part of a settlement of debts, referred to in section 1675/2 to 1675/19 of the Judicial Code;
8 ° the FPS economy officers competent to act in the framework of the book XV;
9 ° persons who carry on a business of amicable recovery of debts from the consumer and, therefor, in accordance with article 4, § 1, of the amicable recovery of debts of the consumer Act of 20 December 2002, are registered with the FPS economy;
10 ° the Commission for the Protection of privacy in the context of its mission.
§ 2. Once received, the data can be communicated to the persons referred to in paragraph 1.
§ 3. Requests for information addressed to the controller and from persons referred to in this article, with the exception of the FSMA, the Bank, agents referred to in the paragraph 1, 8 °, and the Commission for the Protection of privacy, should individualize consumers on which carry claims, by their name, surname and date of birth; These applications can be grouped.
Sub-section 2. -Processing of data art. VII.120. § 1. The data must

be erased when keeping them in the file has ceased to be justified. The King may set a time limit for the conservation of the data or categories of data.
People who have received communication of personal data in the context of the contract or the administration of credit agreement, cannot dispose that the time needed for the conclusion and execution of credit agreements taking into account particular deadlines, by the King under this subsection, for the conservation data.
§ 2. The controller is required to take all measures that ensure the conservation of the personal data.
People who have received communication of personal data are obliged to take measures that ensure the confidentiality of these data as well as the use for the purpose laid down in or under this book, or for the purposes of their legal obligations.
§ 3.
The controller is specifically responsible for supervision or the automated exchange of personal data and must in particular ensure that treatment programs or automated dwechange are exclusively designed and used in accordance with this book and its execution decrees.
The King may lay down the rules according to which the controller must exercise its mission.
S. VII. 121. § 1. When a consumer or person which is a safety for the first time recorded in a file due to payment defaults relating to credit agreements within the meaning of this book, it is immediately informed, directly or indirectly, by the responsible for the treatment.
§ 2. This training should include: 1 ° the identity and address of the responsible for the treatment. When it is not established on a permanent basis in the territory of the European Union, it must designate a representative established on Belgian territory, without prejudice to actions that might be brought against the person in charge of the treatment itself;
2 ° the address of the Commission for the Protection of privacy;
3 ° l ' identity and address of the person who communicated the data;
4 ° the right of access to the file, the right of rectification of incorrect data and the right to delete data, the procedures for the exercise of said rights, as well as the retention period of the data, if there is one;
5 ° the purposes of the processing.
S. VII. 122. § 1.
With respect to data stored in a file concerning his person or its heritage, any consumer or person who constitutes a security may exercise the rights referred to in articles 10 and 12 of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
§ 2. The consumer and the person making a security may freely and without charge, at the conditions determined by the King, be correct erroneous data. In this case, the controller is obliged to communicate this correction to the people who got the information from its and indicate the registered person.
§ 3. When the file processes non-payments, the consumer may require that the reason for failure to pay it communicates is indicated at the same time as the default.
§ 4. The King may determine the procedures for the exercise of the rights referred to in this article.
CHAPTER 2. -Mortgage credit Section 1st. -Advertising and fees art.
VII. 123. § 1. Without prejudice to other legal or regulatory provisions, any advertising for mortgage credit mentions the identity or the name of the lender. If the advertising comes from a credit intermediary, it indicates specifically with its address.

§ 2. The lender provides stakeholders information in the form of prospectus.
This prospectus contains the debtor rates tariff, including all reductions and increases in rates possible and all the conditions for granting.
The parties may agree to reductions or increases derogating from the prospectus, if they are more favourable to the consumer or if they have been negotiated on its own initiative.
§ 3. When the consumer is obliged pay fees or expert, these are referred to in an application form signed by him.
§ 4. The King sets the rules for advertising, prospectuses and application forms. In particular, it may require the use of an actuarial borrowing rate to facilitate the comparison of mortgage lenders and credit intermediaries.
S.
VII. 124. It is forbidden for a credit intermediary to directly or indirectly the costs in respect of the applicant's credit.
Section 2. -Provisions general article VII. 125.
The reconstitution of the capital shall be effected by a contract Assistant credit.
This Assistant contract can only be a life insurance contract, contract of capitalization or an another constitution of savings.
Reconstituted capital at any time is the commuted value or capital ensured or established in the case of a contract of life insurance or capitalization or capital already saved in the other case of savings contracts.
If the replenishment takes place with the lender in the event of dissolution legal or judicial or bankruptcy of the latter, the reconstituted capital is affected by compensation to the reduction of the debt to the lender without requiring compensation due.
If replenishment is not carried to the lender at the time where credit becomes payable or refundable, one-third reconstituting becomes to lender the single debtor to the reconstituted capital. In this case, the lender shall exercise the rights of the consumer to this third reconstituting.
The King can establish additional rules which the recovery must meet.
S. VII. 126. § 1. There are, within the meaning and for the purposes of this chapter a contract annexed when the consumer subscribes or maintains in force a contract of insurance in pursuance of a condition of credit whose failure could result in the payment falls due. This annex contract may be that: 1 ° insurance for the remaining balance due covering the risk of death, conventionally designed to guarantee repayment of the credit.
2 ° an insurance covering the risk of degradation of the property given as security;
3 ° a suretyship insurance.
§ 2. It is prohibited to the lender to reserve in the Constitution the right to impose an increase in coverage over the contract.
It is prohibited to the lender directly or indirectly require the consumer to subscribe the contract annexed with an insurer designated by the lender.
§ 3. Where there is a contract annexed outstanding insurance, the insured capital is used, at the time of the death of the insured, to the refund of the remaining balance owed and, where appropriate, to payment of interest accrued and not due.
When such insurance capital exceeds the remaining balance due, the consumer may at any time reduce the capital to amount.
When the insurance covers only a proportion of the capital of the credit, the same rules apply proportionally.
§ 4. Additional rules which the annexation must satisfy are determined by the King.
S. VII. 127. The borrowing rate is fixed or variable. If one or more fixed interest rates have been stipulated, it or they shall apply for the duration specified in the credit agreement.
S. VII. 128. § 1.
If the variability of the borrowing rate has been agreed upon, there may be a borrowing rate by credit agreement. The following rules are applicable to this borrowing rate: 1 ° the borrowing rate should fluctuate both upward and downward.
2 ° the borrowing rate may vary only after the expiry of periods, which shall not be less than one year.
3 ° the variation of the borrowing rate should be linked to fluctuations in an index of reference taken from a series of benchmarks on the basis of the duration of the periods of change in the borrowing rate.
The list and the method of calculation of the benchmark indices are determined by the King, by order deliberate in Council of Ministers, made on the advice of the Bank and the FSMA after consultation, by the latter of the Insurance Commission.
4 ° the initial borrowing rate is the rate that is basis for the calculation of the interest payable by the consumer at the first interest payment.
5 ° the initial value of the reference index is the calendar month preceding the date of the offer referred to in article VII.133. However, by way of derogation from this rule, lenders subject to this book should use the value of the benchmark in their rate of borrowing rate for the type of credit considered. In this case, this value is that of the calendar month preceding the date of this tariff.
6 ° to the expiry of the periods specified in the Constitution, the borrowing rate for the new period is equal to the initial borrowing rate increased by the difference between the value of the reference index published in the calendar month preceding the date of the change, and the initial value of this index.
If the initial borrowing rate is the result of a conditional reduction, the lender may, for the establishment of the new borrowing rate, based on a higher rate if the consumer does not meet the conditions laid down. The increase may not exceed reduction granted at the beginning of the credit, expressed as a percentage per period.
7 ° without prejudice to what is provided for in 8 ° below, the Constitution should stipulate that variation

the borrowing rate is limited, both upward and downward to a deviation determined relative to the initial borrowing rate, although this gap in case of increase of the borrowing rate may be greater on the sidelines in the event of reduction.
If the initial borrowing rate is the result of a conditional reduction, the Constitution may provide that the variation referred to in paragraph 1 operates on the basis of a higher rate if the conditions laid down for the grant of reductions are no longer fulfilled.
Applied upward may be greater than the reduction granted at the time of the credit courses, expressed in percentage per period.
The Constitution may also provide that the borrowing rate varies only if the change upward or downward, compared to the rate of the previous period, a specified minimum difference.
8 ° if the first period is less than three years, a variation to the increase in the borrowing rate may not have the effect of increasing the rate applicable to the second year of the equivalent of a percent point the year compared to the initial borrowing rate, or increase the borrowing rate for the third year more of the equivalent of two points per cent year over this borrowing rate initial.
§ 2. In case of variation of the borrowing rate and when there are amortization of capital, periodic charges amounts are calculated according to the provisions of the Constitution and the new borrowing rate. The absence of such provisions, periodic charges are calculated based on the outstanding balance and the remainder, according to the technical method used initially.
In the event of variation of the borrowing rate and when there is no depreciation of capital, interest shall be calculated at the new rate following the technical method used initially.
§ 3. Periods, terms and conditions of change in the borrowing rate as well as the initial value of the reference index shall be included in the Constitution.
§ 4. When there is change in the borrowing rate, the amendment must be submitted to the consumer by the date of courses of interest to the new borrowing rate. It must be, if any, accompanied, free of charge, of a new amortization schedule containing the information referred to in article VII. 140, § 1st, for the remaining period.
§ 5. The King determines the modalities for the application of this section by order deliberated in Council of Ministers.
S. VII. 129. Interest expense are calculated: 1 ° in case of depreciation on the remaining balance due;
2 ° in case of reconstruction, capital, or after a partial refund on the remainder to repay principal.
In the case of a credit opening, interest expense are calculated on the part of the capital that was taken.
It is prohibited to require or to charge: 1 ° of interests before the expiry of the period for which they are calculated.
2 ° of interest by fractions of the periods for which they are calculated.
If the interest expense, under the Constitution, are paid to a third party, this payment is legal tender for the consumer to the lender.
S. VII. 130. Apart from legal costs the mortgage and what could be due pursuant to other legal or regulatory provisions cannot be dependant of the applicant for credit or consumer application fees and charges of expertise of the goods offered as collateral.
The fees are due if the expertise took place. Fees are due only after the offer referred to in article VII. 133 was made. Otherwise, any advance must be repaid.
If the fees are charged to the applicant's credit, they are communicated in advance.
It receives without delay a copy of the expert report.
S. VII. 131. § 1.
The lender may provide for compensation in the case of early total or partial reimbursement.
This allowance shall be calculated at the borrowing rate of the credit, the amount of the balance outstanding.
For the calculation, when there is a Deputy contract which the commuted value is not affected for the rebate, this amount should be reduced by this value of redemption.
In the event of partial refund, these rules are applied proportionately.
This allowance cannot exceed three months ' interest.
No compensation is due in the case of a repayment to the death, in execution of a contract annexed or Assistant.
§ 2. In the case of a line of credit, the lender may stipulate compensation for provision of capital.
This allowance is calculated on the non-picked fraction of reliance.
§ 3. The allowances referred to in §§ 1 and 2 should be mentioned in the Constitution.
S. VII. 132. No compensation other than that provided for in article VII. 133, negotiating compensation regardless of the name, the form or the beneficiary cannot be dependant of the applicant for credit or the consumer.
Section 3. -The contract of credit art. VII. 133. Before the signing of the credit agreement, the lender must provide to the consumer a written offer that contains all conditions of the contract, as well as the period of validity of the offer.
No later than at the time of the offer, the lender delivers to the consumer an amortization schedule credit covered by this offer.
The credit agreement contains the following: 1 ° the clause: "this contract is the subject of a registration in the central credit to individuals in accordance with article VII.148 of Book VII, the code of economic law.";
2 ° the purposes of the processing in the Central;
3 ° the name of the plant;
4 ° the existence of a right of access, rectification and deletion of data as well as retention of the latter.
S. VII. 134. The Constitution cannot stipulate that the rights and obligations of the consumer can be modified unilaterally.
At the time of the signing of the contract, a copy of the Constitution is delivered to the consumer.
S.
VII. 135. Capital is made available to the consumer in cash or in money.
Capital cannot be linked to any index, unless the credit is granted in the form of loan without stipulation of interest; in this case, the index can only be the consumer price index.
S. VII. 136. § 1. When the consumer calls pledge, in whole or in part, capital to the lender, the sums pledged shall bear interest for the benefit of the consumer to the borrowing rate of the credit.
In the event of repayment of the credit, the gage sums and interests compensate the claim of the lender.
§ 2. In the event of legal or judicial dissolution or bankruptcy of the lender, the sums pledged and their interests are affected by compensation to the reduction of the debt to the lender without that compensation is due.
S. VII. 137. It is forbidden to make directly or indirectly a mortgage obligation to buy, Exchange or subscribe securities, such as bonds, shares, units or interests in any form whatsoever.
The prohibition referred to in the preceding paragraph does not apply to the subscription to the shares of the cooperative or mutual company that grants credit, provided that the amount of the payment or registration does not exceed two per cent of the capital of the credit.
S. VII. 138. The granting of a mortgage loan may not be subject directly or indirectly to conclude a contract of insurance or capitalization or the establishment of a savings, if by a Deputy or annexed contract referred to in articles VII. 125 and VII. 126. when a capital insurance, capitalization or savings is affected as additional warranty, otherwise than on the basis of a Deputy contract, it cannot ensue obligation to pay premiums or savings operations.
S.
VII. 139. § 1. The issuance of bills of Exchange and the purchase of promissory notes in representation of a mortgage loan are prohibited.
§ 2. Without prejudice to the validity thereof as negotiable, the issuance of bills of Exchange and the purchase of promissory notes in representation of a mortgage are however permitted to the following conditions: 1 ° the effect will be stipulated payable to fixed day, this due date to match one of the due dates of payment in amortization of capital as referred to in article VII. 140, § 1;
2 ° the effect may stipulate that an amount which does not exceed the amount of the payments in amortization due during the year before the date of effect;
3 ° the effect must be the order of the lender;
4 ° the lender undertakes to endorse the effect which was or which would be created to a lender approved pursuant to the provisions of Title 4, Chapter 4, to register on the effect itself a ban again endorse it and to endorse the effect that if the endorsee, beforehand and in writing: has) is committed to no longer endorse the effect;
(b) undertakes to accept any payment anticipated, total or partial, of the effect;
(c) mandates the lender to receive any payment of the effect, partial or total, early or at maturity, and to give a discharge therefor. The revocation of the mandate will be opposable to the consumer subject to notification thereof by registered letter;
(d) undertakes to mention the payment which the lender gave receipt on the effect itself.
The Constitution incorporates the full text of the present

Article and stipulates expressly that the lender takes the commitments referred to in point d) above. Any issuance of Bill of Exchange or promissory note warrants shall be evidenced in a Constitution stating the date of issuance or subscription of the effect, its due date and amount.

§ 3. Without prejudice to their validity as negotiable, the issuance of bills of Exchange or the purchase of promissory notes in representation of a mortgage loan are also allowed under the following conditions: a) each effect must be created at the order of the lender and mentioning the complete identity;
(b) the total amount by the effect or effects created in representation of a same mortgage credit cannot be more than the capital of this credit;
(c) any issue of Bill of Exchange or subscription of promissory note under this paragraph shall be evidenced in a document under seal private or authentic part of the Constitutive Act of the credit.
This document will include the date of creating the effects as well as their respective amounts.
The Constitution must also provide expressly that creation of bills of Exchange or promissory notes in representation of a mortgage loan is permitted only under the conditions provided for in article VII. 139 and that without compliance with these conditions, the consumer is entitled, pursuant to article VII. 212, to repayment of the accrued interest of the credit agreement;
(d) the endorsement of the effects referred to in this paragraph may be made in favour of a lender under Title 4, Chapter 4 of this Act. This limitation as well as the obligation under the letter a) of subsection 4 must be mentioned on the relevant effects, by the lender at the time of their first endorsement.
§ 4. Without prejudice to their validity as negotiable, the submission to payment of effects created in representation of a credit is subject to the following conditions: has) the recipient of an effect can make the payment only after, if any, having reduced its amount, by partial discharge in an amount equal to or less than the amount payable for the balance remaining due under the credit - apart from the endorsement of effects created in representation of this credit - at the time of said presentation;
(b) implementing the littera a) of this paragraph, the lender is required to disclose to any endorsee of the effect, on request, information to determine the amount payable by the remaining balance owed.
Without prejudice to the possible use of the lender against an endorsee of such an effect, all payments made by the consumer on presentation of an effect created in representation of a mortgage shall be entered against the balance remaining due under this credit and releases the consumer to amount to the lender. The endorsee can prevent consumers still have to pay to the lender.
S. VII. 140. § 1. If depreciation of capital, the Constitution must determine periodic charges made by the payment amortizing and interest, and the periods and conditions which must be paid these amounts.
It shall in addition include an array of depreciation that must contain the decomposition of each periodic load, as well as an indication of the balance remaining due after each payment.
When a reduction in interest rates is granted, the amortisation table indicates amounts payable as well as remaining balances in light of this reduction. If the sudden reduction of changes, a new amortization schedule is communicated, which takes into account such changes.
§ 2. If there is reconstruction of the capital, the Constitution must determine the periods and conditions which interest must be paid and reconstitutifs payments. The Assistant contract must indicate precisely the obligations of the consumer resulting from the addition.
§ 3. When neither depreciation nor the reconstitution of the capital are stated, the Constitution must mention periods and the conditions of payment of interest.
S. VII. 141. The recovery cannot wear on excess capital, or after a partial refund, the remainder to repay principal.
If it is made use, for a same capital of several modes of amortization or reconstitution, the Constitution must indicate the proportion of capital to which relates each of these modes.
S. VII. 142. When the term for the replenishment is greater than the credit, the consumer has the right to demand that the lender extends credit, without compensation or increase in interest rates, until the reconstitution of the capital.
Where appropriate, the new Constitution is passed at the expense of the consumer.
S. VII. 143. Where as additional security for the credit, an assignment of compensation was stipulated, it cannot be executed and affected only to the extent of the amounts due under the Constitution at the date of the notification of the assignment.
The sums thus levied must, in their perception, be allocated to the payment of the amounts owing at that time.
S. VII. 144. The causes of indebtedness before term must be included in the Constitution by a separate clause. They may not be the result of an act of the lender.
S.
VII. 145. § 1. The consumer has the right to make at any time the total repayment of capital.
Unless otherwise provided in the Constitution, the consumer has the right to make partial reimbursement of the capital at any time. The otherwise cannot exclude a partial refund once per calendar year, or the refund of an amount equal to a minimum of 10% of the capital.
§ 2. In case of reconstruction, the consumer has at the time of reimbursement, choice: 1 ° when it is a total refund, assign completely or partially reconstituted capital or not affect it;
2 ° when it is a rebate for a fraction of the total reimbursement, there affect totally or partially an even fraction of the reconstituted capital or not affect it.
In addition, the consumer has the right to take into account the part of the contract which is more Assistant, to reduce the premiums of the contract to what is required to maintain the Deputy part.
The Constitution must state these terms and conditions.

§ 3. The lender may provide for its benefit redemption of a contract Assistant for the case where the proceeds of the sale of the property given as security does not allow him to obtain the refund of his credit.
§ 4. Are freed to the lender in capital and compensation payments under the Constitution to a third party, for a prepayment.
S.
VII. 146. § 1. The reconstituted capital becomes chargeable where: 1 ° the credit expires.
2 ° the consumer exercises his right legal or conventional to repay the capital;
3 ° the lender accept repayment anticipates proposed by the consumer.

§ 2. In the event of default in payment of an amount due, the lender shall, within three months of the deadline, forward to the consumer a warning sent by registered letter to the post containing the consequences of non payment.
In the event of failure to comply with this obligation, contractual increase of the borrowing rate for late payment as provided for in article 1907 of the Civil Code cannot be applied on the said deadline. In addition, for this deadline, a deadline for payment of six months without charges or complementary interests should be granted; This period begins the day of maturity not paid.
Section 4. -Payment Art. facilities VII. 147. Any execution or seizure which is made pursuant to a judgment or another authentic Act is preceded, in the context of this chapter, on pain of nullity, an attempt of conciliation Court seizures, which must be passed to the sheet of hearing.
Any request for payment facilities by the consumer, the surety and, where appropriate, the person who constitutes a personal safety is addressed to the judge.
Articles 732 and 733 of the Judicial Code shall apply.
By way of derogation from articles 2032, 4 °, and 2039 of the civil Code, the surety and, where appropriate, any person who is a personal safety must comply with the plan of payment facilities granted by the judge to the consumer.
CHAPTER 3. -From the central credit to the individuals Section 1st. -Of the recording arts.
VII. 148. § 1. The Bank is responsible to register in the Central: 1 ° credit agreements falling within the scope of this book (positive side) and 2 ° defaults resulting from these (negative side) contracts which meet the criteria laid down by the King.
The preceding paragraph does not apply to credit agreements referred to in article VII.3, § 3, 1 ° and 2 ° with respect to the positive and negative components or overshoots, in what concerns the positive component.
§ 2. Data recorded in the central concern: 1 ° the identity of the consumer, the lender and, where appropriate, of the transferee and the person who constitutes a security interest;
2 ° the references of the credit agreement;
3 ° the type of credit;
4 ° the characteristics of the credit agreement for determining the debtor contract situation and its evolution;
5 ° where appropriate, the reason for non-payment by the consumer;
6 ° if applicable, the payment facilities granted to the consumer.
The King determines the content

precise, the terms and conditions of update as well as retention of such data.
It can supplement this list with data that are useful for the exercise of the tasks of the Bank as a prudential supervisor.
The King may, by a deliberate decree by the Council of Ministers, also determine the additional information that the Bank achieving statistics may apply to the persons referred to in article VII. 149 § 3. The Bank is developing administrative and technical instructions to be followed by persons who are required to communicate data to the central or consult.
Section 2. -In the communication and consultation of data.
S. VII. 149. § 1. In order to obtain information on the financial situation and the creditworthiness of the consumer, lenders consult Central prior to the conclusion of a contract of credit, with the exception of an overflow, or delivery of the offer referred to in article VII.133, paragraph 1. The King fixed the modalities for this consultation.

§ 2. Lenders who are approved or registered to conclude credit agreements and the persons designated by the King shall communicate to central data for each credit agreement and each failure of payment, as referred in article VII. 148, § 1.
The King determines the deadlines for communication of such data to the Central.
Where the competent officers of the SPF economy find that a lender has concluded credit agreements without so far having accreditation, or the necessary registration, they can force the lender to still register the contracts and non-payment by the Central. They shall inform the Central as well as the accompanying Committee. Registration fees are responsibility of the lender. The King can provide payment terms and determine the height of these costs.
S. VII. 150. For the purposes of this book and to identify consumers and people who constitute a security interest, lenders use the identification number of the national register of natural persons.
At the request of a credit contract the consumer communicates supra identification number.
The Bank is entitled to use the identification number of the national register of natural persons in relation to consumers and persons referred to in articles VII. 149, paragraph 1, and VII. 153, § 1.
S. VII.151. during the first record in the negative component, the consumer is informed, without delay by the Bank. This information should indicate: 1 ° the reference of the contract concerned;
2 ° the purposes of the processing in the Central;
3 ° the name and address of the person who communicated the data;
4 ° the existence of a right of access, rectification and deletion of data as well as the retention of these periods;
5 ° the coordinates of the administration of competent surveillance the FPS economy and the Commission for the Protection of privacy.
S. VII. 152. Under the terms laid down by the King, every consumer and every person who constitutes a security has toll-free access to the data registered in her name and can freely and without charge request the rectification of incorrect data.
In case of request for correction, the Bank is required to transmit to the person referred to in article VII. 149, paragraphs 1 and 3, which provided the data and who is responsible for the exact content. If necessary, this person asked the Central correction of the recorded data.
In the event of rectification, the Bank is required to communicate this correction to the people who got information from Central and that the registered person shows.
S. VII. 153. § 1. Following the rules that the King determines, the Bank cannot communicate information: 1 ° to the persons referred to in article VII. 119, § 1, paragraph 1, 1 ° to 3 °, 6 ° to 8 ° and 10 °;
2 ° to the persons referred to in article VII. 119, § 1, paragraph 1, 4 °, to the extent where these persons have also authorised as a lender;
3 ° to the persons referred to in article VII. 119, § 1, paragraph 1, 9 °, but only with regard to the data of credit contracts that they actually resumed under their activity of amicable recovery of debts.
4 ° during a deposition in a criminal case.
Can also receive the information contained in the Central, the power plants of credit foreign provided that their purposes, the stored data and privacy they provide privacy are equivalent to those of the Central and they provide, by reciprocity, their data to the Central.
The King may, where appropriate, by category of persons who may be communicate the information contained in the Central, limit the communication of such information to certain data or exclude the disclosure of certain information.
§ 2. Information disclosed by the Bank can be used only in the context of the granting or the management of credits or payment services, likely to encumber heritage private natural person and whose execution can be continued on the private person's heritage.
This information may be used for purposes of commercial prospecting.
The persons referred to in article VII. 119, § 1, paragraph 1, 1 ° and 2 °, are, as appropriate, and under their responsibility, authorized to inform the credit intermediary of globalised consultation response insofar as the consultation has taken place on a basis of practical credit for which the credit intermediary asked acts of credit intermediation. This globalized response may relate the number of credit agreements and the sum of the credit amounts recorded. Credit intermediary may use these data for the fulfilment of its obligations referred to in articles VII. 69-71 VII, VII. 74-VII. 75. once the credit file has been closed, the globalized response is no longer available.
Credit intermediary may request the consumer or, where applicable, to the person who constitutes a safety to exercise its right of access to Central in order to communicate the response obtained.
§ 3. The people who got information from Central must take the necessary measures to ensure the confidentiality of such information.

§ 4. Without prejudice to the application of the law of 8 December 1992 for the protection of privacy with regard to the processing of personal data, the Bank is entitled to use the data recorded in the central scientific statistics or in the context of its activities in accordance with the law of 22 February 1992 establishing the Organic Statute of the National Bank of Belgium.
S. VII. 154. To complement the information obtained during the consultation referred to in article VII. 77, § 1, paragraph 2: 1 ° the Bank is authorized to query for account of the lenders file the notice of seizure, by delegation, assignment, settlement of debts and protest, referred to in article 1389bis/1 of the Judicial Code. The King determines the data that can be consulted;
2 ° the King may authorize the Bank, the conditions it determines, to query for account of lenders other files centralizing unpaid debts to charge consumers. In this case, the King determines the data that can be accessed.
Section 3. -Provisions various arts. VII. 155. The Bank is entitled to ask the people to which the central information can be provided, reimbursement of the costs that it exposes for collecting, recording, management, control and dissemination of data from Central.
S.
VII. 156. § 1. A Steering Committee comprising representatives of the lenders, consumers, the Bank, of the Commission on the protection of privacy and the Minister is established with the Bank. The King determines the mode of appointment of the representatives and the modalities of functioning of the Committee.
§ 2. The Steering Committee is responsible to issue opinions on: 1 ° any draft decree to be taken in implementation of this chapter, with the exception of an order described in the § 1;
2 ° the Central Organization and the impact of operating costs procedures;
3 ° the proposed annual budget of the Central;
4 ° the draft report referred to in article VII. 157 § 3. The Steering Committee is also responsible: 1 ° to approve the annual accounts of Central and affect any operating surplus;
2 ° to establish the structure and the distribution of reimbursement of the costs referred to in article VII. 155;
3 ° to approve the administrative and technical statements referred to in article VII. 148, § 3;
4 ° to approve the agreements of exchange of information with foreign credit plants under the conditions referred to in article VII. 153, § 1, paragraph 2.
§ 4. The accompanying Committee may apply to the College of the Auditors of the Bank to certify the accounts of Central.
S.
VII. 157. At least once a year, the Bank for the Minister a report on the operation of the plant.
This report includes: 1 ° an overview of the number and the nature of the stored data.
2 ° an overview of the number of consultations from Central;
3 ° a report detailed charges resulting from the operation of the plant, with an indication of potential practical problems or technical;
4 ° an analysis of the evolution of the defaults.
This report is published in the Moniteur belge.

CHAPTER 4. -To access to the activity of lenders and credit intermediaries article VII. 158. This chapter applies to any person carrying out a lender or credit in Belgium intermediary activity.
Section 1st.
-Lenders s. VII. 159. § 1. No person shall practise in Belgium lender, if it is licensed or registered by the FSMA beforehand.
No person shall use the title of lender, to indicate the activity of lender referred by this book, if it is licensed or registered by the FSMA beforehand.
§ 2. "Mortgage lender", means an active lender in the mortgage credit area.
"Consumer credit lender", means an active lender in the area of credit consumption.
§
3. In the event of assignment of mortgage receivables subject to this book, the transferee is also subject, without prejudice to the application of provisions relating to consumer credit, notably articles VII.102 to VII.104, to the provisions of this chapter and sections VII.123, VII.124 and VII.146, § 2.
Section 2. -Lenders under Belgian law subsection 1.
-Conditions of approval s. VII. 160. § 1. Any request for approval is sent to the FSMA in the forms and under the conditions laid down by the King.
§ 2.
The approval can be requested: 1 ° either as mortgage lender;
2 ° or as consumer credit lender.
In its application, the applicant shall specify what type of approval he seeks.
The two approvals may be added by the same legal entity.

§ 3. If it is an application for approval as a lender in consumer credit, the applicant shall specify: 1 ° if it intends to offer sales or loans to temperament or leasing contracts, and whether it will act as a transferee or creditor immediate substitute for these credit agreements;
2 ° if it also intends to offer credit lines or credit contracts for which no special rule was provided by this book or under it, as well as whether it will act as a transferee or creditor immediate substitute for these credit agreements.
§
4. The application is accompanied by a dossier complying with conditions set by the FSMA and which are particularly indicated in the kind and volume of proposed transactions, as well as the structure of the Organization of the institution and its close ties with other people. The applicant shall provide all information necessary for the assessment of his application.
Any modification to the data contained in the record of approval shall be forwarded immediately to the FSMA, without prejudice to the right of the FSMA by collecting information from the person concerned or to his claim of the supporting documents.
The record of approval also contains proof that models of credit contracts, including amortization tables, that the lender plans to use, have been pre-approved by the FPS economy.
§ 5. The FPS economy examines whether model contracts comply with all the provisions of this book and Book VI, and their execution orders. Models are filled prior to allow including the verification of the calculation of the annual percentage rate.
Changes to model contracts is submitted for approval to the FPS economy.
§ 6. The FSMA-approved lenders responding to the requirements of this subsection. It rules no later than within two months of receipt of the complete dossier and, at the latest, within six months of the submission of the application.
Accreditation decisions are communicated to the applicant by registered letter to the post.
The FSMA may validly notify the applicant decisions of approval or refusal of authorisation, as well as formal notice, prohibition, suspension and withdrawal of authorisation using preprinted forms, coated with a signature reproduced by a data process.
S. VII. 161. Lenders are constituted in the form of commercial company, with the exception of the form of private limited liability partnership established by one person, Corporation or form of legal entity for economic interest groupings that are not corporations.
S. VII. 162. The approval is conditional on the existence of a minimum capital fixed in accordance with the following rules: 1 ° 250,000 euros at least by type of credit agreement for lenders who offer sales and installment loans or contracts of leasing, as well as lenders who act as transferee or creditor subrogated immediate for these credit agreements;
2 ° 2,500,000 euros at least when the lender offers credit or openings of contracts of consumer credit for which no special rule was provided by law or under it, as well as lenders who act as transferee or creditor subrogated immediate for these credit agreements;
3 ° 2,500,000 euros at least for lenders who offer mortgage credit contracts, as well as lenders who act as assignee or immediate substitute creditors for these credit agreements.
The capital is fully paid the minimum amount laid down by the first paragraph.
In case of pre-existence of the company applicant, share premium, reserves and the deferred result includes capital. However, it only must reach 175,000 euros at least in the case referred to the alnea 1, 1 °, and 2,000,000 euros at least in the cases referred to in paragraph 1, 2 °, and be released up to these amounts.
S. VII. 163. § 1. The approval is subject to communication to the FSMA by the identity of the natural or legal persons who, directly or indirectly, acting alone or in concert with others, whether or not holding in the capital of the lender a participation of 20% at least conferring the right to vote, or who perform the control of the lender. Communication includes the indication of the haircuts of the capital and voting rights held by these people.
Accreditation is denied if the FSMA has grounds for considering that the natural or legal persons referred to in paragraph 1 do not have the necessary qualifications against the need to ensure a sound and prudent management of the lender.
§ 2. When approval is requested by a lender who is a subsidiary of a credit institution of a business of insurance, reinsurance, a society of scholarship or a payment institution, authorized in Belgium, the subsidiary of the parent of a credit institution undertaking of an insurance undertaking, a reinsurance undertaking, a society of scholarship or a payment institution registered in Belgium, is still controlled by the same natural or legal persons as a credit institution than a business insurance, a business of reinsurance, a society of scholarship or as a payment institution, authorized in Belgium, FSMA consultation, before taking its decision, the Bank.
When approval is requested by a lender who is either a subsidiary of a credit institution of a business of insurance, reinsurance, a business investment, a company of management of organizations for collective investment or a payment institution authorised in another Member State, the subsidiary of the parent of a credit institution undertaking of an insurance undertaking, a reinsurance undertaking , of an investment firm, a management company of undertakings for collective investment or a payment institution authorised in another Member State, is still controlled by the same people or legal entities as a credit institution, insurance undertaking, a reinsurance undertaking, an investment firm, as a management company of undertakings for collective investment or establishment of payment, authorised in another Member State , the FSMA consults, before taking its decision, the authorities of those other Member States who control the credit institutions, insurance undertakings, reinsurance undertakings, investment firms, undertakings for collective investment management companies or the payment institution, approved under their law.
S. VII. 164. § 1.
Members of the legal governing body of lenders and the persons responsible for the effective management, if any members of the Executive Committee, are exclusively of natural persons.
The persons referred to in paragraph 1 must have at all times the required professional repute and expertise appropriate to the exercise of their function, in particular the granting of contracts of credit referred to in article VII. 160, § 3.
§ 2. The actual direction of the lenders should be entrusted to two persons at least.
§ 3. Members of the legal governing body of lenders and individuals who are responsible for the effective management, appropriate members of the Executive Committee, may be in one of the cases referred to in article 19 of the law of 22 March 1993.
When the FSMA must pronounce on professional repute and appropriate expertise of someone who is proposed for the first time to a function referred to in this paragraph in a financial company controlled by the FSMA in accordance with article 45, § 1, 2 °, of the law of 2 August 2002, the FSMA previously consulted the Bank.
The Bank shall communicate its opinion to the FSMA within a period of one week from the receipt of the request for an opinion.
S. VII. 165. § 1. Lenders have an organization

enabling them to carry out at any time in the legal and regulatory obligations which apply to them under the present book and of regulations and orders taken for execution.
In particular, they put in place an organization to ensure compliance with their tied agents and by the employees and sub-agents of the latter, the legal and regulatory obligations which apply to them under the present paper and the orders and regulations for its implementation, and in particular the provisions on professional knowledge.
They have accounts to provide the information required by the regulations of a statistical nature.
The mortgage lenders take the archives appropriate types of real estate assets accepted as collateral, as well as the acceptance of requests for mortgage lending policy.
§ 2. The central administration of the lenders must be established in Belgium.
Sub-section 2. -Conditions of exercise articles VII. 166. § 1 subject to the provisions which follow, the conditions for approval are met at all times during the activity.
§ 2. Lenders may appeal a credit intermediary who is not registered in accordance with the provisions of this chapter.
If they nevertheless involve a non-registered credit intermediary, they are civilly liable for acts performed by the intermediary in the context of its activity of intermediation in credit.
§
3. If lenders have knowledge of items that could cast doubt on the compliance of the conditions of registration laid down in this chapter in the head of a credit intermediary whereby it rely or appealed, they shall immediately inform thereof the FSMA.
They also inform the FSMA if they have knowledge that someone presents itself as a credit intermediary without being registered in the register provided for by this book.
§ 4. Acceding lenders in an extra-judicial settlement of disputes of consumption, as referred to in article VII.216, contribute to the financing of this regulation, and respond to any requests for information that they would be addressed in the context of the treatment of the complaints through this regulation.
S. VII. 167. The own funds of lenders may not become lower than the amount of the minimum capital laid down in accordance with article VII.162.
In cooperative societies, it cannot be made to the reimbursement of shares if it would result in that the lender would more respect the provisions of the preceding paragraph.
S. VII. 168. § 1.
Without prejudice to the application of the law of May 2, 2007 on advertising of major holdings in issuers whose shares are admitted to trading on a regulated market various provisions, any physical or legal person acting alone or in concert with others, who proposes to acquire, directly or indirectly, a participation in the capital of a lender , is to carry out, directly or indirectly, to an increase of the participation in the capital of a lender, so that the proportion of voting rights or of capital units held que la proportion de droits de vote ou de parts de capital detenue atteigne reaches or exceeds the thresholds of 20%, 30% or 50% or that the lender would become its subsidiary, shall notify in advance in writing to the FSMA.
The FSMA is entitled to ask that person with all relevant information to enable it to assess whether it has the necessary qualifications against the need to ensure a sound and prudent management of the lender.
The FSMA shall, where appropriate, at the consultations provided for in article VII. 163, § 2.
§ 2. Within two months of receipt of a complete file, the FSMA may oppose the completion of the acquisition if it has reasonable grounds to consider that the acquirer does not present the necessary qualities with regard to the need to ensure a sound and prudent management of the lender.
§ 3. When the FSMA has reason to consider that the influence exerted by a natural or legal person owning, directly or indirectly, a participation of at least 20% in the capital of a lender or exercising the control of the lender is likely to compromise its sound and prudent management, and without prejudice to other measures provided for in this chapter, it may: 1 ° suspend the exercise of the voting rights attached to shares held by the shareholder or the shareholder in question; It may, at the request of any interested person, grant the lifting of the measures ordered by it; its decision shall be notified in the manner most appropriate to the shareholder or the shareholder in question; his decision is binding as soon as it has been notified; the FSMA may make its decision public;
2 ° give injunction to the shareholder or the shareholder subject to transfer, within the time limit laid down of shareholder rights it holds.
Assignment within the time limit, the absence of the FSMA may order the receivership of the fees associated with such institution or person it shall determine. The receiver gives knowledge to the lender which amends accordingly the register of shares or sell personal and that accepts the exercise of rights attached thereto by the only receiver. It is in the interests of a healthy and prudent management of the lender and the holder of the rights of the shareholders were the subject of the receiver. It exercises all the rights attached to the shares or of the shareholders.
Them are collected by him in respect of dividend or otherwise are provided by him to the supra holder if it has complied with the injunction referred to in paragraph 1, 2 °. Subscription to increases of capital or other securities conferring or the right to vote, the option of dividend payable in the company's securities, the response to public purchase or Exchange offers and the release of not fully released titles are subordinated to the supra cardholder agreement.
Rights of shareholders acquired under these operations are, of right, the object of the above intended receiver. The remuneration of the receiver is set by the FSMA and is dependent of the supra holder. The receiver may charge such remuneration on the amounts that are paid to him in his capacity as receiver or by the supra holder for the purpose or as a consequence of the transaction referred to above.
When voting rights were exercised by the holder or by a person, other that the receiver, acting on behalf of the holder after the expiry of the time limit in accordance with paragraph 1, 2 °, first sentence, notwithstanding a suspension of their exercise pronounced pursuant to the paragraph 1, 1 °, the commercial court in the jurisdiction in which the company has its registered office may on request of the FSMA, pronounce the invalidity of all or part of the deliberations of the General Assembly if, without illegally exercised voting rights, presence or majority quorum required by such proceedings have not been met.
S. VII. 169. Lenders inform previously the FSMA by the proposal of appointment of members of the legal Board of Directors and the members of the Committee of management or, in the absence of Management Committee of those responsible for the effective management.
In the context of the information required under paragraph 1, lenders shall communicate to the FSMA all documents and information to assess if the persons whose appointment is proposed have the required professional repute and the appropriate expertise in the performance of their duties in accordance with article VII. 164, § 1, paragraph 2.
Paragraph 1 is also applicable to the proposal for renewal of the appointment of persons who are covered as well as the non-renewal of appointment, dismissal or resignation.
The appointment of the persons referred to in paragraph 1 is subject to the prior approval of the FSMA.
When it comes to the appointment of a person who is proposed for the first time to a function referred to in paragraph 1 in a financial company controlled by the FSMA in application of article 45, § 1, 2 °, of the law of 2 August 2002, the FSMA previously consulted the Bank. The Bank shall communicate its opinion to the FSMA within a period of one week from the receipt of the request for an opinion.
Lenders shall inform the FSMA for the possible distribution of tasks between members of the legal body of Directors and persons responsible for the effective management, as well as of significant changes in the distribution of tasks.
Significant changes in the distribution of the tasks referred to in the preceding paragraph give rise to the application of paragraphs 1 to 4.
S. VII. 170. The opening by the lender of branches and subsidiaries abroad engaged in an activity of lender is subject to the prior authorization of the FSMA.
The FSMA may object to the realization of the project only if it is of the opinion that the project will have adverse repercussions on the organization or the control of the lender.
S. VII.171. every lender is required to pay compensation to cover the costs of checks to the FSMA. The amount of this remuneration, the case where it is due, and the time in which it shall be paid, are determined by the King by application of article 56 of the law of 2 August 2002.
S. VII. 172. The FSMA publishes on its website a list maintained regularly by lenders, as well as the history of changes in the last 12 months.
This list is divided as follows: list of lenders in mortgage credit 1 °

Belgian law mortgage lenders approved: a. credit institutions;
b. insurance companies;
electronic money institutions;
d. payment institutions;
e. lenders 'social' (article VII.3, § 4, 2 °);
f. other lenders.
2 ° foreign law mortgage lenders approved: a. credit institutions governed by the law of States non-members of the European economic area;
b. insurance companies;
electronic money institutions governed by the law of other Member States of the European economic area;
d. payment institutions governed by the law of other Member States of the European economic area;
e. electronic money institutions governed by the law of non-Member States of the economic area European and approved as such in Belgium.
f. other lenders in mortgage credit from foreign law.
3 ° lenders in mortgage credit by registered foreign law: 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 78 of the law of 22 March 1993).
List of lenders in the 1 ° consumer credit lenders in the Belgian consumer credit approved: a. credit institutions;
b. electronic money institutions;
c. payment institutions;
d. "social" lenders (section VII.3, § 4, 2 °);
e. other lenders.
2 ° lenders in foreign law consumer credit approved: a. credit institutions governed by the law of States non-members of the European economic area;
b. electronic money institutions governed by the law of other Member States of the European economic area;
c. other lenders in credit for consumption of foreign law.
3 ° lenders in foreign law registered consumer credit: a. institutions of credit governed by the law of other Member States of the European economic area;
b. electronic money institutions governed by the law of other Member States of the European economic area;
c. payment institutions governed by the law of other Member States of the European economic area;
d. 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 78 of the law of 22 March 1993).
The list published by the FSMA indicates for each lender in credit for consumption, by reference to article VII.160, § 3, the type of loans granted.
S. VII. 173. Articles VII. 161-VII. 164, and VII. 167 to VII. 169 are not applicable to lenders that are worn either as credit institutions on the list provided for in article 13 of the law of 22 March 1993 or as business insurance on the list provided for in article 4 of the law of 9 July 1975 relating to the control of the business of insurance or as electronic money institution on the list provided for in article 64 of the law of December 21, 2009 , either as payment institutions on the list referred to in article 9 of this law.
Section 3. -Lenders of foreign law subsection 1. -Some financial companies regulated under the law of another State member s. VII. 174. § 1. Credit institutions and financial institutions referred to in article 78 of the law of 22 March 1993, electronic money institutions governed by the law of another Member State, payment institutions which are entitled under national law to grant contracts of credit for consumption in their home Member State, may, by way of installation of branches or under the freedom to provide services exercise the activity of credit lender for consumption in Belgium, without prior approval by the FSMA.
Credit institutions and financial institutions referred to in article 78 of the law of 22 March 1993 which are empowered under their national law to grant contracts of mortgage credit in their home Member State, may, by way of installation of branches or under the freedom to provide services, practise as lender of mortgage credit in Belgium , without prior approval by the FSMA.
§ 2. As soon as, pursuant to the provisions applicable, the Bank is informed by the competent authority of the Member State of origin of the institutions that it consider the conclusion in Belgium of credit agreements, it shall notify the FSMA, and passes the relevant information which is communicated to it by the competent authority of the Member State of origin.
§ 3. The FSMA informed the establishment concerned legal and regulatory provisions Belgian who, to his knowledge and after consultation with FPS economy, are of general interest, and makes it part of the obligation to submit to the FPS economy model contracts of mortgage credit or consumer credit that the institution intends to use in Belgium.
The provisions of general interest referred to in this paragraph are published on the website of the FSMA.
To this end, the institution concerned shall submit credit agreement models envisaged in the prior agreement of the FPS economy. The FPS economy examines whether model contracts comply with all the provisions of general interest of this book and Book VI, and their execution orders.
Models are filled in order to facilitate, inter alia, the verification of the calculation of the annual percentage rate. The FPS economy communicates to the FSMA a copy of its reply to the applicant.
Any modification of model contracts is subject to the same procedure.
§ 4. If contract models win the agreement of the FPS economy, FSMA registers of the institution as lender and shall notify the institution, a copy of this notification to the Bank.

§ 5. In the absence of a notification within two months from the communication referred to in § 3, paragraph 1, the institution may initiate activities announced, by notice given to the FSMA and the FPS economy.
§ 6. If the FPS economy does not mark its agreement on model contracts, FSMA shall notify the establishment.
If the institution does not take account of this notification, the FSMA may prohibit the establishment of practice in Belgium a lender activity and, where appropriate, of credit intermediary. This decision is notified to the institution by registered letter to the post, a copy being sent to the Bank and the FPS economy.
S.
VII. 175. Articles VII. 165, § 1, and VII. 166, §§ 2 to 4, shall apply to the establishments referred to in this subsection.
The establishments referred to in this sub-section with a branch in Belgium are subject to article VII. 180, § 2, and VII.184, § 1, paragraph 2.
Sub-section 2. -Other lenders of foreign law art. VII. 176. § 1. This sub-section is designed by foreign law companies other than those referred to in subsection 1.
Corporations referred to in this subsection that governed by the law of a third State cannot exercise the activity of lender in Belgium, without being established.
§ 2. Sections 1 and 2 and articles VII. 180, § 2, and VII. 184, § 1, paragraph 2, shall apply to lenders under this subsection, with the exception of article 165, paragraph 2, which does not apply to lenders who governed by the law of other States members of the European economic area and that carry on their activity by lender in Belgium within the framework of the free provision of services.
Articles VII. 164 and VII. 169 apply to their effective management in Belgium, article VII. 165, § 1, shall mean to their Belgian establishment and article VII. 165, § 2, means for their operations on the Belgian territory.
Article VII. 170 is not applicable to branches of companies of foreign law.
§ 3. Articles VII. 161-VII. 164, and VII. 167 to VII.
169 are not applicable to the lenders listed in this subsection that are worn either as branches of credit institutions on the list provided for in article 13 of the law of 22 March 1993 or as branches of insurance companies on the lists provided for in articles 4 and 66 of the law of 9 July 1975 relating to the control of insurance undertakings , as branches of electronic money institutions on the lists provided for in articles 64 and 91 of the Act of December 21, 2009, either as branches of payment institutions on the list provided for in article 39 of the Act.
Section 4. -Intermediaries of credit art. VII. 177. Credit intermediaries are subdivided into two categories: 1 ° the intermediaries in mortgage credit.
2 ° consumer credit intermediaries.
"Intermediary in mortgage credit" means credit intermediaries active in the mortgage sector.
"Intermediate consumer credit", means credit intermediaries active in the sector of credit consumption.
S.
VII. 178. Any credit intermediary established in the form of a legal person under Belgian law must have its headquarters in Belgium.
Any natural person of Belgian nationality engaged in an activity of credit intermediary must have its headquarters in Belgium.
S.
VII. 179. Each credit intermediary is required to remunerate the FSMA in coverage

control costs. The amount of this remuneration, the case where it is due, and the time in which it shall be paid, are determined by the King by application of article 56 of the law of 2 August 2002.
Section 5. -Intermediaries in mortgage credit subsection 1.
-Provisions general article VII. 180. § 1. No mortgage intermediary which the Belgium is the home Member State cannot exercise mortgage intermediary activity, if it is first registered on the register kept for that purpose by the FSMA.
No mortgage intermediary with the Member State of origin one country other than the Belgium cannot exercise in Belgium the activity of intermediation in mortgage credit, if it is previously registered as an intermediary in mortgage credit by the competent authority of its home Member State.
No mortgage intermediary who has domicile or its European head office in a non-EEA country cannot exercise in Belgium the activity of intermediation in mortgage credit, if it is previously registered in the register of intermediaries in mortgage credit held by the FSMA.
§ 2. However, the mortgage lenders regularly approved or registered in accordance with this chapter are allowed to pursue the activity of intermediary mortgage without registration, subject to compliance with the conditions below: 1 ° designate one or more officials of the distribution according to the rules established in § 5 of this article.
2 ° these distribution officials meet the same conditions regarding professional knowledge, ability and honorability professional as those applicable to those responsible for the distribution of mortgage credit intermediaries;
3 ° the other persons employed by the lender which in any way that, in contact with the public within the meaning of article I.9, 79 ° code of economic law, must meet the same conditions regarding professional knowledge than those applicable to persons in contact with the public employed by intermediaries in mortgage credit.
4 ° be of professional liability insurance, covering the entire territory of the European economic area.
The insurance contract contains a provision that requires insurance undertakings, when terminated the contract, notify the FSMA. The fixed King, on the advice of the FSMA, the conditions of this insurance.
Concerned lenders report periodically to the FSMA for the execution of the provision referred to in items 1 ° and 2 ° of the preceding paragraph, stating a list of names heads of distribution, as well as the statement of all of the later changes to this list.
They meet the professional knowledge of the persons referred to the 2 ° and 3 ° of the preceding paragraph.
They shall retain the documents proving the professional knowledge of these people and keep at the disposal of the FSMA.
§ 3. No person shall wear the title of mortgage credit intermediary or subdivisions, to indicate the mortgage intermediary activity covered by this section, if it is first registered on the register kept for that purpose by the FSMA.

§ 4. Mortgage brokers are subdivided as follows: 1 ° brokers credit;
2 ° tied agents;
3 ° subagents.
§ 5. Mortgage intermediaries shall designate one or more individuals as responsible for the distribution.
Their number is adapted to the Organization and the activities of the intermediary. The King may set this number.
Intermediaries in mortgage credit report periodically to the FSMA for the execution of the preceding paragraph, enclosing a nominative list heads of distribution, as well as the statement of all of the later changes to this list. They shall retain the documents proving the professional knowledge of those responsible for the distribution and people in contact with the public, and shall keep at the disposal of the FSMA.
Sub-section 2. -Conditions of registration art.
VII. 181. § 1. In order to be entered in the register of intermediaries in mortgage credit, and to be able to keep this registration, a registration applicants must meet the following conditions: 1 ° the intermediate, distribution managers and people in contact with the public, have the professional knowledge determined by the King;
2 ° the intermediate and distribution managers have an aptitude and a professional integrity sufficient to assume their duties. They cannot be found in one of the cases referred to in article 19 of the law of 22 March 1993, having been declared bankrupt, unless they have been rehabilitated. For the purposes of this article, 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 Corporation declared state of bankruptcy;
3 ° to be the object of the professional liability insurance, covering the entire territory of the European economic area. The insurance contract contains a provision that requires insurance undertakings, when terminated the contract, notify the FSMA. The fixed King, on the advice of the FSMA, the conditions of this insurance. Are however exempted from this obligation to ensure their professional responsibility, tied agents and subagents insofar as lenders or intermediaries for the account of which they act, unconditionally assume this responsibility;
4 ° in relation to their activity of intermediary mortgage in Belgium, deal with other companies or persons who, pursuant to this chapter, are authorised or registered for the exercise of this activity in Belgium;
5 ° join an extra-judicial settlement of disputes of consumption as referred to in article VII.216, contribute to the financing of this regulation, and respond to any request for information that it would be addressed in the context of the treatment of the complaints through this regulation;
6 ° pay the remuneration due to the FSMA for the exercise of the control;
7 ° communicate to the FSMA one address professional electronic mail to which the FSMA has the ability to properly address all communications, individual or collective, that it operates in pursuance of this chapter.
Intermediaries in mortgage credit and, in the case referred to in § 5, the central body, must demonstrate to the FSMA, according to the rules specified by the latter by way of regulation, including periodicity, compliance with the provisions laid down in paragraph 1.
§ 2. In addition, if a legal person seeking registration as an intermediary, the following provisions shall apply: 1 ° members of the legal governing body of such person must possess professional knowledge determined by the King, as well as an aptitude and a professional integrity sufficient to assume their duties. They cannot be found in one of the cases referred to in article 19 of the law of 22 March 1993, having been declared bankrupt, unless they have been rehabilitated.
For the purposes of this article, 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 Corporation declared state of bankruptcy;
2 ° the Corporation communicates to the FSMA the identity of shareholders holding control of the company;
in the judgment of the FSMA, these shareholders must present the necessary qualities with regard to the need to ensure sound and prudent management. Any change in the identity of the shareholders controlling is communicated to the FSMA.
§ 3. The applicant for a registration as a broker mortgage attached to its application for registration a declaration on the honour of which it is its professional operates outside any contract of exclusive agency or any other legal obligation requiring it to place all or a specific part of its production with a lender or several lenders belonging to the same group.
Any changes to the data on which the statement referred to in paragraph 1 shall be communicated without delay to the FSMA.
§ 4. The applicant for a registration as a subagent establishes in his application form that he is pursuing his activity on behalf and under the responsibility of full, unconditional of a single mortgage intermediary.
§ 5. Without prejudice to the preceding paragraphs, several candidates can introduce their application collectively, if compliance with the obligations imposed on them by this article is verified by a central body. This central body must be a mortgage lender. In this case, the registration request is introduced by the central body, under his responsibility. It is also responsible for the control of permanent compliance with registration requirements. For the application

in this chapter, their folder is treated as if it were the record of a single undertaking.
Credit intermediary who has been registered in the register of credit intermediaries following this procedure is cancelled this registry office if central agency requests the withdrawal of his nomination.

§ 6. The tied agent is, in relation to its activity of intermediation in mortgage credit, responsibility full and unconditional, the mortgage lender on behalf of which it acts.
This last control compliance by agent bound by the provisions of this book and of the regulations and orders made pursuant to it.
§ 7. 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.
Credit intermediary or the lender monitors compliance by the subagent of the provisions of this book and of the orders and regulations implementation of it.
Sub-section 3. -From the article registration procedure
VII. 182. § 1. Any application for registration is sent to the FSMA in the forms and under the conditions laid down by the King.
§ 2. Any modification to the data contained in the registration file shall be forwarded immediately to the FSMA, without prejudice to the right of the FSMA by collecting information from the person concerned or to his claim of the supporting documents.

§ 3. The FSMA registered mortgage brokers responding to the requirements of subsection 2. It rules no later than within two months of receipt of the complete dossier and, at the latest, within four months of submission of the application.
§ 4. FSMA Management Committee may delegate to a member of the staff of the FSMA designated by him notification of decisions of registration or refusal of registration in the register of intermediaries in mortgage credit, as well as decisions of amendment, setting in residence, prohibition, suspension and cancellation of the recordal.
The FSMA may validly notify the decisions referred to in the previous paragraph using preprinted forms, coated with a signature reproduced by a data process.

§ 5. The FSMA publishes on its web site the registry maintained by intermediaries in mortgage credit, as well as the history of changes that have occurred in the last 12 months.
This register is subdivided as follows: A. intermediaries under Belgian law brokers of credit tied Agents sub-agents B. intermediates of law of another Member State established in Belgium in the form of branch v. intermediaries of law of another Member State active in Belgium by free provision of services D. other intermediaries of foreign law the register mentions for each mortgage intermediary : 1 ° the data necessary for its identification.
2 ° the date of its registration;
3 ° the category in which it is registered;
4 ° the name of the leaders of the distribution;
5 ° for tied agents: the name of the mortgage lenders to which they relate;
6 ° for subagents: the name of the mortgage credit intermediaries under the responsibility of which they exercise their activities.
7 ° if applicable the date of its cancellation;
8 ° any other information than the FSMA considers useful for a correct information to the public.
The FSMA determines the conditions under which the mention of the cancellation of an intermediary is removed from the web site.
§
6. At the time of his application, the applicant indicates in which category of the register would be registered. An intermediary can be registered in one category of the register.
Subsection 4. -Of freedom of establishment and the free provision of services art. VII. 183. § 1. Any intermediary mortgage registered in Belgium who intends to exercise for the first time of activities in another Member State under the regime of freedom of establishment or freedom to provide services, notify beforehand the FSMA. The register indicates in which Member States through operates under the freedom of establishment or the freedom to provide services.
Within one month of notification, the FSMA informed of this intention to the competent authority of the host Member State, and shall communicate this notification to the concerned intermediary.
FSMA also notifies the competent authorities of host Member States concerned the lenders to which mortgage intermediary is bound, and indicates if the lender has fully and unconditionally responsibility for activities of this intermediate.
The FSMA is competent to verify the professional knowledge of those responsible for the distribution and people in contact with the public for mortgage credit intermediaries referred to in this paragraph and which are active in freedom to provide services in other Member States of the European economic area as the Belgium.
When an intermediary referred to in this paragraph is removed from the register by the FSMA, it shall inform within fourteen days after the authorities of the host States concerned.
§ 2. The intermediary mortgage credit authorized as such in one Member State other that the Belgium can begin its activities in Belgium, either under the regime of freedom of establishment, or under that of free provision of services, after notice to the competent authority of his Member State of origin, and after this authority has warned the FSMA in accordance with European law in this area. The FSMA publishes the list of these intermediaries on its website and ensures regular updating on the basis of the data available to it.
§ 3. The FSMA informed the intermediary concerned legal and regulatory provisions Belgian who, to his knowledge and after consultation with the FPS economy, are of general interest. The provisions of general interest referred to in this paragraph are published on the website of the FSMA.
§ 4. The concerned intermediary may start business one month after the date on which it was informed by the competent authorities of the home Member State of the notification referred to in § 2.
§ 5. Intermediaries referred to in paragraph 2 and which are established in Belgium under the guise of the freedom of establishment 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 ° these distribution officials meet the same conditions regarding professional knowledge, ability and honorability professional as those applicable to those responsible for the distribution of the intermediaries in mortgage credit under Belgian law;
3 ° other persons employed by the intermediary who, in any manner whatsoever, are in contact with the public within the meaning of article I.9, 81 ° comply with the same conditions regarding professional knowledge as those applicable to persons in contact with the public employed by intermediaries in mortgage credit under Belgian law.
§ 6.
The competent foreign authorities for the control of intermediaries in mortgage credit having established a branch in Belgium may, given prior notice to the FSMA, conduct inspections on the spot in this branch.
Section 6. -Intermediaries in sub-section 1 consumer credit. -Provisions general article VII. 184. § 1. No person shall exercise in Belgium consumer credit intermediary activity, if it is first registered on the register kept for that purpose by the FSMA.
However, the regularly approved or registered consumer credit lenders are allowed to pursue the activity of credit intermediary consumption without registration, subject to compliance with the following conditions: 1 ° designate one or more officials of the distribution according to the rules established in article VII.185, § 2;
2 ° the distribution officials meet the same conditions regarding professional knowledge, ability and honorability professional as those applicable to those responsible for the distribution of consumer credit intermediaries;
3 ° the other persons employed by the lender who, in any manner whatsoever, are in contact with the public within the meaning of article I.9, 79 ° comply with the same conditions regarding professional knowledge as those applicable to persons in contact with the public employed by consumer credit intermediaries;
4 ° be of professional liability insurance, covering the entire territory of the European economic area. The insurance contract contains a provision that requires insurance undertakings, when terminated the contract, notify the FSMA. The fixed King, on the advice of the FSMA, the conditions of this insurance.
Concerned lenders report periodically to the FSMA for the execution of the provision referred to in items 1 ° and 2 ° of the preceding paragraph, stating a list of names heads of distribution, as well as the statement of all of the later changes to this list. They meet the professional knowledge of the persons referred to the 2 ° and 3 ° of the preceding paragraph. They shall retain the documents proving the professional knowledge of these people and keep at the disposal of the FSMA.
§

2. no person shall use the title of intermediary credit or one of its subdivisions, to indicate the activity of intermediary credit for consumption covered by this chapter, if it is first registered on the register kept for that purpose by the FSMA.
S. VII.185. § 1. Consumer credit intermediaries are subdivided into: 1 ° brokers credit;
2 ° tied agents;
3 ° agents on an ancillary basis.
§ 2. Consumer credit intermediaries shall designate one or more individuals as responsible for the distribution.
Their number is adapted to the Organization and the activities of the intermediary. The King may set this number.
Consumer credit intermediaries reporting periodically to the FSMA for the execution of the preceding paragraph, contacting him a list of names heads of distribution, as well as the statement of all of the later changes to this list. They shall retain the documents proving the professional knowledge of those responsible for the distribution and people in contact with the public, and holds them at disposal of the FSMA.
Sub-section 2. -Conditions of registration art. VII. 186. § 1. In order to be entered in the register of intermediaries in consumer credit, and to be able to keep this registration, the applicant registration as a broker or as a tied agent shall comply with the following conditions: 1 ° the intermediate, makers of the distribution and people in contact with the public, have the professional knowledge determined by the King;
2 ° the intermediate and distribution managers have an aptitude and a professional integrity sufficient to assume their duties. They can be found in one of the cases referred to in article 19 of the law of 22 March 1993;
3 ° to be the object of the professional liability insurance, covering the entire territory of the European economic area. The insurance contract contains a provision that requires insurance undertakings, when terminated the contract, notify the FSMA. The fixed King, on the advice of the FSMA, the conditions of this insurance. Are however exempted from this obligation to ensure their professional responsibility, tied agents insofar as lenders or intermediaries for the account of which they act, unconditionally assume this responsibility;
4 ° in relation to their consumption in Belgium credit intermediary activity, deal with other companies or persons who, pursuant to this chapter, are authorised or registered for the exercise of this activity in Belgium;
5 ° join an extra-judicial settlement of disputes of consumers as referred to in article VII.216, contribute to the financing of this regulation, and respond to any request for information that it would be addressed in the context of the treatment of the complaints through this regulation;
6 ° pay the remuneration due to the FSMA for the exercise of the control;
7 ° communicate to the FSMA one address professional electronic mail to which the FSMA has the ability to properly address all communications, individual or collective, that it operates in pursuance of this chapter.
Intermediaries referred to this article and, in the case referred to in § 4, central agency, demonstrate to the FSMA, according to the rules specified by the Commission by regulation, including periodicity, compliance with the provisions laid down in paragraph 1.

§ 2. In addition, if a legal person seeking registration as an intermediary, the following provisions shall apply: 1 ° the persons to whom is entrusted the effective management of this legal person possess the professional knowledge determined by the King, as well as an aptitude and a professional integrity sufficient to assume their duties. They can be found in one of the cases referred to in article 19 of the law of 22 March 1993;
2 ° the Corporation communicates to the FSMA the identity of shareholders holding control of the company; in the judgment of the FSMA, these shareholders must present the necessary qualities with regard to the need to ensure sound and prudent management. Any change in the identity of the shareholders controlling is communicated to the FSMA.
§ 3. The applicant for a registration as a broker in consumer credit with its application for registration a declaration on the honour of which it is its professional operates outside any contract of exclusive agency or any other legal obligation requiring it to place all or a specific part of its production with a lender or several lenders belonging to the same group.
Any changes to the data on which the statement referred to in paragraph 1 shall be communicated without delay to the FSMA.
§ 4. Without prejudice to the preceding paragraphs, several candidates can introduce their application collectively, if compliance with the obligations imposed on them by this article is verified by a central body. This central body must be a consumer credit lender. In this case, the registration request is introduced by the central body, under his responsibility. It is also responsible for the control of permanent compliance with registration requirements. For the purposes of this chapter, their folder is treated as if it were the record of a single undertaking. Credit intermediary who has been registered in the register of intermediaries of credit for consumption following this procedure is cancelled this registry office if central agency requests the withdrawal of his nomination.
§ 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. This last check compliance by the agent of the provisions of this book and of the orders and regulations taken into view the execution of the.
S. VII. 187. § 1. In order to be entered in the register of intermediaries in consumer credit, and to be able to keep this registration, the applicant for registration as an agent on an ancillary basis must meet the following conditions: 1 ° distribution officials and people in contact with the public, have the professional knowledge determined by the King;
2 ° distribution officials possess an aptitude and a professional integrity sufficient to assume their duties. They can be found in one of the cases referred to in article 19 of the law of 22 March 1993;
3 ° to be the object of the professional liability insurance, covering the entire territory of the European economic area.
The insurance contract contains a provision that requires insurance undertakings, when terminated the contract, notify the FSMA. On advice of the FSMA, the King fixed the conditions of this insurance;
4 ° in relation to their consumption in Belgium credit intermediary activity, deal with other companies or persons who, pursuant to this chapter, which are approved or registered for the exercise of this activity in Belgium;
5 ° join an extra-judicial settlement of disputes of consumption as referred to in article VII.216, contribute to the financing of this regulation, and respond to any request for information that it would be addressed in the context of the treatment of the complaints through this regulation;
6 ° pay the remuneration due to the FSMA for the exercise of the control;
7 ° communicate to the FSMA one address professional electronic mail to which the FSMA has the ability to properly address all communications, individual or collective, that it operates in pursuance of this chapter.
§ 2. Intermediaries referred to in article demonstrate to the FSMA, according to the rules specified by the Commission by regulation, including periodicity, compliance with the provisions laid down in paragraph 1.
Sub-section 3. -From the article registration procedure VII. 188. § 1. Any application for registration is sent to the FSMA in the forms and under the conditions laid down by the King.
§ 2.
Any modification to the data contained in the registration file shall be forwarded immediately to the FSMA, without prejudice to the right of the FSMA by collecting information from the person concerned or to his claim of the supporting documents.
§ 3. The FSMA registered intermediaries in consumer credit meets the conditions set out in subsection 2. It rules no later than within two months of receipt of the complete dossier and, at the latest, within four months of submission of the application.
§ 4. The FSMA Management Committee may delegate to a member of the staff of the FSMA designated by him notification of decisions of registration or refusal of registration in the register of intermediaries in consumer credit, as well as of decisions regarding modification, implementation remains, ban, suspension and cancellation of the recordal.
The FSMA may validly notify the decisions referred to in the previous paragraph using preprinted forms, coated with a signature reproduced by a data process.
§ 5. The FSMA publishes on its website the register maintained for intermediaries of credit for consumption, as well as the history of changes that have occurred in the last 12 months.
This register is subdivided as follows: 1 ° 2 ° tied agents credit brokers 3 ° ancillary agents register

mentions for each credit intermediary consumption the data necessary for his identification, the date of registration, category for which it is registered, where appropriate the date of its radiation, as well as any other information the FSMA considers useful for a correct information to the public. The FSMA determines the conditions under which the mention of the cancellation of an intermediary is removed from the web site.
The register of credit intermediaries at 31 December of each year is published in the Moniteur belge by care of the FSMA.
§ 6. At the time of his application, the applicant indicates in which category of the register would be registered. An intermediary can be registered in one category of the register.
TITLE 5. -Civil sanctions Chapter 1. -Payment Art. services VII. 189. Except if it proves that the payer acted fraudulently, the provider of payment service charge remains against the user of payment services, for all the consequences resulting from the use of an instrument of payment by a third party not authorized for non-compliance by the payment service provider obligations it has under sections VII. 13, 5 °, a) and (c)) and VII. 31, 1 ° and 3 °.
S. VII. 190.
In the event of non-compliance by the service provider for payment of the obligations arising out of article VII. 55, § 1 and without prejudice to penalties at common law, the payment service user is exempt from full right to the payment of the expenses claimed.
S. VII. 191. In the event of non-compliance by the service provider of payment of obligations arising from sections VII. 12, VII. 13, 2 ° to 6 °, VII. 14 and VII. 15, VII. 20, VII. 22, paragraph 2, VII. 24, VII. 28, VII. 31, VII. 35, paragraph 1, VII. 37, VII. 38, § 2, VII. 39 and VII. 40, VII.
42, VII. 44-VII.47, VII. 49-VII. 51, VII. 55 and VII. 56, without prejudice to the penalties of law, by registered letter to mail and motivated, the payment service user may terminate the framework contract from the moment where he has knowledge or should have had knowledge of failure to fulfil these obligations without delay and without fees or penalties.
S. VII.192. in the event of non-compliance by the issuer of electronic money of the obligations arising out of article VII. 61 and without prejudice to the sanctions of common law: 1 ° the holder of electronic money is exempt from full right to the payment of any costs related to the refund;
2 ° the holder of electronic money may terminate without delay and free of charge or penalty, by letter recommended to the position and motivated, the contract of electronic currency and, where appropriate, the framework contract on payment services, from the time where he has knowledge or ought to have knowledge of failure to fulfil these obligations.
S.
VII. 193. When the payment service provider does not or, where applicable, does not respect the requirements of information referred to in article 5 (2) and (3) of Regulation (EU) No. 260/2012, necessary to correct a payment transaction execution, the payment service user can request, without prejudice to the sanctions of common law, the application of the measures of compensation for the damage caused by the breach of obligations.
The payment service provider is liable to the payer for the consequences of the execution of a payment transaction contrary to the payer instructions given in accordance with article 5 (3) (d)) of Regulation (EU) No. 260/2012.
He re-established without delay the payment account debited in the situation that would have prevailed if the above instructions had been followed. Similarly, the payer is entitled to additional compensation for other financial consequences possible.
When the beneficiary who is not a consumer, does not or, where appropriate, guarantees not the compliance with the requirements of information referred to in article 5 (4) of Regulation (EU) No. 260/2012, necessary to correct a payment transaction execution, the payment service user can request, without prejudice to the sanctions of common law, the application of the measures of compensation for the damage caused by the breach of obligations.
CHAPTER 2. -Credit for consumption article VII. 194. Without prejudice to the sanctions of common law, the judge cancel the contract or reduce the obligations of the consumer to the maximum until the price of the good or service the cash or the amount borrowed, in this case retaining the benefit of the timing of payments, when the credit agreement was concluded as a result of a method of illicit sale referred to in article VII. 67 s. VII. 195. Without prejudice to the sanctions of common law, judge cancels the contract or reduce the obligations of the consumer to the maximum until the price in cash or to the amount borrowed, where the lender does not the particulars referred to in article VII. 78, § 1, paragraph 2, § 2, 5 ° to 9 °, § 3, 1 ° to 7 °, 11 °, 13 ° and 14 °.
The judge may take something similar when the lender: 1 ° fails to comply with the particulars referred to in article VII. 78, § 2, 1 ° to 4 °, § 3, 8 ° to 10 °, 12 ° and 15 °;
2 ° did not comply with the obligations referred to in article VII. 77, § 1, paragraph 2.
The judge reduced the obligations of the person which is a maximum security to the amount borrowed, or the cash price when the lender fails to comply with the provisions contained in article VII.
109. in the case of a reduction in the obligations of the consumer, it retains the benefit of timing.
S.
VII. 196. The obligations of the consumer are reduced full price cash of the property or service, or the amount borrowed when: 1 ° the lender has agreed a contract of credit at a rate higher than the King fixed pursuant to article VII. 94;
2 ° the lender has failed or has contravened the provisions referred to in article VII. 95;
3 ° the assignment or even the assignment or subrogation of rights arising from a credit agreement took place contrary to the conditions laid down by article VII. 102;
4 ° a credit agreement concluded: has) by a lender authorized or non-registered in accordance with the legal or regulatory provisions applicable at the time of the granting of credit;
(b) by a lender who had previously renounced this registration or accreditation;
(c) through an intermediary of credit not registered in accordance with the legal or regulatory provisions applicable at the time of the granting of credit;
(d) by a lender whose accreditation or registration had been previously cancelled, revoked or suspended, or who had incurred a ban under article XV.67/3;
(e) through a credit intermediary whose registration had been previously cancelled or suspended, or who had incurred a ban under article XV.68;
5 ° the lender has failed or has breached the provisions of articles VII. 87. Article 1 shall not apply when the relevant lender is a credit institution, an electronic money institution, or a payment institution governed by the law of another EEA Member State, or a financial institution referred to in article 78 of the law of 22 March 1993, who is entitled under its national law to grant contracts of credit for consumption in the Member State of origin , and which exercises its activities in Belgium through the establishment of a branch or the free provision of services without that the formalities imposed for that purpose by the applicable European directives have been complied with.
In these cases the consumer retains the benefit of the timing of payments.
S. VII. 197.
The consumer may demand reimbursement of the amounts paid, plus the amount of statutory interest, if a payment has occurred despite the prohibition in articles VII. 79, VII. 90 and VII.
114, § 1, or that it took place in a transaction of mediation of debt prohibited in article VII. 115 s. VII. 198. When, despite the prohibition in article VII. 90, § 1, paragraph 1, the creditor or credit intermediary pays a sum or makes a supply of a good or of a service, the consumer is not required to return the sum paid, to pay the service or property delivered or render the latter.
S.
VII. 199. When penalties or damages and not provided by the present book are sought to the consumer or to a person who is a security, these are fully relieved of right.
In addition, if the judge considers that the penalties or damages agreed or implemented, particularly in the form of penalty clause, in the event of breach of the convention, are excessive or unjustified, it can automatically reduce or fully identify the consumer.
S.
VII. 200. In the event of non-compliance with the provisions referred to in articles VII. 106, § 4, VII. 86, §§ 2 to 4, and VII. 99, the consumer will be raised by right of interest and costs relating to the period covered by the offence.
If notwithstanding, the prohibition in article VII.
87, § 3, the consumer proceeded to the reconstitution of the capital's credit, it may require the immediate reimbursement of the reconstituted capital, including interest earned either the repayment of the credit, to a maximum of the reconstituted capital, including interest earned.
S. VII. 201.
Without prejudice to other sanctions under ordinary law, the judge can raise the consumer of all or part of the interests of delay and reduce its obligations to the spot price of the good or service, or to the amount borrowed when:

1 ° the lender has not fulfilled the obligations referred to in articles VII. 69, VII. 70, VII. 72, VII. 74, VII. 75 and VII. 77;
2 ° credit intermediary has not fulfilled the obligations referred to in articles VII. 69, § 1, paragraph 1, VII. 70, VII. 71, VII. 74, VII. 75 in VII. 112;
3 ° the formalities provided for in article VII.
76 concerning the conclusion of the credit agreement have not been complied with.
In these cases the consumer retains the benefit of the timing of payments.
S. VII. 202. The consumer is statement of interest for the portion of payments made prior to the supply of goods or the provision of the service in violation of article VII. 91, paragraphs 1 and 4.
S. VII. 203. The breach of the provisions of article VII. 84, paragraph 1, gives the consumer the right to request cancellation of the contract of sale or provision of service and require the seller or the service provider reimbursement of payments that it has already carried out.
S. VII. 204.
When the consumer has failed to communicate the information referred to in article VII. 69 or has provided false information, the judge may, without prejudice to the sanctions of common law, order the rescission of the contract in the wrongs of the consumer.
S. VII. 205. Those who, in violation of article VII.
88, signed a bill of Exchange or a promissory note or accepts a cheque in payment or as a guarantee of the total or partial repayment of the amount of is required to reimburse to the consumer the total cost of the credit to the consumer.
S. VII. 206. The person who constitutes a security interest, is discharged from any obligation if it has not received in advance a copy of the contract of credit in accordance with article VII. 109, § 1.
S. VII. 207. The recovery of the property tangible personal property made in contravention of the provisions of article VII. 108 results in the resolution of the credit agreement. The lender is required to reimburse all sums paid endeans 30 days.
S. VII. 208. No commission is due when the credit agreement is resolved, cancelled or subject to a forfeiture of the term and that the credit intermediary has not respected the provisions of article VII. 114 CHAPTER 3. -Mortgage credit art. VII. 209. § 1. If the lender fails to comply with obligations or prohibitions contained in Title 4, Chapter 2, or in its orders of execution, the consumer can repay the loan at any time and without compensation any dependant. If the consumer makes use of this right and it is not possible to determine the borrowing rate because the Constitution does not indicate what is required, the accruals are calculated at the legal rate.
The preceding paragraph does not apply where the lender proves that target non-compliance does not prejudice to the consumer.
§
2. The right referred to in paragraph 1 are without prejudice to other rights and remedies which the consumer may assert.
§ 3. Without prejudice to the sanctions of common law, the obligations of the borrower are reduced right to the amount borrowed when a credit agreement concluded: has) by a lender registered, registered or approved in accordance with the legal or regulatory provisions applicable at the time of the granting of the mortgage;
(b) by a lender who had previously renounced this registration, recording or approval;
(c) by a lender whose approval, registration or the registration had been previously withdrawn, cancelled, revoked or suspended, or who had incurred a ban under article XV.67/3;
(d) through a credit intermediary non-registered, or whose registration had been previously cancelled or suspended or who had incurred a ban under article XV.68.
In these cases, the borrower retains the benefit of the term and the timing of the rebate.

§ 4. Paragraph 3 shall not apply:-where the concerned lender is a credit governed by the law of another EEA Member State institution, or a financial institution referred to in article 78 of the law of 22 March 1993 which is entitled under its national law to grant contracts of mortgage in its home Member State, and which exercises its activities in Belgium through the establishment of a branch or the free provision of services without the formalities imposed for that purpose by the applicable European directives have been met;
-where the concerned intermediary is an intermediary in mortgage credit referred to in article VII. 183, § 2, and that the formalities imposed by the applicable EU directives have not been met.
S.
VII. 210. Are void of right: 1 ° the addition or the annexation of one contract other than referred to in articles VII. 125 and VII. 126;
2 ° the obligation to acquire securities in violation of article VII. 137;
3 ° the obligation to pay premiums or saving in breach of article VII. 138 s. VII. 211. If it is not complied with the obligation contained in article VII. 135, paragraph 1, the rights of the lender and the obligations of the consumer are reduced to the part of the capital actually paid in cash or in money.
S.
VII. 212. One who signed a bill of Exchange or a promissory note in representation of a mortgage or presents such an effect payment without complying with the provisions of article VII.
139, shall reimburse the consumer the accrued interest of the credit agreement.
S.
VII. 213. When, as a result of non-compliance with article VII. 140: 1 ° it is not possible to determine the amounts of payments damping, the consumer is not required to make such payments;
2 ° it is not possible to determine the periods and conditions in which periodic expenses, interest or reconstitutifs payments are due, the consumer is required to pay to the anniversaries of the credit.
S. VII. 214. When, as a result of non-compliance with article VII. 140, § 2, the obligations resulting from the addition are not indicated in the Assistant contract, it loses this character and the consumer is not required to no recovery.
CHAPTER 4. -Provisions Commons article VII. 215. On the expiry of a period of ten days of the pronouncement, the clerk of the Court or of the Court is to bring to the attention of the Minister any judgment or judgment which applies one or more civil or criminal sanctions.
The Registrar shall also notify without delay, the Minister of any appeal brought against such decision.
TITLE 6. -Consumer article disputes ADR VII. 216. A regulation extrajudicaire of financial services complaints is set up to help resolve disputes between on the one hand, a provider of payment services, a lender or an intermediary credit, and on the other hand, a consumer, by providing advice in the matter or by intervening as a mediator.
This service of mediation of financial services is an independent body meets the requirements laid down in article XVI.25 of the Code of economic law.
TITLE 7. -Provisions finals s.
VII. 217. The decrees established under articles VII. 3, VII. 57-VII. 59, VII. 64, VII. 90, § 1, paragraph 3, VII. 94, VII. 95, VII. 86, § 3, paragraph 2, VII. 101 and VII. 114, § 3 of this book are subject to the opinion of the Consumer Council by the Minister. The Minister sets the time limit in which the notice is delivered. After this period, the notice is no longer required.
S. VII.218. without prejudice to other consultation procedures prescribed by this book, the King shall exercise the powers conferred by articles VII.118, VII.120 and VII.122 after consultation with the Commission for the protection of privacy.
The Royal Decrees taken in pursuance of articles VII. 148, VII. 149, VII. 153 and VII. 154 are submitted by the Minister to the Council opinion of consumption, the Commission for the protection of privacy and of the Committee in support of the plant. The Minister sets the time limit in which the notice is delivered. After this period, the notice is no longer required.
S.
VII. 219. The King has powers to him by the provisions of articles VII. 3, VII. 64, VII. 86, § 3, paragraph 2, VII. 90, § 1, paragraph 3, VII. 94, VII. 95, VII.
101, VII. 120-VII. 122, on the joint proposal of the Ministers who have the economy and finance within their remit, after consultation with the Bank.
S. VII. 220. The orders for the implementation of Title 4, Chapter 4, are taken on the advice of the FSMA. "."
S. 4. in book XV, title 1, Chapter 2, of the Code of economic law, inserted a section 2, worded as follows: "Section 2. -Expertise in research and finding of infringements of the VII sub-section 1st book. -Provisions general article XV. 17. § 1. In the search and the finding of infringements of the provisions of Book VII and its implementation orders, officers referred to in article XV. 2 have the jurisdiction to approach the company posing as customers or potential customers, without having to communicate their quality and the fact that the findings on this occasion can be used for the exercise of supervision.
Are exempt from punishment the officers referred to in article XV. 2 who commit in this framework of offences absolutely necessary.
They can for this exercise the powers referred to in articles XV.3, 2 ° and XV.4.
The subjects covered by the findings can be caused within the meaning of article 30 of the preliminary title of the Code of criminal procedure.
This

competence can only be exercised if it is necessary for the exercise of supervision to see valid actual circumstances for usual or potential customers.
Except when the findings focus on the fulfilment of one or more provisions of Book VII, Title 4, Chapter 4, the agents referred to in article XV. 2 can draw up a warning ticket or a ticket or propose an administrative penalty relying inter alia on the findings made in accordance with the first subparagraph.
If a warning ticket, a ticket or an administrative penalty is based inter alia on the findings made in accordance with the first subparagraph, the company is notified in advance, either by the communication of a copy of the minutes of warning of the minutes, or at the latest one month before the beginning of the procedure for the imposition of an administrative penalty.
§ 2. The officers referred to in article XV. 2 are also competent to search for and find acts which, without being punishable, may be the subject of an action for injunction formed at the initiative of the Minister. The minutes drawn up in this connection are prima facie evidence to the contrary.
In the exercise of their functions, the agents referred to in paragraph 1 have the powers mentioned in article XV.3, 1 ° to 3 ° and 5 °.
S. XV. 18, § 1. When officials referred to article XV.2, find that a payment service provider or an electronic money issuer does not meet one or more provisions of Book VII, of Regulation (EC) no 924/2009 or articles 3 and 5 to 9 of Regulation (EU) No. 260/212, they communicate these findings to the Bank. The Bank examines whether and to what extent the sanctions of administrative law or other specific measures should be taken against the said provider or transmitter and, in accordance with the specific status of it.

§ 2. When the officials referred to in article XV.2 find that a lender or a credit intermediary does not respect one or several provisions of Book VII, Title 4, Chapter 4, they shall communicate this information to the FSMA so that it takes, if any, measures and/or pronounced the administrative penalties in this book.
Sub-section 2. -Skills of the FSMA art. XV.18/1. The FSMA ensures that each lender / credit intermediary operates in accordance with the provisions of Book VII, Title 4, Chapter 4 and of the orders and regulations made pursuant to these.
To this end, the FSMA can be communicate all information and documents relating to the Organization, the functioning, the situation and operations of lenders and credit intermediaries. It can also apply to central agencies to justify compliance with the obligations their obligations pursuant to articles VII.181 and VII.186, § 5, § 4.
It can conduct inspections on-site from lenders, intermediates credit and central agencies, and to hear and copy, without moving, any information held by the lender or intermediary, to verify compliance with the legal and regulatory provisions referred to in paragraph 1.
S. XV.18/2. Without prejudice to the legal provisions relating to the inviolability of the home and the protection of privacy, the FSMA may conduct any investigation, including the premises where the credit intermediary operates and in the seats and agencies lenders concerned, to check the veracity of the affidavit referred to in articles VII.181, § 3 and VII.186 , § 3.
S. XV.18/3. The FSMA may conduct audits on place in branches established in the European economic area of intermediaries, it is the Member State of origin, referred to in article VII.183, § 1. "."
S.
5. article XV. 31, the same Code, is supplemented by a paragraph 4 as follows: "§ § 4 4" This section is not applicable to infringements of the provisions of Book VII, Title 4, Chapter 4 "."
S. 6. in book XV, title 1, of the same Code, there shall be inserted a chapter 3/1 entitled "Chapter 3/1. The procedure of injunction and penalty".
S. 7. in Chapter 3/1, inserted by article 6 article be inserted a 31/3, as follows: "article XV.31/3.
§ 1. The FSMA may direct to a lender or a credit intermediary to comply with the provisions of Book VII, Title 4, Chapter 4, or regulations and orders taken for execution, within the time limit determined by the FSMA.
§ 2. Without prejudice to other measures provided for by this book or Book VII, Title 4, Chapter 4, if the person to whom it has addressed an injunction in application of § 1 remains in default to comply with the injunction at the expiration of the time allowed him, the FSMA may, the person could assert its means of defence : 1 ° to make public its position as to the offence or the failure in question. This publication costs are borne by the lender or by concerned credit intermediary;
2 ° impose the payment of a penalty that cannot be greater, in the case of lenders, to 5,000 euros per day of delay or total infringement, exceed EUR 50,000, in the case of intermediaries, to 500 euros per day of delay, or, in total, exceed EUR 25,000.

§ 3. In urgent cases, the FSMA may take the action described in the § 1, 2 °, without prior injunction, the person concerned could enforce its means of defence.

§ 4. Periodic penalty payments imposed pursuant to this section shall be recovered for the benefit of the Treasury by the Administration of the Cadastre, registration and domains. "."
S. 8. article XV.
33 of the Code, is supplemented by a paragraph, as follows: "the officers referred to article XV.2 and the National Bank of Belgium or the FSMA may agree, by common agreement, the practical modalities of cooperation in the areas which they shall determine, and which fall within their respective competences."
S. 9. in title 1, Chapter 4, of the same Code, there shall be inserted a section 2/1 entitled "Section 2/1. The provision of information in the context of Book VII, Title 4, Chapter 4 ".
S. 10. in section 2/1, inserted by article 9, it is inserted an article XV. 57/1, as follows: "article XV. 57/1. All information from the head of infringement of the provisions of Book VII, Title 4, Chapter 4 or any of the provisions referred to in article 19 of the law of 22 March 1993 on the status and control of credit, against a lender or a credit intermediary institutions, an effective leader or a head of distribution with a lender or a credit intermediary within the meaning of Book VII, Title 4, Chapter 4, and all information from the head of infringement of the provisions of this chapter against any other person or entity, should 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."
S. 11. in book XV, title 2, Chapter 2, of the same Code, there shall be inserted an article XV.66, worded as follows: "article XV. 66. Without prejudice to the measures provided for by this book, by Book VII, Title 4, Chapter 4 or by other laws or regulations, the FSMA may, where it finds a breach of the provisions of Book VII, Title 4, Chapter 4, or measures taken in pursuance thereof, impose an administrative fine which shall not be less than 2,500 euros to a lender , not more, for the same Act or to the same set of facts, to EUR 50 000.
It may, under the same conditions, impose an administrative fine which may not be less than EUR 500 or more, for the same Act or to the same set of facts, to EUR 25,000 to a credit intermediary.
The procedure provided for in articles 70 et seq. of Act of 2 August 2002 on the supervision of the financial sector and financial services is applicable.
The FSMA informs the FPS economy of the final sanctions imposed in accordance with the preceding paragraph.
The fines imposed pursuant to this section shall be recovered for the benefit of the Treasury by the Administration du Cadastre, registration and domains."
S.
12. in book XV, title 2 of the same Code, there shall be inserted a chapter 3 "Chapter 3. -Radiation and other remedial measures within the framework of Book VII, Title 4, Chapter 4 Section 1. -Radiation and other relief measures for lenders and intermediaries of credit under Belgian law art. XV. 67. The FSMA cancels by decision notified by registered letter to mail or with proof of receipt, the approval of lenders and the inclusion of credit intermediaries who have not begun their activities for the approval or registration obtained within six months of the approval or the registration, which renounce, who were declared bankrupt or ceased to carry on business.
S. XV. 67/1. § 1. When the FSMA finds that a lender does not work in accordance with the provisions of Book VII, Title 4, Chapter 4, and the orders and regulations for its execution, it identifies these shortcomings and lays down the period within which it must be remedied to the observed situation.
If, at the end of this period, it has not remedied the situation, the FSMA may: 1 ° appoint a special Commissioner.
In this case, General or special of it written permission is required for all decisions and acts

all organs of the lender, including the General Assembly, and for those persons responsible for the management; the FSMA may, however, limit the scope of the operations subject to authorisation.
The special Commissioner may submit to the deliberation of all the organs of the lender, including the General Assembly, all proposals which it considers relevant. The remuneration of the special Commissioner is set by the FSMA and supported by the lender.
The members of the bodies of administration and management and management personnel who carry out acts or take decisions without obtaining the required permission from the special Commissioner are responsible for jointly for the prejudice resulting to the lender or third parties.
If the FSMA has published in the Moniteur belge the appointment of Commissioner ad hoc and specified the acts and decisions subject to authorization, the acts and decisions made without this permission was required are void, unless the special Commissioner not ratifying. Under the same conditions any decision of General Assembly taken without obtaining the required permission from the special Commissioner is void, unless the special Commissioner ratifies.
The FSMA may designate a Deputy Commissioner;
2 ° suspend for the duration that it determines the exercise direct or indirect of any part of the activity of the lender or prohibit this exercise.
The members of the bodies of administration and management and management personnel who carry out acts or making decisions in violation of the suspension or ban are responsible for jointly for the prejudice resulting to the lender or third parties.
If the FSMA has published the suspension or prohibition to the Moniteur belge, the acts and decisions intervened against it are void;
3 ° require the replacement of directors or managers of the lender within a period which it shall determine, and, in the absence of such a replacement within this period, override all of the organs of administration and management of the lender one or several directors or interim managers who have, singly or collectively as appropriate, powers of replaced individuals. The FSMA publishes its decision in the Moniteur belge.
The remuneration of the Administrators or interim managers is fixed by the FSMA and supported by the lender.
The FSMA may at any time replace the Administrators or interim managers, either ex officio or at the request of a majority of shareholders or associated when they justify that interested parties management no longer has the necessary guarantees;
4 ° withdraw the approval.
In an extreme emergency, the FSMA may adopt the measures referred to in the preceding paragraph without having a period of adjustment laid down in advance.
§ 2. The decisions of the FSMA referred to the § 1 sortissent their effects to the lender their notification to it by registered letter at the post office or with acknowledgement of receipt and against third parties from the date of their publication in accordance with the provisions of § 1.
§ 3. The § 1, 1st paragraph and § 2 shall not apply in the event of cancellation of a bankrupt lender approval.
§ 4. The commercial court decision at the request of any interested party, planned nullity in the § 1, paragraph 2, 1 ° and 2 °.
The action in nullity is directed against the lender. If are serious reasons, the applicant for invalidity may seek interim provisional suspension of the acts or decisions attacked. The suspension order and the judgment declaring the nullity have effect with respect to all. In the case where the Act or suspended or cancelled decision were the subject of a publication, the suspension order and the judgment declaring the nullity are published in extract in the same forms.
Where invalidity is liable to infringe the rights acquired in good faith by a third party to the lender, the Court may declare void the nullity with respect to these rights, subject to the right of the plaintiff to damages if there is place.
Nullification proceedings may not be initiated after the expiry of a period of six months from the date on which acts or decisions made are enforceable against the person alleging nullity or are known to him.
§ 5. When the FPS economy indicated the FSMA by a reasoned notification, after hearing the interested party, that a lender has violated or infringed severely the provisions of Book VII or the orders and regulations for its execution, other than those of Title 4, Chapter 4, the FSMA cancels ex officio the approval of the lender without further review of the record on the bottom.
The FSMA forthwith the FPS economy reached radiation.

§ 6. When the lender is a credit institution, an insurance undertaking, an electronic money institution or a payment institution, the FSMA maintains the Bank informed of the decisions which it takes pursuant to paragraph 1, paragraph 2, 1 °, 2 ° and 4 °.
When the FSMA intends to take the measure referred to in paragraph 1, subparagraph 2, 3 ° with respect to these same institutions, the procedure referred to in article 36A, §§ 3 and 4 of the Act of 2 August 2002 on the supervision of the financial sector and financial services is applicable.

§ 7. Lenders whose accreditation has been cancelled or revoked under sections XV.67 and XV.67/1 remain subject to Book VII and the orders and regulations for execution until the complete extinction of obligations arising out of Book VII, unless the FSMA does in exempt certain provisions where appropriate on the advice of the FPS economy.
S. XV. 67/2. § 1.
When the FSMA finds that a credit intermediary does not work in accordance with the provisions of Book VII, Title 4, Chapter 4, and the orders and regulations for its execution, it identifies these shortcomings and lays down the period within which it must be remedied to the observed situation.
It can ban for the duration of this time limit the exercise of any or part of the activity of the credit intermediary and suspend the registration in the register.
If, at the end of this period, the FSMA finds that deficiencies have not been remedied, it shall cancel the registration of the credit intermediary.
The radiation causes the prohibition to exercise the regulated activity and to use the title.
In the event of extreme urgency, the FSMA may adopt the measures referred to in this paragraph without the need a period of adjustment laid down in advance.
§ 2. The decisions of the FSMA referred to the § 1 sortissent their effects with respect to credit their notification through to it by registered letter with acknowledgement of receipt or mail.

§ 3. When the FPS economy indicated the FSMA by a reasoned notification, after hearing the individual, intermediate credit quwun has violated or infringed severely the provisions of Book VII or the orders and regulations for its execution, other than those of Title 4, Chapter 4, the FSMA cancels ex officio registration of the intermediary for credit without a new examination of the case on the merits.
The FSMA forthwith the FPS economy reached radiation.
§ 4. Where the FSMA finds that it is put an end to the collaboration between a lender and a tied agent, or a credit intermediary and a subagent, it cancels the agent or the relevant subagent from the register where he was registered, after having warned it beforehand.
Section 2. -Radiation and other relief measures for lenders to foreign law.
S. XV. 67/3. § 1. Without prejudice to article 75, § 5 of the law of 22 March 1993 on status and control of credit institutions, where the FSMA finds that a lender of foreign law registered in accordance with article VII. 174, § 4, does not conform the provisions of Book VII, Title 4, Chapter 4, which are applicable or when the FPS economy indicated the FSMA by a reasoned notification, after having heard the person concerned, that such lender has violated or infringed severely the provisions of Book VII or the orders and regulations for its execution, other than those of Title 4 , Chapter 4, the FSMA puts the lender notice of remedy within the time specified, the observed situation.
It shall inform the competent authority of the Member State of origin of the lender.
In case of persistence, at the end of this period, deficiencies referred to in paragraph 1, the FSMA may, without prejudice to article 75, § 4, of the law of 22 March 1993, and after notifying the supervisory authority referred to in paragraph 1, take any measure appropriate against this lender, and in particular, forbid him to continue an activity of lender and where appropriate, intermediate credit in Belgium. This decision is notified to the lender by registered letter to the post, a copy being sent to the National Bank of Belgium and the FPS economy.
When the lender is a credit institution, the European Commission and the authority European banking are informed without delay of the measures taken pursuant to the preceding paragraph.
§ 2.
Without prejudice to article 75, § 5, of the law of 22 March 1993, when the FPS economy indicated the FSMA by a reasoned notification, after hearing the interested party, that a lender of foreign law registered in accordance with article VII. 174, § 4, does not conform to the provisions of general interest other the Book VII, which are applicable, the FSMA shall inform the competent authority of the Member State of origin of the lender.
If, despite the measures taken by the competent authority

of the Member State of origin or because of the inadequacy of these measures, the relevant lender continues to act in a manner that is clearly prejudicial to the interests of consumers in Belgium, the FSMA may, after informing the competent authority of the home Member State, take any measure appropriate against this lender, and in particular, forbid him to continue an activity of lender and where appropriate, intermediate credit in Belgium. This decision is notified to the lender by registered letter to the post, a copy being sent to the National Bank of Belgium and the FPS economy.
When the lender is a credit institution, the European Commission and the authority European banking are informed without delay of the measures taken pursuant to the preceding paragraph.
S.
XV. 67/4. Articles XV.67 and XV.67/1 are applicable to other lenders to foreign law referred to in article VII. 176 section 3. -Radiation and other relief measures for intermediaries in mortgage credit from foreign law art. XV.68. § 1.
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, § 5, FSMA puts this intermediate notice of remedy within the time specified, the observed situation. It shall inform the competent authority of the Member State of origin of this intermediate.
In case of persistence, at the end of this period, deficiencies referred to in paragraph 1, the FSMA can, after notifying the supervisory authority referred to in paragraph 1, take any appropriate against this intermediate measure, and, in particular, forbid him to continue the activity of intermediary mortgage in Belgium. This decision is notified to the intermediary by registered mail, a copy of it being addressed in the FPS economy. The European Commission is informed without delay of the measures taken pursuant to this paragraph.
§ 2. When the FPS economy informed the FSMA by a reasoned notification, after hearing the interested party, that a foreign law mortgage intermediary referred to in article VII. 183, § 2, does not comply with the provisions of general interest, others Book VII which are applicable, the FSMA informs the competent authority of the Member State of origin of this intermediate and it asks to take the appropriate measures.

§ 3. When the authority of the State of origin of this intermediate is not measures within a period of one month from the receipt of the communication of the FSMA or if, in spite of the measures taken by the authority of the Member State of origin, continuing through acting in a manner that is clearly prejudicial to the interests of consumers in Belgium or the proper functioning of markets , the FSMA may: 1 ° after informing the authority of the home Member State, take all appropriate measures needed to protect consumers and preserve the smooth functioning of markets, including by prohibiting, on Belgian territory, any new operation of the intermediate offence. The European Commission and the European banking authority shall be informed without delay of such measures;
2 ° grasp the European banking authority and request its assistance in respect of article 19 of Regulation (EU) no 1093/2010. In this case, the European banking authority may act in accordance with the powers conferred by that article. "."
S. 13. in book XV, title 3, Chapter 2, of the same Code, there shall be inserted a section 5, worded as follows: "Section 5. -The penalties relating to offences in Book VII s. XV. 87. Shall be punished by a penalty at level 3, those of bad faith, committing a breach of the provisions: 1 ° of articles VII. 57-VII. 59;
2 ° of articles VII. 64 in VII. 66 related to advertising;
3 ° of article VII.123, § 1.
S. XV. 88. Shall be punished by a penalty of level 4, those who commit an offence under the provisions: 1 ° of article VII. 149, § 1, relating to the obligation to consult the Central;
2 ° of article VII. 149, § 2, on the submission to the Central and orders made pursuant to this article;
3 ° of article VII. 153, § 2, relating to the use of the information provided;
4 ° of article VII. 153, § 2, paragraphs 3 and 4, relating to the data of central credit intermediary may be obtained.
S. XV. 89. Shall be punished by a penalty of level 5, those who commit an offence under the provisions: 1 ° of articles VII. 7, VII. 8 and VII. 9, relating to requirements for information for payment operations isolated;
2 ° of articles VII. 12 and VII. 13 relating to the information requirements of contracts for services payment and article VII. 15, relating to the access to information and the conditions of the framework contract;
3 ° of article VII. 15, relating to the modification of the conditions of the framework contract;
4 ° of article VII. 16, relating to the termination of the framework contract and its consequences;
5 ° of articles VII.
17, VII. 18 and VII. 19, relating to the information requirements for individual payment transactions in the context of the framework contract.
6 ° of article VII. 20 concerning the information requirements for low amounts of payment instruments and electronic money;
7 ° of article VII. 22 pertaining to requirements for information for additional costs or discounts for the use of a given payment instrument;
8 ° of article VII. 24, relating to the cost of information;
9 ° of article VII. 27 on the authorisation of payment and article VII.28 operations, relating to the domiciliation;
10 ° of article VII. 31 on the payment service provider obligations related to payment instruments;
11 ° of articles VII. 35 and VII. 36, §§ 1-3, relating to the total and shared responsibility of the service provider's payment in the case of unauthorised payment transactions;
12 ° of articles VII. 37, § 1 and VII. 38, § 1, relating to refunds for payment transactions initiated by or through the payee;
13 articles VII °. 39 and VII. 40, relating to the reception and the refusal of payment orders by the payment service provider;
14 ° of article VII. 42 concerning the amounts transferred and received and the levy of fees;
15 ° of articles VII. 44-VII. 47, concerning the execution time and the date value of payment transactions;
16 articles VII °. 49-VII. 51 relating to the responsibility of the service provider's payment for the breach or faulty execution of the payment transaction;
17 ° of article VII. 55, §§ 1 and 2, relating to the fees applied by the service provider of payment and of article VII. 55, § 3, relating to additional costs or discounts for the use of a given payment instrument applied by the beneficiary;
18 ° of article VII. 56 on the requirements and responsibility relating to low amounts of payment instruments and electronic money;
19 ° of Regulation (EC) no 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the community and repealing Regulation (EC) No 2560/2001;
20 ° of articles VII. 60 to VII. 62 relating to the activity of issuing electronic money, the repayability of electronic money and the prohibition to grant interests;
21 ° of articles 3 and 5 to 9 of Regulation (EU) No. 260/2012 of the European Parliament and of the Council of March 14, 2012 establishing technical and commercial requirements for transfers and payments in euro and amending Regulation (EC) no 924/2009.
This penalty is not applicable to the payment service user who is acting as a consumer.
S.
XV. 90. Shall be punished by a penalty of level 5, those who: 1 ° as a lender contravenes the provisions of article VII. 95, §§ 1, 2, or 3;
2 ° make sign blank or predate offers, requests for credit or credit agreements covered by Book VII;
3 ° practice an annual percentage rate or a debtor rate that exceeds the maximum referred to in article VII. 94 and fixed by the King;
4 ° using one of the abusive clauses referred to in articles VII. 84 to 89 VII and VII. 105 or which contravene article VII. 108;
5 ° make sign a contract of credit consumption, a bill of Exchange or a promissory note as payment or contract security, or accept a cheque as security for the total or partial repayment of the sum due;
6 ° are signed by the consumer or any other person an assignment referred to in article VII. 89, § 1, or to articles 27 to 35 of the Act of 12 April 1965 on the protection of the remuneration of the workers, whose terms do not respect the provisions of these articles;
7 ° asking an any payment or compensation apart from the cases provided for in Book VII;
8 ° to the extent where this is prohibited by article VII. 115, acting as a mediator of debts;
9 ° contravene the provisions of articles VII. 67, relating to the solicitation.
10 ° contravene the provisions of article VII. 112, § 1, relating to credit intermediation;
11 ° in contravention of the provisions of article VII. 69 as a lender or credit intermediary asked knowingly to the consumer or to a person who is an authorized, inaccurate or incomplete information security;
12 ° as a lender or credit intermediary do not provide to the consumer

the SECCI referred to in section VII. 70 and VII. 71, or who knowingly, in contravention of articles VII. 74-VII. 75, do not provide the information best suited or not search credit best suited;
13 ° contravene the provisions of article VII. 68 relating to promotional offers;
14 ° do not respect the obligation to furnish the documents referred to in articles VII. 99 in VII. 106, § 4;
15 ° as a lender contravenes the provisions of articles VII. 78, VII. 81 and VII. 109, § 2;
16 ° in contravention of the provisions of article VII. 77, § 2, paragraph 1, as a lender, knowingly enter into a credit agreement which they must reasonably estimate that consumer will not be able to fulfil the obligations arising therefrom;
17 ° contravene articles VII. 117-VII. 122;
18 ° contravene articles VII. 125, VII. 126, § 2, VII. 137, VII. 138, VII. 143;
19 ° those who do sign a bill of Exchange or a promissory note in representation of a mortgage or have such an effect payment without complying with the provisions of article VII. 139 s. XV.91. are punished by a sanction of level 5: 1 ° those who carry on the business of lender without obtaining the approval or the registration referred to in article VII.160, § 6, and VII.174, § 4;
2 ° those who carry on the business of credit intermediary without obtaining the registration provided for in articles VII.180 and VII.184 or without the object, if necessary, a regular in any other jurisdiction of the European economic area notification;
3 ° those who engaged in the activity of credit intermediary activities, in contravention of article VII.159, with lenders that are not approved or registered in accordance with article VII.160, § 5, and VII.174, § 4;
4 ° those who pass in addition to a suspension, a prohibition, cancellation or revocation given pursuant to articles XV.67, XV.67/1, XV.67/2, XV.67/3 and XV.68.
5 ° those who continue to exert, in law or in fact, of the functions of leader effective with a lender while the FSMA has estimated that they did not have the required professional repute and appropriate expertise to assume their tasks, leader or workforce with an intermediary credit or with a lender or a credit intermediary distribution manager While the FSMA felt that they lacked sufficient ability and a professional repute for their tasks;
6 ° the creditor or credit intermediary who instructs a person employed to offer credit contracts so that it does not meet the conditions laid down by articles VII.180, § 2, 2 ° and 3 °, VII.183, § 5, 3 ° and VII.184, § 1, 3 °;
7 ° the lender who accepts a credit agreement presented through a credit not registered in accordance with articles VII.182, § 3, and VII.188, § 3;
8 ° the lender who offers an agency contract to an intermediary for credit not registered in accordance with articles VII.182, § 3, and VII.188, § 3;
"9 ° those who disregard the provisions of articles VII.159, § 1, VII.180, § 3, and VII.184," § § 2 2
S. 14. in book XV, title 3, Chapter 2, section 12, of the same Code, there shall be inserted an article XV.126, worded as follows: "article XV.126/1. Are punished by a sanction of level 4 those who put obstacles in the investigations which they submitted pursuant to the provisions of articles XV.18/1 XV.18/3 in Belgium or abroad, or who knowingly provide false, inaccurate or incomplete information, documents or parts.
Any new offence as referred to in the paragraph 1 committed until five years have elapsed since the completion of the sentence or the prescription thereof for the same offence, is punishable by a sanction of the level 5."
S. 15. in book XV, title 3, Chapter 3, of the same Code, there shall be inserted a section 1, worded as follows: "Section 1st. Ban permanent or temporary practice regulated operations"art. 16. in the 1st section, inserted by section 15, it is inserted an article XV. 127, as follows: "the judge may order the permanent or temporary prohibition to practice, even for the account of others, operations regulated by Book VII title 4, Chapter 1."
S. 17. in article XV.130, of the same Code, the words "VII, Title 4, Chapter 1" are inserted between the words "and the books" and "VIII and IX the '.
S. 18. in article XV.131, of the same Code, the words "VII, Title 4, Chapter 1" are inserted between the words "books VI", and the words "VIII, XIV, and IX the '.
S. 19. in article XV.131/1, of the Code, the words "or a violation of section XV. 91 are inserted between the words "for an infringement of title 3, Chapter 2, section 8" and the words ", the courts and tribunals may".
CHAPTER III. -Provisions amending art.
20. in the mortgage law of December 16, 1851, it is inserted a section 4 as follows: "Section 4. -Mortgages for all are art. 81bis. § 1. A mortgage can be incorporated for safety of future receivables, provided that at the time of the constitution of the safety, secured claims are determined or determinable; his rank is fixed on the day of registration, without regard to the eras in which secured claims arise.

§ 2. If a mortgage is for safety of future receivables which could arise for an indefinite period or for security of debts arising from a contract, the person against which such a mortgage is registered or the third party holder of the of the mortgage may at any time terminate the mortgage, with a notice of at least three months and six months maximum which notice is sent to the creditor by registered mail with acknowledgement of receipt letter. The notice period shall commence on the date of the acknowledgement of receipt.
With respect to future receivables, termination is that the mortgage guarantees more than secured claims that exist at the expiration of the period of notice. As for indeterminate contracts, remain guaranteed by the mortgage, the only claims arising from the execution of these contracts that exist upon expiry of the notice period.
One who cancels the mortgage may require the creditor shall notify in writing the inventory of claims still guaranteed at the end of the period of notice."
S. 21. in the mortgage law of December 16, 1851, it is inserted a section 5, worded as follows: "Section 5. -Transfers of preferred and mortgage debts s.
81ter. This section shall apply to all claims secured by a mortgage, to debts for which was stipulated a law to require a mortgage guarantee, including a mortgage mandate or a promise of mortgage as well as all claims secured by a lien on immovable property.
S. 81quater. § 1. When a claim referred to in article 81ter is transferred or given in pledge by or to an institution or, as appropriate, or by a special heritage or a compartment of an institution which, at the time of the assignment or implementation pledge: 1 ° is an agency of mobilization within the meaning of article 2 of the law of August 3, 2012 on measures to facilitate the mobilization of debts in the financial sector , or 2 ° is a Belgian credit, including, where appropriate, a heritage special of a credit institution issuing of covered bonds Belgian within the meaning of the law of 22 March 1993 on the legal status and control of credit institutions, or 3 ° is a financial institution within the meaning of article 3, 12 ° of the law on financial collateral , articles 5 and 92, paragraph 3, do not apply to this transfer or this pawning. The assignor or the pledgor of the claim is required to provide, at the request of third parties, the necessary information as to the identity of the transferee or pledgee.
§ 2. An advance under a credit opening of privileged or mortgage or a line of credit stipulated with the right to require a mortgage guarantee, including a mortgage term or mortgage commitment may be transferred.
In the case referred to in the preceding paragraph, the assignee also privileges and securities which guarantee the opening of credit and, unless otherwise agreed between the assignor and the assignee, rights to require a mortgage, regardless of the amount remains owing pursuant to the credit opening take. Assigned advance is paid by priority to advances under the line of credit after the assignment or subrogation.
Advances made before or on the date of the assignment are paid at a rank equal to advances transferred, unless the assignor and the assignee have agreed on another regulation of rank or subordination. Article 5 does not apply to such a regulation of rank or such subordination. Such regulation of rank or one such subordination cannot prejudice the rights acquired by third parties before the date of the transfer or, where appropriate, before the date of the regulation of rank and subordination, including the rights of the assignee or the creditor pledgee of existing claims relating to cash advances that have been previously sold or put pledge , without the express permission of these third parties.
The right to the use of the credit opening is suspended to the extent of the amount of transferred advance or object of subrogation outstanding by the consumer. The assignor may at any time require to be informed by the assignee of the amount

referred to in the preceding paragraph due rest.
§ 3. Without prejudice to article 92, paragraph 2, of the Act of consent to cancellation or reduction is accompanied by a certified copy or a certified compliant literal extract of the deed of assignment.
§ 4. Unless otherwise agreed, a mortgage established for existing and future, determined or determinable debts based on the description of guarantees contained in the deed of hypothec, claims also guarantees right claims that fit this description and previously sold by the lender to an institution, in a compartment of an institution or a special heritage , as referred in the § 1, provided that this transfer has not yet been notified to the consumer nor recognized by the consumer at the time of the constitution of the mortgage.
Paragraph 1 also applies to assigned receivables which, at the time of the transfer, are not guaranteed by a mortgage, a lien upon property or a right to require a mortgage guarantee, including a mortgage term or mortgage commitment.
S. 81quinquies. in the case where a same mortgage whether or not as part of a credit opening guarantees several claims of which one is transferred to an institution or a compartment of an institution, as provided for in article 81quater, § 1, the assigned receivable is paid by priority over claims arising after the date of the assignment.
Claims arising before or on the date of the assignment are paid at a rank of the assigned receivables, unless the assignor and the assignee have agreed on another regulation of rank or subordination. Article 5 does not apply to such a regulation of rank or such subordination. Such a regulation of rank or such subordination cannot prejudice the rights acquired by third parties before the date of the transfer or, where appropriate, before the date of the regulation of rank and subordination, including the rights of the assignee or the creditor pledgee of existing debts which have been previously surrendered or taken pledge , without the express permission of these third parties.
S.
81sexies. § 1. A mortgage mandate is, unless otherwise, expressly stated in the terms of reference, under consideration of right as stipulated for the benefit of the successors in title universal or particular holder of the secured claim, including the assignees of the debt.
A promise of mortgage is, unless otherwise express, reporting of right as stipulated for the benefit of the successors in title universal or particular holder of the secured claim, including the assignees of the debt.
§ 2. When a receivable is assigned pursuant to article 81quater, § 1, unless otherwise agreed between the assignor and the assignee, the assignee acquires the rights enjoyed by the transferor in respect of mortgage mandate or promise of a mortgage. Unless otherwise agreed between the assignor and the assignee, the assignee may exercise these rights with respect to the principal and to the agents referred to in the mandate or in respect of those who have provided the promise of mortgage. On the basis of the mandate or the promise of mortgage, the mortgage can be incorporated for the benefit of the assignee until the or the principal (s) and the debtor of the assigned obligations have knowledge of the assignment.
§ 3. When one or more receivables secured by a mortgage mandate or mortgage commitment, prior to the constitution of the mortgage, transferred to an institution, in a compartment of an institution or a special heritage, as referred to in article 81quater, § 1, the mortgage which is constituted in fulfillment of the mandate or the promise of mortgage guarantees, unless otherwise agreed between the assignor and the assignee not only existing and future of the transferor claims described in the mortgage, but also guarantees right claims which have been previously transferred by the transferor to the transferee.
The mortgage may, at the choice, be registered, either to the name of the transferor, or on behalf of the assignor and the assignee, or the name of the transferee. Regardless of the choice of the mode of registration, the assignee has the mortgage rights to competition from la (s) claim (s) which has (have) been transferred (s) and it can exercise these rights who agrees the mortgage and to third parties.
§
4. When a mortgage is made in execution of a mortgage or a mortgage promise, the assigned receivables before or after the establishment of the mortgage to an institution, a heritage special or a compartment of an institution as referred to in article 81quater, § 1, are paid by preference over claims arising after the date of the transfer and without distinction as to the fact that the claim between or not as part of a credit opening. Claims which arose before or on the date of the transfer are paid by rank of the assigned receivables, unless the assignor and the assignee have agreed on another regulation of rank or subordination.
Article 5 does not apply to the rules of rank or subordination under this subsection.
Such a regulation of rank or such subordination cannot prejudice the rights acquired by third parties prior to the date of the assignment, or where applicable prior to the date of rank regulations or subordination, including the rights of the assignee or the creditor pledgee of existing debts which were previously transferred or put pledge , without the express permission of these third parties.
S.
81septies. when in lieu of a mortgage term, a promise of a mortgage or an existing mortgage, a new mortgage mandate, a new promise of a mortgage is voluntary (e) or a new mortgage is made, such a mortgage mandate, such a mortgage promise such a mortgage, will be rightfully deemed to (e), unless otherwise agreed between the assignor and the assignee, or between the pledgor and the pledgee , and to the same extent that these existing security, voluntary (e) or is (e), for the benefit of the assignee or pledgee of claims guaranteed by the existing mortgage mandate, the promise of existing mortgage or the existing mortgage and which have been surrendered or put in pledge, prior to replacement, or by an institution, a special heritage or a compartment of institution, as referred to in article 81quater , § 1.
S.
81octies. § 1. When a receivable that was transferred to an institution, a special heritage or a compartment of an institution as referred to in article 81quater, § 1, is transferred by this institution, this special heritage or compartment of an institution: 1 ° the assignee also acquires the rights that the institution, special heritage or compartment rubbed off pursuant to sections 81ter to 81septies, including the rights that relate to the privileges , mortgages, promises of mortgages and mortgage terms or mortgages constituted a warrant or promise of a mortgage;
2 ° the debt still maintains its position determined on the basis of articles 81quinquies and 81sexies, § 4, unless otherwise provided in the transfer agreement.
Article 5 does not apply to such a regulation of rank or such subordination.
§
2. When a claim is pledged for the benefit of or by an institution, a special heritage or a compartment of an institution as referred to in article 81quater, § 1: 1 ° the pledge extends, unless otherwise provided in the Act of guarantee to the rights of the pledgor in regards to the mortgage mandate, the promise of mortgage or mortgage under the mortgage mandate or the promise of mortgage;
2 ° the pledgee may, unless otherwise provided in the deed of pledge, exercise in respect of third parties, of principal and agents listed in the warrant as well as one that provided the promise of mortgage, the rights of the pledgor for the mortgage mandate or the promise of mortgage or mortgage under the mortgage mandate or the promise of mortgage pledged in his favour. The mortgage may, at the choice, be registered, either in the name of the grantor of the pledge, either on behalf of the grantor of the pledge and the assignor which gave the debt to the grantor of the pledge, or the name of the transferor of the debt.
S.
81nonies. in the event that a receivable incorporated into a big mortgage to bearer or to order is transferred or pledged for the benefit of or by an institution, a special heritage or a compartment of an institution, within the meaning of article 81quater, § 1, the provisions of articles 81ter to 81octies inclusive apply to this transfer or this pawning without endorsement or a discount of the title to the assignee or pledgee is necessary.
S. 81decies. § 1. Registration of a claim in accordance with article 64/20 of the law of 22 March 1993 on the legal status and control of credit institutions or the cancellation of a debt due to the register for a reinvestment in the heritage of the issuing of covered bonds Belgian for which institution register is required, is Treaty (e) in the same way as an assignment of those receivables for the purposes of the provisions of articles 81quater to 81nonies. Special heritage has then the assignee in case of registration quality and the quality of assignor in the case of removal from the register.
§ 2. If there is a removal from the register for any assignment

receivable to another assignee that a credit-issuer of covered Belgian bonds for which the register is kept, the provisions of sections 81quater to 81nonies shall apply to the transfer to the transferee and the radiation is a simple act on this transfer execution.
S.
81undecies. without prejudice to article 31 of the law of 22 March 1993 on the legal status and control of credit institutions, an assignment referred to in article 81ter, as part of a merger, absorption or Division of companies or in the context of the contribution or the sale of all or a part of the mortgage or the whole or a part of the portfolio of such claims by a lender is enforceable against all third parties by its publication in the Moniteur belge by the care of the FSMA.
» Art. 22. in article VI.52, § 2, of the Code of economic law "without prejudice to article 24, paragraphs 1 and 2 of the consumer credit Act of 12 June 1991" shall be replaced by the words "without prejudice to article VII. 92, paragraphs 1 and 2, "."
S.
23. article VI.58, § 2, of the Code, is replaced by the following: "3 ° to contracts of mortgage subject to Book VII, Title 4, Chapter 2".
S. 24. in article VI.66 of the Code 4 is replaced by the following: ' 4 ° credit agreements subject to Book VII consumption, Title 4, Chapter 1. ".
S. 25. in article 2 of the law 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, as last amended by the programme act of 29 March 2012, the following changes are made: 1 14 ° ° is repealed;
2 16 ° ° is replaced by the following: "16 ° the lender within the meaning of article I.9, 34 °, of book I of the Code of economic law.".
S. (26. in article 3, § 2, 4), Act of 22 March 1993 on the status and control of the credit institutions, amended as last amended by the Act of November 27, 2012, the words "Act of December 21, 2009 the status of payment institutions, the access to the activity of payment service provider and access payment systems and other legislation insofar as they are related to the status of institutions of" "payment and money electronic institutions" shall be replaced by the words "law of December 21, 2009 relating to the status of settlements of payment and electronic money institutions, the access to the activity of service provider payment, access to payment systems and the activity of issuing electronic money.".
S. 27. in the law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance, as last amended by the Act of July 30, 2013, it is inserted an article 4bis, as follows: "article 4A. If insurance companies have knowledge elements that could cast doubt on the compliance of the conditions of registration laid down in this Act in the head of an intermediary in insurance or reinsurance whereby they employ or have appealed, they communicate without delay these elements to the FSMA.
The same communication is made if they have knowledge that someone presents itself as an insurance or reinsurance intermediary without being registered in the register provided by this Act. "."
S. 28 A article 10, paragraph 1, of the Act, the following amendments are made: 1 3 ° ° is supplemented by the following: "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. ";
2 ° paragraph is supplemented by 9 ° as follows: "9 ° communicate to the FSMA one address professional electronic mail to which the FSMA has the ability to properly address all communications, individual or collective, that it operates in pursuance of this Act.".
S.
29. article 10bis of the Act is supplemented by the following subparagraph: "the persons referred to in 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 have actually held the power to manage the company declared bankrupt. "."
S.
30. article 13quater, of the same Act is supplemented by a paragraph worded as follows: "The FSMA may validly notify the decisions referred to in the previous paragraph using preprinted forms, coated with a signature reproduced by a mechanographical process.".
S. 31. article 15 of the same Act is supplemented by a § 4, as follows: "§ § 4 4" All information from the head of offence under this Act or any of the provisions referred to in article 19 of the law of 22 March 1993 on the legal status and control of credit institutions, against an insurance or reinsurance intermediary, a senior manager with such an intermediate, or a head of distribution from such an agent or from a regulated utility for the purposes of this Act, and any information of count under this Act against any other person or entity, should 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."
S. 32. in article 36/8 of the law of 22 February 1998 establishing the Organic Statute of the National Bank of Belgium, inserted by the royal decree of 3 March 2011 implementing the evolution of the structures of supervision of the financial sector, paragraph 1 is replaced by the following: "§ 1." The sanction Commission decides on the imposition of administrative fines and periodic penalty payments provided for by the laws applicable to institutions it controls as well as the imposition of administrative fines and periodic penalty payments provided for in articles 50/1 and 50/2 of the law of December 21, 2009 relating to the status of payment institutions and electronic money institutions, the access to the activity of payment service provider the activity of issuing electronic money and payment systems access. "."
S. 33. in article 36/14, § 1, of the Act, as amended by the law of November 27, 2012, 17 ° is replaced by the following: "17 ° to agents commissioned by the Minister who as part of their mission referred to in article XV." 2 of the Code of economic law are competent to search and found violations of the provisions of article XV. 89, 1 ° to 18 °, 20 ° and 21 ° of the Code of economic law. "."
S.
(34. at article 45, § 1, 2 °, of the Act of 2 August 2002 on the supervision of the financial sector and financial services, as last amended by the Act of July 30, 2013, the following changes are made: 1 ° c) is repealed;
2 ° a point h) is added, as follows: "lenders and intermediaries of credit referred to in Book VII, Title 4, Chapter 4 of the Code of economic law".
S. 35 A section 75, § 1, 13 °, of the Act, the words "and for the mortgage credit control" are added between the words "consumption" and "the market practices".
S. 36A article 86bis, § 1, paragraph 1, 1 ° of the Act, inserted by the Act of July 30, 2013, the words "mortgage company" are replaced by the words "lender, credit intermediary".
S. 37 A section 86ter of the Act, inserted by the Act of July 30, 2013, the following changes are made: 1 ° paragraph 2 is repealed;
2 ° in paragraph 3, the words "paragraphs 1 and 2" shall be replaced by the words "paragraph 1".
S.
38. article 8, paragraph 1, of the law of 22 March 2006 on intermediation in banking and investment services and the distribution of financial instruments, as amended by the Act of July 30, 2013, is supplemented by a 12 °, as follows: "12 ° 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. "."
S. 39. article 10, § 4, of the Act is supplemented by two paragraphs worded as follows: "If the principal is aware of items that can be questioned compliance with the conditions of registration laid down in this Act in the head of one of its agents or another intermediary in banking services and investment which it uses or appealed, it shall immediately send these items to the FSMA.
The same communication is made by the regulated firms if they have knowledge that someone presents itself as an intermediary in banking services and investment without being registered in the register provided by this Act. "."
S.
40. article 20 of the Act is supplemented by a paragraph as follows:

"The FSMA may validly to notify the decisions referred to in the previous paragraph using preprinted forms, coated with a signature reproduced by a mechanographical process.".
S. 41. section 21 of the Act is completed by a § 4, as follows: "§ § 4 4" Any information the Chief of contravention of this Act or any of the provisions referred to in article 19 of the law of 22 March 1993 on the status and control of the credit institutions, against an intermediary in banking services and investment or a person responsible for the effective management within such an agent, 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."
S. 42. article 4 of the Act of December 21, 2009 relating to the status of payment institutions and electronic money institutions, the access to the activity of service provider payment, the activity of issuing electronic money and access to payment systems, as amended by the Act of November 27, 2012 is complemented by the 39 ° to 42 ° written as follows
: "39 °"transfer": payment service provided by the provider of payment service which holds the account of payment of a payer, to credit, on the basis of an instruction by the payer, the payment account of a beneficiary by an operation or a series of payment transactions, carried out from the payer's payment account;"
40 ° "Regulation (EU) No. 260/2012": Regulation (EU) No. 260/2012 of the European Parliament and of the Council of March 14, 2012 establishing technical and commercial requirements for transfers and payments in euro and amending Regulation (EC) no 924/2009;
41 ° "retail payment system": a system of payment that is not a system of payment of amount whose main purpose is to treat, compensate or adjust transfers or debits mainly of a low amount and little urgent which are usually grouped for transmission;
42 ° "operator": the entity or entities legally responsible for the operation of a system. "."
S.
43. in article 43, § 2, paragraph 1, 3 °, of the Act, as amended by the Act of July 28, 2011, the words "periodic reports or" are repealed.
S. 44. the heading of title 3 of book 2 of the Act is replaced by the following: "title 3. -Access to payment in Belgium and interoperability systems".
S. 45. in title 3 of book 2 of the same Act, it is inserted an article 49/1, as follows: "Article 49/1. When they carry out transfers of direct debit, payment service providers shall take the necessary steps to use the schemas for payment meeting the conditions laid down in article 4.1. of Regulation (EU) no 260/2012 '."
S. 46. in title 3 of book 2 of the same Act, it is inserted an article 49/2, as follows: "Article 49/2. The operator of a retail payment system established in Belgium or, in the absence of operator, system audit participants, shall ensure that their system is interoperable with other systems of payment within the Union, in accordance with the provisions laid down in article 4.2 and 4.3 of the Regulation (EU) No. 260 / 2012 '. "
S.
47. in section 50 of the Act, subsection 4 is repealed. .
S. 48. in Title 4 of book 2 of the same Act, it is inserted an article 50/1, as follows: "Article 50/1.
Without prejudice to the other measures provided for in this Act or other laws, orders or regulations, the measures and sanctions provided for in article 50, paragraphs 1 to 3 may be taken against payment service providers which contravene article 49/1."
S.
49. in Title 4 of book 2 of the Act, there shall be inserted an article 50/2, as follows;
Article 50/2. § 1. Following sanctions and measures can be taken against the operator of a system of payment established in Belgium who contravenes article 49/2: a) the Bank may set a time limit in which the operator must comply with the provisions laid down in article 49/2 and make the adjustments that are needed.
(b) if the operator remains in default to comply with article 49/2 at the end of the period, the Bank can, the operator heard or any the less convened, impose a penalty at the rate of a maximum of 2,500,000 euros per offence and maximum 50,000 euros per day of delay;
(c) the Bank may publish that the operator did not comply with injunctions that were made to comply within the time limit which it shall determine the provisions laid down in article 49/2;
(d) without prejudice to other measures provided for by this Act and without prejudice to the measures provided for by other laws, orders or regulations, the Bank may, where it finds a contravention of article 49/2 or the measures taken in implementation of this provision, impose an administrative fine which shall not be less than 2,500 euros or more, for the same Act or to the same set of facts to the operator , to 2,500,000 euros.

§ 2. In the absence of operator, the measures and penalties provided for in paragraph 1 may be taken against the participants in the payment system of retail in Belgium. "."
S.
50. in Title 4 of book 2 of the same Act, it is inserted an article 50/3, as follows: "Article 50/3. The penalties and fines imposed pursuant to articles 50, paragraphs 2 and 3, 50/1 and 50/2 are collected for the benefit of the Treasury by the administration within the Federal Public Service finance jurisdiction non-tax recoveries. "."
S. 51. in article 95, § 2, paragraph 1, 3 °, of the same Act, inserted by the law of November 27, 2012, the words "periodic reports or" are repealed.
S. 52. in section 105, § 1, paragraph 1, of the Act, inserted by the Act of November 27, 2012, the words "in sections 1 to 3 of the chapter I of title 2" are repealed.
CHAPTER IV. -Provisions repealing art.
53 are repealed: 1 ° order royal No. 225, 7 January 1936 regulating mortgages and organizing control mortgage lending companies. The royal decree shall continue to apply to current credit agreements;
2 ° Act of 12 June 1991 on consumer credit;
3 ° Act of 4 August 1992 on mortgage credit;
(4) the Act of 10 August 2001 central credit to individuals;
5 ° the law of 24 March 2003 introducing a basic banking service;
(6) the law of matter to payment services, December 10, 2009;
7 ° Chapter 20 of the royal decree of 3 March 2011 implementing the evolution of the structures of supervision of the financial sector, confirmed by article 298 of the law of August 3, 2012.
Chapter V. - Provisions transitional art. 54 § 1. The regulatory arrangements in pursuance of the Act of 12 June 1991 relating to the consumer credit, by Act of 4 August 1992 on mortgage credit, the Act of August 10, 2001 the Central of Credits to individuals and the law of 24 March 2003 introducing a basic banking service remain in effect until their repeal.
Infringements of the provisions of orders made pursuant to the laws referred to in paragraph 1 are sought, found and punished in accordance with the XV and XVII of the Code of economic law books.
§ 2. For the purposes of the provisions of the Code of economic law, as inserted by the Act, the current mandates, as part of a direct debit, shall remain valid until their termination or revision. Changes in the management of domiciliation following amendments to management contracts concluded between the payment service providers concerned and, where applicable, the beneficiary shall be binding on the payer through compliance with the dwinformation requirements and the possibility of termination of the domicile in accordance with the procedures referred to in article VII. 15, § 1, as inserted by the Act in the Code of economic law.
§ 3. The provisions relating to the registration of persons who constitute a security as referred to in article VII. 148 and the entries in the security agreement, referred to in article VII. 109, such as inserted by this law in economic law, are only required for new contracts from the date to be determined by the King in a decree deliberated in the Council of Ministers after the opinion of the Committee in support of the central credit to individuals.
§ 4. The mortgage lenders which, at the date of entry into force of Book VII, Title 4, Chapter 4, are registered by the FSMA as mortgage firms in accordance with article 43 of the law of 4 August 1992 on mortgage credit, receive ex officio provisional approval allowing them to continue the pursuit of their activity.
The consumer credit lenders which, at the date of entry into force of Book VII, Title 4, Chapter 4, are regularly approved by the Minister of the economy in accordance with article 74 of the consumer credit Act of 12 June 1991, receive ex officio provisional approval allowing them to continue the pursuit of their activity.
Within one month of the entry into force of Chapter 4 supra, the FPS economy transmits to the FSMA list of lenders referred to in the preceding paragraph.
The

intermediate consumer credit which, at the date of entry into force of Book VII, Title 4, Chapter 4, exercise the activity of intermediation in credit for consumption for at least one year and who are regularly registered with the FPS economy in accordance with the consumer credit Act of 12 June 1991, 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 at least a year, are temporarily allowed to continue this activity.
§ 5. Persons referred to in paragraph 4 are however required to solicit the FSMA a final accreditation as a lender, or as an intermediate recordal within 18 months of the entry into force of Book VII, Title 4, Chapter 4.
Or file an application for the approval or registration, or to obtain such approval or registration within the period prescribed in the preceding paragraph, the provisional approval or the provisional authorisation referred to in paragraph 4 cease ipso jure.
§ 6. The records existing at the date of entry into force of Book VII, Title 4, Chapter 4, by mortgage lenders in accordance with article 43bis of Act of 4 August 1992 on mortgage credit and lenders in consumer credit in accordance with section 75 of the consumer credit Act of 12 June 1991 remain valid.
Within one month of the entry into force of Book VII, Title 4, Chapter 4, the FPS economy transmits to the FSMA a list of lenders in consumer credit registered pursuant to section 75 of the consumer credit Act of 12 June 1991.
The FSMA publishes on its website the list of lenders in mortgage credit and in consumer credit lenders registered by application of the first paragraph, lenders referred to in this paragraph, however, are required to seek approval from their contract models with the FPS economy within 18 months of the entry into force of Book VII, Title 4 Chapter 4.
§ 7. As long as the King did not force Book VII, Title 4, Chapter 4, sections 74 to 79, 101, § 1, 1 ° and 2 °, and 106-108 of the law of 12 June 1991 on credit consumption, and articles 39 to 44 of the Act of 4 August 1992 on mortgage credit, remain in force.
§
8. During the period of provisional accreditation, provisional registration, provisional lwautorisation, and during the period referred in paragraph 6, paragraph 4, article VII.174 of Book VII, Title 4, Chapter 4, section XV.67/1, § 5, article XV.67/2, paragraph 3, and article XV.67/3 book XV, Chapter 3, shall apply to lenders and intermediaries concerned. In addition, article VII. 171 of Book VII, Title 4, Chapter 4, is applicable to the lenders.
CHAPTER VI. -Assignment of jurisdiction art.
55. the laws and orders of existing execution that make reference to the provisions referred to in article 53 are presumed to refer to the equivalent provisions of the Code of economic law, as that inserted by this Act.
S. 56. the King may replace references in laws or existing orders to the provisions referred to in article 47 by references to the equivalent provisions of the Code of economic law, such as ' inserted by this Act.
S. 57. the King can coordinate the provisions of the Code of economic law, as that inserted by this law, with provisions that would have expressly or implicitly modified at the time where the coordination will be established.
To this end it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology without that it can be infringed the principles embodied in these provisions.
CHAPTER VII. -Entry into force art. 58. the King fixed the entry into force of each of the provisions of this Act and each of the provisions inserted by this law in economic law.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, April 19, 2014.
PHILIPPE by the King: the Minister of the economy and consumers, J. VANDE LANOTTE Finance Minister K. GARG, the Minister of Justice, Ms. A. TURTELBOOM Minister of the Middle Classes, Ms. S. LARUELLE seal of the State seal: the Minister of Justice, Mrs A.
TURTELBOOM _ Note House of representatives: (www.lachambre.be) Documents: 53-3429-2013/2014 full record: 26 and 27 March 2014.
Senate: (www.senate.be) Documents: 5-2817-2013/2014.

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