Law On Insurance (1)

Original Language Title: Loi relative aux assurances (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011239&caller=list&article_lang=F&row_id=700&numero=795&pub_date=2014-04-30&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-04-30 Numac: 2014011239 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy 4 April 2014. -Law on insurance (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: part 1. -General provisions Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this Act provides partial transposition of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the access to the activities of insurance and reinsurance (Solvency II) exercise.
Object arts.
3. this Act is designed to protect the rights of policyholders, insured persons, beneficiaries and all third parties with an interest in the execution of insurance contracts and, to this end:-set the conditions and rules that are intended to ensure honest, fair and professional stakeholders treatment and which are applicable to the activity of insurers;
-to determine the rules of information in the offer and the conclusion of a contract of insurance and during the term of this agreement;
-to stop the rules relating to advertising and disclosure in the case of marketing in Belgium;
-to impose rules of information and other rules in regards to pricing, segmentation, and participation in the benefits;
-to establish, having regard to the principle of the execution in good faith of contracts, conditions and rules that organise the contractual relationship between the insurer, the policyholder and, where appropriate, the insured and/or the beneficiary;
-to establish conditions for access to the activity of intermediation in insurance and reinsurance, the exercise of this activity and the distribution of insurance, so that the rules governing the information of the public in this area; and - to organize control of compliance with these rules.
Scope art. 4 § 1.
The obligations to which insurers are subject under this Act are, in accordance with article 3 and without prejudice to the limitations of the scope established by law, applicable to the following entities:-Belgian insurers;
-foreign insurers which have an establishment in Belgium; -foreign insurers carrying on activities of insurance in Belgium without being established.
Enterprises carrying on only the business of reinsurance, without operating direct insurance, whether by themselves or through an institution, are subject to the provisions of articles 262, § 2, 263, paragraph 2 and 270, § 4, 2 °, last paragraph, as well as the rules on the control and penalty provisions, set out respectively in part 7 and part 8.
§ 2. The obligations which insurance intermediaries or reinsurance intermediaries are subject under this Act, are applicable to insurance intermediaries and reinsurance intermediaries which the Member State of origin is the Belgium or who perform their activity in Belgium.
The Belgium is deemed to be the Member State of origin of an insurance or reinsurance if intermediate a) the insurance or reinsurance intermediary having the status of natural person is resident in Belgium and carries on its activities;
(b) the insurance or reinsurance intermediary having the status of legal person has its headquarters in Belgium.
§ 3. The King may, for the implementation of obligations arising for Belgium in treaties or international agreements, provide, by Decree deliberated in the Council of Ministers, the insurers or foreign insurance intermediaries of all or part of the obligations resulting from this Act; in this case, the King may, on notice of the FSMA, specify the rules and conditions are subjected to these people.
§ 4.
To take into account the specific features of this form of insurance, the King may, by Decree deliberated in Council of Ministers, on the advice of the FSMA and the CMO, provide mutual companies referred to in articles 43bis, § 5, and 70, §§ 6, 7 and 8, of the law of 6 August 1990 on mutual societies and national unions of mutual societies, of the application of one or several provisions of this Act and clarify the rules that apply to them in location and place.
§
5. This law is also applicable to mutual insurance associations. In order to take account of the peculiarities of this form of insurance, the King may, however, on advice of the FSMA, determine the provisions of this Act which are not applicable to them and lay down rules according to which other provisions are. The King stopped in this case, on notice of the FSMA, the rules and special conditions to which are subject these associations.
§ 6. The King may, on the advice of the FSMA, waive the application of all or part of this Act, cooperative societies which restrict their business of insurance to the commune of their headquarters or the municipality and neighbouring communes and who meet additional conditions to be fixed. The fixed King, on notice of the FSMA, rules and special terms which are subject these companies.
§ 7. This Act is not applicable to the following companies: 1 ° mutual societies which are recognized under the law of June 23, 1894, and which are not covered by the Act on August 6, 1990;
2 ° the mutual societies, national unions of mutual insurance companies and mutual companies covered by the law of 6 August 1990 supra that cannot offer insurance and services referred to in article 3, paragraph 1, b) and (c)), of this Act meet each of the requirements of article 67, paragraph 1, of the law of 26 April 2010 on various provisions employment insurance disease (I);
3 ° the institutions for occupational retirement provision covered by the law of 27 October 2006 on control of institutions for occupational retirement provision;
4 ° the pooled private fixed bonuses and public institutions with respect to the transactions contemplated by the laws relating to the pension plan and survival of workers, employees, miners, sailors and the self-employed;
5 ° provided that they are not subject to this Act for other operations, the companies engaged in an activity of assistance that meets the following conditions: a) assistance shall be provided on the occasion of an accident or breakdown involving a road vehicle when the accident or failure occurs in the territory of the Member State or the country of origin of the undertaking which grants the cover.
(b) the undertaking in respect of assistance is limited to the following: i. troubleshooting onsite, where the company uses, in most circumstances, its staff and equipment clean;
II. the conveyance of the vehicle to the nearest or most appropriate repair place where the repair can be carried out and the possible accompaniment, normally by the same means of assistance, of the driver and passengers to the nearest location from where they may continue their journey by other means.
In the cases referred to 5 °, point b), i. and ii., the condition that the accident or breakdown occurred on the territory of the Member State or the country of origin of the undertaking which grants the cover shall not apply when the company is an organization of which the beneficiary is a member and the troubleshooting or the conveyance of the vehicle is made, simple presentation of membership card , without payment of additional premium by a similar body in the country concerned on the basis of a reciprocal agreement.
§ 8. By way of derogation from the provisions of paragraph 7, the King may, by Decree deliberated in the Council of Ministers, taken on the advice of the FSMA, submit the entities referred to in paragraph 7, 1 °, 3 °, 4 ° and 5 °, to the application of all or part of this Act.
§ 9. The provisions of this Act shall apply, to the extent of special modalities to be set by the King, on the advice of the FSMA, to public institutions engaged in insurance activities and rules.
§ 10. The King may exempt insurers from the application of all or part of this Act with respect to the following insurance: 1 ° relating to transport or industrial or commercial risk insurance;
2 ° insurance regarding risks special or exceptional that it determines;
3 ° the reinsurance and co-insurance operations that it determines.
On the advice of the FSMA, the King may lay down special rules relating to the obligations and the control of these insurers.
Definitions art.
5. for the purposes of this Act and its orders and regulations, it has to be understood, unless explicitly stated otherwise, by: 1 ° "insurer": any person or company offering as a Contracting Party to subscribe one or more contracts of insurance, regardless of the professional quality of this person and that use is made of actuarial techniques at the conclusion of the contract;
2 ° "Belgian insurer": any person or company that meets the definition of insurer and whose head office is located in Belgium.
3 ° "EEA insurer": any person or company that meets the definition of insurer and whose headquarters is located in a State member of the EEA, other than the Belgium;
4 ° "foreign insurer": any person or company that meets the definition of insurer and whose head office is located outside Belgium;

5 ° "insurer of a third country": any person or company that meets the definition of insurer and whose head office is located outside the EEA;
6 ° 'Belgian insurance undertaking': a business of insurance whose main headquarters is located in Belgium and who got Bank approval for the pursuit of activities of insurance or which, under the established regime in Belgium pursuant to article 4 of the Directive 2009/138/EC, is authorized to carry out activities of insurance in Belgium without having an authorisation;
7 ° 'EEA insurance company': a business of insurance whose main headquarters is located in a Member State of the EEA, other than the Belgium, and received, in accordance with the legislation of its Member State of origin, authorized to carry on insurance activities;
8 ° 'foreign insurance undertaking': a business of insurance whose main headquarters is located outside Belgium;
9 ° "a third country insurance undertaking": an insurance including headquarters company is located outside the EEA;
10 ° "approval": the approval issued by the competent authorities, in accordance with the legislation of the Member State of origin, with a view to the exercise of activities of insurance within the meaning of article 14 of Directive 2009/138/EC;
11 ° "insurance of the group activities"non-life"": all operations on risks that fall within the Group of activities "life" as determined in the annex to the royal decree of 22 February 1991 on the general regulation on the control of insurance undertakings, or falling branches of insurance such as listed in the annex, point A, of Directive 73/239 / EEC of 24 July 1973 on the coordination of the legislative provisions regulatory and administrative access to the activity of direct insurance other than life, and pursuit, or in annex I, part A, of Directive 2009/138/EC;
12 ° "the Group of activities insurance"life"": all operations relating to risks that fall within the Group of activities 'life' as determined in the annex to the royal decree of 22 February 1991 on the general regulation on the control of insurance undertakings, or falling branches of such life insurance as referred to in annex I to Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance , or in annex II of Directive 2009/138/EC;
13 ° "capitalization operation": an operation based on an actuarial, whereby, in Exchange for one-time payments or periodic fixed in advance, one party, the insurer, makes to another party, the lessee of the capitalization operation, commitments determined in duration and amount and independent of any random event any;
14 ° "contract of insurance": a contract under which, subject to the payment of a premium fixed or variable, one party, the insurer, is committed to another party, the policyholder, to provide delivery stipulated in the contract should occur an uncertain event that, according to the case, the insured or the beneficiary, has an interest in not realizing. For the purposes of this Act and its orders and regulations, contracts relating to capitalization operations are considered as insurance contracts. For these operations, the words "policy-holder" shall be understood as "lessee of a capitalization operation";
15 ° "insurance": insurance in which the insurance benefit depends on an uncertain event that causes damage to the heritage of a person;
16 ° "insurance": insurance in which the insurance benefit or bonus depends on an uncertain event that affects the life, physical integrity or the family status of a person. For the purposes of this Act and its orders and regulations, capital redemption operations are also considered as insurance of persons. However, in the absence of risk insured in capitalization operations, articles 58, 59, 60, 61, 62, 63, 64, § 2, point 6 °, and § 3, 69, 70, 71, 72, 74, 75, 76, 79, 80, 81, 84, § 2, 86, 87, 159 and 200, as well as Chapter 3 of title II of part 4 are not applicable to these operations;
17 ° "insured": has) in damage insurance: the person guaranteed by insurance heritage losses;
(b) in insurance of persons: the person on the head of which is the risk of occurrence of the event insured. In an operation of capitalization, there's not insured;
18 ° "beneficiary": the person to whom are stipulated insurance benefits;
19 ° "premium": any kind of compensation requested by the insurer in return for commitments;
20 ° "insurance intermediary": any natural or legal person having the status of self-employed within the meaning of the legislation social and carrying activities of intermediation in insurance, even on an occasional basis, or having access to this activity;
21 ° "reinsurance intermediary": any natural or legal person having the status of self-employed within the meaning of the legislation social and speaking in intermediation activities in reinsurance, even on an occasional basis, or gaining access to this activity;
22 ° "establishment": main office or branch office of a company or person;
23 ° "headquarters": in the case of a legal person, the actual seat and, in the case of a natural person, business centre;
24 ° "branch": any agency or branch of an undertaking which is established in one country other than the country of origin; is said to be a branch any permanent presence of an undertaking, even if this presence has not taken the form of a branch or agency, but is exercised by means of a simple office run by the own personnel of the enterprise, or an independent person but mandated to act permanently for the undertaking as an agency;
25 ° "EEA": the European economic area;
26 ° 'Member State': a State which is a member of the EEA.
27 ° 'third countries': a State which is not a member of the EEA;
28 ° "free provision of services": the activity whereby an EEA insurance company covers risks or makes commitments in another Member State, from its headquarters or a branch situated in another Member State. Insofar as this is consistent with the Belgian legislation on the subject, this cette notion concept also covers the activity by which a company of a third country insurance covers risks or makes commitments in Belgium, from its headquarters or a branch situated in another country;
29 ° "Home Member State": one of the following Member States: has) concerning the activities group insurance "life", the Member State in which is situated the Head Office of the insurer that covers the risk;
b) concerning insurance of the group activities 'life', the Member State in which is situated the headquarters of the insurer that takes commitment.
30 ° 'country of origin': one of the following countries: has) concerning the activities group insurance "life", the country in which is situated the Head Office of the insurer that covers the risk;
b) concerning insurance of the group activities 'life', the country in which is situated the Head Office of the insurer that takes commitment.
31 ° 'Host Member State': the Member State, other than the country or the Member State of origin, in which an insurer has a branch or provides services; for insurance of the group the Group of activities and activities 'life' "non-life", is meant by the Member State of provision of services, respectively, the Member State of the commitment or the Member State where the risk is situated, where such commitment or risk is covered by an insurer or a branch situated in another Member;
32 ° 'Member State where the risk is situated': one of the following Member States: a) the Member State where the goods are located when the insurance relates either to buildings, or to buildings and their contents, insofar as it is covered by the same insurance policy.
b) the Member State of registration, where the insurance relates to vehicles of any kind;
(c) the State Member where the policyholder agrees the police, if it is a contract of a duration not exceeding four months, matter of risks incurred during a trip or a vacation, whatever the branch concerned;
d) in all cases not explicitly covered by points a., b. or c., the Member State where one of the following is situated: i. the habitual residence of the policyholder; or (ii). If the policyholder is a legal person, the establishment of the policyholder to which the contract relates;
33 ° "Member State of the commitment ': the Member State where one of the following is situated: a) the habitual residence of the policyholder;
b) if the policyholder is a legal person, the establishment of the policyholder to which the contract relates;
34 ° "competent authorities": the national authorities empowered by an act or regulation, to control insurance companies and/or activity of insurers with regard to the protection of policyholders, policyholders, beneficiaries and any third party having an interest in the execution of the insurance contract;
35 ° "Minister": the Minister who has the assurances in his or her attributions;

36 ° "the Bank": the National Bank of Belgium, referred to in the law of 22 February 1998 establishing the Organic Statute of the National Bank of Belgium. For mutual societies referred to in articles 43bis, § 5, and 70, §§ 6, 7 and 8 of the law of 6 August 1990 on mutual societies and the national unions of mutual societies, the words "the Bank" contained in articles 5, point 6 °, 17 and 41 shall be read as "CMO";
37 ° "FSMA": the authority of financial markets and services referred to in article 44 of the law of 2 August 2002 on the supervision of the financial sector and financial services;
38 ° "CMO": the Office of control of mutual societies and national unions of mutual societies, referred to in article 49 of the law of 6 August 1990 on mutual societies and the national unions of mutual societies;
39 ° 'large risks': has) risk falling branches 4, 5, 6, 7, 11 and 12 of annex Ire of the royal decree of 22 February 1991 on the general regulation on the control of insurance undertakings, or classified under classes 4, 5, 6, 7, 11 and 12 of the annex, point (A) of Directive 73/239 / EEC of 24 July 1973 on the coordination of the legislative provisions regulatory and administrative access to the activity of direct insurance other than life, and pursuit, and insurance under classes 4, 5, 6, 7, 11 and 12 of annex I, part A, of Directive 2009/138/EC;
b) risk falling branches 14 and 15 of annex I to the royal decree of 22 February 1991 on the general regulation on the control of insurance undertakings, or classified under classes 14 and 15 of the annex, point (A) of Directive 73/239 / EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the business of direct insurance other than life assurance , and its exercise, or under classes 14 and 15 of annex I, part A, to Directive 2009/138/EC, where the policyholder carries on a professional basis an industrial, commercial, business or profession and the risks are relative to this activity;
c) risk falling branches 3, 8, 9, 10, 13 and 16 of the annex to the royal decree of 22 February 1991 on the general regulation on the control of insurance undertakings, or classified under classes 3, 8, 9, 10, 13 and 16 of the annex, point (A) of Directive 73/239 / EEC of 24 July 1973 on the coordination of the legislative provisions regulatory and administrative access to the activity of direct insurance other than life, and pursuit, and insurance under classes 3, 8, 9, 10, 13 and 16 of annex I, part A, of Directive 2009/138/EC, provided that the policy-holder exceeds the limits of at least two of the following criteria: i. a total balance sheet of 6.200.000 euros;
II. a net amount of turnover, within the meaning of the Fourth Directive 78/660 / EEC of 25 July 1978 based on article 54, paragraph 3, point g) of the Treaty, concerning the annual accounts of certain types of companies, of 12.800.000 euros;
III. a number of 250 employees on average during the year.
If the policyholder is part of a body of undertakings for which consolidated accounts are drawn up in accordance with Directive 83/349 / EEC, the criteria set out in paragraph 1, point c), are applied on the basis of the consolidated accounts;
40 ° "reinsurance undertaking": an undertaking as defined in article 82, 3 °, of the law of February 16, 2009 on reinsurance;
41 ° "the law of 2 August 2002": Act of 2 August 2002 on the supervision of the financial sector and financial services;
42 ° "the law of 9 July 1975": Act of 9 July 1975 on the control of insurance undertakings;
43 ° 'Directive 2002/92/EC': Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation;
44 ° 'Directive 2009/138/EC': Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the access to the activities of insurance and reinsurance (Solvency II) exercise;
45 ° 'Directive 2009/65/EC': Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS);
46 ° "insurance mediation": any activity consisting in providing advice on insurance contracts, to submit or to offer insurance contracts or to achieve some other preparatory work to their conclusion to conclude them, or contribute to their management and their implementation;
are not considered to be an insurance mediation:-the activities carried out by an insurance undertaking or an employee of an insurance undertaking who is acting under the responsibility of the latter;
-the activities to provide information on an occasional basis in the context of another professional activity provided that these activities are not intended to help the customer conclude or perform a contract of insurance, management, professional title of claims of an insurance undertaking or estimation and liquidation of claims activities;
47 ° "Board": the provision of personal recommendations to a client, either at his request, either at the initiative of the insurance intermediary in relation to one or more contract (s) of insurance;
48 ° "personalized recommendation": a recommendation that is made as appropriate to that person, or is based on consideration of the circumstances of that person in relation to one or more contract (s) of insurance.
A recommendation shall not be deemed to custom if it is exclusively distributed by distribution channels within the meaning of article 2, paragraph 1, 26 °, of the law of 2 August 2002, or is intended for the public;
49 ° "reinsurance mediation": any activity consisting to present or offer reinsurance contracts or carry out other preparatory work at their conclusion to conclude them, or contribute to their management and their implementation;
are not considered to be a reinsurance mediation:-the activities carried out by a reinsurance undertaking or an employee of a reinsurance undertaking who is acting under the responsibility of the latter;
-consisting of activities to provide information on an occasional basis in the context of another professional activity provided that these activities are not intended to help the customer conclude or perform a contract of reinsurance, management, professionally, claims of a reinsurance undertaking or estimation and liquidation of claims activities;
50 ° "retail client": a retail customer within the meaning of article 2, paragraph 1, 29 °, of the law of 2 August 2002.
S. 6 § 1. For the purposes of this Act and its orders and regulations with respect to insurance of the group activities "non-life", the risk is deemed to be located in Belgium when: has) property located in Belgium, in the case of an insurance either buildings or to buildings and their contents, insofar as it is covered by the same insurance policy.
(b) the registration is done in Belgium, in the case of an insurance for vehicles of any kind;
(c) the policyholder agrees the police in Belgium, if it is a contract of a duration less than or equal to four months, in the matter of risks incurred during a trip or a vacation, whatever the concerned branch;
(d) in all cases not explicitly covered by points a), b) or (c) one of the following items is located in Belgium: i. the habitual residence of the policyholder; or (ii). If the policyholder is a legal person, the establishment of the policyholder to which the contract relates.
§ 2. For the purposes of this Act and its orders and regulations with respect to insurance of the group activities 'life', the commitment shall be deemed to be located in Belgium when: has) the habitual residence of the policyholder is located in Belgium.
(b) the establishment of the policyholder who is a legal person and to which the contract relates, is situated in Belgium.
§ 3. For the purposes of this Act, the "policyholder" shall be understood as the "buyer candidate of insurance" if it comes to pre-contractual obligations.
§ 4. For the purposes of this Act, is meant by "insurance undertaking" each of the following companies:-a Belgian insurance company.
-an EEA insurance undertaking;
-a foreign insurance undertaking that is not an insurance undertaking of EEA and who got Bank permission legally required to carry insurance in Belgium by means of branch activities;
-an insurance company of a third country which fulfils all legal requirements for activities in Belgium under the regime of the free provision of services.
§ 5. For the purposes of this Act, an "insurer authorized under the Act to carry out activities of insurance in Belgium" shall mean one of the following insurers:- either a Belgian insurance company.
- either an EEA insurance undertaking;
- either a foreign insurance undertaking that is not an insurance undertaking of EEA and who got Bank permission legally required to carry insurance in Belgium by means of branch activities;
- either a

insurance company of a third country which fulfils all legal requirements for activities in Belgium under the regime of the free provision of services;
- or one insurer, other than the previous ones, which, where appropriate, on the basis of the legislation which applies it, has complied with the legally required procedures for activities of insurance in Belgium.
PART 2. -SPECIFIC provisions regarding the exercise of activities title I.
-Provisions general article 7. this part shall not affect the obligations arising, for insurance companies, the law of 9 July 1975, the Act of 10 April 1971 on work accidents and the Act of 3 July 1967 on the prevention and repair of damage resulting from occupational accidents, accidents occurring on the way to work and occupational diseases in the public sector.
S. 8. insurance contracts which are concluded by an insurer not authorized under the Act to carry out activities of insurance in Belgium, are void. For foreign insurers, this sanction of nullity is limited to contracts relating to risks and commitments located in Belgium.
However, the insurer is obliged to fulfil the obligations it has assumed if the policyholder has purchased in good faith. Notwithstanding any contrary provision against the policyholder, the insured or the beneficiary, the insurer is also given to the repair of the damage caused by the nullity of the contract concerned on the part of the policyholder, the insured or the beneficiary. The damage is presumed, irrevocably, result from the illegal conclusion of a contract of insurance by an insurer not authorized under the Act to carry out activities of insurance in Belgium.
S. 9. the Belgian insurers away from their statutes anything prejudicial to policyholders of insurance, insured persons, beneficiaries and third parties having an interest in the execution of the insurance contract.
S. 10. the statutes of the Belgian mutual insurance associations must mention on pain of nullity - the conditions and mode of admission, resignation and exclusion of members;
-mode of fixation and recovery of contributions or premiums and possible supplements for the settlement of claims;
-the procedure to be followed in the event of changes in the statutes or liquidation of the association, without prejudice to the provisions of this part.
S. 11. on the accounts of members, the statutes of the Belgian mutual insurance associations have: has) that it is possible to perform payments from these accounts to members only in so far as this is not down the elements of capital requirements below the required level, or, after dissolution of the undertaking, if all other debts have been settled;
b) that the Bank is notified at least one month in advance of any payment made to purposes other than the individual termination of membership, and that it can prohibit the payment within that period.
S. 12 § 1.
Belgian insurance undertakings communicate to the FSMA at least three weeks before the meeting of the General Assembly or, in his absence, the decision-making body of the company, the proposed amendments to the statutes, as well as the projects of decisions that they propose to take in this meeting and which are likely to have an impact on the rights and obligations of policyholders insured persons, beneficiaries and third parties with an interest in the execution of insurance contracts.
The FSMA may require that the observations she makes on these projects are brought on such terms as it shall determine, to the attention of the General Assembly or, in his absence, the decision-making body of the company. These comments and responses that are made must be included in the minutes.
§ 2. The provisions of the statutes of the Belgian mutual insurance associations dealing with the criteria referred to in article 11 cannot be modified after the FSMA said not to oppose the amendment.
S. 13. the Belgian insurers and foreign insurers other than EEA insurance undertakings communicate to the FSMA in the month following their approval by the General Assembly or, in his absence, by the decision-making body, the changes to the statutes and decisions which may have an impact on the rights and obligations of the policyholders, insured persons, beneficiaries and third parties having an interest in the execution of insurance contracts.
The FSMA is opposed within the maximum period of one month from the date where it had knowledge, the implementation in Belgium of all changes or decisions referred to in the preceding paragraph, which violate the provisions of this Act or of its orders and regulations.
S. 14. Belgian insurers must retain all records relating to insurance contracts which they have subscribed. Foreign insurers other than EEA insurance undertakings must keep all records relating to contracts concluded by their Belgian institution, or relating to contracts whose risk or commitment is located in Belgium.
Belgian insurers retain these documents at their headquarters and foreign insurers at the Belgian headquarters of their branches, or in any other place previously approved by the FSMA and the Bank.
Photographic copies, FPM, magnetic, electronic or optical documents held by Belgian insurers and foreign insurers other than EEA insurance undertakings are authentic as the originals, which they are presumed, unless evidence to the contrary, to be a faithful copy when they have been established by one of these insurers or under its control. On the advice of the FSMA, the King may lay down the conditions and the modalities for the preparation of these copies.
Without prejudice to other legal provisions, the FSMA and the Bank may specify, by regulation, the period of compulsory storage of these documents.
S. 15. insurers carrying on activities of insurance in Belgium are required to comply with the laws and regulations of general interest provisions that apply in Belgium to insurers and their operations.
S. 16. the Belgian insurance companies and insurance companies foreign which carry out activities of insurance in Belgium other than under the regime of the free provision of services, adopt the necessary organisational measures in terms of their management, their administrative and accounting organization structure, their mechanisms of control and security in the computer field and control internal in order to comply with the rules to ensure honest, fair and professional stakeholders treatment.
TITLE II. -Assignments of contracts of insurance art. 17. the assignment of rights and obligations arising from contracts relating to risks and commitments located in Belgium, are prejudicial to policyholders, insured persons, beneficiaries and all third parties with an interest in the performance of the contract of insurance when they were authorized by the Bank or by the competent authorities of another Member State.
Without prejudice to the application of articles 34 and 36, this third-party effectiveness takes effect on the date of the publication referred to in article 78 of the law of 9 July 1975.
S.
18 § 1. Policyholders have the option to terminate their contract in the manner prescribed in article 84, § 1, within a period of three months from the publication referred to in article 78 of the law of 9 July 1975. Such termination shall take effect on the expiry of a period of one month from the aftermath of the significance of the feat of bailiff, the day after the date of the receipt or the day after the filing of the letter recommended or the expiry day annual premium if it is earlier.
§ 2. The provisions of paragraph 1 shall not apply to mergers and divisions of companies insurance or assignments made through a contribution of the generality of assets or a branch of activity, or other transfers between companies insurance forming part of a single consolidated framework.
TITLE III. -Special rules for the insurance of the group activities 'life' linked to investment funds art.
19 § 1. In respect of contracts of insurance in which the investment risk is borne directly or indirectly by the policyholder, insurance benefits may be linked, directly or indirectly, assets and instruments that the insurer is able to properly assess the risks.
The insurer shall inform the policyholder of insurance, prior to the conclusion of the contract and in clear terms, on the risk that the latter supports.

§ 2. The contract may include a guarantee of a minimum return if this warranty subject to a blanket taken from a company approved for that purpose in the European Union.
S.
20 § 1. When the policyholder is a retail customer and commitment is located in Belgium, insurance benefits may be linked, directly or indirectly, only to: a) of units of collective investment undertakings, inscribed on the list referred to in article 33 or article 149 of the law of August 3, 2012 on certain forms of collective management of investment portfolios ((, b) units of undertakings for collective investment in transferable securities as referred to in Directive 2009/65/EC, c) of assets belonging to the categories of investments

Open-ended undertakings for collective investment in transferable securities of Belgian law, provided that the rules laid down in chapters VII and X to Directive 2009/65/EC are complied with;
(d) assets belonging to the categories of investments open to public undertakings for collective investment under Belgian law, provided that the rules governing the placement of the internal investment funds or external policy do deviate from those that apply to the category of corresponding investments open to undertakings for collective investment under Belgian law.
§ 2. Provided that all documents used for the marketing of the insurance contract make clear reference to the credit risk arising from such financial instruments, it is allowed, by way of derogation to paragraph 1, put more than 20% of the value of the own assets in deposits with a single credit institution as referred to in titles II to V of the law of 22 March 1993 on the status and to the control of credit institutions, provided that whether a credit institution of which the head office is located in an EEA Member State and who has received an authorisation to the competent authority for this purpose. The documents used for the marketing of the insurance contract may make reference to a total or partial capital guarantee. They may make reference to protection of capital at final maturity if the underlying financial structure offers this protection at final maturity.
§ 3. Provided that all documents used for the marketing of the insurance contract contain a clear reference to such financial instruments credit risk, it is allowed, by way of derogation to paragraph 1, put more than 20% of the value of own assets in unsubordinated bonds, non-exchangeable and non-convertible or in other financial products fixed income issued by the Bank or by a single credit institution, as referred to in titles II to V of the law of 22 March 1993 on the legal status and control of credit institutions, provided that whether a credit institution whose head office is located in an EEA Member State and which has received an authorisation to the authority competent for this purpose. The duration of these financial instruments shall coincide with the duration of the insurance contract. The documents used for the marketing of the insurance contract may make reference to a total or partial capital guarantee. They may make reference to protection of capital at final maturity if the underlying financial structure offers this protection at final maturity.
§ 4. Provided that all documents used for the marketing of the insurance contract contain a clear reference to such financial instruments credit risk, it is allowed, by way of derogation to paragraph 1, put more than 20% of the value of the own assets in securities admitted to trading on a regulated market within the meaning of article 2 3 °, 5 ° or 6 °, of the law of 2 August 2002, insofar as these securities are issued or guaranteed by a central, regional or local authority of a Member State of the EEA or by an international organization to public nature which are part one or several Member States of the EEA, and/or of the money market instruments (i) which are issued or guaranteed by a central administration regional or local of a Member State of the EEA or by an international organization to public nature which are part one or more States members of the EEA, and (ii) the issue or issuer, in the case of the money market instruments which are not admitted to trading on a market regulated within the meaning of article 2, 3 °, 5 ° or 6 °, of the law of 2 August 2002 are themselves subject to regulations aimed at protecting investors and savings. The documents used for the marketing of the insurance contract may make reference to a total or partial capital guarantee.
§ 5. By way of derogation from paragraph 1, the FSMA, conditions that it determines, accept for the purposes of the application of paragraph 1, c. and d., direct positions are combined with the positions of the undertakings for collective investment in which investments are made. The insurer provides to this effect of the control procedures guaranteeing the follow-up of combined positions.
The rules relating to the establishment and the perception of the commissions and fees made directly or indirectly to support policyholders must be clear and precise.
The Commissioner of the insurer establishes annually a report in which it certifies that the provisions of paragraph 1 are met and that the organizational structure does not affect the interests of policyholders and does not charges most high to the detriment of policyholders.
§ 6. The King may, by order made on the advice of the FSMA and the Bank, define more precisely the rules laid down in paragraphs 1 to 5. The King may, by Decree deliberated in the Council of Ministers, take, where appropriate, accompanying measures in order to provide a warning of the policyholders in the advertisements and other documents and notices and/or in the pre-contractual information.
PART 3. -OFFER and CONCLUSION of contracts: INFORMATION, advertising, pricing, SEGMENTATION and profit sharing title Ier. -Provisions general article 21. for the drafting of all documents relating to the conclusion and execution of contracts of insurance, insurers and insurance intermediaries are required to comply with the rules laid down under this Act, by the King on the advice of the FSMA.
S. 22 § 1. General, special and special conditions, insurance contracts as a whole, as well as all individual clauses which do not conform to the provisions of parts 2 and 3 and their orders and regulations, or the provisions of the law of 9 July 1975 and its orders and regulations are supposed to have been established after conclusion of the contract in accordance as appropriate, with the provisions of parts 2 and 3 and of their orders and regulations enforcement, or with the provisions of the law of 9 July 1975 and its orders and regulations.

§ 2. Paragraph 1 shall not apply to tariffs.
S. 23 § 1. General, particular and special conditions insurance contracts as a whole, as well as all the clauses taken separately must be written in clear and precise terms. They may contain no clause likely to impair the equivalence between the commitments of the insurer and the policyholder.
§ 2. If in doubt about the meaning of a term, the interpretation most favourable to the policyholder takes precedence in all cases.
If the policyholder and the insured are not one and the same person, this is the interpretation most favourable to the insured which prevails.
Paragraph 1 is not applicable to contracts of insurance related to major risks, with the exception of the risks referred to in article 5 (39), point b), provided that the policyholder has a liberal profession and that risk relates to the exercise of this profession.
S. 24. without prejudice to the application of treaties or international agreements, are void all clauses and all agreements to foreign courts, excluding the Belgian judge, jurisdiction to hear all disputes arising out of contracts of insurance.
S. 25. contracts intended to satisfy an obligation to insure imposed by Belgian law are governed by Belgian law.
Where the insurance contract provides cover in several Member States which one at least an obligation to purchase insurance, the contract is deemed, for the purposes of this article, as with several contracts each relate to a single Member State.
S. 26 § 1.
Insurers that offer insurance of the group activities "non-life", made compulsory in Belgium, are required to inform the FSMA.
§ 2. The FSMA may require insurers referred to in paragraph 1 which they shall notify to the FSMA and the Bank, prior to their dissemination, the General and special conditions of these assurances to the Group of activities "non-life" made mandatory in Belgium.
§ 3. The information and documents referred to in paragraphs 1 and 2 must be written at least in the language imposed by law or decree.
S. 27. If under Belgian law which imposes compulsory insurance, the insurer must declare any termination of warranty to the authorities, this termination is opposable to third parties injured in the conditions laid down by Belgian law.
TITLE II. -Rules on transparency Chapter 1.
-General provisions concerning the advertisements and other documents and notice art. 28 § 1. All documents brought to the attention of the public in Belgium by insurers or insurance intermediaries must include the particulars laid down by the King, on the advice of the FSMA.
§ 2. On the advice of the FSMA, the King may lay down rules concerning the content and the mode of presentation of notices, advertisements and other marketing material that relate to insurance contracts offered or marketed in Belgium by an insurer or insurance intermediary.
§ 3. Notices, advertisements and other documents that relate to contracts

insurance offered or marketed in Belgium by an insurer or insurance intermediary shall at least fulfil the following conditions: 1 ° the information they contain can be misleading or inaccurate;
2 ° the data they contain are compatible with the other information statutory compulsory communication to the taker candidate of insurance.
Communications advertisements must be clearly recognizable as such.

§ 4. For the purposes of this article, is meant by "marketing" presentation of an insurance contract, in any way, to urge that the policyholder or the potential policyholder to subscribe an insurance contract.
§ 5. As long as the limitation period for actions with respect to an insurer or insurance intermediary is not expired and for a period of at least two years from the expiration of the last contract of insurance to which relate these notices, advertisements and other documents, insurers and insurance intermediaries maintain a copy of notices, advertisements and other documents referred to in paragraph 3.
§
6. Copies photographic, FPM, magnetic, electronic or optical notices, advertisements and other documents are authentic as the originals, which they are presumed, unless evidence to the contrary, to be a faithful copy when they have been established by insurers and/or intermediaries insurance or under their control. On the advice of the FSMA, the King may lay down the conditions and the modalities for the preparation of these copies.
CHAPTER 2. -Information art. 29. the provisions of this chapter focus on contracts of insurance risk or commitment is located in Belgium.
S.
30. all documents for the policyholder of insurance, the insured, the beneficiary and any third party having an interest in the execution of the insurance contract must include the particulars laid down by the King, on the advice of the FSMA.
S. 31 when the Belgian law requires proof of compulsory insurance, the insurer must issue to the insured a certificate certifying that the contract of compulsory insurance was taken out.
The King determines, on advice of the FSMA, the items to be included in this certificate.
S. 32. activities group insurance "life", the insurer shall, prior to the conclusion of the contract, where the policyholder is a natural person, at least: has) provide the latest information on the law applicable to the contract, specifying: i. where the parties have no freedom of choice, the law which will be applicable to the contract;
II. when the parties have freedom of choice:-the fact that the parties have the freedom to choose the applicable law-the law the insurer proposes, where appropriate, to choose, and - the law that will be applicable, according to the relevant legislation, failing agreement between the parties or express choice posed by them;
and (b) inform him of the provisions relating to the treatment of complaints of policyholders concerning contracts, including the existence of the service of the insurance ombudsman, without prejudice to the possibility for the policyholder to sue in court.
S. 33 § 1. When the activities group insurance "life" is proposed by a foreign insurer, the policyholder must be informed, prior to the conclusion of any commitment, the name of the country where are located the head office and, where appropriate, the branch with which the contract will be concluded.
All documents provided to the policyholder include the information referred to in paragraph 1.
Where the foreign insurer is an EEA insurance undertaking, the obligations set out in paragraphs 1 and 2 are not large risks.
§ 2. The contract or any other document granting cover, together with the insurance proposal where it is binding on the policyholder, indicate the name and the address of the head office and, where appropriate, of the branch of the insurer which grants the cover.
The documents referred to in paragraph 1 also mention the name and address of the representative of the insurer, as referred to in article 68 of the law of 9 July 1975.
S.
34. activities group insurance "life", the insurer informs the policyholder, for the duration of the contract, of any change concerning the following information: a) the name and the address of the head office and, where appropriate, of the branch of the insurer which grants the cover.
b) the name and address of the representative of the insurer, as referred to in article 68 of the law of 9 July 1975.
The insurer shall forward a copy of these communications to the FSMA.
S.
35 § 1. The activities group insurance "life", before the conclusion of the contract, the insurer shall communicate to the policyholder at least the information referred to in paragraphs 2 and 3.
§ 2. Without prejudice to other legal requirements, the following information concerning the insurer are reported: a) the name or business name and the legal form of the insurer;
b) the name of the country where are located the head office and, where appropriate, the branch with which the contract will be concluded;
c) the address of the head office and, where appropriate, the branch with which the contract will be concluded;
(d) a reference concrete to report on solvency and financial condition provided for in article 51 of Directive 2009/138/EC, which allows the policyholder to easily access such information.
§
3. Without prejudice to other legal requirements, the following information concerning the commitment is communicated: a) the definition of each benefit and each option;
(b) the duration of the contract;
(c) the procedures for termination of the contract;
d) the terms of payment of the premiums and duration of payments;
(e) procedures for calculation and allocation of the profit participations);
(f) guidance on redemption and reduction values and the nature of the guarantees y;
(g) information on the premiums for each benefit, whether main or complementary, when such information prove to be appropriate;
(h) an enumeration of the reference values used (units of account) in insurance related to investment funds;
(i) information on the nature of the assets covering insurance linked to investment funds;
j) detailed rules for the exercise of the right of withdrawal;
(k) general indications relating to the tax regime applicable to the type of police, including information concerning the tax treatment of benefits at final maturity of the contract and in the event of early redemption;
l) provisions relating to the treatment of complaints from policyholders, insured persons or beneficiaries, the subject of the contracts, including the existence of the insurance ombudsman service, without prejudice to the possibility to bring an action in court;
(m) information on the law applicable to the contract, specifying: i. where the parties have no freedom of choice, the law which will be applicable to the contract;
II. when the parties have the freedom of choice:-the fact that the parties have the freedom to choose the applicable law-the law the insurer proposes, where appropriate, to choose, and - the law that will be applicable, according to the relevant legislation, failing agreement between the parties or express choice posed by these.
In addition, specific information is provided to allow well to perceive the underlying risks in the contract which are assumed by the policyholder.
S. 36. for insurance of the group activities 'life', the insurer informs the policyholder, for the duration of the contract, of any change concerning the following information: a) the General, special and special conditions of the police.
b) the name or business name of the insurer, its legal form or the address of its head office and, where appropriate, the branch with which the contract was concluded;
c) all information listed in article 35, paragraph 3, point d) to (j)), that the change is the result of an amendment to the contract or is the result of a change of the law applicable to the contract;
d) each year, information concerning the situation of the participation in the profits.
The insurer shall forward a copy of these communications to the FSMA.
S. 37. the information referred to in articles 35 and 36 shall be formulated clearly and precisely, in writing, and be provided in one of the official languages of the Belgium.
However, this information may be provided to the policyholder in another language if it so requests or if it has the freedom to choose the applicable law.
S.
38. the King may, on advice of the FSMA, define more precisely the information required under sections 32 to 36 and determine information insurers and/or intermediaries must provide to the policyholder prior to the conclusion of the contract and for the duration thereof, as well as the mode of communication of such information.
TITLE III. -Pricing, conditions and segmentation Chapter 1. -Provisions general article 39. with regard to foreign insurers, the provisions of this chapter relate only to contracts of insurance risk or commitment is located in Belgium.
S. 40 § 1. For the establishment and the application of their rates and conditions, insurers are required to comply with the rules laid down by the King, on the advice of the FSMA and the Bank.


§ 2. By way of derogation from paragraph 1, EEA insurance undertakings must comply for the establishment and enforcement of their tariffs, to the legislation of their Member State of origin.
However, 1st paragraph is without prejudice to the obligation for insurance undertakings from EEA to comply with the mandatory rules of general interest under Belgian law which introduce a technical framework for the development of rates within which insurance undertakings must calculate their premiums.
S. 41. If the Bank takes measures in accordance with article 21octies, § 2, paragraphs 1 and 2, of the law of 9 July 1975, the rehabilitation of a tariff applies to contracts concluded from the notification of the decision of the Bank, and without prejudice to the right to termination of the policyholder, it applies also to the premiums and contributions of current contracts which are due from the first day of the second month following the notification of the decision of the Bank.
CHAPTER 2. -Of article segmentation
42. the provisions of this chapter focus on contracts of insurance risk or commitment is located in Belgium.
S. 43 § 1. Articles 44 to 46 shall apply to contracts of insurance listed below, insofar as the policyholder is a consumer within the meaning of article 2, 3 °, of the law of April 6, 2010 on market practices and consumer protection:-compulsory insurance of liability for motor vehicles;
-The insurance against fire and other perils in what concerns dwellings with a simple risk within the meaning of article 5 of the royal decree of 31 December 1992 on the implementation of the law of 25 June 1992 on terrestrial insurance contract;
-The insurance covering the extra-contractual civil liability relating to privacy;
-Legal expenses insurance;
-The individual life assurance; and - the health insurance contract referred to in article 201, § 1, 1 °.
§ 2. The King may, by order deliberate in Council of Ministers, made on the advice of the FSMA, extend the application of all or part of this chapter to other contract of insurance.
§ 3. This chapter shall apply without prejudice to the obligations imposed by section 4 of this Act and the orders or regulations for its execution.
S. 44. any segmentation on acceptance, pricing and/or the extent of the guarantee must be objectively justified by a legitimate aim and the means of achieving this objective must be appropriate and necessary.
S. 45 § 1.
The insurer has published on its web site, by type of contract of insurance as referred to in article 43, § 1, the criteria it uses in the context of segmentation on the acceptance, pricing and/or the extent of the guarantee. The insurer says on its web site, in clear and understandable terms for the policyholder, the reason for which he uses these criteria.
§ 2. The King may, by order deliberate in Council of Ministers, took notice of the FSMA, determine, where appropriate by type of insurance contract, the segmentation criteria which can be used by the insurer, or indicate, where appropriate by type of insurance contract, the segmentation criteria that cannot be.
S. 46 § 1.
In its offer to the policyholder, the insurer said the segmentation criteria used to determine the fare conditions of the contract and the scope of the guarantee. This information is provided individually and in clear and understandable terms for the policyholder.
In his explanation of the segmentation criteria used, the insurer makes a distinction between:-the criteria used to determine the conditions which will apply when the course of the contract; -the criteria likely to have an impact on the conditions of the contract in the future.
§ 2. When the insurer decides, for the duration of the insurance contract, to transmit to the policyholder, due to the change of a risk, a proposal for a modification of the tariff conditions or granted guarantee, it must, without prejudice to other possible legal obligations, submit its proposal to the policyholder in writing, an explicit and reasoned.
The proposal and its motivation must be communicated to the policyholder individually and formulated in a clear and understandable language for the latter. In the motivation, the insurer in particular exposes the data, communicated or not by the policyholder, that he used during the modified risk assessment, as well as the segmentation criteria that it has applied, and which led him to formulate his proposal. The proposal explains also in clear and understandable terms for the policyholder, happens to the current insurance contract as the policyholder decides to follow or not the proposal.
§ 3. When the insurer decides to terminate it due to the change of a risk for the duration of the insurance contract, it shall, without prejudice to other possible legal obligations, notify the policyholder in writing of an explicit and reasoned, except in the cases referred to in article 57, §§ 3, 4 and 5.
This decision and motivation must be communicated to the policyholder individually and formulated in a clear and understandable language for the latter. In the motivation, the insurer exposes in particular data, communicated by the policyholder, that he used during the evaluation of the risk, as well as the segmentation criteria that it has applied, or not, and which led him to his decision.

§ 4. When an insurer decides to refuse the granting of insurance, it shall notify the policyholder in writing an explicit and reasoned.
This decision and motivation must be communicated to the policyholder individually and formulated in a clear and understandable language for the latter. In the motivation, the insurer exposes in particular data, communicated by the policyholder, that he used in the assessment of the risk, as well as the segmentation criteria that it has applied, or not, and which led him to his decision.
Where communication of the grounds for its refusal could seriously harm the activity of the insurer or where this communication could lead him to violate an obligation of secrecy imposed by the Act, the insurer is not required, subject to the conditions described in the following paragraph, to communicate the specific reason behind its decision of refusal.
Where non-disclosure of the reason for refusal to the taker candidate of insurance cannot be justified by the fulfilment of an obligation of secrecy imposed by the Act, the insurer may avail itself of the exception to the requirement of expected such motivation in the preceding paragraph only on condition that the ground for refusal underlying its decision is contained in an exhaustive list of grounds for refusal confidential which will have been previously communicated to the FSMA and approved by it. The insurer is also centrally, in one of his Belgian establishments or, if it lacks a Belgian institution, with its headquarters located in EEA or in any other place approved by the FSMA, a list of insurance denied including the specific reason behind its decision of refusal has not been communicated, stating the grounds for refusal concerned as it was included in the list of grounds for refusal confidential previously transmitted to the FSMA, or referring to the legal basis governing the obligation of secrecy.

§ 5. The King may, by Decree deliberated in the Council of Ministers, on the advice of the FSMA, impose additional rules concerning the precise contents of the reasons referred to in the preceding paragraphs, the way in which the decision must be communicated and the deadlines to be met by insurers.
TITLE IV. -Participation in profits art. 47. the provisions of this title are on contracts of insurance risk or commitment is located in Belgium.
S. 48. the participation in the profits may be referred to in advertisements and other marketing for as far as the insurer documents has the legal or contractual obligation to provide for a participation in the profits and that the right to participation in the profits under an individual contract not to depend on the power of discretion of the insurer.
S. 49. prior to the conclusion of the insurance contract, the insurer shall inform buyer candidate for insurance individually whether and under what conditions a right of participation in the profits exist for insurance contracts.
The terms calculation and allocation of the share of profits are exposed to him.
S.
50 § 1. The policyholder receives at least once a year information on the situation of the participation in the profits and is kept informed throughout the term of the contract of any change concerning this situation.
§ 2. Where the insurer, in connection with the offer or the conclusion of a contract of insurance of the group activities 'life', communicates projections concerning the participation in the profits, it provides the policyholder an example of calculation where possible payment at maturity is exposed on the basis of a calculation applying three different interest rates. This does not apply to temporary death insurance. The insurer

informs the policyholder insurance, clear and understandable, that this calculation example is simply the application of a model based on mere assumptions and that the policyholder has no contractual right of this example of calculation.
§ 3. In the case of insurance with profit-sharing, the insurer shall inform the policyholder, annually and in writing, of the situation of the rights of the policyholder, including the participation in the profits. In addition, when it provided projections concerning the participation in the profits, the insurer shall inform the policyholder of the differences between the developments and the initial data.
§ 4. The insurer transmits a copy of communications made to the policyholder in accordance with the preceding paragraphs to the FSMA.
S. 51 § 1. If the participation in the profits is mentioned in advertisements or other marketing documents, the insurer establishes, as information for policyholders, a profit-sharing plan. The insurer puts this plan at the disposal of the buyer candidate of insurance before the conclusion of the insurance contract. All subsequent changes to this plan, insofar as they have an impact on insurance contracts, are communicated without delay, in writing, to policyholders.
§ 2. This profit-sharing plan exposes, in clear terms to the policyholder, the following elements:-the method of calculation of total distributable profit;
-How to determine if and to the extent of how much this distributable profit will be paid or attributed to shareholders and to the community of contracts of insurance providing for a participation in the profits;
-the mode of the distribution key between the shareholders and the community of insurance contracts that will be applied; -the criteria on the basis of which the participation in the profits will be allocated to separate insurance contracts and the conditions to which this allocation will be carried out.

§ 3. The distribution between separate insurance contracts, the profits attributed to the community of insurance contracts must be carried out in respect of equity between policyholders.

§ 4. The King may, by order taken on the advice of the FSMA and the Bank, specify the content of the participation plan profit and determine the criteria that the insurer can or should apply for award of participation in profits in separate insurance contracts.
S.
52 § 1. The information referred to in articles 48 to 51 must be formulated clearly and precisely, in writing, and be provided in one of the official languages of the Belgium.
However, this information may be provided to the policyholder in another language if it so requests or if it has the freedom to choose the applicable law.
§ 2. The King may, by order made on the advice of the FSMA, clarify the content and mode of communication of the information referred to in articles 48 to 51.
S. 53. the King may, by order deliberate in Council of Ministers, made on the advice of the FSMA and the Bank, provide for one or more insurance activities, provisions specifying: 1 ° part of distributable profit shall be distributed in the community of insurance contracts, and in what manner this part of income and the allocation key between the shareholders and the community of contracts are to be calculated;
2 ° under what conditions the distribution of profits for insurance contracts does not waiver final for these amounts in the head of the insurance undertaking, so that it may continue to use them, for a period limited in time, for the purposes of compliance with the legal requirements for solvency;
3 ° when distributions are deemed definitively acquired by the beneficiaries;
4 ° in what way the elements mentioned in the above points should be treated in the accounts of the insurance undertaking.
PART 4.
-THE land insurance contract title Ier. -Scope of application and definitions scope art. 54. the provisions of this part apply to all land insurance contracts governed by Belgian law, insofar as it is not waived by specific laws.
They do apply to reinsurance, or insurance of the transport of goods, baggage and moves insurance excepted.
Definitions art. 55. for the purposes of this part, is meant by: 1 ° "person aggrieved": in liability insurance, a person victim of damages which the insured is responsible;
2 ° "insurance benefit": the amount payable or the service to be provided by the insurer under the contract of insurance;
3 ° "indemnity insurance": one in which the insurer undertakes to provide the performance necessary to repair any part of damage suffered by the insured or which it is responsible;
4 ° "insurance to lump sum character": one in which delivery of the insurer does not depend on the importance of the damage;
5 ° "insurance application": a form issued by the insurer through which he offers to take the risk in charge on an interim basis, at the request of the policyholder;
6 ° "insurance": a form issued by the insurer, the policyholder insurance, and intended to inform the insurer about the nature of the operation and on the facts and circumstances which constitute for him to the elements of risk assessment;
7 ° "presignee police": a policy of insurance previously signed by the insurer and containing an offer to enter into the conditions that are described, possibly supplemented by specifications mentioned by the policyholder in the spaces provided for this purpose.
8 ° 'reduction in indemnity insurance': a penalty consisting of the insurer to reduce its performance, having regard to the failure by the policyholder or the insured, in one of the obligations arising from the insurance contract.
Mandatory rules art. 56. except where the possibility to derogate from special agreements is due to their writing even, the provisions of this part are mandatory.
TITLE II. -The contract of insurance in general chapter 1. -Provisions common to all contracts Section Ire. -Conclusion of the insurance contract, police présignée and s. insurance application 57 § 1. The insurance proposal commits the buyer candidate of insurance nor the insurer to conclude the contract. If within thirty days of the receipt of the proposal, the insurer has not notified the buyer candidate of insurance or insurance offer, i.e. the subordination of the insurance to a request for investigation, or the refusal to ensure, it undertakes to enter into the contract under penalty of damages and interests. These provisions, as well as the statement that the signing of the application does not run coverage, must be included expressly in the insurance proposal.
§ 2. In the case of presignee police or insurance claim, the contract is formed upon the signing of one of these documents by the policyholder.
Unless otherwise agreed, the warranty begins the day following receipt by the insurer of the presignee police or the application. The insurer shall communicate this date to the policyholder.
§
3. Except for contracts of a duration less than 30 days, the policyholder shall have the right to terminate the contract with immediate effect at the time of the notification, within a period of 30 days for life insurance contracts and for the operations of capitalization and within a period of fourteen days for other insurance contracts from the taking of courses contract. This option must explicitly be referred to in the terms of the policy. In the case of contracts which are contracts of life insurance or capitalisation operations, the policyholder has this option only if the contract has been formed through a presignee font or an insurance application.
§ 4. With the exception of contracts of a duration less than 30 days, the insurer may terminate the contract which was formed via a presignee font or an insurance application, within a period of thirty days for contracts of life insurance and fourteen days for other insurance contracts, from the presignee police or the application receipt the termination becoming effective eight days after its notification. These provisions should specifically be mentioned in presignee police or the application conditions. The request and the proposal must be signed separately.
§ 5. Any contract of insurance to distance, within the meaning of Chapter 3, section 2, of the Act of April 6, 2010 the market practices and the protection of the consumer, is concluded when the insurer receives the acceptance of the policyholder.
The policyholder and the insurer have a period of fourteen days to terminate the contract of insurance, without penalty and without obligation to give reasons. However, for life insurance contracts, this period is extended to 30 days.
The period in which may be exercised the right of withdrawal starts:-from the day of conclusion of the contract of insurance, except for contracts of insurance on the life, for which the period starts at the time where the policyholder is informed by the insurer that the insurance contract is concluded;
-from the day where the

policyholder receives the terms and conditions and any other additional information, if the last day is later than that referred to in the first indent.
Termination by the policyholder shall take effect at the time of the notification, that the insurer from eight days after its notification.
The right of withdrawal does not apply to travel and baggage insurance policies or insurance policies similar to short term for less a month or life assurance contracts, related to an investment fund.
§ 6. The King may, on the advice of the FSMA and the Bank, specifying the terms and conditions in the event of exercise of the right of termination referred to in paragraphs 3, 4 and 5.
§ 7. Upon receipt, the insurer will proceed with the systematic timestamp of the proposals for insurance, presignees policies and insurance claims.
Obligation to declare s. 58. the policyholder is obliged to declare exactly, at the conclusion of the contract, all the facts known to him and that he must reasonably regarded as constituting for the insurer of the elements of risk assessment. However, it should not declare the insurer the already known circumstances or should reasonably know.
Genetic data may not be disclosed.
If it is point answered some questions written by the insurer and has nevertheless concluded the contract, it cannot, except in the case of fraud, subsequently rely on this omission.
Omission or intentional inaccuracy s.
59. when the omission or intentional inaccuracy in the declaration induce the insurer as to the elements of risk assessment, the insurance contract is zero.
Premiums expired until the time which the insurer became aware of the omission or intentional inaccuracy due.
Omission or inaccuracy unintentional s. 60 § 1.
When the omission or inaccuracy in the declaration are not intentional, the contract is not zero.
The insurer proposes, within the time limit of one month from the day where he had knowledge of the omission or inaccuracy, the modification of the contract with effect from the day where he became aware of the omission or inaccuracy.
If the insurer provides proof that the risk would in any case insured, it may terminate the contract within the same period.
If the proposed amendment of the contract is refused by the policyholder or if, at the end of a period of one month from the receipt of this proposal, the latter is not accepted, the insurer may terminate the contract within 15 days.
The insurer who has not terminated the contract or proposed its amendment within the time specified above can more rely in the future on the facts that are known to him.

§ 2. If the misrepresentation or the omission cannot be attributed to the policyholder and if a disaster occurs before the contract amendment or termination has taken effect, the insurer shall provide the agreed delivery.
§ 3. If the omission or misrepresentation could be attributed to the policyholder and an accident occurs before the contract amendment or termination has taken effect, the insurer is required to provide a benefit that, according to the ratio between the premium paid and the premium that the policyholder would have had to pay if it had regularly declared risk.
However, if in a claim, the insurer provides proof that he would certainly not insured risk whose true nature is revealed by the disaster, his performance is limited to a refund of all premiums paid.
§ 4. If a circumstance unknown to both parties at the conclusion of the contract comes to be known of it running, is applied and article 80 article 81 depending on whether that circumstance constitutes a decrease or worsening of the risk insured.
Medical information art. 61. the physician selected by the insured person may deliver to the insured which actually requests the medical certificates necessary for the conclusion or performance of the contract. These certificates are limited to a description of the current state of health.
These certificates can be released to the medical consultant of the insurer.
The latter cannot communicate any irrelevant information with regard to the risk for which certificates have been established or relating to persons other than the insured.
The medical examination necessary for the conclusion and execution of the contract, cannot be based on background determining the current state of health of the insured candidate and not on genetic analysis techniques to determine his future health.
Provided that the insurer justifies the prior consent of the insured, the doctor of it transmits to the medical consultant of the insurer a certificate establishing the cause of death.
Where there is more risk to the insurer, at their request, the medical consultant renders medical certificates to the insured, or in the event of death, his successors.
Section II. -Dol warranty coverage and fault art. 62. Notwithstanding any agreement to the contrary, the insurer may be required to provide coverage for anyone who intentionally caused the loss.
The insurer liable for loss caused by the fault of the policyholder, the insured or the beneficiary, even heavy. However, the insurer may avoid its obligations for the negligence cases determined explicitly and exhaustively in the contract.
The King can establish a restrictive list of the facts which cannot be characterized as gross negligence.
War art.
63. unless agreed otherwise, the insurer is not liable for disaster caused by the war or by facts of the same nature and the civil war.
The insurer must demonstrate the fact that exempts it from its guarantee.
The King may, however, lay down rules alleviating the burden of proof of the fact that exempts the insurer of its guarantee.
Section III. -Proof and evidence contract and content of the contract article content 64 § 1. Subject of the confession and the oath, and regardless of the value of liabilities, insurance contract, as well as its amendments prove in writing between parties. It is received no evidence by witnesses or by presumptions against and in addition to the content of the Act.
However, when there is a commencement of proof in writing, evidence by witnesses or by presumptions is allowed.
Article 1328 civil code is not applicable to the insurance contract or its amendments.
§ 2. The insurance contract shall contain at least: 1 ° the date at which the insurance contract is entered into and the date on which the insurance takes courses;
2 ° the duration of the contract;
3 ° the identity of the policyholder and, where appropriate, of the insured and the beneficiary;
4 ° the name and address of the insurer or the co-insurers;
5 ° where appropriate, the name and address of the insurance intermediary;
6 ° the risks covered.
7 ° the amount of the premium or the manner of determining it.

§ 3. The insurer shall issue the policyholder, no later than at the time of the conclusion of the contract, a copy of the information provided by the latter in writing about the risk to be covered.
Section IV. -Performance of the contract lapse partial or full entitlement to the benefit of insurance s. 65. the insurance contract may provide forfeiture partial or total the right to the insurance benefit because of the breach of a specific duty imposed by contract and on the condition that the breach is in causal relation to the occurrence of the disaster.
However, the King may regulate the forfeiture partial or total the right to the insurance benefit.
Combined fonts art. 66 the absence of agreement to the contrary, when, in a same contract, the insurer is committed to various benefits, because the promised guarantees, either in reason insured risks, the cause of termination on one of the benefits does affect not the contract as a whole.
If the insurer cancels the guarantee of one or more benefits, the policyholder may terminate the contract as a whole.
The cause of nullity relating to one of the benefits does not affect the contract as a whole.
Terms of payment of the premium and the provision of insurance article 67. the insurance premium is payable.
Absence be made directly to the insurer, is discharge by payment of the premium is third which requires and which appears as the agent of the insurer to receive.
When the insurer does not pay directly to the insured or his beneficiary the amounts which he is liable in the performance of the contract of insurance, but makes this payment through an intermediary of insurance, only the actual receipt of the payment by the insured or his beneficiary releases the insurer of its obligations.
Payment to minors of age, prohibited and other incompetent s.
68. the insurer making a payment to a minor, a banned or another incompetent pursuant to a contract of insurance, it performs on an account opened in his name, hit downtime until the majority or the lifting of the disability, without prejudice to the right of legal enjoyment.
Default in payment of the award-winning art. 69. the non-payment of the premium at maturity may give rise to the suspension of the warranty or the termination of the contract provided that the debtor has been warned.
The insurance contract may however provide the warranty takes courses only after the payment of the initial premium.
Requirement to pay arts. 70. the formal notice

referred to in article 69 is made either by usher feat or by registered letter.
It includes requirement to pay the premium within the time limit which it shall determine. This time limit may not be less than fifteen days from the next day of the meaning or the day after the filing of the registered letter.
The formal notice reminds the maturity date of the premium and the amount thereof. She also recalls the consequences of failure to pay the premium within the fixed period, the starting point of this period and States that the suspension of the warranty or the termination of the contract shall take effect from the day following the day where the period ends, unless this is detrimental to the security for an insured event occurred previously.
Effect of the suspension of the warranty or the termination of the contract article 71. the suspension or termination have any effect until the expiry of the period referred to in article 70, paragraph 2.
If the warranty has been suspended, payment by the policyholder of the overdue premiums ends this suspension.
The insurer that suspends its warranty obligation, may terminate the contract in the same formal notice. In this case, the termination is effective from the expiry of a period which may not be less than fifteen days from the first day of the suspension.
If the insurer has not notified the termination of the contract in the implementation remains same, termination cannot intervene with new formal notice made pursuant to section 70.
The suspension of the warranty provisions of this article shall not apply to contracts of insurance for which the premium payment is optional.
Effects of the suspension for premiums accruing s. 72. the suspension of the warranty does not impair the right of the insurer to claim bonuses later maturing provided that the policyholder was in accordance with article 70. In this case, notice said the suspension of the warranty.
However, the insurer's right is limited to two consecutive years premiums.
Premium credit art. 73. when the contract is terminated for any reason whatsoever, the premiums paid to the insurance period subsequent to the date of effect of termination shall be reimbursed within a period of thirty days from the taking effect of the cancellation or, in the case of application of article 57, § 3 of the receipt by the insurer of the notification of termination.
In the event of partial termination or any other insurance benefits decrease, 1 paragraph applies only to the part of the premium corresponding to the decrease and the extent thereof.
Claim art.
74 § 1. The insured shall, as soon as possible and in any case within the time fixed by the contract, give notice to the insurer of the occurrence of the disaster.
However, the insurer cannot rely on what the time limit provided for in the contract to give the notice referred to in paragraph 1 has been failed, if this notice was given as soon as this could reasonably be done.

§ 2. The insured shall provide without delay to the insurer all relevant information and respond to requests that are made to determine the circumstances and determine the extent of the disaster.
Duties of the insured disaster art. 75. in any indemnity insurance, the insured shall take all reasonable measures to prevent and mitigate the consequences of the disaster.
Sanctions art.
76. § 1. If the insured does not fulfil one of the obligations provided for in articles 74 and 75, and resulting in a prejudice to the insurer, it has the right to claim a reduction of its service, to the extent of the damage he has suffered.
§ 2. The insurer may decline coverage if, with intent to defraud, the insured has not performed its obligations set out in articles 74 and 75.
Section V. - Third parties third parties art.
77. the parties may at any time agree that a third party may claim the benefit of insurance to conditions which they shall determine.
The third party must not be appointed or even be conceived at the time of the stipulation, but it must be ascertainable on the day of the payment of insurance benefits.
The King may, on the advice of the FSMA, clarify the rules which must satisfy the provisions for others to protect the rights of the insured and all third parties having an interest in the execution of the insurance contract.
Reporting of the terms of the guarantee article 78. any consideration of an insurance beneficiary has the right to obtain the lessee insurance or, in his absence, by the insurer, the terms of the warranty.
Section VI. -Non-existence and change lack of risk art. 79 where, at the time of the conclusion of the contract, the risk is not or has already been made, the insurance is void.
It is likewise in the case of insurance of a future risk, if it is not born.
Where, in cases referred to in paragraphs 1 and 2, the policyholder has contracted in bad faith or by committing an inexcusable error, the insurer retains the premium relating to the period from the date for the taking effect of the contract until the day where he learns the lack of risk.
Reduced risk art.
80. when, during the execution of an insurance contract other than a contract of insurance on the life or health insurance, the risk of occurrence of the insured event has decreased by a sensitive and sustainable manner to the point that if the decrease had existed at the time of subscription, the insurer would have granted coverage for other conditions, it is required to grant a reduction of the premium to due competition from the day where he had knowledge of the reduction of risk.
If the contracting parties do not reach an agreement on the award-winning new within a period of one month from the request of decrease formed by the policyholder, may terminate the contract.
Aggravation of risk art. 81 § 1. Unless there is a contract of insurance on life insurance or credit insurance, the policyholder is obliged to declare during the contract, in the terms of article 58, new circumstances or changes in circumstances that are likely to create increased sensitive and sustainable risk of occurrence of the insured event.
Without prejudice to the provisions of part 3, title III, Chapter 2, when, during the execution of an insurance contract other than a contract of insurance on the life, health insurance or credit insurance, the risk of occurrence of the insured event has worsened so that if the worsening had existed at the time of subscription, the insurer would have granted insurance to other conditions, it must , within a period of one month from agenda where he had knowledge of the aggravation, propose the amendment of the contract with retroactive effect from the day of the worsening.
If the insurer provides proof that the risk would in any case insured, it may terminate the contract within the same period.
If the proposed amendment of the contract of insurance is refused by the policyholder or if, at the end of a period of one month from the receipt of this proposal, the latter is not accepted, the insurer may terminate the contract within fifteen days of the expiry of the abovementioned period.
The insurer who has not terminated the contract or proposed its amendment within the time specified above can more rely in the future on the aggravation of the risk.

§ 2. If a disaster occurs before the amendment of the contract or the termination took effect and if the policyholder has fulfilled the obligation referred to in paragraph 1, the insurer is required to perform the agreed delivery.
§ 3. If a disaster occurs and that the policyholder has not fulfilled the obligation referred to in paragraph 1: a) the insurer is required to make the provision agreed upon when the failure cannot be blamed to the policyholder;
(b) the insurer is required to perform its delivery as the ratio of the premium paid and the premium that the policyholder would have had to pay if the worsening had been taken into consideration, when failure to report can be attributed to the policyholder.
However, if the insurer provides proof that the aggravated risk, providing disaster would certainly not insured is limited to the refund of all premiums paid;
(c) if the policyholder acted with intent to defraud, the insurer may deny coverage. Premiums expired until the time which the insurer became aware of the fraud due as damages.
Section VII. -Co-payment and co-insurance s. aperition 82. unless agreed otherwise, the coinsurance does not imply solidarity.
Aperition s. 83. in the case of co-insurance, a leading insurer must be designated in the contract. Taxpayer is deemed an agent of the other insurers to receive the declarations provided by the contract to the diligence required for the settlement of claims, including the determination of the amount of the allowance.
Accordingly, the insured can submit all the meanings and notifications, except those relating to a legal action brought against the other co-insurers. If no leading insurer has been designated in the contract, the insured may consider any one of the co-insurers as leading insurer for the purposes of this section. However, the insured must still apply to the same co-insurer as insurer.
Section VIII. -Forms of termination termination forms

S. 84 § 1.
The termination of the contract is done by registered letter, by usher feat or by delivery of the termination letter against a receipt.
In the case referred to in article 71, the termination is done by the Act of making still referred to in article 70.
§ 2. Except in the cases referred to in articles 57, §§ 3, 4 and 5, 71-86, § 1, termination only has an effect only after the expiry of a period of a minimum month from the next day of the meaning or the day after the date of receipt or, in the case of a registered, letter from tabling tomorrow.
The time limit referred to in paragraph 1 shall be indicated in the contract and recalled in the Act of termination.
Section IX. -Duration and end of contract duration of obligations art. 85 § 1. The duration of the insurance contract may not exceed one year. Unless one of the parties opposed, in the manner prescribed in article 84, at least three months prior to the term of the contract, it shall be automatically renewed for consecutive periods of one year.
The contract cannot impose any other periods of notice.
The parties may, however, terminate the contract if, between the date of its conclusion and that of its taking effect, runs more than a year. This termination must be notified no later than three months before the taking effect of the contract.
Paragraphs 1 and 2 do not apply to capital redemption operations or health insurance and life insurance contracts. However, regardless of the duration of these contracts, the policyholder can terminate them every year, either on the anniversary date of the taking of courses contract or on the date of the annual deadline of the premium.

§ 2. The provisions of paragraph 1 shall not apply to contracts of insurance covering the risks that the King determines.
However, the following risks cannot be excluded:-civil liability and body of vehicles motor vehicles.
-Fire (simple risks);
-Extra-contractual civil liability relating to privacy;
-Accident covered individually;
-Assistance;
-Legal protection.
§ 3. This section is not applicable to contracts of insurance of a duration of less than one year.
Termination disaster art. 86 § 1.
In cases where the insurer reserves the right to terminate the contract after the occurrence of a loss, the policyholder has the same right. This termination is notified no later than one month after payment or refusal of payment of compensation.
The termination shall take effect on the expiration of a period of at least three months after the meaning, the day following the date of receipt or the day after the date of filing of the submission recommended.
When the policyholder, the insured or the beneficiary has breached one of the obligations arising from the occurrence of the disaster with the intent of misleading the insurance company, the latter may, at any time, terminate the insurance contract as soon as he filed a complaint with civil party constitution, against one of those people before an investigating judge or has cited it the Court's judgment on the basis of articles 193 196, 197, 496 or 510 to 520 of the Criminal Code. The termination shall take effect at the earliest one month after the service, on the day following the date of receipt or the day after the date of filing of the submission recommended.
The insurer is obliged to repair the damage resulting from this termination if it withdrew its action or prosecution resulted in a dismissal or an acquittal.
§ 2. Life insurance or health insurance, the insurer may reserve the right to terminate the contract after a disaster.
§ 3. Insurance compulsory civil liability for motor vehicles, the insurer cannot reserve the right to terminate the contract after a disaster unless he paid or will have to pay compensation to injured persons, with the exception of payments made pursuant to article 29 bis of the Act of 21 November 1989 on compulsory insurance of liability for motor vehicles.
In cases where the termination is not authorized within the meaning of the preceding paragraph, the termination by the insurer of an annex guarantee in the contract covering the liability, does it not invoke the provisions of article 66 to terminate it.
§ 4. The provisions of paragraph 1 of this article shall not apply to contracts of insurance covering the risks that the King determines.
However, the risks referred to in article 85, paragraph 2, subparagraph 2, cannot be excluded.
Bankruptcy of the policyholder s. 87. in the case of bankruptcy of the policyholder, insurance remains in favour of the mass of creditors who becomes debtor to the insurer for the amount of the earnings accruing from the declaration of bankruptcy.
The insurer and the bankruptcy trustee nevertheless have the right to terminate the contract. However, the termination of the contract by the insurer cannot be done at the earliest three months after the declaration of bankruptcy while the bankruptcy trustee may terminate the contract within three months following the declaration of bankruptcy.
This section does not apply to insurance of persons.
Section x. - Prescription limitation period art. 88 § 1. The period of limitation for any action deriving from the insurance contract is three years. In life assurance, the delay is 30 years with regard to action on formed reserve, to the date of termination or the arrival of the term, by premiums paid, net of the amounts consumed.
The period shall run from the day of the event that gives opening to the action. However, where those to whom belongs the action proves that he had knowledge of this event until a later date, the period starts to run until that date, but shall not exceed five years after the event, the case of fraud except.
Insurance of the responsibility, the short time limit, with regard to the action for recovery of the insured against the insurer, from the claim of the injured, either whether it is a native claim whether it's subsequent request then the aggravation of the injury or the occurrence of new damage.
With regard to insurance of persons, the short time in which is the action of the recipient, from the day where it has knowledge both of the existence of the contract, of his capacity as beneficiary of the occurrence of the event which depends on the payment of insurance benefits.
§ 2. Subject to special legal provisions, the action resulting from the own right possessed by the victim against the insurer under section 150 are prescribed by five years as of the operative of the damage or, if there is criminal from agenda where it was committed.
However, when the injured person proves that she is aware of his right to the insurer at a later date, the time limit begins to run until that date, but shall not exceed ten years from the operative of the damage or, if there is a criminal offence, to the day when it was committed.
§ 3. The action for recovery of the insurer against the insured is prescribed by three years from the day of the payment by the insurer, the fraud case except.
Suspension and interruption of the limitation period art.
89 § 1. The prescription against minors, prohibited and other incompetent does not run until the day of the majority or the lifting of the disability.
§ 2. Prescription runs against the insured, the beneficiary or the injured person who is force majeure in the impossibility to act in a timely manner.
§ 3. If the claim has been made in a timely manner, the prescription is interrupted until the moment where the insurer did communicate its decision in writing to the other party.
§ 4. The interruption or suspension of the prescription of the action of the injured party against an insured results in the interruption or suspension of the prescription of the action against the insurer. Interruption or suspension of the prescription of the action of the injured party against the insurer causes the interruption or suspension of the prescription of the action against the insured.
§ 5. The limitation of actions referred to in article 88, paragraph 2, is interrupted as soon as the insurer is informed of the desire of the injured party to obtain compensation for his loss. This interruption ceases at the moment where the insurer made known in writing, to the person aggrieved, its compensation decision or refusal.
Section XI. -Arbitration art.
90 § 1. The clause by which the parties to an insurance contract undertake in advance to submit to referees disputes to arise from the contract is deemed unwritten.

§ 2. The provisions of paragraph 1 shall not apply to contracts of insurance covering the risks that the King determines.
However, the risks referred to in article 85, paragraph 2, subparagraph 2, cannot be excluded.
CHAPTER 2. -Provisions specific to insurance indemnity insurance interest art. 91. the insured must be able to justify an economic interest in the preservation of the thing or the integrity of the heritage.
Insurance for account art. 92. the insurance can be purchased on behalf of which it will be. In this case, the insured is that which justifies the insurable interest upon the occurrence of the disaster.
The exceptions inherent in the contract of insurance that the insurer could oppose the policyholder are also binding on the insured whatever it is.
Scope of the insurance benefit

S.
93. the benefit due the insurer is limited to the damages suffered by the insured.
This damage may include in the deprivation of the use of the insured property as well as in default of expected profit.
Multiple insurance to different characters art. 94. unless agreed otherwise, the benefits payable under a contract of indemnity insurance are not diminished due benefits in performance of a contract of insurance to flat character.
Subrogation of the insurer s. 95. the insurer who has paid the indemnity is subrogated in the rights and actions of the insured or the beneficiary against liable third parties for damage up to the amount thereof.
If, by the fact of the insured or the beneficiary, subrogation can no longer produce its effects for the insurer, may claim restitution of the compensation paid to the extent of the harm suffered.
Subrogation can harm to the insured or to a beneficiary who would have been compensated only in part. In this case, it may exercise its rights, for what is due to him, preferably to the insurer.
Except in the case of malice, the insurer has no recourse against the descendants, ascendants, spouses and the allies in direct line of the insured, or against people living in her home, guests and members of his staff home. In the event of malice caused by minors, the King may limit the right of recourse of the insurer covering the extra-contractual civil liability relating to privacy.
However the insurer may appeal against these persons insofar as their responsibility is effectively guaranteed by an insurance contract.
Over-insurance in good faith art. 96. where the amount insured in good faith, by one or several contracts with the same insurer, exceeds the insurable interest, each party has the right to reduce to amount.
Where the insured amount is allocated among several contracts from several insurers, this reduction takes place, in the absence of an agreement between all parties on the amounts provided by the contracts in the order of their date starting with the most recent and has possibly termination of one or several contracts which the sum insured would be thus rendered invalid.
Bad faith article over-insurance 97 when the same insurable interest is insured in bad faith for an amount too high, by one or more contracts with one or several insurers, contracts are void, and the insurer or insurers, if they are in good faith, have the right to keep the premiums collected for damages.
Under-insurance: proportional rule art. 98 § 1.
Unless agreed otherwise, if the value of the insurable interest is determinable and the insured amount is lower, the insurer is obliged to provide his performance that in the report of this amount to this value.
§ 2. The King may, for certain risks, limit or prohibit the underinsured and the application of the proportional rule.
Apportionment of the burden of loss in case of plurality of contracts article 99 § 1. If interest is insured against the same risk from several insurers, the insured may, disaster, request compensation to each insurer within the limits of the obligations of each of them, and to the amount of the compensation to which he is entitled.
Except in the case of fraud, none of the insurers cannot avail themselves of the existence of other contracts covering the same risk to deny coverage.

§ 2. Unless otherwise agreed between the insurers about another mode of distribution, the burden of loss is distributed as follows: 1 ° if the value of the insurable interest is determinable, is allocated between insurers proportionally to their respective obligations;
2 ° If the value of the insurable interest is not determinable, is allocated equally among all contracts up the common maximum amount provided by the set of contracts; without taking it not be more account of contracts which effectively granted coverage reached the latter amount, any balance of the allowance is distributed equally between the other contracts, this technique of distribution being reproduced by successive instalments up to the height of the total amount of compensation or actually guarantees by all contracts;
3 ° when one or more insurers may pay all or part of their quota, it is distributed among the other insurers in the manner provided under 2 °, without however that the amount insured by each can be exceeded.
§ 3. When one or more insurers may pay all or part of their assessed contributions, other insurers have against them a right of recourse insofar as they assumed extra burdens.
Death of the beneficiary policyholder of the guarantee article 100. in the case of transmission, on the death of the policyholder, the insured interests of, the rights and obligations arising from the insurance contract are forwarded to the new holder of that interest.
However, the new holder of the interest insured and the insurer may notify the termination of the contract, the first by registered letter within three months and forty days of the death, the second in the manner prescribed by article 84, § 1, within three months of the day where he had knowledge of the death.
Contracts concluded intuitu personae s.
101. by way of derogation from article 100, the contract which has been concluded consideration of the person of the insured terminates of right on the latter's death.
CHAPTER 3. -Provisions specific to insurance related lump sum insurable interest art. 102. the beneficiary must have a personal interest and lawful to the occurrence of the insured event.
There is sufficient justification for this interest when the insured has given his consent to the contract.
Absence of subrogation article
103. unless agreed otherwise, the insurer who ran the insured benefits is not subrogated against third parties in the rights of the policyholder of insurance or the beneficiary.
Cumulation of allowances and benefits article
104. unless agreed otherwise, allowances or benefits that the recipient gets to another title do not reduce the obligations of the insurer.
TITLE III. -Insurance of damage Chapter 1. -Provisions general principle Indemnitee s. 105. any insurance has an indemnity.
Cost of rescue s. 106. the costs as well the measures requested by the insurer for the purposes of preventing or mitigating the consequences of the accident as urgent and reasonable measures catch of initiative by the insured to prevent the disaster in the event of imminent danger or, if the disaster began, to prevent or mitigate the consequences are borne by the insurer when they were exposed as a good father even though made stagecoaches would have been without result. They are his responsibility even beyond the insured amount.
The King may, for contracts of the liability insurance other than that covered by Act of 21 November 1989 on the compulsory insurance of the responsibility for motor vehicles and for the things insurance contracts, limit the fees referred to in paragraph 1 of this article.
CHAPTER 2. -Contracts of insurance of things Section Ire. -Provisions common to all things sub-section 1st insurance. -Value insurable methods of evaluating art.
107. the parties may determine the manner in which goods are to be valued for their insurance.
By derogation from article 93, they can agree on a value of reconstruction, rebuilding or replacement, even without to deduct depreciation resulting from aging.
The insured amount s. 108. the insured amount is fixed by the policyholder. This amount is supposed to be equal to the value of insurable interest if it is fixed in agreement with the agent of the insurer.
The parties may agree that this amount will be adapted automatically according to the criteria which they shall determine.
Agreed value art. 109. the parties may expressly accept the value they intend to assign to specified property. This value calls upon them, except fraud.
If the insured property in agreed value comes to lose a significant part of its value, however, each of the parties is based to reduce the amount of the agreed value or to terminate the contract.
Sub-section 2. -Obligations of the insured State of the art. 110. the insured may not, on his own authority, contribute unnecessarily to the much more sinister of the changes such as to render impossible or more difficult the determination of the causes of the disaster or the estimate of the damage.
If the insured does not fulfil its obligations referred to in paragraph 1 and resulting in a prejudice to the insurer, it has the right to claim a reduction of its delivery to the extent of the injury he has suffered or to claim damages.
The insurer may decline coverage if, with intent to defraud, the insured person has not executed the obligation referred to in paragraph 1.
Sub-section 3. -Assignment inter vivos assignment inter vivos of an insured thing s. 111 § 1.
In case of transfer inter vivos of a building, the insurance terminates full three months after the date of execution of the authentic deed.
Until the expiry of the period referred to in paragraph 1, the guarantee granted to the transferor is acquired to the assignee, unless the latter has a warranty from another contract.
§ 2. In case of transfer inter vivos of a Cabinet, the insurance

ends right as soon as the insured no longer has possession of the property, unless the parties to the insurance contract shall agree on another date.
Subsection 4. -Payment of the allowance and privilege of the insurer creditors and mortgage articles 112. to the extent that the compensation due as a result of the loss or the deterioration of property is not fully applied to the repair or replacement of the property, it is set to payment of debts privileged or mortgage, according to the rank of each of them.
Nevertheless, the payment of compensation to the insured releases the insurer if creditors whose privilege is not the subject of an advertisement not previously formed opposition.
Paragraphs 1 and 2 do not affect the legal provisions relating to direct actions against the insurer in particular cases.
Bankruptcy of the insured article 113. in the case of bankruptcy of the insured, the compensation is equivalent to mass bankrupt.
However, if certain insured property are exempt, the compensation due under the contract of insurance of the goods returned to the bankrupt.
Privilege of the insurer s. 114. the insurer has a lien on the thing insured for the premium in respect of the period during which it covered actually risk. The privilege does exist, irrespective of the terms of payment of the premium, for an amount equal to two annual bonuses.
This privilege is exempt from any registration.
It ranks immediately after legal costs.
Section II. -Provisions specific to certain assurances of things sub-section 1. -The insurance against fire guarantee normal s. 115. unless otherwise agreed, the insurance against fire ensures the property insured against damage caused by fire, lightning, by the explosion, by the implosion as well as by the fall or the striking of navigation devices aerial objects that fall or that are proposed or the striking of all other vehicles or animals.
Warranty extensions s.
116. even when the loss occurs outside the property insured, the insurance coverage extends to damage to these by: 1 ° the emergency or any suitable means of extinction, preservation or rescue;
2 ° the demolition or destruction ordered to stop the progress of a claim;
3 ° collapses resulting directly and exclusively a disaster;
4 ° the fermentation or spontaneous combustion followed by fire or explosion.
Insurance of furniture art. 117 insured furniture that fills all or part of a building includes, apart from that which belongs to the insured, that of all people living in his home, the policyholder is deemed have subscribed to their benefit.
Nevertheless, the parties may agree to exclude the insured furniture some furniture determined in the contract.
Insurance related responsibilities art. 118. unless agreed otherwise, the liabilities incurred as a result of a disaster insurance knocking property designated by the contract and whose cause or object referred to in articles 115 to 117 does not cover damage resulting from bodily injury.
S. exclusivity clauses 119. the insurer cannot compel the policyholder to ensure by him: 1 ° the increase of the amounts provided.
2 ° of damage other than that originally guaranteed.
Paragraph 1 does not prejudice the application of article 108, paragraph 2.
Rights of mortgage and privileged creditors art.
120 § 1. No exception or forfeiture arising from a posterior to the sinister fact may be invoked by the insurer to the creditor enjoying on the property insured a right preference known to the insurer.
§ 2. The suspension of the warranty of the insurer, the reduction of the amount of the insurance and the termination of the contract are enforceable against creditors referred to in paragraph 1.
However, if one of these creditors has advised the insurer of the existence of his preferential right, the suspension, reduction or termination it will be enforceable only after the expiry of the time limit of one month from the notification that the insurer actually by registered letter.
The period commences on the day following the day when the letter was filed.
When the suspension or termination occurred as a result of non-payment of the premium by the policyholder, the creditor may avoid the consequences on payment, within one month of the notification made by the insurer, increased overdue premiums if interest and judicial collection costs.
Payment of the allowance art. 121 § 1. The parties may agree that the allowance is payable only as rebuilding or reconstruction of the property insured.
The failure of reconstruction or reconstitution of said property for a cause unrelated to the will of the insured is without effect on the calculation of the allowance, except that it renders inapplicable the value clause to nine.
§ 2. With regard to the simple risks identified by the King, compensation is paid in the following manner: 1 ° the insurer shall pay the amount intended to cover relocation expenses and other costs of necessities at the latest within fifteen days following the date of the communication of evidence that those costs were exposed;
2 ° the insurer pays part of the observed unquestionably due compensation by mutual agreement between the parties within thirty days following the agreement. In case of contestation of the amount of the indemnity, the insured refers to an expert who will set the amount of compensation in consultation with the insurer. Failing an agreement, the two experts shall appoint a third expert. The final decision on the amount of compensation is then taken by the experts to the majority of the votes. The costs of the expert appointed by the insured and where appropriate the third expert are advanced by the insurer and shall be borne by the party to which he has not given reason.
The closing of the expertise or the fixing of the amount of the damage must occur within ninety days following the date on which the insured notified the insurer of the designation of its expert. Compensation shall be paid within 30 days following the closing date of the expertise or, failing that, the date of fixing the amount of the damage;
3 ° in case of reconstruction or reconstitution of the property, the insurer shall pay to the insured within thirty days following the closing date of the expertise or, in default, the date of fixing the amount of the damage, a first instalment equal to the minimum compensation fixed in paragraph 4, 1 °, b).
The rest of the allowance can be paid in increments as the progress of reconstruction or reconstitution insofar as the previous tranche is exhausted.
The parties may agree after the disaster another distribution of payment of instalments of compensation;
4 ° in case of replacement of the sinister building by the acquisition of another building, the insurer shall pay to the insured within thirty days following the date of closing of the expertise or, in the absence of expertise, the fixing of the amount of the damage, a first instalment equal to the minimum compensation fixed under subsection 4, 1 °, b).
The balance is paid to the transfer of the deed of acquisition of the replacement property;
5 ° in all other cases, the allowance is payable within thirty days following the date of closing of the expertise or in default date of the fixing of the amount of damage;
6 ° the closing of expertise or the estimate of the damage referred to 3 °, 4 ° and 5 ° above must occur within ninety days following the date of the declaration of the loss.

§ 3. The time limits laid down in paragraph 2 shall be suspended in the following cases: 1 ° the insured has not executed, at the date of closing of the expertise, all obligations borne by the insurance contract. In this case, time limits begin to run the day after the insured has executed such contractual obligations;
2 ° it is a flight or there are presumptions that the loss can be caused by an intentional act on the part of the insured or the beneficiary of insurance.
In this case, the insurer may reserve the right to remove previously repressive record.
The authorization request to review must be made no later than within thirty days of the closing of expertise ordered by him. Payment should take place within the thirty days which the insurer became aware of the conclusions of the said folder, provided that the insured or the beneficiary, claiming the allowance, is not criminally prosecuted;
3 ° the loss is due to a natural disaster defined in subsection 2 of this section. In this case, the Minister that economic affairs may extend the time limits specified in paragraph 2, 1 °, 2 ° and 6 °;
4 ° the insurer made known in writing to the insured reasons beyond its will and its agents that prevent the closing of the expertise or the estimation of damage referred to in paragraph 2, 6 °.
§ 4. 1 °. Without prejudice to the application of the other provisions of this Act that reduce the allowance, the allowance referred to in paragraph 2 may not be less: a) in the case of insurance value, when the insured rebuilt, reconstructs or replaces the much more sinister, 100% of this value to new, obsolete deducted pursuant to paragraph 5.
However, if the price of reconstruction, recovery or replacement value is less than the calculated allowance for the much more sinister in value at the date of loss, the compensation is at least equal to

This rebuilding, reconstruction or replacement value plus 80% of the difference between the compensation originally provided and this value of reconstruction, reconstruction or replacement minus the percentage of dilapidated the much more sinister and duties and taxes that would be owed on this difference, dilapidated deducted, in accordance with paragraph 5;
(b) in the case of insurance value, when the insured not rebuilt, not restores or replaces not the much more sinister, 80% of this value to new, obsolete deducted, in accordance with paragraph 5;
(c) in the case of insurance in any other value, 100% of this value;
2 ° in case of reconstruction, reconstruction, or replacement of the much more sinister, the compensation referred to in paragraph 2 includes all duties and taxes whatsoever;
3 ° If the contract has an automatic adjustment formula, the allowance for the sinister building, calculated at the day of the disaster, reduced by the indemnity already paid, shall be increased on the basis of the last known index increase at the time of the incident, during the normal period of reconstruction that begins to run from the date of the loss while the thus increased total compensation cannot exceed 120% of the initially fixed allowance nor exceed the total cost of reconstruction.

§ 5. In the case of insurance in replacement value, the aging of a much more sinister or the affected part of a property cannot be deducted if it exceeds 30% of the replacement value.
§ 6. Paragraphs 1, 4 and 5 shall not apply to the liability insurance.

§ 7. Failure to the time limits referred to in paragraph 2, the portion of the award that is not skilled in door right interest periods at double the rate of interest legal effect from the day following expiry of the time limit to the actual payment, unless the insurer proves that the delay is not attributable to himself or to one of its agents.
Own right of the owner and the third article 122. the compensation payable by the insurer of the tenants legal liability is vested, as in the case of lease sublease, to the owner of the leased property, excluding other creditors of the tenant or the sub-tenant.
The compensation payable by the insurer of the appeal of third parties is vested exclusively in the latter.
The owner and third parties possess an own right against the insurer.
Sub-section 2. -The insurance against natural disasters in relation to simple risk coverage of natural disasters article
123. the insurer for the insurance of things relating to the fire risk, which covers the simple risks as defined pursuant to article 121, § 2, delivers mandatory coverage of natural disasters listed below according to the conditions laid down in this subsection: has) the earthquake;
(b) the flood;
(c) the overflow or discharge to public sewers;
(d) the landslide or land subsidence.
Any suspension, invalidity, expiration or cancellation of the guarantee of natural disasters causes of right to collateral risk fire. Similarly, any suspension, invalidity, expiration or termination of collateral at fire risk results in full the guarantee of natural disasters.
The perils covered by this subsection together form a single guarantee that cannot be limited to a proportion of the amounts that are provided on the building and content only according to the rules determined by the King.
Unless otherwise provided, the provisions of subsection 1 apply to warranty covered by this subsection.
Natural disaster: definition art. 124 § 1. By natural disaster, is meant: has) or a flood, i.e. a flooding of rivers, canals, lakes, ponds or seas due to atmospheric precipitation, runoff of water resulting from the lack of absorption of soil response to atmospheric precipitation, melting snow or ice, rupture of dams or tidal waves, as well as landslides and land subsidence resulting therefrom;
(b) is a naturally occurring earthquake which - destroys, breaks or damage insurable property against this peril in the 10 kilometres of the insured building, - or has been registered with a minimum magnitude of 4 degrees on the Richter scale, as well as floods, spills and discharge to public sewers, landslides and land subsidence resulting therefrom;
(c) an overflow or a public sewer backup caused by flooding, atmospheric precipitation, storm, a melting of snow or ice or a flood;
(d) is a landslide or land subsidence, i.e. a movement of a large mass of land which destroyed or damaged property, due in whole or in part to one natural phenomenon other than a flood or an earthquake.
§ 2. (Can be used for determining the natural disasters referred to in paragraph 1, a) to (d)), the measures undertaken by competent public establishments or, failing this, private, that have the required scientific skills.

§ 3. The King may, by Decree deliberated in the Council of Ministers, extend the list of the natural disasters referred to in paragraph 1.
Natural disaster: uniqueness s.
125 § 1. Are considered a single earthquake, the initial quake and its aftershocks occurred in 72 hours, as well as the insured perils that result directly.
§ 2. Are considered a single flood, the initial flurry of a course of water, a channel, a Lake, a pond or a sea and any overflow occurred in a period of 168 hours after the recession, i.e. the return of this stream, this canal, Lake, pond or sea in its traditional boundaries, as well as the insured perils that result directly.
Scope of the cover art. 126. the guarantee shall cover at least: has) damage caused directly to the property insured by a disaster natural as defined in article 124 or an insured peril resulting directly, including fire, explosion, including the explosives, and the implosion.
b) damage to insured property resulting from measures taken in the case by a legally constituted authority for the safeguarding and protection of goods and people, including the floods resulting from the opening or the destruction of locks, dams and dykes to prevent possible flooding or the extension thereof;
(c) clearing and demolition charges necessary to reconstruction or reconstitution of the damaged insured property;
(d) for a dwelling, the relocation costs incurred during the three months following the occurrence of the disaster when tenancies have become uninhabitable.
The King may impose additional minimum requirements concerning the warranty.
General exclusions s.
127 § 1. Are in principle excluded from the security provided by this subsection, except as expressly provided in the contract of insurance, not at crops, sharp flocks off building, soil, crops and forest stands.
§ 2. May be excluded from the warranty covered by this subsection: has) the objects outside the buildings unless they are fixed permanently.
b) structures easy to move or remove, dilapidated or under demolition and their possible content, unless these buildings constitute the main housing of the insured;
(c) the shelter garden, sheds, garage and their possible content, fences and hedges of any nature, gardens, plantations, access and course, terraces, as well as the extravagant nature such as swimming pools, tennis courts and golf courses.
d) the buildings or parts of new construction, conversion or repair and their possible content, unless they are manned or normally habitable;
(e) land, air, sea, Lake and river and bodies);
f) goods transported;
(g) repair of damage property is organized by specific laws or international conventions;
h) damage caused by any source of ionizing radiation;
i) theft, vandalism, damage buildings and securities committed during a robbery and an attempted robbery and tampering made possible or facilitated by a covered loss.
§ 3. The King may clarify the exclusions referred to in the preceding paragraphs.
Exclusions for the risk flooding and overflow and discharge to public sewers s. 128 can be excluded from the security provided by this subsection but only with regard to flooding and overflows and public sewer backup, risking damage to the contents of the cellars stored within 10 cm of the soil, with the exception of heating, electricity and water facilities which there are permanently fixed.
Cellar, means any room in which the ground is located more than 50 cm below the level of the main entrance to the living rooms of the building that contains, with the exception of the cellar premises arranged permanently in parts of housing or for the exercise of a profession.
Areas at risk art.
129 § 1. Risk areas, means places that have been or may be exposed to repetitive and significant flooding.
§ 2. The King determines, in accordance with the regions, the criteria on the basis of which they must formulate their proposals on demarcation of risk areas.

The King then delimits the areas at risk.
It cannot extend or reduce areas at risk in accordance with the regions. It finally sets the terms of the release of high-risk areas.
§ 3. By way of derogation from article 123, paragraph 3, the insurer for the insurance of things relating to the risk fire may refuse to issue a blanket against the flood when it covers a building, part of a building or the contents of a building which were built more than eighteen months after the date of publication in the Moniteur belge of the royal decree classifying the area where this building is located as an area at risk in accordance with paragraph 2.
The goods referred to in the preceding paragraph are property under construction, transformation or repair which are definitively closed with doors and windows completed and asked to remain and which are permanently and fully covered.
This derogation also applies to extensions to the ground of the property prior to the date of filing referred to in paragraph 1.
This derogation is not applicable to the goods or parts of goods that are rebuilt or restored after a disaster and which correspond to the value of reconstruction or reconstitution of assets prior to the disaster.

§ 4. The information on the fact that a property is located in an area at risk is provided:-the acquisition Committee or the notary, in the deed, in the case of conveyance of right in rem in immovable property;
-by the architect, in writing in the contract, in the case of construction, restoration or extension of a real estate;
-by the assignor in writing in the contract, in the case of conveyance of right in rem in immovable property;
-by the lessor, in writing, in the contract or a specific document, for real property given in rental and erected after the delimitation of areas at risk;
-by officers designated for this purpose by the King;
-by communal administrations with regard to areas at risk located on their territory.
Payment of the allowance art. 130 § 1. Except where paragraph 2, compensation is paid according to the provisions of article 121.
The insurance contract cannot apply for natural disasters and other exceptional risk, risks a franchise more than 610 euros per claim. This amount is linked to the evolution of the consumer price index, index basis being that of December 1983, either 119,64 (Base 1981 = 100).
§ 2. The insurer may limit the total compensation it will have to pay upon the occurrence of a natural disaster to the lesser of those obtained by applying the following formulae: a) (0.45 x P + 0.05 x S) with a minimum of 2,000,000 euros;
(b) (1.05 x 0.45 x P) with a minimum of 2,000,000 euros.
where: P is the collection of premiums and accessories, excluding costs of acquisition and commissions, guarantees fire and related perils more electricity from the simple risks referred to in article 121, paragraph 2, payment made by the insurer during the accounting year preceding the disaster.
S is the amount of compensation payable by the insurer for one natural disaster other than an earthquake exceeding the amount of 0.45 x P.
In the case of an earthquake, the insurer may limit the total compensation that it must pay the lesser of those obtained by applying the following formulae: a) (1.20 x P + 0.05 x is) with a minimum of 2,000,000 euros;
(b) (1.05 x 1.20 x P) with a minimum of 2,000,000 euros.
where: P is the collection of premiums and accessories, excluding costs of acquisition and commissions, guarantees fire and related perils more electricity from the simple risks referred to in article 121, paragraph 2, payment made by the insurer during the accounting year preceding the disaster.
Is the amount of compensation payable by the insurer for an earthquake exceeding 1.20 x P.
The amount of 2.000.000 euros, referred to in this paragraph, is indexed in accordance with the requirement of article 19, paragraph 3, of the royal decree of 22 February 1991 on the general regulation on the control of insurance companies and published by the Bank.
§ 3. When an insurer shall apply the provisions of the preceding paragraph, the allowance payable under each of the insurance contracts it has concluded, is reduced to due competition when the limits prescribed in article 34-3, paragraph 3, of the law of July 12, 1976 on to repair some damage to the private property by natural disasters are exceeded.
Office of pricing art. 131 § 1. To ensure coverage of the risks covered by this subsection, the King puts in place a pricing Office that aims to clarify the tariff conditions for risks which are not coverage. Except in the cases referred to in article 129, § 3, any interested candidate insurance has access to the fare conditions of the Office of pricing in accordance with what is provided for in paragraph 2.
The King sets the date of entry into force of the Bureau.
The Bureau's pricing is not considered to be an insurance intermediary within the meaning of article 5, 20 °.
§ 2. The insurer, who refuses a taker candidate of insurance or which offers a premium or a franchise that exceeds the fare conditions of the Office must communicate initiative takers candidates to insurance tariff pricing Office conditions and simultaneously inform the buyer candidate of insurance that it may possibly apply to another insurer.
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3. The Bureau shall consist of four members representing insurance companies and four members representing consumers, appointed by the King for a term of six years.
The members of the Bureau are chosen on a double list presented by professional associations of insurance undertakings and the associations that could represent the interests of consumers.
For a term of six years, the King appoints a president not belonging to the above categories.
The King sets the compensation to which the president and the members of the bureau of pricing are entitled.
The King is also for each Member an alternate. The alternates are selected in the same way as full members.
The Bureau may call experts not having deliberative way.
Ministers having the economy, the Interior and the Protection of the consumer in their attributions may delegate an observer with the Bureau.
Unless otherwise decided by the King, the Office operates in the context of the National Fund of the calamities referred to in article 35 of the law of July 12, 1976 on to repair some damage to the private property by natural disasters, which ensures the secretariat and the daily management.
§ 4. The King determines the conditions of operation of the Office and the obligations of insurers.
§ 5. The risks of natural disasters tariffed conditions of the Office are insured by all insurers offering fire insurance against ordinary risks in Belgium. These risk management is assumed by the insurer to the contract of insurance of things relating to risk fire simple risk of the policyholder or, failing that, by a different insurer chosen by the buyer candidate of insurance in this group of insurers that cover the simple risks fire in Belgium. The result of this management as well as the operating costs of the Office are distributed among insurers offering fire insurance against ordinary risks in Belgium.
§ 6. The Office shall annually report its operation.
This report includes an analysis of the tariff conditions applied by insurers. It is transmitted without delay to the federal legislative chambers.
Disaster Compensation Fund natural art. 132 § 1. The King approved the conditions it determines, a natural disaster Compensation Fund, hereinafter referred to as Caisse de Compensation, which mission is to attach the distribution key of the burden of claims for which risks have been priced Office conditions, between all insurers who offer simple fire risk insurance in Belgium.
The King may also entrust to the Compensation Fund, under the coverage of natural disasters, a mission of coordination between an insurer and the National Fund of calamities.
§ 2. The King approves the statutes and regulates the activities of the Caisse de Compensation control. It indicates the actions which must be the subject of a publication in the Moniteur belge. If necessary, the King created the Caisse de Compensation.
§ 3. Insurers who practice the simple risk fire insurance in Belgium are jointly and severally bound, the Caisse de Compensation, make the necessary payments for the accomplishment of its mission and to support the operating costs.
If the Compensation Fund is created by the King, a royal decree sets the rules for calculation of payments by insurers each year.
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4. The approval shall be withdrawn if the Caisse de Compensation does not act in accordance with the laws, regulations, or statutes.
In this case, the King may take all measures necessary to safeguard the rights of policyholders, insured persons and injured persons.
The Caisse de Compensation remains subject to control during the period of the liquidation.
The King appoints a special liquidator responsible for liquidation.
Sub-section 3. -Crop termination article disaster insurance 133. by way of derogation from article 86, when insurance of crops,

the insurer has reserved the right to terminate the contract after the occurrence of a loss, this termination can have effect only after the expiry of the normal period of crops.
Subsection 4.
-Credit insurance and suretyship insurance scope art. 134. this sub-section applies to insurance contracts which were intended to guarantee the insured against the risk of non-payment of receivables and other risks which are comparable and that are determined by the King.
Inapplicable or suppletive legal provisions art. 135. articles 57, 60, 81, 85, 86, 87, 90 and 95 are not applicable to credit insurance and suretyship insurance.
Articles 66, paragraphs 2 and 3, and 80 are proxy as regards credit insurance and suretyship insurance.
Exclusions s.
136. this part shall not apply: 1 ° credit insurance and suretyship insurance guaranteeing foreign receivables;
2 ° insurance falling within the Office national du Ducroire and the issues directly or indirectly for the account or with the guarantee of the State in pursuance of the Act of August 31, 1939, on the national Delcredere Office.
Final refusal of the guarantee article 137. Notwithstanding sections 71, paragraph 2, and 72, where the policyholder does not the payment of the premiums due within one month from the summons to pay, the insurer has the right to permanently refuse coverage; in this case, the policyholder remains held for the payment of overdue premiums.
Omission or inaccuracy unintentional in the declaration of risk and aggravation of risk art. 138. unless otherwise provided, the following rules apply: § 1. When the omission or inaccuracy in the declaration are not intentional, the insurer may reduce its benefit in the relationship between the premium paid and the premium that the policyholder would have had to pay if it had regularly declared the risk. Nevertheless, the insurer may decline coverage if it determines that the actual risk would in any case assured. In this case, it renders the premium.
If a circumstance unknown to both parties at the conclusion of the contract comes to be known of it running, it will be made application of paragraph 2 if that circumstance constitutes an aggravation of the risk insured.
§ 2. When, during the execution of a contract, the risk of occurrence of an insured event has worsened, the policyholder must immediately make a statement to the insurer.
If a disaster occurs and that the policyholder had failed, with fraudulent intent, to declare the aggravation, the insurer has the right to decline any warranty and retain the premium.
If the policyholder is in good faith, the insurer may reduce its delivery according to the ratio of the premium paid and the premium that the policyholder would have had to pay if the worsening had been taken into account. Nevertheless, the insurer may decline coverage if it is established that the risk would in any case assured.
In this case, it renders the premium.
Use of the insurer s. 139. all rights and actions of the insured relating to the claim that the subject of the insurance are transferred to the insurer who has compensated, even partially, the insured.
Articles 1689 to 1701 and 2075 of the civil Code shall not apply to the transfer of rights and actions referred to in paragraph 1.
Unless otherwise agreed, all sums recovered after a disaster are prorated between the insurer and the insured their respective shares in the loss.
If, due to the insured, the transfer can no longer produce its effects for the insurer, may claim restitution of the compensation paid to the extent of the harm suffered.
Transfer of rights and obligations arising from the contract article 140. the assignment to a third party's rights and obligations arising from a contract of credit insurance and suretyship insurance is enforceable against the insurer unless it has given his consent in writing.
CHAPTER 3. -Contracts of insurance scope art. 141. This chapter is applicable to insurance contracts which were intended to guarantee the insured against any claim for compensation based on the occurrence of the damage provided for in the contract, to take, within the limits of the guarantee, any debt resulting from an established responsibility free heritage.
Obligations of the insurer after the expiry of the contract article 142 § 1. Door coverage on the injury that occurred during the duration of the contract and extends to the claims made after the termination of this contract.

§ 2. For branches of civil liability General, other than for motor vehicles liability, the King determines, the parties may agree that insurance coverage is only in repair requests in writing against the insured or the insurer for the duration of the contract for damage occurring during the same period.
In this case, are also taken into consideration, provided that they are formulated in writing against the insured or the insurer within a period of thirty-six months from the end of the contract, claims that relate:-for damage occurring during the term of this contract if at the end of this contract, the risk is not covered by another insurer.
-acts or facts that may give rise to damage, occurred and disclosed to the insurer during the term of this agreement.
Direction of the article dispute 143. from the moment where the guarantee of the insurer is due, and provided that it is appealed, it has the obligation to take and cause to the insured within the limits of the guarantee.
With regard to civil interests, and to the extent where the interests of the insurer and the insured coincide, the insurer has the right to fight, instead of the insured, the claim of the injured party. It can compensate the latter if applicable.
These interventions of the insurer do not imply any admission of liability on the part of the insured and may cause him harm.
Transmission of parts art.
144. any judicial or extra-judicial relative to a disaster must be forwarded to the insurer as soon as notification, its meaning or its delivery to the insured, under penalty, negligence, of all damages due to the insurer for compensation for the damage he has suffered.
Failure to appear s.
145 when negligent the insured does not appear or does not comply with a measure of inquiry ordered by the Court, it must make good the loss suffered by the insurer.
Payment by the insurer of the principal, interest and costs article 146 A competition of coverage, the insurer shall pay the compensation due in principal.
Even beyond the limits of the guarantee, the insurer pays the interest on the compensation due in principal.
Even beyond the limits of the guarantee, the insurer pays the costs of civil actions as well as the fees and expenses of counsel and experts, but only insofar as these expenses have been incurred by him or with his consent or, in the case of conflict of interest that is not attributable to the insured, provided that these costs were not incurred unreasonably.
The King may, for the risks covered in the contracts of the other liability insurance covered by Act of 21 November 1989 on compulsory insurance of liability for motor vehicles, limiting the interest and charges referred to in paragraphs 2 and 3.
Free disposal of the Arts Award 147. the injured person has freely the compensation payable by the insurer. The amount of this allowance may vary depending on the use that will make the injured person.
Receipt for account balance s. 148. a receipt for partial account balance or any account balance does not imply that the injured person waives his rights.
A receipt for any account balance must mention the elements of damage linked to this account.
Compensation by the s. insured 149. the compensation or promise of compensation of the injured party made by the insured without the agreement of the insurer is not opposable has the latter.
The admission of the materiality of a made or supported by the insured to the first monetary aid and immediate medical care may not be a cause for refusal of warranty by the insurer.
Own right of the injured art. 150 insurance brought an own right against the insurer for the benefit of the injured person.
The compensation payable by the insurer shall be forfeited to the injured person, excluding other creditors of the insured.
If there are several injured and if the total of the allowances due exceeds the sum insured, the rights of injured parties against the insurer are reduced proportionally up this amount. However, the insurer that contributed in good faith to a person aggrieved a sum greater than the share due to him, because he was unaware of the existence of other claims, remains liable towards other injured parties only to the extent of the rest of the sum insured.
Enforceability of such exceptions, nullity and forfeiture article 151 § 1. In compulsory insurance of civil liability exceptions, franchisees, nullity and forfeiture arising from law or the contract, and finding their cause in an anterior or posterior to the sinister fact shall not be demurrable to the injured person.
However be demurrable to the injured person cancellation, termination, expiry or suspension of the contract, spoken before the occurrence of the disaster.
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2. for other categories of civil liability insurance, the insurer may oppose the aggrieved person such exceptions, nullity and forfeiture arising from law or the contract and their cause in a previous disaster fact.
However, the King may extend the scope of paragraph 1 to the classes of insurance of non-compulsory civil liability as it may determine.
Right of recourse of the insurer against the policyholder s.
152. the insurer may reserve a right to appeal against the policyholder and, if applicable, against the insured other than the policyholder to competition on the part of responsibility personally, insofar as he could refuse or reduce its benefits according to the law or the contract of insurance.
Under penalty of losing its right to appeal, the insurer has the obligation to notify the policyholder, if applicable, to the insured other than the policyholder, his intention to lodge an appeal as soon as he has knowledge of the facts justifying that decision.
The King may limit the use in the case and to the extent that it determines.
Interventions in the proceedings article 153 § 1. No judgment is enforceable against the insurer, the insured or the injured party whether they were present or called to the instance.
However, the judgment made in a proceeding between the injured person and the insured is enforceable against the insurer, if it is established that he, in fact, assumed the direction of the trial.
§ 2. The insurer may voluntarily intervene in the lawsuit filed by the injured party against the insured.
The insured can voluntarily intervene in the lawsuit filed by the injured party against the insurer.
§ 3.
The insurer may call the insured to the cause in the trial which it is brought by the injured party.
The insured may call the insurer to the cause in the trial which it is brought by the injured party.

§ 4. The policyholder, if it is other than the insured can voluntarily intervene or be implicated in any lawsuit against the insurer or the insured.
§ 5. When the trial against the insured person is brought before the Criminal Court, the insurer may be questioned by the injured person or the insured person and may be voluntarily, under the same conditions as if the trial was worn to the civil jurisdiction, without however that the Criminal Court may rule on the rights that the insurer may make claims against the insured or the policyholder.
CHAPTER 4. -Insurance of legal protection scope art. 154 articles 155-157 shall apply to contracts of insurance whereby the insurer undertakes to provide services and support costs to enable the insured to assert his rights as a plaintiff or defendant, either in one judicial, administrative or other proceedings or outside any procedure.
The defence of the insured person assumed by the insurer of liability under sections 143 and 146 is not covered by articles 155-157.
Fines and criminal transactions art. 155. no fine or criminal transaction cannot be the subject of a contract of insurance, except those who are in charge of the liable person and are unrelated to the laws and orders of execution related to traffic or road transport.
Free choice of the Arts Councils 156. any legal protection insurance contract stipulates explicitly at least that: 1 ° when one must resort to a judicial or administrative action, the insured has the freedom to choose to defend, represent or serve its interests, a lawyer or other person having the qualifications required by the law applicable to the proceedings;
2 ° every time a conflict of interests arises with its insurer, the insured has the freedom to choose, for the defence of its interests, a lawyer or, if he prefers, any other person with the qualifications required by the law applicable to the procedure.
The insurer's right to refuse its guarantee article 157. without prejudice to the possibility of initiating legal proceedings, the insured may consult a lawyer of his choice, in case of difference of opinion with his insurer on the attitude to adopt for settling the claim and after notification by the insurer of his views or his refusal to follow the thesis of the insured.
If counsel confirms the position of the insurer, the insured is reimbursed for half the cost and fees of this consultation.
So, against the advice of the lawyer, the insured proceedings at its own expense and gets a better result than that he would have obtained if he had accepted the perspective of the insurer, the insurer that did not follow the thesis of the insured is required to provide its guarantee and to reimburse the costs of the consultation which would have remained in charge of the insured.
If consulted counsel confirms the thesis of the insured, the insurer shall, regardless of the outcome of the procedure, to provide its guarantee including the costs and fees of the consultation.
TITLE IV. -Insurance of persons Chapter 1.
-Provisions common nominative nature of police s. 158. the police must be drawn up on behalf of the policyholder; It can be to order or to bearer.
Insurance of children in low-age art. 159. the King may impose special conditions on assurances which provide benefits in case of birth of a person stillborn or death of a person under the age of five years.
CHAPTER 2. -Life assurance contracts Section Ire. -Provisions general scope art. 160. This chapter applies to all contracts of insurance in which the occurrence of the insured event only depends on the duration of human life, even when reciprocal performance of the parties evaluated by them without taking into account the laws of occurrence. These assurances are deemed exclusively have a flat character. Articles 167 and 178 are also applicable to capital redemption operations.
The King may, by Decree deliberated in the Council of Ministers, taken on advice of the FSMA and the Bank, indicate the provisions of this chapter which are not applicable to the life assurance which it designates and clarify the rules which are applicable in place.
Cumulation and absence of subrogation article 161. for the purposes of this chapter, the otherwise authorized by sections 103 and 104 is void.
Section II. -Insured risk Incontestability s.
162. upon the taking effect of the life insurance contract, the insurer may no longer invoke the omissions or unintentional inaccuracies in the statements of the policyholder of insurance or the insured.
The King may permit the parties to defer the incontestability in conditions it shall determine.
Error on the age of the insured article 163. If the age of the insured is incorrectly declared, the benefits of each of the parties are increased or reduced depending on the actual age that ought to be taken into account.
Risks excluded art. 164. § 1. Unless otherwise agreed, the insurance does not cover the suicide of the insured occurred less than a year after the taking effect of the contract. Insurance covers suicide occurred a year or more than one year after the taking effect of the contract.
Evidence of suicide is the responsibility of the insurer.
§ 2. Unless agreed otherwise, the insurer does not guarantee the death of the insured: 1 ° death requesting the execution of a judicial sentence of capital punishment;
2 ° when there to cause immediate and direct a crime or an intentional tort which the insured is the author or co-author and he was able to foresee the consequences.
Occurrence of an excluded risk art. 165. in the event of the death of the insured as a result of an excluded risk occurs, the insurer pays the beneficiary the proceeds of the capitalization of the premiums paid for the period after the date of death and limited to providing in the event of death.
Section III. -Payment of premiums and effect of the contract payment of the first premium article
166. unless agreed otherwise, the life assurance contract only takes effect from the day the initial premium is paid.
Default in payment of a premium article 167. the default in payment of a premium does not give rise to any action in enforcement on the part of the insurer; he coached only, according to the rules laid down by the King, or the termination of the contract, namely the reduction of the benefit of the insurer.
Obligation to pay premiums arts. 168. the policyholder may, by one agreement other than the contract of insurance on the life that he concluded, commit to remain in the links of this last contract in paying premiums.
Section IV. (-Rights of the policyholder) assignment beneficiary Designation of beneficiary arts.
169 § 1. The policyholder has the right to designate one or more beneficiaries.
This right belongs exclusively and cannot be exercised by his or her spouse or by its representatives legal, nor by his heirs or successors, or its creditors.
Proof of the right of the beneficiary is established in accordance with article 64.
§ 2. The recipient must be a person whose identity is ascertainable when the insured benefits become payable.
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3. The insurer is released from any obligation when he made good faith payment to the recipient before receipt of any written amending the designation.
Absence of beneficiary arts.
170. when the insurance has no designation of beneficiary or beneficiary designation

that may effect, or where the beneficiary designation has been revoked, insurance benefits are due to the policyholder or to the estate of it.
Designation of spouse s. 171. when the spouse is named as beneficiary and remain, after the divorce, beneficiary within the meaning of section 193 or article 196, the benefit of the contract is kept remarriage of the policyholder, unless otherwise agreed.
When the spouse is not named as a beneficiary, the benefit of the contract is awarded to the person who has this quality when the liability of the insured benefits.
Designation of children arts. 172. where children are not named as beneficiaries, the benefit of the contract is awarded to people who have this quality when the liability of the insured benefits. The lineal descendants come by representation of the predeceased child.
Joint designation of children and the spouse as beneficiaries s. 173. when the spouse and children, with or without indication of their names, are jointly designated as beneficiaries, the benefit of the contract is assigned, unless otherwise agreed, half to the spouse and half to the children.
Designation of legal heirs as beneficiaries s. 174. when the legal heirs are designated as beneficiaries without indicating their names, insurance benefits are due, until evidence to the contrary or unless otherwise agreed, to the estate of the policyholder.
The arts beneficiary predecease 175. in the event of the death of the beneficiary before the chargeability of benefits insurance and even if the recipient agreed the benefit, these benefits are due to the policyholder or to the estate, unless it has designated another beneficiary in the alternative.
b) Revocation of the benefit right to revocation art.
176. as long as he had no acceptance by the beneficiary, the policyholder has the right to revoke the beneficiary allocation until the liability for the insured benefits.
The proof of revocation is established in accordance with article 64.
The right of revocation is exclusively owned by the policyholder. It may only exercise, excluding his spouse, his legal representatives, its creditors and, except in the cases referred to in article 957 of the civil Code, his heirs or assigns.
Effects of revocation art. 177. the revocation of the beneficiary allocation made lose the entitlement to the benefit of the insured benefits.
(c) redemption and reduction rights to the redemption and reduction s. 178. the right to the redemption and the right to reduction of the contract belong to the policyholder. These rights may be exercised by his or her spouse or his creditors. The King establishes the conditions of existence and exercise.
In the event of acceptance of the benefit, the exercise of the right to redemption is subject to the consent of the beneficiary.
(d) reinstatement of the contract reinstated s. 179 when the contract has been terminated for non-payment of the premium or has been reduced, it can be reinstated in the cases and under the conditions laid down by the King.
e) advance on benefits provided by the contract law in advance article 180. the right to obtain an advance on the insured benefits the insurer owned by the policyholder. This right may be exercised by his or her spouse or his creditors.
The King establishes the conditions of existence and exercise.
In the event of acceptance of the benefit, the exercise of the right in advance is subject to the consent of the beneficiary.
(f) the rights arising from the contract right pawning pledge art. 181. the rights arising from the insurance contract can be pawned; they can be provided by the policyholder insurance, excluding his spouse and his creditors.
In the event of acceptance of the benefit, pledging is subject to the consent of the beneficiary.
Form art. 182. the pawning of the contract cannot be made by endorsement signed by the policyholder, the secured creditor and the insurer.
g) assignment of rights arising from the contract right of s. 183. the rights arising from the insurance contract may be transferred in whole or in part by the policyholder. This right of transfer cannot be exercised by his or her spouse or his creditors.
In the event of acceptance of the benefit, the exercise of the right of assignment is subject to the consent of the beneficiary.
Form art.
184. the transfer of all or part of the rights resulting from the contract may take place by endorsement signed by the assignor, the assignee and the insurer.
However, the policyholder may stipulate in the contract that at his death, all or part of his rights will be forwarded to the person designated for that purpose.
Section V. - rights of the beneficiary a) right to insurance law to insurance art. 185. by the mere fact of its designation, the beneficiary is entitled to insurance benefits.
This right becomes irrevocable acceptance of the benefit, without prejudice to the revocation of the donations provided for in articles 953 to 958 and 1096 of the civil Code, and subject to the application of article 175.
b) acceptance of the benefit right of acceptance s.
186. the recipient may accept the benefit at any time, even after insurance benefits become payable.
The acceptance fee belongs exclusively to the beneficiary.
It cannot be exercised by his or her spouse or his creditors.
Form art. 187. While the policyholder is alive, the acceptance may be done through an amendment to the police, bearing the signatures of the beneficiary, the policyholder of insurance with the insurer.
After the death of the policyholder, the acceptance may be express or implied. It does however have effect with respect to the insurer as if it is notified him in writing.
c) rights of the heirs of the policyholder against the recipient report or reduction in the event of death of the policyholder s.
188. in the event of the death of the policyholder, insurance benefit is, in accordance with the civil Code, subject to reduction, and provided that the policyholder has expressly specified in report.
d) rights of the creditors of the policyholder against the beneficiary insurance art.
189. the creditors of the policyholder have no right on insurance benefits due to the beneficiary.
Refund of premiums arts. 190. the creditors of the policyholder cannot claim to the beneficiary free of charge reimbursement incentives when payments of this Chief were clearly exaggerated given the situation in fortune of the policyholder and only where such payments were held in fraud of their rights within the meaning of article 1167 of the civil Code.
This refund may not exceed the amount of the insurance benefits due to the beneficiary.
Section VI. -Effects of divorce or the separation of body in insurance between spouses common property A. Divorce irretrievable disunity due rights of the policyholder during the proceeding in divorce articles 191. the exercise of the rights belonging to the policyholder under articles 169 to 184 is maintained during a divorce proceeding, except sections 1280 and 1283 of the Judicial Code.
Entitled to insurance benefits during the proceeding in divorce articles 192. insurance benefits become payable during a divorce proceeding are paid validly designated spouse as beneficiary, except sections 1280 and 1283 of the Judicial Code.
Right to insurance benefits applicable after transcription of divorce articles 193. subject to the application of article 299 of the civil Code, the benefits become payable after the transcript of divorce are paid validly to the divorced spouse designated beneficiary, unless in the same contract, another person not has been designated, namely as a beneficiary in the event of divorce or not, and that the insurer has been notified of divorce, or unless the spouses are agreed otherwise during the procedure of divorce or later and have informed the insurer of the new designation.
B. Divorce by mutual consent rights of the policyholder during the time of the events s. 194. the exercise of the rights belonging to the policyholder under articles 169 to 184 is maintained during the time of the events, unless the spouses are agreed otherwise pursuant to section 1287 of the Judicial Code. This agreement is enforceable against the insurer only after him have been notified.
Right to insurance benefits applicable during the time of the events s. 195. insurance benefits become due during the time of the events are validly paid by the insurer to the designated spouse as beneficiary, unless the spouses are agreed otherwise pursuant to section 1287 of the Judicial Code and have informed the insurer of the new designation.
Right to insurance benefits applicable after transcription of divorce articles 196. subject to the application of article 299 of the civil Code, the benefits become payable after the transcript of divorce are paid validly to the divorced spouse designated beneficiary, unless in the same contract, another person not has been designated, namely as a beneficiary in the event of divorce or not, and that the insurer has been notified of divorce, or unless the spouses are agreed otherwise pursuant to section 1287 of the Judicial Code and have informed the insurer of the new designation.
C. Separation of body

Separation of body art. 197 § 1. Articles 191 to 193 are applicable to the legal separation due to irreconcilable disunity.
§ 2. Articles 194 to 196 apply to the judicial separation by mutual consent.
CHAPTER 3. -Contracts of insurance of persons other than contracts of life insurance character of the article guarantees 198. the health insurance other than life assurance have an indemnity or a lump sum character according to what is determined by the will of the parties.
Lump sum character insurance other than life insurance art. 199. the King determines to what extent and in what manner the provisions of this Act relating to life assurance contracts are applicable to contracts of insurance of people to lump sum character for which the occurrence of the insured event depends not only of the duration of human life.
Choice of doctor s.
200. for its care, the insured has the free choice of doctor.
CHAPTER 4. -Contracts of Insurance Section Ire. -Provisions preliminary Definitions art.
201 § 1. Health insurance contract, means: 1 ° the health care insurance which guarantees, in case of illness or sickness and accident, benefits in respect to any preventive, curative medical treatment or diagnostic necessary the preservation or restoration of health.
2 ° insurance against incapacity for work which, sickness or illness and accident, compensate totally or partially the reduction or professional income loss due to the inability of a person's work;
3 ° the disability insurance which guarantees delivery in case of illness or sickness and accident;
4 ° the non compulsory care insurance that provides benefits in the event of total or partial autonomy loss.
Are excluded from the definition of the contract of insurance: has) temporary travel and assistance insurance guaranteeing the benefits referred to in paragraph 1;
b) insurance workers compensation law and the complementary accident insurance related;
c) accident insurance;
d) solidarity benefits referred to in article 1 of the royal decree of 14 November 2003 establishing the solidarity benefits linked to social supplementary pension schemes;
e) solidarity benefits referred to in article 1 of the royal decree of 15 December 2003 establishing the solidarity benefits linked to social pension agreements.

§ 2. Is meant by "health insurance contract related to the business" all health insurance contract concluded by one or more policyholders for the benefit of one or more persons linked professionally to the (x) policyholder (s) at the time of affiliation.
§
3. Is meant by "policyholder" the person to whom the insurance contract is concluded.
§ 4. Is meant by "secondary insured" health insurance contract-affiliated primary insured family members.
Section II. -Insurance illness not related to the business scope article 202. the provisions of this section are applicable to insurance contracts not related to professional activity.
These provisions are applicable to the policyholder of insurance, the policyholder and the secondary insured.
Duration of the contract of insurance article 203 § 1. Without prejudice to the application of articles 59, 60, 65, 69, 70, 71, 72 and 81 and apart from the case of fraud, contracts of insurance referred to in article 201, § 1, 1 °, 3 ° and 4 ° are concluded to life. Health insurance contracts referred to in article 201, § 1, 2 °, are worth up to 65 years of age or an earlier age if this age is the normal age to which the insured terminates completely and definitively to his professional activity.

§ 2. Without prejudice to the application of article 85, paragraph 3, contracts may be concluded for a limited period at the request of the policyholder and if it is in his interest.

§ 3. The provisions of this article shall not apply to insurance contracts offered as accessory to the main risk, whose duration is not life.
Tariff and contractual changes art. 204 § 1. Unless reciprocal portions and the exclusive application of the principal insured, as well as in the cases referred to in paragraphs 2, 3 and 4, the insurer can no longer make changes to the technical premium bases or the terms of coverage after the insurance contract has been concluded.
The modification of the technical basis of the premium and/or the terms of coverage, subject to the agreement reciprocal parts, 1st paragraph, cannot be in the interests of the insured.

§ 2. The premium, the deductible and the provision can be adapted to the maturity date annual premium based on the consumer price index.
§ 3. Premium, deductible and delivery can be customized by the due date annual premium and on the basis of one or more specific, to the costs of the services covered by private insurance if contracts and to the extent that the evolution of this or these indices exceeds that of the consumer price index.
The King, on the joint proposal of the Ministers who have insurance and Social Affairs within their remit and after consultation with the federal Centre of expertise (hereinafter "the Centre of expertise') health care, determines the method of construction of these indices.
To this end, it:-selects a set of objective and representative settings;
-determines the method of calculation of the values of these parameters;
-determines the respective weights of these parameters in the indices.
This method can be assessed by the Centre of expertise, at the joint request of the Ministers who have Social Affairs and insurance in their attributions.
On the basis of the method determined by the King, the FPS economy calculates and publishes annually the value of the index or indices, on the basis of the figures known to 30 June in the Moniteur belge. The publication of the result is no later than September 1. The terms of collaboration between the Centre of expertise and the FPS economy subject to a protocol signed between the two institutions.
The King may increase the frequency of the calculation and publication of the value of the index or indices.
Individuals and institutions who have the information necessary for the calculation are required to transmit to the Centre of expertise and the FPS economy at the request thereof.
§ 4. The application of this article shall not prejudice section 41 of this Act, or article 21octies of the law of 9 July 1975.
§ 5. The premium, the waiting period and the terms of coverage can be adapted in a reasonable and proportional way: 1. to changes in the profession of the insured, with respect to the non-mandatory healthcare insurance, insurance against incapacity for work, disability insurance and care insurance and/or 2. changes have occurred in the income of the insured, with respect to the inability to work insurance and disability insurance and/or 3. When it changed its status in the system of social security, with respect to the health care and insurance incapacity for work, provided that these changes have a significant influence on the risk or the cost or extent of benefits.
Incontestability s. 205. as soon as a period of two years has elapsed from the effective date of the insurance contract, the insurer cannot invoke section 60 with regard to omissions or inaccuracies unintentional in the declarations of the insurant of insurance or the insured, when these omissions or inaccuracies relate to a disease or a condition whose symptoms were already apparent at the time of the conclusion of the contract and which has not been diagnosed in the same period two-year-old.
The insurer cannot invoke any omission or inaccuracy unintentional when disease or a condition still manifested in any way at the time of the conclusion of the insurance contract.
Chronically ill and disabled persons arts.
206. the principal insured applicant who suffers from a chronic illness or disability and who has not attained the age of sixty-five years, is entitled to a health care insurance, on the understanding that costs related to illness or disability that exists at the time of the conclusion of the contract of insurance may, without prejudice to the application of article 205 be excluded from coverage. The premium shall be that which would be claimed in the same person if she wasn't sick chronic or disabled.
Without prejudice to articles 58 and 61 in respect of information relating to genetic data, a document that establishes with precision the disease or disability referred and costs excluded from coverage or which are the subject of limited coverage, is attached to the insurance contract.
The document model is arrested by the King.
Without prejudice to the competence of courts and tribunals, the litigation costs excluded from coverage or subject to limited coverage are first subject to a conciliation body constituted by the King by Decree deliberated in the Council of Ministers.
S. 207 § 1. The policyholder shall inform the insurer in writing or by electronic means, when a secondary insured leaves the contract of insurance and the new place of residence of the.

On the basis of these data, the insurer shall submit to the secondary insured, within 30 days, an offer of insurance complies with sections 203 and 204.
The insurer informs the secondary insured the offer also applies to members of his family. It cannot rely on the fact that the risk is already achieved.
The secondary insured has a period of 60 days to accept the insurance proposal in writing or electronically. The right to accept the offer shall lapse on the expiry of this period.
§ 2. The contract of insurance that the secondary insured agreed begins to run at the time where it loses the benefit of previous insurance.
Section III. -Individual pursuit of a health insurance contract related to the business terms and Conditions of grant s. 208 § 1. Unless she loses the benefit of the health insurance contract related to the business for the reasons referred to in articles 59, 60, 69, 70, 72 and 79 and, so general, fraud, anyone affiliated to an insurance professional activity has the right to sue, in whole or in part, this insurance individually when it loses the benefit of the insurance related to the professional activity without having to undergo a further medical examination nor duty complete a new medical questionnaire.
For this purpose, the policyholder shall, during the two years preceding the loss of the insurance contract related to the business who is being prosecuted, have insured continuously to one or more contracts of successive insurance subscribed with an insurance undertaking within the meaning of this Act.
§ 2. The policyholder or, in the event of bankruptcy or liquidation, the trustee or liquidator of the informed policyholder the policyholder, in writing or by electronic means, within thirty days of the loss of the benefit of the insurance related to the business of the moment of this loss and the possibility of continuing the contract individually. In addition, it shall inform the policyholder of the period in which he and where appropriate, the co-insured may exercise their right to the individual pursuit. The policyholder, in the event of bankruptcy or liquidation, the trustee or liquidator passes at the same time to the policyholder the coordinates of the insurance undertaking concerned.
The policyholder and, where appropriate, the co-insured each have a period of thirty days to inform the insurer of their intention to continue the contract of insurance related to the professional activity, in whole or in part, in writing or electronically. The time limit begins to run from the day of receipt of mail by which the policyholder or, bankruptcy or liquidation, the trustee or liquidator of the policyholder shall inform the policyholder in writing or by electronic means that it can decide whether to continue the health insurance contract related to the profession he lost the benefit individually. The policyholder and, where appropriate, the co-insured have the right to extend the time limit of 30 days, provided they inform the insurer in writing or electronically. This right must be served on him by the employer, in accordance with paragraph 1. This period expires in any case after one hundred five days from the day of the loss of the benefit of the insurance related to the professional activity.
The insurer has 15 days to submit to the policyholder and, where appropriate, to the co-insured, in writing or by electronic means, an insurance offer complies with articles 203 and 204. The insurer cannot rely on the fact that the risk is already achieved.
At the same time it addresses its offer, the insurer shall inform the policyholder and, where appropriate, the co-insured on the conditions of warranty, including covered benefits, exclusions, the delay.
He also reminded the policyholder and, where appropriate, co-insured the thirty day period, it has to accept the offer either in writing, or electronically.
The policyholder and, where appropriate, the co-insured have thirty days to accept the offer of insurance in writing or electronically. This period shall begin on the date of receipt of the offer of the insurer referred to in paragraph 3. The right to the individual pursuit shall lapse on the expiry of this period.

§ 3. When the co-insured loses the benefit of insurance related business for a reason other than the loss of the benefit of this insurance by the principal insured, have a period of one hundred co-insured five days, from the moment where he loses the benefit of supra, to inform the insurer, in writing or by electronic means, of its intention to exercise its right to individual pursuit.
The insurer has 15 days to make it, electronically or in writing, an insurance offer complies with articles 203 and 204. The insurer cannot rely on the fact that the risk is already achieved.
The co-insured has thirty days to accept the offer of insurance in writing or electronically.
This period shall begin on the date of receipt of the offer of the insurer referred to in paragraph 2. The right to the individual pursuit shall lapse on the expiry of this period.
§ 4. The insurance contract accepted by the insured shall commence at the time where he loses the benefit of the insurance related to the professional activity.
Information to be provided by the insurer s. 209 § 1. The insurer shall inform the policyholder of the possibility for the insured to individually pay a supplementary premium. The policyholder shall transmit this information without delay to the policyholder.
The payment of these additional premiums, provided that they have been paid year-by-year without interruption, has the effect that in the event of individual pursuit the premium referred to in article 211 is fixed taking into account the age of the insured at the time when he began to pay additional premiums.
The age chosen for the calculation of the premium referred to in article 211 be raised proportionately, in the case of temporary interruption of the payment of the supplementary premiums referred to in paragraph 2, on the basis of this interruption.

§ 2. If the insurer has failed to fulfill the duty to provide information referred to in paragraph 1, the premium of continued health insurance contract individually is, by way of derogation from article 211, calculated taking into account the age of the policyholder or the co-insured upon enrolment to insurance due to the professional activity. It belongs to the insurer to prove that it has fulfilled the duty to provide information referred to in paragraph 1.
If the policyholder has failed to transmit the information referred to in paragraph 1 to the policyholder, the policyholder is required to pay to the insurer the difference between the premium calculated on the basis of the age at the time of the exercise of the right of the individual contract pursuit and the calculated on the basis of the age of the policyholder at the time of its affiliation with the insurance activity-related professional. The premium for individually pursued health insurance contract that is claimed to the policyholder is also in this case, by way of derogation to article 211, calculated taking into account the age of the policyholder at the time of its affiliation with the insurance related to the professional activity. It belongs to the policyholder to demonstrate that it has transmitted the information referred to in paragraph 1.
Safeguards s. 210 § 1.
The continued health insurance contract individually offers at least guarantees similar to those offered by the contract of insurance related to professional activity pursued.
Individual health care insurance guarantees are regarded as similar if the following elements of the healthcare professional activity-related insurance are listed: 1 ° the choice of room: full or partial reimbursement or non-repayment of the costs incurred in a single, double room or common;
2 ° the reimbursement formula: (partial) reimbursement of actual costs or reimbursement of expenses on the basis of the level of reimbursement INAMI in the context of the legal health care insurance, or the possibility of a lump-sum intervention;
3 ° the pre - and post-hospitalization: taking in charge or not ambulatory costs associated with hospitalization and which occur within a period determined before or after hospitalization. If these costs are covered, this time should be a minimum of one month before and three months after hospitalization;
4 ° serious diseases: taking in charge or ambulatory costs for serious illnesses.
Individual disability insurance guarantees are regarded as similar if they provide, such as insurance against incapacity for work related to the professional activity, the payment of a same percentage of the loss of income suffered or the same amount fixed, however if necessary limited to the loss of income suffered. Individual disability insurance, which continued insurance against incapacity for work due to the professional activity is worth until the legal retirement age or a previous age, whether it was the normal age at which the insured ceases completely and definitively his professional activity.
Individual disability insurance guarantees are regarded as similar if they provide for the payment of a fixed amount or compensation calculated on the basis of the same parameters as those who are taken into account in the context of insurance business-related disability.

Individual insurance guarantees are regarded as similar if they provide, as insurance due to the professional activity, the payment of a fixed amount or identical compensation of the costs due to the loss total or partial autonomy.

§ 2. Without prejudice to article 203, § 1, the individual pursuit of the insurance contract related to the professional activity takes place without imposing a new timeout. The warranty may not be limited and no additional premium cannot be imposed because of the evolution of the State of health of the insured in the contract of insurance business-related illness.
Premium art. 211. for the calculation of the premium of the insurance contract sued individually, account shall be taken only: 1 ° of the age of the insured at the time of the individual pursuit of the contract, without prejudice to article 209, § 1;
2 ° of the elements of risk assessment, such that they existed and were evaluated during the affiliation to the contract of insurance due to the professional activity continued.
3 ° of the regime of social security and the status to which the insured is subject;
4 ° in relation to the insurance health care, disability insurance and care insurance, as well as the occupation of the insured.
(5) in relation to insurance against incapacity for work, the profession and the professional income of the insured.
CHAPTER 5. -Provisions specific to certain insurance contracts that guarantee the repayment of capital of appropriation art. 212 § 1. On the joint proposal of the Minister and of the Minister having health in its attributions and after consultation of the Commission on the protection of privacy, the King may lay down provisions of performance for one or more of the following: 1 ° under what circumstances and for what types of credit or what sums insured a standardized medical questionnaire must be completed;
2 ° the contents of standardized medical questionnaire, on the understanding that it must be established in respect of the Act of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data and article 8 of the Convention for the protection of the rights of man and fundamental freedoms of 4 November 1950;
3 ° the manner in which the insurers take into account the questionnaire in their decision to assign insurance and for the establishment of the premium;
4 ° where insurers can request a complementary medical examination the candidate to insurance, as well as the content of this review and the right to information on the results of this review;
5 ° the period within which insurers must communicate their decision on the application for insurance to the candidate at the insurance, provided that the overall duration of processing of application for real estate lending by credit institutions and insurers may not exceed five weeks from the receipt of the complete file;
6 ° the manner in which credit institutions are taking also into account other guarantees that the insurance of the outstanding balance due upon granting of a credit;
7 ° the conditions under which insurance candidates who are denied access to the outstanding balance insurance may appeal the Bureau's pricing monitoring referred to in article 217, § 1;
8 ° the obligation on the part of insurance companies and institutions credit to disseminate widely and comprehensively information on the existence of the present mechanism of insurance of the remaining balance owed for people with a health risk;
9 ° the circumstances under which a declaration on their honour must be produced in relation to the object of the contract of insurance.
The conditions referred to in paragraph 1, 7 °, including fixing the number of refusals on the part of insurance companies that the candidate for insurance must be wiped before being able to apply to the Office of the follow-up of the pricing, as well as the height of premiums assimilated to a refusal of the application.
§ 2. The King may regulate or prohibit the use of medical questionnaires.
The King may determine, reformulate or prohibit questions about the health of the insured. It can limit the scope of an issue over time.
The King may determine the insured amount below which only the medical questionnaire may be used.

§ 3. Notwithstanding any contrary provision against the taker candidate of insurance, the insurer is required to repair the damage caused by the infringement of the provisions adopted pursuant to paragraph 1. The injury caused to the buyer candidate of insurance, unless proven otherwise, alleged result from non-compliance with the above provisions.
S. 213. an insurer that offers a premium to the policyholder is required to split it between the basic premium and the premium charged because of the State of health of the insured.
If he decides to deny insurance or to postpone granting, to exclude certain risks of the coverage or to charge an additional premium, the insurer shall notify by mail the buyer candidate, in clear and explicit, and motivating reasons for its decisions. Insurance buyer candidate is informed by the same mail, the ability to communicate in writing with the doctor of the insurer, directly or through a doctor of his choice, for medical reasons on which the insurer based its decisions. In the same letter, the insurer draws attention to the existence and mentions the coordinates of the Office of the follow-up of pricing and the conciliation body in outstanding insurance.
The insurer indicates whether the proposed premium can be taken into account for the purposes of the solidarity mechanism by the Caisse de compensation referred to in article 220.
S. 214. the policyholder who is not in agreement with the proposed premium shall inform the insurer. The insurer shall immediately transmit the entire file to the reinsurer, asking him to re-evaluate it.
The reinsurer decided solely on the basis of the transmitted file. Any direct contact between on the one hand, the reinsurer, and on the other hand, the policyholder, the insured or the attending physician is prohibited.
The King may in this regard provide, by Decree deliberated in the Council of Ministers, that the reinsurer shall not undertake a re-evaluation of the proposals of surcharge when this surcharge is less than or equal to a specified percentage of the basic premium, set by the King. This percentage to be fixed by the King rises to maximum 25%.
S. 215 when the reinsurer decides to apply a surcharge below that originally set by the insurer, latter changes as meaning the insurance proposal.
Otherwise, the insurer confirms its initial proposal.
S. 216. the period between the initial application and the communication of the decision may not exceed fifteen days. A new period of fifteen days runs from the date of knowledge, by the insurer making, refusal, referred to in article 214.
S. 217. § 1. The King creates an Office of the follow-up of the pricing, which mission is to consider proposals for additional premium or the refusal of insurance, at the request of the most diligent party.
In this regard, the King may provide that pricing monitoring Office did not examine the surcharge proposals where this premium does not represent a minimum ratio of the basic premium.
§ 2. The Office of the follow-up of pricing consists of two members who represent insurance companies, a member representing consumers and a member that represents patients. Members are appointed by the King for a term of six years.
They are chosen on a double list presented by professional associations of insurance undertakings and associations representing the interests of consumers and patients.
The Bureau is chaired by an independent magistrate, appointed by the King for a term of six years.
The King sets the compensation to which the president and members of the Office of the follow-up of pricing are entitled and compensation experts.
The King is also an alternate for each Member.
The alternates are selected in the same way as full members.
The Ministers having insurance and public health in their attributions may delegate an observer with the Bureau.
The Bureau may call experts, without voting.
§ 3.
The Office shall examine whether the proposed surcharge or denial of insurance is justified objectively and reasonably from a medical point of view and with regard to the technical insurance.
This Office can be entered directly by the candidate for insurance, the Insurance Ombudsman or one of the members of the Bureau.
He made a binding proposal within a period of 15 working days taking courses at the date of receipt of the file.
§ 4. The Caisse de compensation shall bear the costs of operation of the Office of the follow-up to the pricing, according to the rules laid down by the King.
§
5. The ombudsman referred to in article 302 service provides the secretariat of the Office of the follow-up of pricing.
S.
218. the Commission of insurance, referred to in part 7, title IV, is responsible for assessing the application of the provisions of this chapter. Submits to this effect, every two years a report to the King and the House of representatives. It may involve in its work representatives and experts designated by it.
This report will be accompanied by a study by the federal Centre of expertise for health care assessing the adequacy of the tariffs applied by insurers to the evolution of the techniques

medical and healthcare in the main concerned pathologies.
Access to insurance under the conditions proposed by the Bureau of monitoring of pricing art. 219. § 1.
The Office of the follow-up of pricing establishes the requirements and premiums which the taker candidate of insurance has access to a life insurance or, where appropriate, insurance against disability which guarantees a mortgage loan, a consumer credit or a professional credit.
The Bureau reviews its conditions of access and bonuses all two years according to the most recent scientific data related to the evolution of the risk of death or, where appropriate, disability and the likelihood of a deterioration in the health of the people increased as a result of their State of health risk.
§ 2. The insurer who refuses the taker candidate of insurance or which offers a premium or a franchise in excess of that applicable under the tariff conditions proposed by the Office of the follow-up of pricing statement initiative taker candidate of insurance conditions of access and rates proposed by the Office and informed him that he could potentially apply to another insurer.
The insurer shall notify in writing and a clear, explicit and unequivocal grounds for the refusal of insurance or the reasons for which an additional premium or a higher deductible are proposed, as well as the composition precise of these.
S. 220 § 1.
The King authorised the conditions it determines, a compensation fund that aims to spread the load of the additional premiums.
§ 2. The King approves the statutes and rule control activity of the Caisse de compensation. It indicates the actions which must be the subject of a publication in the Moniteur belge. If necessary, it creates the Caisse de compensation.
§ 3. Insurers engaged in life insurance as collateral for a mortgage loan, and mortgage lenders, are jointly and severally obliged to payments necessary to the compensation for the fulfilment of its mission and to support its operating costs.
If the compensation fund is created by the King, a royal decree sets each year the rules for calculation of payments by insurers and mortgage lenders.
§ 4. The approval shall be withdrawn if the Caisse de compensation does not act in accordance with the laws and regulations or its statutes.
In this case, the King may take all measures necessary to safeguard the rights of policyholders, insured persons and injured persons.
The Caisse de compensation remains subject to control during the duration of the liquidation.
The King appoints a special liquidator responsible for liquidation.
Conciliation body Art. outstanding insurance 221. without prejudice to the competence of courts and tribunals, disputes relating to the application of the implementing measures referred to in article 212 are first submitted to the conciliation body referred to in article 206, paragraph 3.
S. 222. the insurer that charges a premium greater than 200% of the basic premium, shall guarantee standardized to the policyholder.
This standard warranty is a maximum of 200,000 euros if the subscribed only insured candidate mortgage credit. In the case of co-borrowers, the assured candidate can ensure for the same amount but limited to 50% of the borrowed capital.
The King may adapt the amounts determined under this section to take into account the evolution of prices.
S.
223. the insurer applying a surcharge above a threshold expressed as a percentage of the basic premium, shall involve the Caisse de compensation.
The compensation fund is required to pay the portion of the premium that exceeds this threshold, without that, the surcharge does not exceed a ceiling expressed as a percentage of the basic premium.
The basic premium is deemed to be the premium the most bass proposed by the insurance company for a person of the same age.
The King sets this threshold and the ceiling so that they meet a necessary solidarity with policyholders concerned, without that this threshold does not exceed 200% of the basic premium. The assessment provided for in article 218 will also report on this point.
At the request of the Caisse de compensation, the insurer shall issue a duplicate of insurance record. If so, it gives the necessary explanations.
S.
224. articles 212 to 223 shall apply to insurance contracts that guarantee the repayment of principal of a mortgage credit contracted for processing or the acquisition of the housing clean and unique of the policyholder.
The King may extend the scope of these articles with other insurance contracts that guarantee the repayment of capital of a credit.
PART 5. -THE insurance contract other than the land insurance contract aims in part 4 Chapter 1. -Provisions general article 225. the provisions of this part apply to insurance contracts governed by Belgian law. Insofar as it is not derogated by special articles, they are applicable to marine insurance, as well as insurance on transport by land, rivers and canals.
They are not applicable to contracts of insurance subject to the provisions of part 4.
S. 226. the expected profit can be assured in the cases provided by law.
S. 227. the mutual insurance associations are governed by their rules by the General principles of law, by the special legal provisions which apply to them and the provisions of this part, in so far as they are not inconsistent with these kinds of insurance.
They are represented in court by their directors.
CHAPTER 2. -People who can take out an insurance contract art. 228. an object can be achieved by anyone with interest in its preservation, at the rate of a right of ownership or other real rights or liability to which it is committed relatively to the insured thing.
S.
229 § 1. The insurance can be contracted for hire or reward under a general or special mandate or even without a warrant. The effects are set, in the latter case by the provisions relating to the management of business.
§ 2. If it is not the insurance contract it is subscribed to a third party, the insured is supposed to have subscribed it for himself.
S.
230 § 1. A creditor can do ensure the solvency of the debtor;
the insurer may avail itself of the benefit of discussion, unless otherwise agreed.
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2. The striking or affluent pledge and mortgage and privileged creditors can insure earmarked for payment of their claims on their own behalf.
In this case, the compensation due at the rate of loss is subrogated of right, towards them, to insured property that formed their pledge.
S. 231. when movable objects have been insured, payment of compensation to the insured releases the insurer if it has not been formed opposition between his hands.
S.
232. the provisions of the two preceding articles shall have no effect in as long as the creditor would come in useful order in the collocation or in distribution, if the loss of objects seized, engaged, mortgaged or on which exists the privilege had not arrived.
CHAPTER 3. -Obligations of the insurer and the insured article 233. any reluctance, misrepresentation on the part of the insured, even without bad faith, make the insurance contract void when they reduce the opinion of the risk or change the subject, so that the insurer had in knowledge, would not have found the contract under the same conditions.
S. 234. in all cases where the insurance contract is cancelled, in whole or in part, the insurer shall, if the insured person has acted in good faith, render the premium, either for all or for the part for which it was not run risks.
Good faith cannot be invoked in the case of article 236, paragraph 1.
S. 235. If the contract is cancelled due to fraud, fraud or bad faith, the insurer retains the premium without prejudice to public policy, if applicable.
S. 236. the insured things the integer value is covered by a first contract of insurance cannot be the subject of a new insurance against the same risks in favour of the same person.
If the integer value is not covered by the first contract, the insurers who signed subsequent contracts respond surplus following the order of the date of the contracts.
All insurance contracts subscribed the same day shall be deemed concluded simultaneously.
S. 237. the loss, either total or partial, is divided between the various insurance contracts of the same date, in the proportion of insurance moneys, by each, and between the various different date insurance contracts in proportion to the value which each responds.
S.
238. the successive contracts ensuring values against the same risks and the same persons will nevertheless have effect: 1 ° if they take place with the consent of each of the insurers;
the loss breaks, in this case, as if the two insurance contracts were concluded simultaneously;
2 ° If the insured unloads the first insurer from liability for the future, without prejudice to its own obligations.
In the latter case, the waiver must be notified to the insurer, and it is mentioned, on pain of nullity, in the new font.
S. 239. the insured may make sure the insurance premium.
S. 240. any loss or damage caused by the Act or by

the serious fault of the insured, should not be borne by the insurer; It can even hold or claim the premium if it has already started to run risks.
S. 241. in any insurance, the insured must do all diligence to prevent or mitigate harm; as soon as the damage happened, it must give knowledge to the insurer, all under penalty of damages, if applicable.
Charges made by the insured in order to mitigate the damage, are borne by the insurer, even when the amount of these fees, attached to the amount of damage exceeds the sum insured and made stagecoaches would have been without result.
Nevertheless, courts and arbitrators, when the parties will be referred there, can reduce or even refuse to allocate them, if they feel they have been made rashly either wholly, or partly.
S. 242. the insurer is not liable for loss or damage immediately inherent defect of the thing, unless otherwise stated.
S.
243. the insurance does or the risks of war, or any loss or damage caused by riots, unless otherwise agreed.
S. 244. in any insurance, the indemnity, in case of disaster, is set at the value of the object at the time of the disaster.
If the insured value was previously estimated by experts agreed upon by the parties, the insurer cannot challenge this estimate, except in a case of fraud.
The value of the object can be established by any means of law. The judge may even, insufficiency of evidence, refer ex officio oath to the insured.
S. 245. in all cases where the insurance contract only covers that part of the value of the insured object, the insured is considered himself insurer for surplus value, unless otherwise agreed.
S.
246. the insurer who paid the damage is subrogated to all rights of the insured against the third party of the head of this damage, and the insured is responsible for any act which could harm the rights of the insurer against the third party.
In insurance contracts allowed by article 230, § 2, which has paid the indemnity insurer is subrogated to the action of the creditor against the debtor.
Subrogation cannot, under any circumstances, harm to an insured who has been compensated only in part; It may exercise its rights to the remainder and retains in this regard the preference on the insurer, in accordance with article 1252 of the civil Code.
The insurer making a payment to a minor, a banned or another incompetent pursuant to a contract of insurance, it performs on an account opened in his name, hit downtime until the majority or the lifting of the disability, without prejudice to the right of legal enjoyment.
S.
247. the insurer has a lien on the subject-matter insured.
This privilege is exempt from any registration.
It ranks immediately after legal costs.
There is, regardless of the mode of payment of the premium for an amount equal to two annuities.
S. 248. the insurer may still make reinsuring the insurance object.
CHAPTER 4. -The evidence and the content of the contract article 249. the insurance contract shall be proved in writing, regardless of the value of the object of the contract.
Nevertheless, the testimony may be admitted where there is a commencement of proof in writing.
S. 250. the same font may contain several assurances, either at the rate of insured things, at the rate of the premium rate, or at a rate different insurers.
S.
251. the insurance policy States: 1 ° the date of the day when the insurance contract is concluded;
2 ° the name of the person who signed the contract of insurance on its behalf or on behalf of others;
3 ° the risks that the insurer takes on him and time which risks must begin and end.
CHAPTER 5. -Of a few cases of resolution of the contract article 252. the insurance contract cannot have any effect if the insured thing has not been put at risk, or if the expected damage already existed at the time of the conclusion of the contract.
S. 253. If the insurer fell into bankruptcy when the risk is not yet finished, the insured may request bail or without bail, the termination of the contract.
The insurer has the same right in the case of bankruptcy of the insured.
S. 254. in the case of alienation of the subject-matter insured, the insurance contract takes advantage of full right, unless otherwise agreed, to the new owner, for all risks for which the premium has been paid at the time of the disposition.
It also benefits the new owner, unless otherwise agreed in the policy, when it was subrogated to the rights and obligations of the previous owner to the insurers or, by common agreement between the insurer and the new owner, the insurance contract continues to receive his execution.
S. 255. the obligations of the insurer ceases when an act of the insured transforms an essential circumstance change risk or adds so that if the new State of Affairs had existed at the time of the conclusion of the insurance contract, the insurer would not have entered into this agreement or not would have found it that other conditions.
Cannot avail of this provision, the insurer who, after having become aware of changes to the risk, has nevertheless continued to execute the contract.
CHAPTER 6. -Of prescription Art. 256. any action deriving from an insurance policy is prescribed after three years from the event that gives opening. The prescription against minors, prohibited and other incompetent does not run until the day of the majority or the lifting of the disability.
However in the case of action for recovery of the insured against the insurer, time does courses only from the action of the victim, whether it be a native claim either, whether a subsequent request for continuation of the aggravation of the injury or the occurrence of new damage.
PART 6. -INSURANCE mediation and DISTRIBUTION of insurance Chapter 1. -Definitions art.
257. for the purposes of this part, it has to be understood by: 1 ° "head of distribution": has) any physical person belonging to the direction of an intermediary of insurance or reinsurance, or any employee in the service of such an agent, and that de facto responsibility for the activity of insurance and reinsurance mediation or exercises control.
(b) any natural person who, in an insurance undertaking assumes de facto responsibility for persons responsible for the distribution of insurance products or exercise control over such people.
2 ° "insurance broker": the insurance or reinsurance intermediary that brings together makers of insurance and insurance companies, or of insurance undertakings and reinsurance undertakings, without being bound by the choice of;
3 ° "insurance agent": the insurance or reinsurance intermediary who, by reason of one or more conventions or proxies, in the name and on behalf of a single or several companies insurance or reinsurance, carries out activities of insurance or reinsurance mediation;
4 ° "subagent for insurance": the intermediary insurance or reinsurance, other than those referred to in items 2 ° and 3 °, which acts under the responsibility of the persons referred to in items 2 ° and 3 °;
5 ° "tied insurance agent": the insurance agent who, due to one or more convention (s) or Attorney (s), may exercise an activity of intermediation in insurance, in the name and for the account, that:-a single company of insurance; or several insurance undertakings insofar as contracts of insurance of these enterprises do not compete among themselves;
and is under the full responsibility of the (s) - for insurance contracts which concern them respectively.
Within the meaning of this article, contracts following insurance are considered to be contracts of insurance entering into competition between them:-contracts of insurance falling within the Group of activities 'life' referred to in annex I to the royal decree of 22 February 1991 on the general regulation on the control of insurance undertakings, as well as contracts of insurance falling within the classes of insurance life referred to in annex I to Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning the insurance direct life or annex II to Directive 2009/138/EC, which meet the definitions of insurance savings or investment such as referred to in article 1 of the royal decree of February 21, 2014, on the procedures for application to the insurance sector of articles 27-28A of the Act of 2 August 2002 on the supervision of the financial sector and financial services;
-contracts of insurance falling within the Group of activities 'life' referred to in annex I to the royal decree of 22 February 1991 on the general regulation on the control of insurance undertakings, as well as contracts of insurance falling within the classes of insurance referred to in annex I to Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning direct insurance on the life or in annex II of Directive 2009/138 / EC other than those which meet the definitions of insurance savings or investment such as referred to in article 1 of the royal decree of 21 February 2014 above; as well as, - contracts of insurance falling within the Group of activities "non-life" where they fall within the same branch within the meaning of annex I to the royal decree of 22 February 1991 on the general regulation to control businesses of insurance, of the annex,

point A of Directive 73/239 / EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the business of direct insurance other than life assurance, pursuit, or Annex I, part A, of Directive 2009/138/EC; ";
6 ° "Member State of origin IMD": a) if the insurance or reinsurance intermediary is a natural person, the Member State where he is domiciled and where it operates;
(b) if the insurance or reinsurance intermediary is a legal person, the Member State where its registered office or, if such person has no headquarters pursuant to its national law, the Member State where its headquarters is located is established.
7 ° 'Host IMD Member State': the Member State, other than the Member State of origin IMD, where an insurance or reinsurance intermediary has a branch or engaged in the free provision of services.
8 ° "authorities IMD": the authorities within the meaning of article 2, point 11, of Directive 2002/92/EC;
9 ° "durable medium": any instrument which enables the customer to store information addressed to him personally, so that they can be accessed later, during a period of time adequate to the purposes of the information and allow the unchanged reproduction of the information stored;
in particular, the notion of durable medium includes floppy computer disks, CD-ROMs, DVDs and the hard drive of the computer of the consumer on which electronic mail is stored, but does not include a website, unless this site meets the criteria specified in the definition of durable medium;
10 ° "arrested him royal on rules of conduct for level 1": the royal decree of February 21, 2014, on the procedures for application to the insurance sector of articles 27-28A of the Act of 2 August 2002 on the supervision of the financial sector and financial services;
11 ° "arrested him royal on rules of conduct for level 2": the royal decree of February 21, 2014, on the rules of conduct and the rules relating to the management of conflicts of interest, fixed under the Act, in relation to the insurance sector.
CHAPTER 2. -Provisions general article
258. this part shall not apply to insurance and reinsurance intermediaries in the following cases: 1 ° when exercising their activities exclusively for ensuring or reinsure risks of their own undertaking or group of undertakings to which they belong;
2 ° when the insurance or reinsurance mediation of insurance or reinsurance contracts for which all the following conditions are met: a) the contract only requires knowledge of the coverage offered by insurance;
(b) the contract is not a life assurance contract;
(c) the agreement does not contain any civil liability coverage;
(d) the insurance or reinsurance mediation is not the principal professional activity of the persons considered;
(e) the insurance is complementary to the product or service supplied by a provider, when it covers:-the risk of malfunction, loss or damage to goods supplied by that provider; or -the risk of damage or loss of baggage and other risks linked to a trip booked with that provider, even if the insurance covers life or liability, provided that this cover is ancillary to the main cover on the risks associated with this trip;
(f) the amount of the annual premium does not exceed EUR 500 and the total duration of the contract, including any renewals, is not more than five years.
S. 259. persons who are designated as responsible for the distribution in an operating in Belgium, insurance company must meet the same conditions for professional knowledge and ability and professional repute as provided for in article 268 insurance intermediaries, § 1, 1 ° and 2 °, and § 2.
Other persons of an insurance undertaking which, in any way whatsoever, are in contact with the public to offer for sale or sell their company's products, must meet the requirements laid down in article 270 professional knowledge § 2.
S. 260. any legal or natural person who handles workers and is registered as an insurance or reinsurance intermediary means a head of distribution in accordance with article 261. The head of distribution shall comply with the requirements relating to professional knowledge and ability and professional repute referred to in article 268, § 1, 1 ° and 2 °, and § 2.
Others which, from an insurance or reinsurance intermediary are engaged directly in insurance or reinsurance mediation, in particular any person who, for this purpose and in any manner that, is in contact with the public, must comply with the conditions laid down in article 270 professional knowledge, § 2.
S. 261. the intermediaries in insurance and reinsurance and insurance companies designate one or more individuals as responsible for the distribution. Their number is adapted to the Organization and activities of the intermediary or the company. The King set this number on the joint proposal of the Minister having insurance in his or her attributions and the Minister of Social Affairs.
CHAPTER 3. -Of registration Section Ire. -Provisions general article 262. § 1. Any insurance or reinsurance intermediary which the Belgium is the Member State of origin IMD may pursue the activity of insurance or reinsurance mediation is previously registered in the register of insurance and reinsurance intermediaries held by the FSMA.
Any insurance or reinsurance intermediary with the Member State of origin IMD one country other than the Belgium cannot exercise in Belgium of insurance or reinsurance mediation activity, if it is previously registered as an intermediary of insurance or reinsurance by the authority IMD of its Member State of origin, without prejudice to the provisions of section 266, § 2.
Any insurance or reinsurance intermediary who has domicile or headquarters in a non-EEA country can exercise in Belgium of insurance or reinsurance mediation activity, if it is pre-registered to the insurance and reinsurance intermediaries register kept by the FSMA.
The insurance and reinsurance intermediaries register kept by the FSMA consists of the following categories: "insurance brokers", "insurance agents" and "subagents of insurance".
An insurance or reinsurance intermediary may be registered to one of the above categories.
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2. The insurance or reinsurance undertakings which have an establishment in Belgium or who perform their activity without there may appeal to an insurance or reinsurance intermediary which is not registered in accordance with the provisions of paragraph 1.
If they nevertheless involve an insurance intermediary or unregistered reinsurance, they are civilly liable for the acts of these intermediaries in their activity of insurance or reinsurance mediation.
§ 3. By way of derogation from the provisions of paragraph 1, the insurance intermediaries referred to in article 68 of the law of 26 April 2010 on various provisions for the organisation of health insurance (I), are registered in the register kept by the CMO.
The King determines, on advice of the CMO, the modalities according to which must take place the entry in the register.
The Royal Decrees implementing this paragraph, are taken on the joint proposal of the Minister who has insurance in charge and the Minister of Social Affairs.
S. 263. the insurance or reinsurance intermediary who wishes to be listed under the category "insurance brokers" with its application for registration a declaration on the honour of which it is exercised his professional activities outside of any exclusive or any other legal commitment agency contract requiring it to place all or a specific part of its production from an insurance undertaking or reinsurance or several insurance or reinsurance undertakings belonging to the same group.
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 insurance or reinsurance intermediary activity or at the headquarters of the insurance or reinsurance undertakings concerned, to check the veracity of this declaration.
Any changes to the data on which the statement referred to in paragraph 1 shall be communicated without delay to the FSMA.
S. 264. § 1. The insurance intermediary falls into the category of an insurance agent which is subject to a contractual obligation to work in the insurance industry, exclusively with a single insurance company or with several insurance companies for insurance contracts not competing among themselves, so that it meets the definition of an insurance agent bound, notify the FSMA. He also communicates the name, the address of this

(ces) Enterprise (s) insurance (s) Group (s) of activity and insurance industries concerned.

§ 2. The insurance undertaking shall notify the FSMA (s) name (s) and address (s) of / insurance (s) agent (s) with the (s) which it collaborates. It communicates to the FSMA (s) Group (s) of activity and insurance industries concerned.
§ 3. Any changes to the data referred to in paragraphs 1 or 2 shall be notified without delay to the FSMA.
S. 265. for the activities covered by the present part, no person shall bear the title of insurance broker, insurance agent or subagent for insurance, or broker, agent or subagent to indicate the business of insurance, reinsurance, or insurance or reinsurance mediation, unless he is registered in the register of intermediaries of insurance and reinsurance, respectively in the category "insurance brokers", "insurance agents" or "subagents of insurance".
S. 266 § 1.
Any insurance or reinsurance intermediary 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 the authority IMD of the host Member State IMD who so wishes, and communicates this notification to the relevant intermediary.
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2. The insurance or reinsurance intermediary registered in another Member State that the Belgium can begin its activities in Belgium, either under the regime of freedom of establishment, or under the freedom to provide services, after having notified the authority IMD of its 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 of insurance and reinsurance intermediaries on its website and ensures regular updating on the basis of the data available to it.
The insurance or reinsurance intermediary referred to in paragraph 1 must comply, in the exercise of its activities, legal and regulatory provisions applicable in Belgium to intermediaries, insurance and reinsurance for reasons of general interest. The FSMA communicates to those insurance and reinsurance intermediaries which provisions are, to his knowledge, of general interest.
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3. Insurance and reinsurance intermediaries referred to in paragraph 1, paragraph 2, as well as insurance and reinsurance referred to in paragraph 2, intermediaries can start their activities in the host Member State IMD concerned to not earlier than a month after having been notified by the IMD of their home Member State authority.
Section II. -Procedure and conditions art.
267 § 1. Any application for registration is sent to the FSMA in the forms and under the conditions laid down by the King. In its application, the applicant must indicate in which category it wishes to be registered and mention that or those of the groups of classes listed in annex II of the royal decree of 22 February 1991 on the general regulation on the control of insurance undertakings, in which or whom it operates.
If the candidate wishes to carry the insurance or reinsurance mediation, insurance against accidents at work as referred to in the Act of 10 April 1971 on the accidents at work or by the law of 3 July 1967 on prevention or the repair of the damage resulting from occupational accidents, accidents occurring on the way of labour and related illnesses in the public sector This should be indicated in its application.
The applicant must provide, in support of its request, the necessary documents proving that it meets all the conditions.
Without prejudice to the provisions of article 268, several candidates can introduce their application collectively if compliance with their obligations referred to in article 268 shall be checked by a central body. This central body must be an insurance intermediary, a reinsurance intermediary, an insurance company for the exercise of insurance activities, reinsurance undertaking authorised for the exercise of the activity of reinsurance, an insurance undertaking subject to supplementary supervision of insurance undertakings within the meaning of article 91ter of the law of 9 July 1975 on, or another organization or company which fulfils the conditions laid down by the King on the proposal of the FSMA. In this case, the registration request is introduced by the central body under his responsibility. For the purposes of this Act, their file will be treated as if it were a single undertaking. The insurance or reinsurance intermediary is cancelled ex officio of the registry when the central agency requests the withdrawal of his nomination.
The FSMA decides, within sixty days of the receipt of the application and the required documents, to register the applicant in the register in the category that was requested. The FSMA shall notify its decision to the applicant by registered letter.
In case of refusal, the FSMA must give reasons for this refusal. Changes to the data of the documents referred to in this paragraph must be communicated 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.
If the insurance or reinsurance intermediary is no longer in the circumstances mentioned in the affidavit referred to in article 263, paragraph 1, it is part of another category of the register.
§ 2. The lists of registered insurance and reinsurance intermediaries is published on the web site of the FSMA. The latter is responsible for regularly updating this website on the basis of the data available to it. The list of insurance intermediaries registered with the com is accessible via the web site of the FSMA.
Web site mentions for each insurance or reinsurance intermediary 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 and the CMO as regards insurance intermediaries under section 68 of the Act of April 26, 2010 relating to the provisions for the Organization of health insurance (I) determine the conditions under which the mention of the cancellation of an intermediary is removed from the web site.
S. 268 § 1. To be entered in the register of insurance and reinsurance intermediaries and be able to keep this registration, the insurance or reinsurance intermediary concerned must: 1 ° have the professional knowledge required as determined by article 270;
2 ° have an aptitude and a sufficient professional integrity;
3 ° subject to professional indemnity insurance covering the whole of the EEA;
The insurance contract contains a provision that requires insurance undertakings, when terminated the contract, notify the FSMA.
Are however exempted from this obligation to ensure their professional responsibility, intermediaries of insurance or reinsurance acting on behalf and on behalf of insurance undertakings or reinsurance or other intermediaries of insurance or reinsurance, including credit institutions, who assume this responsibility.
The fixed King, on the proposal of the FSMA, the conditions of the insurance.
4 ° to refrain to participate in the promotion, the conclusion and execution of insurance or reinsurance contracts that are clearly contrary to the rules of Belgian law applicable to these same contracts and/or the rules of Belgian law applicable in relation to the offer and the conclusion of such contracts;
5 ° in relation to their activity of intermediation in insurance and reinsurance in Belgium, treat, as the case may be, only with insurance undertakings authorised pursuant to the relevant Belgian legislation activities of insurance in Belgium, or reinsurance undertakings authorised in application of the relevant Belgian legislation to engage in the activity of reasssurance in Belgium;
6 ° join extrajudicial complaints system. It must either adhered itself to such a system, or be a member of a professional association acceded to such a system. It is required to contribute to the financing of that system and to respond to any request for information that it would be addressed in the context of the treatment of the complaints through this system;
7 ° comply, where appropriate, the provisions of sections 273, 274 and 275;
8 ° pay the contributions to the operating costs of the FSMA, as determined in accordance with article 56 of the law of 2 August 2002;
9 ° to comply with the law of 11 January 1993 on prevention of the use of the financial system for the purpose of laundering and of the financing of terrorism and the orders of execution thereof, provided that the interested intermediary is subject to this legislation.
By way of derogation from the provisions of the paragraph 1, 8 °, insurance intermediaries referred to in article 68 of the law of 26 April 2010 on various provisions for the Organization of supplementary health insurance

(I) pay their contribution to the operating expenses of the CMO.
§ 2. In order to be registered in the register of insurance and reinsurance intermediaries and be able to keep this registration, the person concerned cannot be found in one of the cases provided for in article 19 of the law of 22 March 1993 on the status and control of credit institutions.
§ 3. Intermediaries insurance and reinsurance as well as, in the case referred to in article 267 § 1, paragraph 4, the central body, must demonstrate to the FSMA, according to rules specified by the Commission by regulation, including frequency, compliance with the provisions laid down in paragraphs 1 and 2.
S. 269. the insurance and reinsurance intermediaries having the status of legal person are also registered, and retain their registration, only to condition: 1 ° the persons entrusted with the actual direction cannot be found in one of the cases listed in article 19 of the law of 22 March 1993 on the legal status and control of credit institutions and have the ability and good repute required professional required professional knowledge referred to in article 270 and appropriate experience to perform this function;
2 ° the FSMA has been informed of the identity of persons who, directly or indirectly, exercise control over the intermediary, and considers that they have the necessary qualifications against the need to ensure sound and prudent; management insurance and reinsurance intermediaries shall inform the FSMA of any changes to this control.
S. 270. § 1. By knowledge required associations referred to in article 268, 1 °, it has to be understood: 1 ° a sufficient knowledge of the following subjects: A. technical knowledge: a) the present law and its orders and regulations with respect to the disclosure rules and the rules applicable to the conditions of the insurance contracts and for the conclusion of such contracts, as well as the important provisions of the European legislation on the matter;
(b) legislation concerning the prudential supervision of insurance companies, insofar as this legislation can have an impact on the conclusion of insurance contracts, including the important provisions of the European legislation on the matter;
(c) market practices and consumer protection legislation;
d) regulatory, technology and tax aspects of the different classes of insurance;
(e) the anti-money laundering law, insofar as the insurance or reinsurance intermediary is subject to 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;
(f) the rules of conduct as covered by this part, the royal decree on the rules for level 1, and the royal decree on the level 2 rules).
B. knowledge of business management: has) fundamental principles of accounting;
(b) fundamental principles of the tax law and social of the profession.
2 ° an experience practical assurances, whose duration is fixed in accordance with paragraph 4.
The FSMA determines the structure and the content of this practical experience, as well as actions that can be performed under the supervision of a registrant during the acquisition of experience practice.
§ 2. 1 ° the persons referred to in article 257, 4 °, in article 259, paragraph 2, and in article 260, paragraph 2, are exempt from the knowledge of the matters listed in paragraph 1, 1 °, A,) b and c), and (b), as well as the experience practical insurance laid down in paragraph 1, 2 °. For these people, the knowledge listed in paragraph 1, 1 °, A, a) and (d)), are limited to a basic knowledge of the legislation on the contract of insurance and regulation, the technique and the tax aspects of insurance products they offer for sale or sell. Persons referred to in article 259, paragraph 1, and article 260, paragraph 1, are exempt from the knowledge of the subjects listed in paragraph 1, 1 °, 2 ° reinsurance intermediaries are exempt from the knowledge of materials determined in paragraph 1, 1 °, A, a), c) and f).
3 ° the of insurance and reinsurance intermediaries which limit their activities to one or more of the groups of classes listed in annex II of the royal decree of 22 February 1991 on the general regulation for the control of the undertakings of insurance or insurance legal against work accidents, technical knowledge referred to in paragraph 1, 1 °, A, d), are limited to those of the groups of classes in which or which they exercise their activities. Where appropriate, this limitation of activity is recorded in the register.
§ 3. By the professional knowledge required as referred to in article 269, 1 °, meant a sufficient knowledge of the matters specified in paragraph 1, 1 °, B. This knowledge is also required when the persons involved therein are the quality of head of distribution.
§ 4. Proof of professional knowledge required is provided by: 1 ° the holders of one of the certificates of higher education listed by the King, who have acquired practical experience whose duration is determined by the King but may not exceed two years. For reinsurance intermediaries, the duration of practical experience is fixed at five years;
2 ° the holders of a certificate of upper secondary education which will have completed successfully a course specializing in insurance organized by or pursuant to a decree, a representative professional organisation, an insurance undertaking or reinsurance or an intermediary of insurance or reinsurance, including credit institutions. This specialized course shall be approved by the FSMA. The King may, on proposal of the FSMA, clarify the rules to be met by the examinations during insurance referred here. The applicant must also provide proof of practical experience which the duration will be determined by the King but may not exceed two years. For reinsurance intermediaries, the duration of practical experience is set at five years.
The duration of this practical experience is reduced by half for insurance intermediaries that do not require their registration in the register of insurance and reinsurance intermediaries in the "insurance brokers" category.
The insurance and reinsurance companies, professional organizations and intermediaries of insurance or reinsurance, including credit institutions, shall communicate to the FSMA the structure and the content of their training program. The FSMA checks whether the training program meets the requirements under this section and if the recipients have completed the program successfully. The FSMA may, if necessary, withdraw its approval.
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5. By way of derogation from paragraph 4: 1 ° for people who have been registered in the register of insurance intermediaries under the benefit of the transitional measures for professional knowledge laid down in article 18 of the law of 27 March 1995 on the intermediation in insurance and reinsurance and the distribution of insurance, as it was written prior to its amendment by the law of 22 February 2006 , and that have been omitted from the register, exemption from proof of professional knowledge shall be forfeited in the event of a request for reinstatement within five years, regardless of the category of the register on which the new application.
In addition, in the event of application for reinstatement and regardless of the time elapsed since their failure to register, the above-mentioned persons shall not produce the certificate of upper secondary education referred to in paragraph 4, paragraph 1, 2 °;
2 ° persons other that those referred to in 1 ° which have already been included in the register of insurance intermediaries but which have been omitted should not, in the event of application for reinstatement within five years and regardless of the category of the register covered the new application, prove that they meet the requirements for professional knowledge to which they had already been considered as satisfying during their previous registration.
In addition, in the event of application for reinstatement and regardless of the time elapsed since their failure to register, the above-mentioned persons shall not produce the certificate of upper secondary education referred to in paragraph 4, paragraph 1, 2 °.
The derogations provided for in the preceding paragraph shall not apply if the failure to register is the result of a measure of cancellation by reason of breach of professional knowledge requirements.
The provisions of the preceding paragraphs shall apply by analogy to persons who have been designated as responsible for the distribution.

§ 6. Insurance companies and, where appropriate, insurance and reinsurance intermediaries meet the training of sufficient basis laid down in paragraph 2 of the persons referred to in article 259, paragraph 2, and article 260, paragraph 2. This basic training must be approved by the FSMA pursuant to subsection 4, 2 °, paragraph 3.
§ 7. Professional knowledge and basic training referred to in this article are a regular recycling. The FSMA is competent to approve these recycling.
§ 8. By way of derogation from the provisions of paragraphs 4, 6 and 7, the

examinations to the proof of professional knowledge required by insurance intermediaries referred to in article 68 of the law of 26 April 2010 on various provisions for the Organization of supplementary health insurance (I), by their leaders of the distribution as well as their staff in contact with the public, and reviews the evidence of the professional knowledge required by those responsible for the distribution as well as by the staff in contact with the public of mutual societies referred to in articles 43bis, § 5, and 70, §§ 6, 7 and 8 of the law of 6 August 1990 on mutual societies and the national unions of mutual societies can be organized by the national intermutualiste College, aforementioned mutual company or a mutuality. These exams must be approved by the CMO. It determines the terms and conditions with which they must comply.

§ 9. The King may, on proposal of the FSMA, amend the provisions of the preceding paragraphs in order to put them in accordance with legal or regulatory provisions amended higher or secondary education.
S. 271 concerned insurance companies report periodically to the FSMA execution of the provision in article 259, paragraph 1, in providing a list of names of the persons involved, as well as the statement of all subsequent changes to this list.
Insurance and reinsurance intermediaries concerned report periodically to the FSMA execution of the provision of article 260, paragraph 1, in providing a list of names of the persons responsible as well as the statement of all subsequent changes to this list. The FSMA registered these persons in the register stating the number of the entry of the insurance and reinsurance intermediary that employs. Article 267 shall apply by analogy.
With regard to all persons referred to article 259 and 260, the employer retains the list and parts y related and holds at the disposal of the FSMA.
Section III. -Mode of payment of the premium and the provision of insurance article
272. article 67 shall apply to any intermediation in insurance within the scope of application of this part.
CHAPTER 4. -Obligations regarding information and other rules of conduct Section 1st. -Information to be provided through insurance art.
273 § 1. Prior to the conclusion of a contract of insurance and, if necessary, on the occasion of its amendment or renewal, an insurance intermediary provides customer with at least the following information: 1 ° the identity and address;
2 ° the register intermediaries of insurance in which he scored, number registration and, in the absence of registration, the means to check that it has been registered, as well as, where appropriate, the category in which it was registered;
3 ° the name and address of the insurance undertaking in which it holds a direct or indirect interest greater than 10% of the voting rights or of the capital;
4 ° the name and address of the insurance undertaking or of the parent undertaking of an insurance undertaking which holds a participation, directly or indirectly, more than 10% of the voting rights or of the capital of the insurance intermediary;
5 ° the name and address of the body with which customers and other interested parties may lodge complaints concerning insurance intermediaries;
6 ° the fact whether it provides any kind of advice on insurance contracts offered to the client.
In addition, insurance intermediary indicates to the client, with respect to the provided contract: 1 ° if he based his advice on an impartial analysis complying with the provisions of paragraph 2, or 2 ° if he is subject to a contractual obligation to work in the insurance industry, exclusively with a single insurance company or with several insurance companies; in this case, it communicates to the customer's request, the name and address of this (these) Enterprise (s) of insurance, or 3 ° if it is not subject to the contractual obligation to work in the insurance industry, exclusively with a single insurance company or with several insurance companies and it does not base his advice on an obligation of impartial analysis complying with the provisions of paragraph 2; in this case, it communicates to the customer's request, the name and address of the company or insurance with companies (which) he can work and works.
In cases where it is required to provide such information at the request of the client, it is informed of the right he has to seek this information.
§ 2. When the insurance intermediary informs the customer that he based his advice on an impartial analysis, it is required to base these tips on the analysis of a sufficient number of insurance contracts available on the market, so as to be able to recommend, on the basis of professional criteria, the contract of insurance which would be adapted to the needs of the client.

§ 3. Prior to the conclusion of a specific insurance contract, the insurance intermediary determines, in particular on the basis of the information provided by the client, at least requirements and the needs of the customer and shall ensure that the contract of insurance offered to the client meets these requirements and needs.
On this occasion, the insurance intermediary specific reasons justifying any advice provided to the client with respect to a contract of insurance determined if the intermediary provides advice. These details are modulated according to the complexity of the insurance contract proposed.
§ 4. It is not necessary to provide the information referred to in paragraphs 1, 2 and 3 when insurance mediation relates to the coverage of large risks.
S. 274. the insurance intermediary mentions on his writing paper as well as other documents relating to its activity of insurance mediation and emanating from him, and in his advertising, his registration number in the register of insurance and reinsurance intermediaries.
At the request of the client, he communicates the nature and the scope of its powers.
The particulars referred to in paragraph 1 are completed, with regard to insurance agents, with the names of all companies of insurance in the name and for the account of which they exercise activities of intermediation in insurance and, with regard to the subagents of insurance, by the name of the insurance intermediary for which they act.
The persons referred to in article 259, mention the name of the insurance undertaking for which they work directly or indirectly to each contact with the public.
The persons referred to in article 260, § 1, mention the name of the insurance or reinsurance intermediary for which they act to each contact with the public.
Section II. -Modalities of information article 275 § 1. Any information provided to customers under articles 273 and 274 is communicated: has) on paper or on any other durable medium available and accessible to the client.
(b) with clarity and accuracy, in a manner understandable to the client.
(c) in one of the official languages of the Belgium or in any other language agreed by the parties.
§ 2. The use of one durable medium other than paper to provide information to customers is permitted only on condition that: a) the provision of this information on this support is appropriate with regard to commercial transactions that take place between the insurance intermediary and the client; and (b) the client has been propose to receive the information either on paper or on this another durable medium, and he has specifically opted for the provision of information on this other support.
For the purposes of this paragraph, the provision of information by means of electronic communications will be considered appropriate to business operations that have or will take place between the insurance intermediary and the client if it is proved that the client has regular access to the internet. The provision by the client of an e-mail address as a means of communication for the purposes of these commercial operations will be interpreted as evidence of this regular access.
§ 3. The information referred to may be provided orally when requested by the client, where the coverage takes effect immediately.
In this case, the information is communicated to the client immediately after the conclusion of the contract of insurance, in accordance with the provisions of paragraph 1.
§ 4. In case of sale by telephone, information provided to the client are provided pursuant to the provisions of the Act of August 24, 2005, to implement certain provisions of the financial services remotely and the directive on privacy and electronic communications directive. In this case, information are, similarly, communicated to the client immediately after the conclusion of the contract of insurance, in accordance with the provisions of paragraph 1.
Section III. -Information to be provided by s. insurance company 276. the provisions of article 273, § 1, paragraph 1, 5 ° and 6 °, and §§ 3 and 4, and article 275 shall apply by analogy to insurance companies in their direct contacts with clients.
Section IV. -Other rules of conduct art. 277 § 1. Insurance intermediaries shall act in an honest, fair and professional manner for best interests

of their clients. The information they provide must be correct, clear and not misleading.
In their activity of intermediation, insurance intermediaries must respect the rules of conduct applicable to insurance undertakings. By Decree deliberated in the Council of Ministers, took notice of the FSMA, the King may, for all the categories of intermediaries of insurance or some of them, provide an adapted version of these rules of conduct or declare some of these rules in whole or in part not applicable, in order to take account of their role.
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2. Insurance intermediaries are relate their activity to insurance contracts which themselves, their distribution managers, and the persons referred to in article 260, paragraph 2, they occupy, know and are able to explain to clients the essential characteristics.
Insurance companies don't offer to purchase that insurance contracts including their distribution managers and the persons referred to in article 259, paragraph 2, that they occupy, are aware of and are able to explain to clients the essential characteristics.

§ 3. Without prejudice to the provisions of articles 26 and 27 of the law of 2 August 2002, the King is empowered to establish, by Decree deliberated in the Council of Ministers, taken on advice of the FSMA, in implementation of paragraphs 1 and 2, the rules of conduct and rules to prevent conflicts of interest, that insurance intermediaries must comply with.
§ 4. The King may, by Decree deliberated in Council of Ministers, on the advice of the FSMA, modify, Supplement, replace or repeal the other provisions of this Act in order to align the content on the rules of conduct referred to in this article and to ensure consistency with these rules. Orders made under this authorization are repealed right if they were not confirmed by law in the twelve months following their publication in the Moniteur belge.
Section V. - Conservation of data article 278 § 1. Insurance intermediaries maintain a record of all activity of insurance mediation carried out to enable the FSMA to check if the insurance intermediary shall comply with the provisions of this part, of the royal decree on the rules of conduct of level 1 and the royal decree to the rules of conduct for level 2, and in particular if it respects its obligations to its clients or potential clients.

§ 2. The FSMA may specify the provisions of this section by way of regulations made in pursuance of articles 49, § 3, and 64 of the law of 2 August 2002.
Section VI. -Liability article
279 § 1. Insurance companies that collaborate with insurance agents related responsibility full and unconditional of any action taken or any omissions committed by these insurance agents when they act in their name and on their behalf, insofar as this Act or omission concerning the rules of conduct covered by this part, the royal decree on the rules of conduct for level 1, or the royal decree on the rules of conduct for level 2. However is also responsible for failure bound insurance agent manifests.
Insurance companies shall ensure that related insurance agents with whom they collaborate indicate in what capacity they act before dealing with a client.
Insurance companies are required to control the activities of related insurance agents with whom they collaborate.

§ 2. Insurance agents and insurance brokers who collaborate with subagents of insurance assume full and unconditional responsibility of any action taken or any omissions committed by these subagents of insurance when they act on their behalf.
Insurance agents and insurance brokers shall ensure that the subagent for insurance with whom they collaborate indicate in what capacity they act before dealing with a client.
Insurance agents and insurance brokers are required to control the activities of the subagent for insurance with which they collaborate.
PART 7. -The ORGANISATION of the control title I. -The organisation of control and collaboration between authorities art.
280 § 1. Unless explicitly otherwise provided by this Act, the FSMA ensures control of compliance with the provisions of this law and its orders and regulations.

§ 2. By way of derogation from paragraph 1, the CMO is responsible for the control of compliance with the provisions of this Act and its orders of execution concerning mutual 43bis, § 5 articles, and 70, §§ 6, 7 and 8, of the law of 6 August 1990 on mutual societies and national unions of mutual societies, and those concerning insurance intermediaries referred to in article 68 of the law of 26 April 2010 on the various provisions in matters
(I) supplementary health insurance organization.
With regard to the powers of control and sanction provided for in this Act and its orders of execution with respect to mutual and insurance intermediaries referred to in article 1, "the FSMA" shall be read as "CMO", except in the provisions which establish a regulatory of the FSMA and the provisions on which the law itself provides a separate regime for the control exercised by the CMO. Orders that the King should take under this Act, notice of the FSMA, should also obtain the opinion of the CMO if it is anticipated that mutual societies or insurance intermediaries referred to in paragraph 1 fall within the scope of the orders in question.
The FSMA and the CMO conclude a cooperation agreement which sets including the exchange of information and organizes the uniform application of the law.
S.
281. the FSMA is responsible for the control of compliance by Belgian insurance companies and businesses of foreign insurance, with the exception of EEA insurance undertakings, rules which, in accordance with article 45, § 1, 3 °, f, of the law of 2 August 2002, aim to ensure treatment of honest, fair and professional stakeholders.
S. 282. in order to ensure effective and coordinated by insurance companies, control the Bank and the FSMA conclude a Protocol, they publish on their respective web sites.
The Protocol determines the terms of the collaboration between the Bank and the FSMA in all cases where the law provides advice, consultation, information or any other contact between the two institutions, as well as in cases where a consultation between the two institutions is necessary to ensure uniform application of the legislation.
S.
283. where, in the exercise of its control of compliance with the provisions of part 6 of this Act, the FSMA is governed by practices contrary to laws other than this Act, it shall inform the authorities that have such materials within their remit. Similarly, they shall inform the FSMA once their services found violations of laws, orders or regulations committed by companies and persons subject to this Act. This information shall remain subject to the obligation of professional secrecy to which these authorities are required.
S. 284. with a view to allow proper application of this Act and its orders and regulations, the FSMA cooperates with the Bank, with the competent authorities of Member States of the EEA, with the competent authorities within the meaning of article 2, point 11 of Directive 2002/92/EC as well as with the authorities of third countries to similar vocation , and can exchange with these authorities of the information confidential in accordance with the provisions of sections 75 and 77, §§ 1 and 2, of the law of 2 August 2002.
S. 285. any complaint of the head of offences under this Act must be brought to the attention of the FSMA by the judicial or administrative proceeding that 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 to the diligence of the registry of the Criminal Court that is seized.
TITLE II. -The exercise of control Chapter 1. -Provisions general article 286 § 1. The FSMA determines the information that insurers, reinsurance undertakings as well as insurance and reinsurance intermediaries are required to provide to enable it to verify if these insurers, companies and intermediaries comply with legal and regulatory provisions that apply to them. FSMA also determines the frequency and modalities of transmission of such information.
§ 2. On request of the FSMA, insurers, reinsurance undertakings as well as for insurance and reinsurance intermediaries are required to provide all information and issuing all documents necessary for the performance of its mission, and within the time limit which it shall determine. The particulars and documents referred to in this subparagraph shall be written at least in the language imposed by law or decree.
The FSMA may conduct inspections at the Belgian headquarters of insurers, reinsurance undertakings as well as intermediaries of insurance and reinsurance or from their branches, agencies, and offices in Belgium and learn and copy on the spot of any information in the possession of the insurers, reinsurance undertakings as well as for insurance and reinsurance intermediaries ,

After, in the case of an EEA insurance company, informing the competent authorities of the Member State of origin of the undertaking concerned.
The FSMA may carry out the inspections referred to in paragraph (2) with branches of Belgian insurers established abroad, subject, in the case of a Belgian insurance company branch established in an EEA State, prior notification of the competent authorities of that State. Similarly, it may ask the competent authorities of the Member State of the branch of a Belgian insurance company, to these inspections on its behalf.
Insurance and reinsurance intermediaries are required to provide to the FSMA, on request, any information concerning insurance contracts they hold.
For the implementation of this article, the FSMA may delegate members of its staff or independent experts mandated to this effect, that report.
§ 3. If it is applied to an insurer of the provisions of article 288, the FSMA may: a) extend the request for information or documents as well as the on-spot verification referred to in paragraph 2, subparagraphs 1 and 2, to any undertaking established in Belgium over which the insurer, either alone or jointly or in concert with others, is, in law or in fact control within the meaning of book II, title II, of the royal decree of 30 January 2001 implementing the companies code;
(b) do likewise against the companies or bodies established in Belgium who have passed with the insurer a management agreement, reinsurance or another agreement to transfer management;
(c) extend, under international conventions, the monitoring referred to in paragraph 2 to branches and subsidiaries established abroad, Belgian insurers. The FSMA may, for the purposes of this point (c), enter into agreements with foreign authorities.
This extension, which must be the subject of a reasoned decision, may have other objective than the verification of compliance by the insurer of the commitments towards policyholders, insured persons, beneficiaries or any third party having an interest in the execution of insurance contracts.
CHAPTER 2. -Measures of relief art.
287. without prejudice to the application of article 22, the FSMA demands the withdrawal or the reformation of the contractual or advertising material which it finds that they are not in accordance with the provisions laid down by or under the Act.
The FSMA informs the bank where it required the withdrawal or the reformation of contractual nature, in accordance with paragraph 1 of the documents.
S.
288 § 1. When the FSMA ascertains that a Belgian insurer or one foreign, other than an EEA insurance company, does not in accordance with the provisions of this Act and its orders and regulations, she puts the insurer notice of remedy, within the time limit which it shall determine, the observed situation.
The FSMA informed the Bank of the facts found in the head of the insurance company concerned.
§ 2. Without prejudice to other measures provided for by or under the Act, the FSMA may, if the situation at the end of the period it has imposed in accordance with paragraph 1 has not been remedied, take all appropriate measures and particularly prohibit insurers from concluding new insurance contracts or certain categories of new insurance contracts, understanding that , in the case of foreign insurers, this prohibition will focus on insurance contracts relating to risks and commitments located in Belgium.
The FSMA informed the Bank of the measures it has taken under this subsection, in respect of insurance undertakings.
§ 3. If the measures envisaged by the FSMA are likely to lead to the suspension or prohibition of the exercise direct or indirect activity of an insurance undertaking, the FSMA informs the Bank previously measures it wishes to take.
From the receipt of this information, the Bank has ten days to oppose the measures. The expiry of this ten day period, the Bank is deemed not to oppose the measures.
The Bank justifies its decision to oppose the measures and communicates to the FSMA by all appropriate means. The Bank determines the period during which the measures envisaged may not be performed without that this period does not exceed 30 days. This period may be extended with the consent of the FSMA.
Failing agreement between the Bank and the FSMA, the Bank can set up the arbitration procedure referred to in article 36A, § 4, of the law of 2 August 2002. If she uses this procedure, the bank informs the FSMA before expiry of that period.
If the Bank does not make use of the possibility provided for in paragraph 2 or in paragraph 4, the FSMA may take measures pursuant to paragraph 2.
§ 4. In the event of serious and systematic infringement of the rules referred to in article 45, § 1, paragraph 1, 3 °, or § 2, of the law of 2 August 2002, the Bank may revoke the approval on request of the FSMA according to the procedure and detailed rules laid down in article 36A of this same Act.
§ 5. The FSMA may require the insurer to which it addressed a formal notice in accordance with paragraph 1 to suspend marketing or certain forms of marketing of the insurance contract concerned on Belgian territory as long as the legal or regulatory provisions in question are not met. The order for suspension of marketing may extend to marketing via all or part of the persons to whom the insurer to which the injunction of the FSMA is addressed, appealed for the commercialization. The insurer to which the injunction is addressed, is obliged to immediately communicate this suspension of the marketing to all persons to which he appealed for the commercialization of the contract of insurance in question on Belgian territory and that the suspension of the marketing extends. In the interest of the users of financial products and services, the FSMA may make this decision public. The suspension of the marketing is thrown by the FSMA when it is established that the legal or regulatory provisions concerned are now met.
The FSMA informed the Bank of the measures it has taken pursuant to paragraph 1.

§ 6. Without prejudice to the provisions of article 277, § 2, the CMO is alone competent to adopt the measures provided for in this article with respect to mutual societies referred to in articles 43bis, § 5, and 70, §§ 6, 7 and 8 of the law of 6 August 1990 on mutual societies and the national unions of mutual societies.
S. 289. when the competent authorities of another Member State in which a Belgian insurance undertaking has established a branch or exercises of free provision of services activities, warn the FSMA that this company has violated legal, regulatory or administrative provisions applicable in that Member State, in respect of which those authorities are responsible and in Belgium falling within the field of competence of the FSMA , the FSMA takes as soon as possible, the most appropriate measures as laid down in article 288 that the undertaking concerned puts an end to that irregular situation. The FSMA must notify the abovementioned authorities.
S. 290. without prejudice to the possible application of article 288, § 5, FSMA may, in the event of extreme urgency, adopt the measures referred to in articles 288 and 289 without a time frame for either laid down in advance.
S. 291 § 1.
Where the FSMA finds that an EEA insurance undertaking does not comply with legislative and regulatory provisions applicable in Belgium in its field of competence, it puts the insurance company notice of remedy, within the time limit which it shall determine, the observed situation.
The FSMA informed the Bank of the facts found in the head of the EEA insurance undertaking concerned.

§ 2. Is the situation at the end of the period it has imposed in accordance with paragraph 1 has not been remedied, the FSMA shall inform the competent authorities of the Member State of origin of the EEA insurance undertaking.
In case of persistence of the deficiencies, the FSMA may, after informing the competent authorities of the Member State of origin of the EEA insurance undertaking, take appropriate measures to prevent new irregularities. The FSMA may, if circumstances so require, prohibit this insurance to continue undertaking to conclude insurance contracts or certain categories of insurance contracts relating to risks and commitments located in Belgium.
The FSMA informed the Bank of the measures it has taken in pursuance of paragraph 2.
§ 3. The FSMA may also instruct the EEA insurance undertaking to which it addressed a formal notice in accordance with paragraph 1 to suspend marketing or certain forms of marketing of the insurance contract concerned on Belgian territory as long as the legal or regulatory provisions in question are not met. The order for suspension of marketing may extend to marketing via all or part of the persons to whom the EEA insurance undertaking to which the injunction of the FSMA is addressed, appealed for the commercialization. The EEA insurance undertaking to which the injunction is addressed, is obliged to immediately communicate this suspension of

marketing to all people which it uses for the commercialization of the contract of insurance in question on Belgian territory and that the suspension of the marketing extends. In the interest of the users of financial products and services, the FSMA may make this decision public. The suspension of the marketing is thrown by the FSMA when it is established that the legal or regulatory provisions concerned are now met.
The FSMA informs the Bank, as well as the competent authorities of the Member State of origin of the insurance undertaking of the EEA, measures taken pursuant to paragraph 1.
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4. Without prejudice to the application of paragraphs 1, 2 or 3, the FSMA may, in emergencies, take appropriate measures to prevent infringements of the rules which are applicable to the EEA insurance undertaking and which fall within its field of competence. The FSMA may prohibit insurance to continue undertaking to conclude insurance contracts or certain categories of insurance contracts relating to risks and commitments located in Belgium.
The FSMA shall immediately inform the Bank and the competent authorities of the Member State of origin of the insurance undertaking of the measures it has taken.
§ 5. FSMA may, at the request of the competent Belgian authorities on the subject, be application of the previous paragraphs with respect to an EEA insurance company when she has done in Belgium of acts contrary to laws or regulations of general interest, as referred to in article 15.
S. 292 § 1.
When the FSMA ascertains that an intermediary of insurance or reinsurance does not in accordance with the provisions of this Act or of its orders and regulations of execution, other than articles 273, 275 and 277, 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 insurance or reinsurance intermediary and suspend the registration in the register.
If, at the end of the period it has imposed in accordance with paragraph 1, the FSMA notes that deficiencies have not been remedied, it shall cancel the registration of the insurance or reinsurance intermediary concerned.
The radiation causes the prohibition to exercise the regulated activity and to use the title.
§ 2. By way of derogation from the provisions of paragraph 1, where the FSMA finds that an insurance or reinsurance intermediary not complying with the provisions of article 268, § 1, 3 °, 6 ° and 8 °, it puts the notice to remedy the breach within a period of one month as from notification.
If, in the case referred to in paragraph 1, at the end of the period of one month, the breach, as well as in the event of bankruptcy of the insurance or reinsurance intermediary has not been remedied, the registration thereof in the register expires automatically. The FSMA must notify the insurance or reinsurance intermediary concerned.
§ 3. Where the FSMA finds that an insurance or reinsurance intermediary does not work in accordance with the provisions of sections 273, 275 and 277 and/or relevant Ordinances and regulations for their 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 insurance or reinsurance intermediary and suspend the registration in the register.
Without prejudice to other measures provided for by or under the Act, the FSMA may, if the situation at the end of the period it has imposed in accordance with paragraph 1 has not been remedied, take with respect to the insurance or reinsurance intermediary measures referred to in article 36A, § 2, of the law of 2 August 2002.
If, at the end of the period it has imposed in accordance with paragraph 1, the FSMA finds that deficiencies have not been remedied, it may cancel the registration of the insurance or reinsurance intermediary concerned.
The radiation causes the prohibition to exercise the regulated activity and to use the title.
S. 293 § 1. The FSMA decisions referred to in articles 288 to 292 sortissent their effects with respect to the insurer, the reinsurance undertaking or the insurance intermediary or reinsurance their notification or it by registered letter with acknowledgement of receipt or mail. Regarding the measures taken with respect to the insurance or reinsurance undertakings, they sortissent their effects against third parties from the date of their publication in the Moniteur belge.
§ 2. 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 insurance intermediaries and reinsurance, as well as decisions of modification, implementation remains, suspension and cancellation of the recordal.

§ 3. The FSMA may conduct, at the expense of the insurer or the insurance or reinsurance intermediary, to the publication of the measures it has taken with respect to it, in the newspapers and publications of his choice or in places and for the duration as it determines. It can also publish these measures on its web site.
S. 294 § 1. Without prejudice to other measures provided for by or under the Act, if the insurer or reinsurance undertaking to which / that she ordered to rule with the provisions of this Act or of its orders and regulations, is in default upon the expiry of the time limit imposed, the FSMA can, the insurer or reinsurance undertaking unable to present its case : 1 ° cause to latter / the latter a penalty that cannot be a day calendar of delay, top 50,000 euros, or total, for breach of an injunction, higher than 2 500 000 euro;
2 ° make public its views relating to the offence or the breach in question.
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2. 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.
§ 3. In urgent cases, the FSMA may make public its views concerning the offence or the breach in question without prior order for rule setting, the insurer or reinsurance undertaking unable to present its case.
S. 295. § 1. Notwithstanding the other measures provided for by or under the Act, if the insurance or reinsurance intermediary whereby it instructed to rule with the provisions of this Act or of its orders and regulations, remains in default upon the expiry of the time limit imposed, FSMA may, through unable to present its case : 1 ° impose on it a fine which may not be a day calendar of delay, top 5,000 euros, or total, for breach of an injunction, greater than 75,000 euros.
2 ° make public its views relating to the offence or the breach in question.
§ 2. 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.

§ 3. In urgent cases, the FSMA may make public its views concerning the offence or the breach without prior order for rule setting, the insurance or reinsurance intermediary unable to present its case.
CHAPTER 3. -Of liability art.
296. the directors, managers or general agents of insurance companies are liable to the policyholders, insured persons, beneficiaries or any third party having an interest in the execution of insurance contracts, for any damages resulting from the violation of the obligations imposed on insurance undertakings by this Act and its orders and regulations.
They are discharged this responsibility with respect to the offences to which they did not share that if no fault is due and if we cannot blame them for not have not implemented all the means at their disposal to prevent or limit the damage.
When several people are in accordance with paragraphs earlier, responsible same damage the solidarity can be invoked.
CHAPTER 4. -Specific skills in the case of winding-up and reorganisation measures article procedures
297. § 1. The FSMA may ask the competent Belgian authorities and the competent authorities of the home Member State of an insurance undertaking of the information on the life of a measure of reorganisation or winding-up proceedings.
§ 2. For the purposes of this chapter, the concepts of measurement of reorganisation and winding-up proceedings are to understand the meaning given to them in the law of 9 July 1975.
S. 298. when the competent authorities of an insurance company took the decision to open winding-up proceedings or to adopt a reorganisation measure, the FSMA may, after consultation with the competent authorities of the insurance undertaking, publish a notice in the Belgian Official Gazette and in two daily newspapers or periodicals to regional broadcasting.
This notice contains at least an extract from this decision and mentions the competent authorities, applicable law and, where appropriate, the designated liquidator or the sanitation Commissioner, and is published at least in one of the official languages of the Belgium.
TITLE III. -Administrative sanctions

S. 299 § 1. Without prejudice to other measures provided for by or under the Act, the FSMA may, when it finds an offence under the provisions of this Act or of its orders and regulations in the head of an insurer or a reinsurance undertaking, impose on the offender a fine, which may not exceed, for the same Act or to the same set of facts 2,500,000 euros.
§ 2. The fines imposed pursuant to this section shall be recovered for the benefit of the Treasury by the administration of the Cadastre, registration and domains.
S. 300 § 1. Without prejudice to other measures provided for by or under the Act, the FSMA may, when it finds an offence under the provisions of this Act or of its orders and regulations in the head of an insurance or reinsurance intermediary, impose on the offender a fine, which may not exceed, for the same Act or to the same set of facts 75,000 euros.
§ 2. The fines imposed pursuant to this section shall be recovered for the benefit of the Treasury by the administration of the Cadastre, registration and domains.
TITLE IV. -The Commission of insurance art.
301 § 1. An Advisory Committee that has the mission to deliberate on all matters referred to it by the Minister or the FSMA is hereby established under the name of "Commission of insurance".
The Commission may issue its opinion on all questions relating to insurance transactions that fall within the competences of the FSMA.
§ 2. The Commission is composed of twenty-six members, appointed by the King.
Eleven members are chosen among the representatives of authorized insurance companies in activities of insurance in Belgium, of which eight are presented on a double list by professional organizations most representative.
Six members shall be chosen from persons who may represent the interests of consumers;
two of them are presented on a double list by the Consumer Council. One of these six members represents the interests of the industrial and commercial enterprises.
Three members are chosen among the representatives of the insurance intermediaries operating in Belgium, the most representative presented on a double list by professional organizations.
Six other members, of whom one shall be appointed on the proposal of the Minister of finance, must present to the field of activities controlled under the FSMA of qualifications and professional experience.
As well as the CMO, the FSMA and the occupational accidents Fund, the Ministers in their jurisdiction problems concerning prevention, liability or compensation for damages accidentally caused to persons or property may delegate the Committee by an observer.
The King is also for each Member an alternate. The alternates are selected in the same way as full members.
§ 3. The Commission may be in her womb of the specialised sections by branch or group of branches of insurance; specific mortgage and capitalization operations sections may also be incorporated.
These sections are responsible for the preparation of the work of the Commission. The sections are formed taking into account the technical characteristics of activities considered and observing the balance between the interests of service providers and consumers. Each section contains at least four members of the Commission. Both the Commission that the sections may appeal to experts not members of the Commission which they believe useful to collect the opinion.
§ 4. The term of office of the members of the Commission is six years; It is renewable.
Exceptionally, during the first appointment, the mandate of seven members, appointed by the draw, will be limited to two years. The mandate of eight other members, also appointed by random draw, will be limited to four years.
The King appoints the President of the Commission among the members that make up and determines the benefits enjoyed by members of the Commission and the experts may be required.
§ 5. The FSMA assumes the secretariat of the Commission and sections. Member of the Board of Directors of the FSMA, who may be assisted by any member of the staff of the FSMA, may attend all meetings of the Commission or of sections.
The Commission shall establish its rules of procedure and submit it for the approval of the Minister.
Title V. - Extrajudicial system of complaints art.
302 § 1. It is established an extrajudicial system of treatment complaints loaded to help resolve disputes between, on the one hand, insurance companies and insurance intermediaries, and secondly, their clients, making a notice or acting as mediator.
The insurance ombudsman service should take the form of a legal person.
§ 2. The ombudsman service has the following missions: 1 ° examine all complaints of the policyholders, insured persons, beneficiaries and third parties having an interest in the execution of the insurance contract, bearing-the activities of insurance undertakings falling within the scope of application of this Act or of the law of 9 July 1975, including insurance companies of the EEA who have an establishment in Belgium or carry on insurance activities , for contracts governed by Belgian and/or amending law on - the activities of insurance intermediaries falling within the scope of application of this Act, including the insurance intermediaries who as home Member State another EEA Member State and operating in Belgium, for the acts governed by provisions of general interest that apply to them, and propose a solution.
2 ° do the mediation to facilitate resolution the amicable resolution of disputes which are the subject of a complaint as referred to in 1 °, on the understanding that it is not unaffected skills articles 58, 8 ° and 9 °, 64bis and 64ter of the Act of 10 April 1971 on work accidents attributed to the Fund for accidents at work with regard to mediation the control of compensation and social assistance to victims;
3 ° deciding on issues relating to the implementation of the pane 'consumers' of the codes of conduct of the business of insurance and insurance intermediaries;
4 ° to formulate opinions and recommendations in the context of his missions, also business insurance and individual insurance intermediaries.
§ 3. Within the insurance ombudsman service, a supervisory board is hereby established. It consists of a representative of insurance companies, a representative of the intermediaries of insurance, two representatives of consumers, a representative of the FSMA, a representative of the Minister and the FPS economy, SMEs, Middle Classes and energy and an independent insurance expert.
The missions of the Supervisory Board are the following: 1 ° to formulate advice to the Board of Directors of service ombudsman on the organisation and functioning of the service ombudsman;
2 ° exercise general supervision of the independence and impartiality of the ombudsman service;
3 ° to report annually to the King of the functioning of the ombudsman service;
4 ° ensuring the secretariat of the Office for the monitoring of pricing, referred to in article 216.
§ 4. The King may, by Decree deliberated in the Council of Ministers, taken on the advice of the FSMA, clarify the provisions of the preceding paragraphs and determine in particular the following:-the type of complaints and disputes that can be submitted to the ombudsman;
-the composition of the bodies and the operation of the ombudsman service;
-the procedures for accession to the ombudsman service. the King can also load the FSMA to collect applications and withdrawals of accession and to notify the service ombudsman;
-the terms and conditions for funding the ombudsman service; the funding is done by all Belgian insurance companies and all foreign insurance companies engaged in insurance activities in Belgium, and by insurance intermediaries authorized to pursue an activity of insurance mediation in Belgium, whether or not through the professional association to which they have acceded; the King may also set the terms of the payment of contributions and load the FSMA for the collection of these contributions;
-the procedure to be followed and the time limit within which such opinion shall be made or the mediation take place;
-the form in which notice or the intervention of the Ombudsman should, where appropriate, be rendered (e) public (public);
-the terms and conditions and the content of the annual report.
S. 303. the FSMA may apply to the insurance ombudsman service the information necessary to perform its statutory functions.
The FSMA determines the content of the information as well as the manner and form which such information should be provided.
Under the annual report of the ombudsman service, the FPS economy, SMEs, Middle Classes and energy can obtain further information from the insurance ombudsman service, whenever the federal public Service considers it necessary to develop legislative or regulatory initiatives.
PART 8. -PROVISIONS criminal art. 304 shall be punished by a term of imprisonment of one month to five years and a fine of 1,000 to 10,000 euros or one of those penalties only, insurance intermediaries who intervened in the subscription of an insurance contract

in contravention of article 268, § 1, 5 °.
S. 305 are punished by imprisonment of one month to five years and a fine of 1,000 to 10,000 euros or one of those penalties only, the directors, the persons responsible for the effective management, managers or agents of an insurer who knowingly and voluntarily made inaccurate statements to the FSMA, to members of its staff or the persons authorised by it , or who refused to provide the information requested pursuant to this Act or to its orders and regulations.
The same penalties are applicable to the directors, persons responsible for the effective management, Commissioners, managers or agents of an insurer who have not complied with the obligations imposed on them by this Act or its orders and regulations.
S. 306 shall be considered as lotteries and liable to the penalties referred to in articles 302 and 303 of the penal Code, all operations savings, capitalization and insurance with the accumulation of amounts to be distributed among stakeholders, either by way of drawing lots, or by the effect of a stipulation of survival exclusive of any commitment mathematically determined on the basis of the contributions or individual interests.
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307 shall be punished by a term of imprisonment of one month to five years and a fine of 1,000 to 10,000 euros or one of those penalties only: 1 ° those who, acting as insurer or agent of an insurer, attempt to reach or conclude contracts void under sections 97 and 159;
2 ° those as an insurance intermediary, involved in the conclusion of such contracts;
3 ° those who, as an insurer or agent of an insurer, do not respect the provisions laid down in articles 213 to 217.
S. 308 § 1. Without prejudice to the application of more severe penalties under the penal Code, shall be punished by a term of imprisonment from eight days to three months and a fine of 200 to 2,000 euros or one of those penalties only, one who with intent to defraud:-exercising the activity of insurance or reinsurance intermediary without being registered in accordance with the provisions of section 262;
-failure to comply with the provisions of article 265;
-load a worker to offer sale of insurance when it does not meet the requirements of part 6;
-accepts insurance contracts submitted by an insurance intermediary or unregistered reinsurance;
-providing an agency contract to an insurance intermediary or unregistered reinsurance;
-fails to communicate to the FSMA termination or breach of the contract referred to in article 268, § 1, 3 °;
-fails to mention information referred to in sections 273, 274 and 275;
-fails to communicate to the FSMA changes to the information as part of its registration in pursuance of the provisions of part 6, Chapter 2.
Persons convicted of any of the above offences may be subject the definitive or provisional closure of part or all of the premises assigned to the exercise of the activity of insurance or reinsurance intermediary.
If these offences are due to carelessness, they will be punished with a fine of 1 to 25 euros.
§ 2. Any person who refuses to provide the information and documents that the FSMA has requested in order to monitor the application of the provisions of part 6, which opposes the investigative measures or who makes a false declaration, shall be punished by a prison term of eight to fifteen days and a fine of 26 to 1 000 euros or one of those penalties only.
S. 309. all provisions of book 1 of the penal Code, without exception of Chapter VII and article 85, shall apply to offences under this Act.
S. 310. insurers are civilly responsible for fines that are condemned their directors, Commissioners, directors, managers or agents, in accordance with the foregoing provisions.
PART 9. -PROVISIONS of title 1 DIVERSE NATURE. -Provisions transitional art. 311 § 1.
The provisions of part 2, title III, of this Act are applicable to contracts of insurance entered into after the date of entry into force of this Act. For insurance contracts which were entered into before the date of entry into force of this Act, apply only from the date on which one of the following changes is made to the contract:-the existing insurance contract is bound to one or more new investment fund or the management regulations is amended; or - (minimum) performance requirements are modified.

§ 2. Articles 44, 50 and 51 apply immediately to the contracts offered and/or concluded after the date of entry into force of this Act. For insurance contracts which were entered into before the date of entry into force of this Act, these articles apply as soon as the modification and/or the renewal of those contracts and no later than the first day of the 13th month following the date of entry into force of this Act.
§ 3. Subject to paragraph 4 and with the exception of Chapter 5 of title IV of part 4, the provisions of parts 4 and 5 of this Act are applicable both to contracts concluded on or after the date of entry into force of this Act only to contracts concluded previously which are still pending at that date.
§ 4. If the event giving rise to the recourse action referred to in article 88 occurred before the date of entry into force of this Act, article 89, § 1, shall apply to the limitation period of recourse action so far as the Statute of limitations running under article 35, § 1, juncto article 34 of the law of 25 June 1992 on terrestrial insurance contract not yet happened to expire at the date of entry into force of this Act.
If the event giving rise to the recourse action referred to in article 256 occurred prior to the date of entry into force of this Act, article 256, second sentence, shall apply to the prescription of the action for recovery only if that limitation current pursuant to section 32 of the Act of 11 June 1874 containing titles X and XI of the commercial code had not yet arrived to expire on the date of entry into force of This Act.
§ 5. Insurance intermediaries which, dated April 30, 2014, were registered in the register of insurance intermediaries under the FSMA under article 262, § 1, or in the register of insurance intermediaries by the OCM, under section 262, § 3, comply, to keep their registration, article 270, § 1, 1 °, A, littera f), at the latest as of May 1, 2015.
§ 6. Insurers carry out formal adaptation of insurance contracts and other insurance documents to the provisions of this Act not later than the first day of the 13th month following that of the publication of the law. Until this date, existing and new insurance contracts may not be consistent in form with the provisions of this Act.
Also long insurance contracts and other insurance documents have not been adapted in accordance with paragraph 1 of this paragraph, the provisions of these documents that refer to provisions of the law of 9 July 1975 on the control of insurance undertakings, of the law of 25 June 1992 on terrestrial insurance, of the Act of 11 June 1874 containing titles X and XI , book 1st, of the commercial code and of the law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance, are assumed to refer to the equivalent provisions of the Act.
S. 312. articles 313-315 are applicable to insurance contracts relating to risks located in the EEA Member States which are in the Group of activities "non-life" and which have been concluded prior to the date of December 17, 2009, as referred to in article 28 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).
These provisions are also applicable to contracts of insurance risks situated in the EEA Member States which fall within the Group of activities "non-life" and which do not fall within the scope 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).
S. 313 § 1. Notwithstanding any clause to the contrary, when the contract is relative to risks situated in Belgium and that the policyholder is his habitual residence or central administration, the applicable law is the Belgian law.
By way of derogation from paragraph 1, when the contract is relative to risks situated in Belgium and that the policyholder has no habitual residence or central administration, the parties to the contract of insurance may choose to apply either the Belgian law or the law of the country where the policyholder has his habitual residence or central administration.
§ 2. When the contract is relative to risks situated in one Member State of the EEA, other than the Belgium, and the parties have not chosen the applicable law, the contract is governed by the law of the Member State where the risk is situated.
§ 3. When the policyholder shall exercise a commercial, industrial, business or profession and that the contract covers two or more risks relating to these activities located in Belgium and one or more other EEA Member States, the parties to the contract may

Choose the laws of the Member States where these risks are situated or that of the country where the policyholder has his habitual residence or central administration.
§ 4. Notwithstanding paragraph 1, paragraph 2, and paragraphs 2 and 3, when the Member referred to in these paragraphs States grant greater freedom of choice of the law applicable to the contract, the parties may avail themselves of this freedom.
§ 5. Notwithstanding paragraphs 1, 2 and 3, where the contract is located in Belgium but risks that these risks are limited to claims which arise in another EEA Member State, on the parties to the contract may choose the law of this State.
§ 6. For large exposures, the parties to the contract have free choice of applicable law.
In this case, the choice of the parties to one law other than the Belgian law cannot, when all elements of the contract are located at the time of this choice on the territory of the Belgium, be prejudicial to the mandatory provisions of Belgian law.
§ 7. The choice referred to in paragraph 1, paragraph 2, and in paragraphs 2 to 6 shall be express or result in some way of the clauses of the contract or the circumstances of the case. If this is not the case, or if no choice has been made, the contract is governed by the law of one, among the Member States entering into account under the terms of paragraph 1, paragraph 2, and paragraphs 2 to 6, with which it has the closest links.
If a part of the contract is severable from the rest of the contract and a closer link with another Member States entering online account in accordance with the above paragraphs, it may be applied to that part of the contract to the law of that other Member State.
It is presumed that the contract has the closest links with the Member State where the risk is situated.
§ 8. Where a Member State comprises several territorial units each of which has its own rules of law concerning contractual obligations, each unit is regarded as a State for the purpose of identifying the applicable law under sections 313-315.
S. 314 § 1. If the Belgian judge is entered, the provisions of article 313 may impair the application of the rules of Belgian law that must govern the situation, regardless of the law applicable to the contract.
It can be given effect to the mandatory provisions of the law of the Member State where the risk is situated or a Member State imposing the insurance obligation, if and to the extent where, under the law of that Member State, those provisions are applicable whatever the law applicable to the contract.
§ 2. The mandatory provisions of Belgian law are applicable irrespective of the law chosen by the parties when the risk is located in Belgium or when the Belgium imposes compulsory insurance.

§ 3. When the contract covers risks situated in more than one Member State, the contract is deemed, for the purposes of this article, as with several contracts each relate to a single Member State.
S. 315. when in the case of compulsory insurance there is a contradiction between the law State Member where the risk is situated and that of the Member State imposing the obligation to take out insurance, the latter prevails.
S. 316. articles 25, 27 and 313-315 shall not apply to contracts concluded before the date of entry into force of article 16 of the royal decree of 22 February 1991 amending the law of 9 July 1975 on the control of insurance undertakings.
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317. 318 and 319 articles are applicable to insurance contracts pertaining to the located commitments in the EEA Member States which are in the Group of activities 'life' and that have been concluded prior to the date of December 17, 2009, as referred to in article 28 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).
These provisions are also applicable to contracts of insurance risks situated in the EEA Member States which fall within the Group of activities 'life' and which do not fall within the scope 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).
S. 318 § 1. Notwithstanding any clause to the contrary, when the contract is related to undertakings located in Belgium, the law applicable is the Belgian law.
By way of derogation from paragraph 1, where the policyholder is a natural person who has his habitual residence in Belgium but is a national of a Member State of the EEA other that the Belgium, parties may choose to apply the law of that Member State.

§ 2. When the contract is related to undertakings in one Member State of the EEA, other than the Belgium, and the parties have not chosen the applicable law, the contract is governed by the law of the Member State where the undertaking is located.
§ 3. Where a Member State comprises several territorial units each of which has its own rules of law concerning contractual obligations, each unit is regarded as a State for the purposes of identifying the law applicable under sections 318 and 319.
S. 319 § 1. If the Belgian judge is entered, the provisions of article III-318 may impair the application of the rules of Belgian law that must govern the situation, regardless of the law applicable to the contract. It can be given effect to the mandatory provisions of the law of the Member State where the undertaking is situated, if and to the extent where, under the law of that Member State, those provisions are applicable irrespective of the law governing the contract.
§ 2. The mandatory provisions of Belgian law are applicable irrespective of the law chosen by the parties when engagement is located in Belgium.
TITLE II.
-Orders of performance art. 320. the King takes, on advice of the FSMA, the orders necessary for the implementation of this Act.
The Minister may fix the time limits in which the FSMA must give its opinion. In the event of failure to meet these deadlines, the notice is no longer required.
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321 § 1. The Royal Decrees deliberate in Council of Ministers concerning implementation of article 4, § 4, are taken on the joint proposal of the Minister of Justice, the Minister and the Minister of Social Affairs.
§ 2. The Royal Decrees made pursuant to part 4 are available on the joint proposal of the Minister of Justice and the Minister.
However, the Royal Decrees taken in pursuance of articles 62, 98, 159, 167, 178-180-199 will be on the only proposal of the Minister.
The Royal Decrees made pursuant to sections 212 to 224 will be on the joint proposal of the Minister and the Minister of health public.
§
3. The King has powers to him by the provisions of part 6 on the joint proposal of the Minister and the Minister of the Middle Classes.
S. 322 § 1. The Commission of insurance, referred to in part 7, title IV, is competent to issue opinions concerning the orders to be taken in implementation of article 4, titles I and II of part 2, titles I and II of part 3 of Chapter 1 of title III of part 3 and part 6.
The consultation of the Commission of insurance is not required for what is rules to be established by the King in accordance with article 4, § 4, and of article 268, § 1, 8 °.
§ 2. The Insurance Commission is also competent to give opinions on changes to the execution orders made under section 212, § 1, so on the eventual repeal or replacement of these orders of execution.
TITLE III.
-Provisions amending changes of the law of 9 July 1975 on s. insurance companies control 323 A article 21 of the law of 9 July 1975 on the control of insurance, the following changes are made: 1 ° 1st paragraph is replaced by the following: "§ 1." The Bank determines the information that insurance companies are required to provide to enable it to verify if these companies comply with the statutory and regulatory provisions that are applicable and which fall within the field of competence of the Bank. The Bank also determines the frequency and method of transmission of this information. ";
2 ° paragraph 1bis, paragraph 3 is replaced by the following: "upon request of the Bank, companies of insurance referred to in article 2, § 1, are required to provide all information and to deliver all documents that are necessary for the performance of its mission.";
3 ° paragraph 1bis, paragraph 4, is replaced by the following: 'the Bank may, at the headquarters of the companies or their subsidiaries, branches and offices in Belgium, take knowledge of all books, accounting documents, brochures and other documents, as well as all investigations relating to the financial situation and the activities of these companies.';
4 ° paragraph 1bis, paragraph 5 is replaced by the following: "the Bank may proceed with branches of Belgian undertakings established in another Member State, subject to prior notification of the competent authorities of that State, to the inspections referred to in paragraph 4. Similarly, it may request the competent authorities of the Member State of the branch, to these inspections on its behalf. ";
5 ° paragraph 1bis, paragraph 6 is replaced by the following: "the agents, brokers or insurance intermediaries are required to provide, upon

request, to the Bank, when it comes to its field of competence, all information concerning insurance contracts they hold. ";
6 ° paragraph 1bis, paragraph 7 is replaced by the following: "The Bank may, for execution of the preceding paragraphs, delegate members of its staff or independent experts mandated to this effect, that report.";
7 ° in paragraph 1B, paragraph 1, the words "the Bank and the FSMA, each in its field of competence, can" are replaced by the words "The Bank may";
8 ° in paragraph 1B, paragraph 1, third indent, the words "the Bank and the FSMA may" are replaced by the words "The Bank may";
9 ° in paragraph 1B, last paragraph, the words "as well as compliance by that undertaking of the commitments it has made with respect to the insured or beneficiaries of insurance contracts" are deleted.
S. 324. at section 21octies of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: '1.
The Bank requires the withdrawal or the reformation of the contractual or advertising material which it finds that they are not in accordance with the provisions laid down by or under the Act. It shall inform the FSMA. ";
2 ° in paragraph 2, paragraph 2, the words "article 138bis - 4, §§ 2 and 3, of the law of 25 June 1992 on terrestrial insurance contract" are replaced by the words "article 204, §§ 2 and 3 of the law of April 4, 2014 on insurance and the words" article 138bis - 2 of the law of 25 June 1992 on terrestrial insurance contract "are replaced by the words" article 202 of the Act of April 4, 2014 to the "" insurance. "."
S. 325 in section 22 of the Act, the following amendments are made: 1 ° to paragraph 1, paragraph 1, the words "and to the FSMA' shall be deleted;
2 ° to paragraph 1, paragraph 2, the words "the Bank and the FSMA may" are replaced by the words "The Bank may" and the words "formulating" are replaced by the words "formula";
3 ° to paragraph 1, paragraph 4, the words "the FSMA and the Bank reported" are replaced by the words "the Bank said";
4 ° in paragraph 2, paragraph 1, the words "and to the FSMA' shall be deleted;
5 ° in paragraph 2, paragraph 2, the words "or the FSMA, each in its field of competence," are deleted.
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326. article 28 of the Act is replaced by the following: 'article 28. when the competent authorities of another Member State in which a Belgian insurance undertaking has established a branch or performs activities in freedom to provide services, notify the Bank that this company has violated legal, regulatory or administrative provisions applicable in that Member State, in respect of which those authorities are responsible and in Belgium falling within the field of competence of the Bank , the Bank takes as soon as possible, the measures most appropriate among those provided for in articles 26 and 27 for the undertaking concerned puts an end to that irregular situation. It shall notify the abovementioned authorities. "."
S. 327. article 69 of the Act is replaced by the following: 'article 69. at the request of the Bank, insurance companies must submit all information and provide all documents for the control of compliance with the legal provisions and regulations of general interest which are applied in Belgium of insurance companies and their activities and falling within the field of competence of the Bank. The information and material referred to in this subparagraph shall be written in the language imposed by law or decree.
For the same purpose, the Bank may carry out inspections on the spot in the Belgian branch or take copies of any information in the possession of the insurance undertaking, after informing the competent authorities of the Member State of origin.
For the same purpose, agents, brokers or insurance intermediaries are required to provide to the Bank, on request, any information concerning insurance contracts relating to risks situated in Belgium, they hold.
The Bank may, in the performance of the three preceding paragraphs, delegate members of its staff or independent experts mandated to this effect, that report. ". '
S. 328 A section 71 of the Act, the following amendments are made: 1 ° 1st paragraph is replaced by the following: "§ 1." When an insurance undertaking does not comply with legislative and regulatory provisions applicable in Belgium in the field of competence of the Bank, this one puts the insurance company notice of remedy, within the time limit which it shall determine, the observed situation.
The bank informs the FSMA of its intention to make application of the preceding paragraph.
If, at the end of the abovementioned period, it has not remedied the situation, the Bank shall inform the competent authorities of the Member State of origin concerned.
In case of persistence of the deficiencies, the Bank may, after informing the competent authorities of the home Member State, take appropriate measures to prevent new irregularities.
The Bank may, if circumstances so require, prohibit this company to insurance to continue to conclude insurance contracts relating to risks situated in Belgium. The Bank may conduct, at the expense of the insurance undertaking, to the measure of prohibition publication in journals and publications of his choice or in places and for the duration as it determines.
Article 26, § 2A, is applicable.
The bank informs the FSMA on measures it has taken in pursuance of the preceding paragraphs. ';
2 °, paragraph 2 is replaced by the following: "§ § 2 2" Without prejudice to the application of § 1, the Bank may, in emergencies, take appropriate measures to prevent infringements of the rules which are applicable to insurance undertakings and which fall within its field of competence. The Bank can prevent to continue insurance undertakings to conclude new contracts for Belgian risks.
It may conduct, at the expense of the insurance undertaking, to the measure of prohibition publication in journals and publications of his choice or in places and for the duration as it determines.
The Bank shall immediately inform the FSMA and the competent authorities of the home Member State of the measures it has taken. ";
3 ° to operative paragraph 4, the words "the FSMA and the Bank may" are replaced by the words "The Bank may".
S. 329 A section 73/3 of the Act, the following amendments are made: 1 ° 1st paragraph, the sentence "Bank and the FSMA may publish a notice in the Belgian Official Gazette and in two daily newspapers or periodicals to regional broadcast."
is replaced by the phrase "article 298 of the Insurance Act of April 4, 2014 is applicable.";
2 ° paragraph (2) is repealed.
S. 330 A article 73/4 of the Act, the words "and the FSMA may" shall be replaced by the word "may".
S. 331 A section 81 of the Act, the words "or the FSMA, as the case may be," shall be deleted.
S. 332 A article 82, § 1, of the Act, the words "the FSMA or"and the words", as appropriate, of the FSMA or" are deleted.
Modifications of Act of 2 August 2002 on the supervision of the financial sector and financial services s.
333 A article 30ter, § 3, of the Act of 2 August 2002 on the supervision of the financial sector and financial services, inserted by the Act of July 30, 2013, inserted a 3 ° 1 worded as follows: "3 ° 1 provided that the King has made use of the authorisation referred to in paragraph 1, paragraph 2, 4 °, in relation to insurance and reinsurance intermediaries ' , article 273, paragraph 3 of the Insurance Act of April 4, 2014; "."
S. 334. article 36, § 1, of the Act, as amended by the royal decree of 3 March 2011 and the law of July 30, 2013, is supplemented by a paragraph worded as follows: ' the FSMA may also require the person to whom she addressed an injunction pursuant to paragraph 1 to suspend marketing or certain forms of marketing of the financial product concerned on Belgian territory as long as the legal or regulatory provisions in question are " not respected. The order for suspension of marketing may extend to marketing via all or part of the persons to whom the person to which the injunction of the FSMA is addressed, appealed for the commercialization. The person to whom the injunction is addressed, is obliged to immediately communicate this suspension of the marketing to all persons to which it uses for the commercialization of the financial product in question on the Belgian territory and that the suspension of the marketing extends. In the interest of the users of financial products and services, the FSMA may make this decision public. The suspension of marketing is thrown by the FSMA when it is established that the legal or regulatory provisions concerned are now met. "."
S. 335 article 36A, § 2, paragraph 1, 1 °, of the Act, the words "certain financial instruments, investment products or insurance products" are replaced by the words "certain categories of financial products".
S. 336. at article 45, § 1, of the same law, replaced by the royal decree of 3 March 2011 and amended by laws of November 13, 2011 and July 30, 2013, the following changes are made: 1 °

in paragraph 1, 2 °, e, "the law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance" shall be replaced by the words "Act of April 4, 2014 insurance";
2 ° to the paragraph 1, 3 °, c. is replaced by the following: "v. the law of April 4, 2014 on insurance, and its orders and regulations;";
3 ° to the paragraph 1, 3 °, e is repealed;
4 ° paragraph 3 is replaced by the following: ' by way of derogation from paragraph 1, the control of compliance with the rules referred to in paragraph 1, 3 °, and § 2, by the mutual societies referred to in articles 43bis, § 5, and 70, §§ 6, 7 and 8 of the law of 6 August 1990 on mutual societies and the national unions of mutual statement of the powers of the Office of control of mutual societies and the national unions of mutual societies. ".
Amendments of the Act of 16 June 2006 on public offers of investment instruments and admission of investment instruments to trading on regulated markets article 337. article 4, § 1, of law of 16 June 2006 on public offers of investment instruments and admission of investment instruments to trading on regulated markets is complemented by a 3 ° bis worded as follows: "3 ° bis rights which enable to perform a financial investment and which bear directly or indirectly on one or more movable or on a farm" organized by association, joint ownership or group of law or fact, and whose management, organized collectively, is entrusted to one or more persons acting professionally, unless these rights are unconditional, irrevocable and full delivery goods in kind;
The King may, by royal decree taken on advice of the FSMA, extend or restrict the types of goods referred to in paragraph 1.
Amendments to the law of 31 July 2009 amending the law of 27 March 1995 on insurance and reinsurance intermediation and insurance and distribution Act of 22 March 2006 on intermediation in banking and investment services and the distribution of financial instruments art.
338. section 3 of the Act of 31 July 2009 amending the law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance and the law of 22 March 2006 on intermediation in banking and investment services and the distribution of financial instruments, the following changes are made: 1 ° a) is repealed;
2 ° b) is repealed.
3 ° d) is repealed;
4 ° e) is repealed.
S. 339. article 7 of the Act is repealed.
S. 340. Chapter 4 of the Act is repealed.
Amendments to the Act of January 21, 2010, amending the law of 25 June 1992 on terrestrial insurance in what concerns the assurances of the remaining balance owed for people with an increased health risk art.
341. article 2 of the law of 21 January 2010 amending the law of 25 June 1992 on terrestrial insurance with respect to insurance of the balance outstanding for people with an increased health risk is repealed.
S. 342. articles 4 and 17 of the Act are repealed.
S.
343 A section 18 of the Act, the following amendments are made: 1 ° 1st paragraph is repealed;
2 ° in paragraph 2, the word "However," is deleted.
Amendments to the insurance article Act of April 4, 2014 344 A article 4, § 1, paragraph 2, of the law of April 4, 2014 relative to insurance, the word "and" is deleted and the words '270a' shall be inserted between the words "last paragraph", and the words ", as well as to the".
S. 345 A section 270 of the Act, the following amendments are made: 1 ° in paragraph 4, paragraph 1, 2 ° is replaced by the following: "2 ° a higher secondary education certificate holders who pass an examination organized by or pursuant to a decree, by a professional representative, an insurance or reinsurance undertaking, an insurance or reinsurance intermediary or a credit institution" , and to verify the possession of such professional knowledge. The review referred to in this provision must be approved by the FSMA. The FSMA may, by regulation, specify the rules to be met by the examinations that are organized. The applicant must also provide proof of practical experience which the duration will be determined by the King but may not exceed two years. For reinsurance intermediaries, the duration of practical experience is set at five years. ";
2 ° in paragraph 4, paragraph 3 is replaced by the following: "the business of insurance and reinsurance, professional organisations, insurance or reinsurance intermediaries and credit institutions shall communicate to the FSMA content and modalities of the review they organize pursuant to paragraph 1, 2 °." The FSMA checks whether the examinations that are organized meet the requirements under this section. It may, if necessary, withdraw its approval. ";
3 ° paragraph 6 is replaced by the following: "§ § 6 6" Insurance companies and, where appropriate, insurance and reinsurance intermediaries answer knowledge of sufficient basis laid down in paragraph 2 of the persons referred to in article 259, paragraph 2, and article 260, paragraph 2. The possession of this knowledge base is verified by a review which shall be approved by the FSMA in accordance with paragraph 4, paragraph "3.;
4 ° to operative paragraph 7, the words "and the basic training" are deleted.
S.
346. in the Act, it is inserted an article 270a as follows: "article 270a. the insurance and reinsurance companies, professional organisations, insurance or reinsurance intermediaries and credit institutions referred to in article 270, § 4, paragraph 3, which the FSMA has approved training program before the date of entry into force of this section, set by the King, are required to communicate to the FSMA the content and modalities of the review they organize in accordance with section 270 § 4, paragraph 1, 2 °, within six months at the latest of the above date."
TITLE IV. -Provisions repealing art. 347 are repealed:-article 3, paragraph 3, article 9, § 1, paragraph 1, last sentence, article 19, § 1, article 19A, article 19ter, article 20, article 21, § 1bis, paragraphs 1 and 2, article 21octies, § 2, paragraph 3, articles 28B(c) to 28decies, article 41, article 65, article 76 and article 77 of the law of 9 July 1975 on the control of insurance undertakings;
-the law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance;
-chapters II, III and IV of title I, title II, chapters I, III, IV and V of title III, sections I, with the exception of article 97, II, III, IV and V of chapter II of title III and subsection II of section VI of chapter II of title III of the law of 25 June 1992 on terrestrial insurance contract;
-the Act of 11 June 1874 containing titles X and XI, book 1st, of the commercial code.
Insurance in general - some land insurance in particular;
-article 86ter, § 1, 5 °, of the Act of 2 August 2002 on the supervision of the financial sector and financial services.
Title V. - other provisions art. 348 § 1.
Legal provisions not contrary to this Act, who refers to provisions of the law of 9 July 1975 on the control of insurance undertakings, of the law of 25 June 1992 on terrestrial insurance, of the law of 11 June 1874 containing titles X and XI, book I, the commercial code and of the law of 27 March 1995 on insurance and reinsurance and the distribution of insurance intermediation , are assumed to refer to the equivalent provisions of the Act.
§ 2. The regulatory provisions that have been taken in pursuance of the provisions of the law of 9 July 1975 on the control of insurance undertakings, of the law of 25 June 1992 on terrestrial insurance, of the law of 11 June 1874 containing titles X and XI, book I, the commercial code and of the law of 27 March 1995 on insurance and reinsurance and the distribution of insurance intermediation times in the Act and which are not contrary to this Act, continue in force until repealed or replaced by orders made pursuant to this Act.
§ 3. Two years after the entry into force of this Act, the FSMA evaluates the application and operation. It collects to that effect the opinion of the Bank, the CMO and the Insurance Commission. The FSMA may, on the basis of this assessment, make recommendations to the Minister.
S. 349. by Decree deliberated in the Council of Ministers, the King may, on the advice of the FSMA, take the necessary measures to ensure the transposition of the mandatory provisions resulting from international treaties or international acts taken pursuant to them, in the matters governed by the provisions of this Act. Orders made under this section may change, Supplement, replace or repeal the legal provisions in force.
The royal decrees referred to in this section are repealed right when they were not confirmed by law within 24 months following their publication in the Moniteur belge.
S. 350 are confirmed with effect from the date of their respective commencement:-royal decree

February 21, 2014 regarding the modalities of application to the insurance sector of articles 27-28A of the Act of 2 August 2002 on the supervision of the financial sector and financial services;
-the royal decree of February 21, 2014, amending the law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance.
S. 351. to keep their registration, insurance intermediaries which, dated April 30, 2014, are registered in the register of insurance intermediaries by the CMO under article 5, paragraph 3, of the law of 27 March 1995 on insurance and reinsurance and the distribution of insurance intermediation must comply with article 11, § 1, 1 °, A, f) of the Act, as amended by the royal decree of February 21, 2014, amending the law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance, no later than as of May 1, 2015.
TITLE VI. -Entry into force art. 352. this Act comes into force the first day of the month following the expiration of a period of six months the day following its publication in the Moniteur belge, except with regard to the provisions which shall be the date of entry into force in accordance with article 353.
By way of derogation from paragraph 1, articles 334 and 335 come into force the tenth day following that of the publication of this Act in the Moniteur belge, the 350 section comes into force the day after the publication of this Act in the Moniteur belge and article 351 shall enter into force on April 30, 2014.
S. 353. § 1. The fixed King, within a period of twelve months the date of publication of this Act in the Moniteur belge, the date of entry into force of Chapter 5 entitled "Provisions specific to certain insurance contracts that guarantee the repayment of capital of a credit", contained in part 4, title IV, or, where appropriate, the date of entry into force of one or several of such articles chapter.
§
2. The King sets the date of entry into force of articles 344, 345 and 346.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, on April 4, 2014.
PHILIPPE by the King: the Minister of the economy, J. VANDE LANOTTE sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) House of representatives: (www.lachambre.be) Documents: 53-3361-2013/2014 full record: 19 and 20 March 2014.
Senate: (www.senate.be) Documents: 5-2767-2013/2014.