Miscellaneous Provisions Act For Smes (1)

Original Language Title: Loi portant dispositions diverses en matière de P.M.E. (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011041&caller=list&article_lang=F&row_id=900&numero=967&pub_date=2014-02-03&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-02-03 Numac: 2014011041 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy January 15, 2014. -Law on various provisions in SMEs (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1.
This Act regulates a matter referred to in article 78 of the Constitution Chapter 2. -Protection of the residence article 2A article 72, paragraph 1, of the Act of April 25, 2007, relating to the provisions various (IV) "in principal" shall be replaced by the words "main title, complementary or quality of assets after pension".
S.
3 A section 75 of the Act, the following amendments are made: 1 ° in paragraph 3, the words "condominium" are repealed;
2 ° paragraph 3 is supplemented by the words: "If immovable property related to the same condominium statutes have already been established, they should be modified.";
3 ° three paragraphs, written as follows, shall be inserted before paragraph 4: "the total surface, which must be taken into account for the calculation of the threshold, has the surface of the building, including all the floors and the ground." Surfaces that are allocated both for private use that for professional use, are supposed to be assigned to professional for all purposes, with the exception of surfaces including the professional character is limited to a passage function and which may be considered as assigned to the principal residence.
In the presence of undivided rights in rem, is account total surface of the Commons building for the calculation of the threshold.
For the drafting of the statutes, section 577-3, first paragraph, in fine of the civil Code may be applied, if the conditions are met."
S. 4 in article 76, paragraph 1, of the Act, the word "registered" is replaced by the word "transcribed".
In the same paragraph, the word 'register' is replaced by the word "transcript".
S.
5 in article 77, paragraph 1, of the Act, "registration" shall be replaced by the words "transcript".
Paragraph 4 of the same article is replaced by the following: "It continues to produce its effects for the past after the loss of the quality of independent worker, even after a bankruptcy."
In the same article, it is inserted a paragraph 5, worded as follows: "It also continues to produce its effects in the event of modification or cessation of independent activity."
S. 6 A section 78 of the Act an inserted three read as follows: "waiver of the benefit of the declaration for one or more specific claims takes precedence over the waiver to the declaration for all claims."
S. 7 section 79 of the Act, the word "huwelijksstelsel" is replaced by the word "huwelijksvermogensstelsel" in the Dutch version.
S. 8A section 80 of the Act, the words "; This revocation does produce its effects for the future"are inserted after the words" the declaration".
S. 9. article 81 of the Act is replaced by the following: 'article 81 § 1. In the event of transfer of real rights designated in the declaration, the price obtained remains elusive with respect to creditors whose rights were born later in the transcript of this declaration and on the occasion of the professional activity of the declarant on condition that such sums are used within a period of one year from the date of the deed by the registrant to acquire immovable property where the principal residence is established.
During the period referred to in paragraph 1, the amounts are kept in the hands of the notary who received the deed of cession of rights in rem. If the Act is received by several notaries, amounts are kept in the hands of the notary who is appointed by the declarant.
The newly acquired residence rights remain elusive against creditors referred to in paragraph 1 when the Act of acquisition contains a declaration of reinvestment of funds, even if the price of the new property exceeds the amount of the funds obtained, unless creditors indicate that the independent has intentionally reduced its solvency.
Where appropriate, the threshold laid down in article 75 shall be recalculated. The new proportion should be mentioned in the declaration for re-use.

The declaration of reinvestment of funds is subject to the conditions of validity and enforceability under articles 74, 75 and 76.
§ 2. In the event of seizure under a claim against which the statement produces no effects, the previous paragraph apply to the portion of the price after auction who returns to creditors to whom the statement was binding."
S.
10. article 82 of the Act, as amended by the Act of 6 May 2009 on the miscellaneous provisions, is replaced by the following: 'article 82. at the occasion of the drafting of the declaration and its revocation of the fixed fee whose amount shall be fixed in accordance with the law of August 31, 1891, pricing and collection of fees of notaries, are paid to the notary.
Also a long time the amount of the fees referred to in paragraph 1 was not set in accordance with this paragraph, the amount of the fees of notaries is set at 500 euros for the establishment of the declaration in addition to the actual costs of transcription or the cancellation of the declaration.
The fees referred to in paragraph 1 are due only once where the declaration or its revocation concerns a self-employed person and spouse caregiver or two self-employed married or cohabiting carrying jointly in the same unit of establishment."
CHAPTER 3. -Improved SPRL-S art. 11A article 211a of the companies Code, inserted by the law of January 12, 2010, the words "and provided that it is not the equivalent of five workers full-time" are repealed.
S. 12. in article 213, paragraph 3 of the same Code, inserted by the law of January 12, 2010, the words "and no later than the ECSC period of five years provided for in article 214, § 2, paragraph 2" are repealed.
S. 13. in article 214, paragraph 2, of the same Code, inserted by the law of January 12, 2010, the words "no later than five years after its incorporation, or as soon as the company occupies the equivalent of five full-time workers, the company must carry out an increase in its capital at least to the amount provided for in paragraph 1" are hereby repealed.
S. 14A article 333, paragraph 2, of the same Code, inserted by the law of January 12, 2010, the words "and no later than at the expiration of the period of five years provided for in article 214, § 2, paragraph 2" are repealed.
CHAPTER 4. -Modification of the Act of 22 April 1999 professional discipline of accountants and tax consultants s. 15. article 5, § 1, of the Act of 22 April 1999 professional discipline of accountants and tax consultants is supplemented by a paragraph 4 as follows: "each final decision of the Committee on discipline and the Appeal Board pronounced even ex officio, condemns the Member of the Institute for which a disciplinary sanction has been pronounced at the expense of procedure.
The amount of the costs of the proceedings is annually and flat manner determined by the General Assembly. "."
CHAPTER 5. -Changes in the accounting and tax professions article Act of 22 April 1999 16 A article 14 of Act of 22 April 1999 on tax and accounting professions, including the current text will form the paragraph 1, the following changes are made: 1. paragraph 1 is supplemented by a 4 and a 5, worded as follows: "4 the costs of proceedings as provided for in article 5, § 1, of the law on professional discipline of accountants and tax consultants;"
5 the fee for sending by registered or not reminders and warnings, which are passed on to the members of the Institute did not respond to a request for information that was sent to them by the Council or by one of its representatives within the deadline set by the Council and the costs related to investigations complementary to these members , including summonses. ";
2. This article is supplemented by the following paragraph: "The amounts of fees, such as that provided for in the paragraph 1, 5, are determined annually and flat manner by the General Assembly.".
S. 17. in article 19, paragraph 1, of the act as amended by the royal decree of 25 February 2003 and by the law of 2 June 2013, 3 is replaced by the following: "3 carrier of a Belgian diploma recognized by the community, Flemish, French or German level"master"issued after 4 years of study at least be level"bachelor"or graduated in one of the fields of study of type legal or economic that the King determines or meet the conditions laid down by the King, or meet the diploma requirements determined by the King. The diplomas awarded abroad are admitted subject to prior recognition of their equivalence with a Belgian diploma referred to the present 3 by the Belgian authority competent.
The King may authorize the Board of the Institute to admit in individual cases the equivalence of diplomas awarded abroad. "."
CHAPTER 6. -Entry into force art. 18. the King determines the date of entry into force of article 17.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, January 15, 2014.
PHILIPPE by the King: the Minister of the Middle Classes, SMEs and the self-employed, Ms. S. LARUELLE. the Minister of Justice, Ms. A. TURTELBBOM the Minister of economy,

J. VANDE LANOTTE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM Note House of representatives (www.lachambre.be) Documents: 53-172-3073.
Full record: 5 December 2013.
Senate (www.senate.be) Documents: 5-132 - 5-2382.
Annals of the Senate: December 17, 2013.