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Posted the: 2014-01-22 Numac: 2014009011 SERVICE PUBLIC FÉDÉRAL JUSTICE January 7, 2014. -Act to amend the status of bailiffs 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 77 of the Constitution.
CHAPTER 2. -Changes of Code judiciary art.
2. the second part, book IV, of the Judicial Code, containing articles 509-555quater is replaced by the following: "book IV. -Chapter I: bailiffs. -The title, status, appointment, the oath and the establishment art. 509 § 1. Bailiffs are public officials and judicial officers in the exercise of official duties that are assigned or reserved by a law, a decree, an order or a royal decree.
They confer authenticity to their acts in accordance with article 1317 of the civil Code.
There are some bailiffs in each judicial district.
They are appointed for life by the King among the candidates according to the rules laid down in article 515.
§ 2. A bailiff who honourably resigned may bear the title of honorary bailiff, as was bestowed by the King.
S. 510 § 1.
Each year, the King appoints a number of candidates-bailiffs.
2. After obtaining the opinion of the National Chamber of bailiffs, King stops the number, by linguistic role, candidates-bailiffs to appoint each year. This number is fixed by the King according to the number of bailiffs of incumbent to appoint justice, the number of winners of previous sessions which have not yet been appointed and the candidates-bailiffs need additional.
The linguistic role is determined by the language of the diploma.
The royal decree taken under paragraph 1 so that a call to candidates are published each year in the Moniteur belge.
§ 3. To be named candidate-bailiff, the person concerned must: 1 ° be a carrier of a doctoral degree, of Licentiate or master of law;
2 ° to produce an extract from the judicial record whose date is subsequent to the publication of the call for candidates referred to in § 2, paragraph 2;
3 ° be Belgian and enjoyment of the civil and political rights.
4 ° be bearer of the certificate of training provided for in article 511;
5 ° be included on the final list referred to in article 513, § 5.
S. 511 § 1. To obtain a certificate of internship, the person concerned must have done an effective two years internship complete not interrupted in one or more studies of bailiff of justice-master of internship. The supervisor is a bailiff who performs the function for at least five years complete and who has incurred no penalty of high discipline.
§ 2. The probationary period cannot begin to run until the moment the person concerned received the degree of doctor, degree or master's degree in law.
§ 3. Do not constitute a means of interrupting, but only a cause of suspension of the traineeship: 1 ° the annual vacation of thirty calendar days at most;
2 ° the absences for illness justified by medical certificates and a total duration not exceeding six months during the period of the internship;
3 ° the parental leave;
4 ° the absences due to circumstances of force majeure recognised by the National Chamber of bailiffs.
§ 4. The King fixed content and the organizational arrangements for the course and the number of hours of training permanent, relevant to the exercise of the profession of bailiff, to follow. The conditions that must complete this training are determined by the National Chamber of bailiffs.
The duration and content of the completed internship should highlight book of training course prepared by the master (s) of course. The course book is established in two copies. A copy is given to the trainee against acknowledgement of receipt. The second is transmitted to the National Chamber of bailiffs.
After reception of the book of course and verification of its compliance with the conditions laid down by the present article, the Chambre nationale des huissiers de justice issues a certificate of internship at the intern.
512 § 1. There is hereby established a commission of appointment of judicial officers of French-language and a commission of appointment of bailiffs of Dutch language.
These two commissions together form the nomination commissions met des huissiers de justice.
The appointment of Dutch language Committee is responsible for:-the classification of the most suitable candidates for appointment of candidate-bailiff, whose language the diploma referred to in article 510, § 3, 1 °, is Dutch;
-the ranking of the candidates for appointment of holder bailiff in the judicial districts where the commission on appointment of French-language and appointment committees gathered are not competent.
The French-language Nominating Committee is responsible for:-the classification of the most suitable candidates for appointment of candidate-bailiff, whose language the diploma referred to in article 510, § 3, 1 °, is the french;
-the ranking of the candidates for appointment of holder bailiff in the judicial districts located in the Walloon Region.
Together appointment commissions are competent for:-the ranking of the candidates for appointment of holder bailiff in the legal district of Brussels.
-the drafting of the programme of the competition for admission referred to in article 513.
§ 2. Each Nominating Committee is composed as follows: 1 ° a magistrate in function chosen among the judges of the courts and magistrates of the public Ministry;
2 ° three bailiffs which are derived from three different judicial districts, including the one less than three years ' seniority at the time of its designation;
3 ° a professor or lecturer from a Faculty of law at a Belgian University, which isn't bailiff or candidate-bailiff;
4 ° an external member having professional experience useful for the mission.
The Minister of Justice shall appoint the members of the commissions of appointment.
Bailiffs appointed on presentation of the National Chamber of bailiffs.
Each Member is appointed to be part of the one or the other Nominating Committee, according to its linguistic role. The linguistic role is determined for bailiffs, lecturers and professors, by the language of their diploma. At least one member of the commission for the appointment of French-language or an alternate must justify the knowledge of German, in accordance with articles 45, § 2, and 43quinquies of the Act of 15 June 1935 concerning the use of languages in judicial matters.
It is designated for each Member an alternate who meets the same conditions.
A mandate or a Nominating Committee is incompatible with a political mandate.
Members of a Nominating Committee serve for a term of four years; an outgoing member may be reappointed once. A member who is unable to continue to carry out its mandate is replaced right by his substitute, which completes its mandate. The Chairman asked that designated a new substitute which completes the term of the alternate member.
Commission appointment, shall by a simple majority, elect a president, a vice-president and a Secretary among its members.
The Presidency of the commissions of appointment met is exercised for a period of two years alternately by the respective presidents of the commissions of appointing francophone and Dutch-speaking. During the first two years, the Presidency is entrusted to the older of the two.
§ 5. For the Nominating Committee may deliberate and take decisions validly, all its members must be present. In case of absence or incapacity of a member, his Deputy replaces it.
Decisions are taken by a simple majority of the votes. In the event of parity, the voice of the president of the commission of appointment or the vice-president who replaces it is preponderant.
§ 6. It is prohibited to members of a Nominating Committee to participate in a deliberation or a decision in which they have a personal, direct or indirect interest.
7. The modalities of functioning of the commissions of appointment and attendance of members are fixed by the King. Appointment committees can establish internal regulations to be approved by the King. Appointment commissions use a list of uniform assessment criteria. The regulation and the list are approved by the King.
S. 513. § 1.
The holder of a certificate of training course referred to in article 511 who wishes to become candidate-bailiff must, under penalty of forfeiture, apply to the Minister of Justice, under the terms laid down by the King, in a period of one month from the date of the publication in the Moniteur belge of the royal decree referred to in article 510, § 2, paragraph 2.
To be admissible, each nomination for appointment of candidate-bailiff must contain schedules determined by the King.
2. Each candidate who meets the conditions of article 510, § 3, 1 ° to 4 °, is returned, depending on its linguistic role, to one or the other commission of appointment referred to in section 512.
Each nominating committee shall assess the knowledge, maturity and practical skills of the candidates,
required for the exercise of the function of bailiff, and classify the most suitable candidates according to their abilities and skills. The grading is established on the basis of a competition which includes a written test and an oral test and on the basis of a review of the notice referred to in § 3. Only candidates having obtained at least 60% of the points in the written test are admitted to the oral test. The oral test takes place before the members of the Nominating Committee could take knowledge of the opinion, provided in § 3. The candidate must have obtained at least 50% of the points to the oral test.
The written part and the oral part are taken into account in the same proportion to the outcome of the competition.
The program of the written and oral tests is established by appointment committees met. It is approved by the Minister of Justice by order ministerial and published in the Moniteur belge.
§ 3. Within ninety days from the date of the publication in the Moniteur belge of the royal decree referred to in article 510, § 2, the Nominating Committee shall convene the candidates admitted to the oral test.
At the same time, the Nominating Committee asked the Minister of Justice to collect opinions about these candidates to the Prosecutor of the King of the district in which the applicant is domiciled.
These opinions are the result of a survey on the environment in which the candidate and the history of it.
The instance that has been called to deliver an opinion within forty-five days of the request, transmits this notice to the Minister of Justice, by means of a standard form prepared by the King and in the manner laid down by him. In the absence of notice within the prescribed period, the notice is deemed to be neither favorable nor unfavorable and candidate concerned shall be informed thereof.
4. Within 60 days following the convening of the candidates at the oral test, the Nominating Committee establishes a provisional classification of the most suitable candidates based on the results obtained in the written and oral tests.
The Minister of Justice shall send without delay the opinions requested to the Chairman of the Nominating Committee after it sent the provisional standings.
After review, the Nominating Committee shall establish, within fourteen days of the receipt of the notice, the final ranking of the candidates. The provisional classification can only be changed if the notice contains negative information on the candidate. The Nominating Committee sends, as set forth by the King, the final list of candidates for appointment to the Minister of Justice as well as a reasoned report signed by the Chairman and by the Secretary of the relevant Nominating Committee. The Nominating Committee is also attached records classified candidates. The number of classified candidates cannot exceed the number of places of candidates-bailiffs to provide, as it is mentioned in the royal decree published in the Moniteur belge, in accordance with article 510, § 2, paragraph 2, with the call to candidates for the entrance examination in question.
§ 5. In the month of the transmission of the final list of ranked candidates, the King appoints interested candidates-bailiffs. These appointments are published in the Moniteur belge.
§ 6. Each candidate may, upon written request addressed to the Nominating Committee, obtain copy of part of the minutes that touches and that concerning the nominated candidates within eight days.
§ 7. Within 14 days of the publication in the Moniteur belge, each Nominating Committee sends to the Chambre nationale des huissiers de justice concerned the list of candidate-bailiff appointed for inclusion in the table of candidates-bailiffs, that latter maintains.
§ 8. The candidate-bailiff appearing on this table is subject to the authority of the professional bodies of the bailiffs.
514. § 1. When a candidate-bailiff no longer exercises his principal professional activity in a study of bailiff for at least six months, its inclusion in the table referred to in article 513, § 8 is removed at the request of the Prosecutor of the King or the Council of the Chamber of the borough where the candidate-bailiff is affiliated and is entered in the table.
The candidate-bailiff can nevertheless ask, on serious grounds, the maintenance of its inclusion in table. The candidate-bailiff is heard.
The decision of the Board of the Chamber of the borough is motivated and notified in the month at the candidate-bailiff.
The latter may, within a period of one month from the date of the notification, introduce an appeal against this decision to the National Chamber of bailiffs, according to the procedures laid down by the King.
The Steering Committee referred to in article 555, § 2, means the candidate-bailiff and makes its decision within two months from the date of lodging the claim. The reasoned decision is notified within the shortest time to the candidate-bailiff and the Council of the concerned District Chamber.
§ 2. The candidate-bailiff who puts an end to his professional activity in a study of bailiff may request the House of Borough Council the removal of its entry in the table.
§ 3. A candidate-bailiff who, in application of § 1 or § 2, has been removed from the table may at any time request its reinstatement to the Board of the Chamber of the Borough of spring where he again exercised his principal professional activity in a study of bailiff. The candidate-bailiff is heard. The decision of the Board of the Chamber of the borough is motivated and notified in the month at the candidate-bailiff. An appeal against the refusal of reinstatement can be introduced to the Chambre nationale des huissiers de justice in accordance with the rules laid down in the § 1.
515 § 1. To be appointed bailiff, the person concerned must be candidate-bailiff for at least five years. The candidate-bailiff who is applying for a vacant position of bailiff must, under penalty of forfeiture, apply, as set forth by the King, with the Minister of Justice within a period of one month from the date of publication in the Moniteur belge of the vacancy. The schedules determined by the King must be attached to this application.
The vacancy is published no earlier than 12 months before it happens.
§ 2. Before it could proceed to the appointment, the Minister of Justice asks, within 45 days from the date of the publication in the Moniteur belge of the vacancy, the reasoned opinion written on candidates: 1 ° to the Prosecutor of the district in which the candidate is domiciled, the notice was the result of a survey on the environment in which the candidate and the history of it;
2 ° to the Board of the Chamber of the Borough of bailiffs of the judicial district in which the candidate exercises or exercised in last place his professional activity of bailiff.
The King defines the conditions of form and content to satisfy the opinion of the Board of the Chamber of the borough.
Within ninety days from the date of the aforementioned publication in the Moniteur belge, the instances were called to deliver an opinion must transmit these notices as set forth by the King, to the Minister of Justice, a copy by registered mail to the concerned candidates. A copy of the proof of this recommended mailing is sent to the Minister of Justice as set forth by the King. In the absence of notice within the prescribed period or in the absence of use of the standard form, the notice is deemed to be neither favorable nor unfavorable and candidate concerned shall be informed thereof.
Within a period of 100 days from the date of that publication in the Moniteur belge or at the latest within a period of fifteen days from the date of notification of the opinion, candidates can send their comments by registered post, to the instance that issued the notice and the Minister of Justice.
§ 3. The Minister of Justice forwards to the competent appointment Committee, no later than within 30 days from the expiry of the period referred to in § 2, paragraph 4, an appointment for each candidate file.
The nomination dossier includes: 1 ° the application and its annexes referred to the § 1;
2 ° the written opinion and any comments referred to in § 2, paragraph 4.
§ 4. The Nominating Committee heard the candidates and then establishes a classification of the three most likely candidates.
If the Nominating Committee is to render an opinion on less than three candidates, the list is limited to the only candidate or the only two candidates.
The classification is established on the basis of criteria relating to the capacity and the ability of applicants for the exercise of the function of bailiff.
§ 5. The classification is the subject of a reasoned report, signed by the president and the Secretary of the Nominating Committee. If a candidate is ranked first in the unanimous vote, there is mention.
Within 30 days from the expiry of the period referred to in § 3, the Chairman of the Nominating Committee sends the list of ranked candidates and the minutes to the Minister of Justice and a copy of the list for classified candidates. The King appoints the bailiff on the proposal of the Minister of Justice among the candidates listed by the Nominating Committee.
Any candidate who has not been appointed may, upon written request addressed to the commission
appointment, consult and obtain a copy of the part of the minutes that touches and that concerning the appointed candidate.
§ 6. Members of a Nominating Committee are held incommunicado. Article 458 of the penal Code is applicable.
S. 516. the judicial district in which the bailiff instrumentera and will be required to establish its study is determined by the royal decree of appointment.
The bailiff establishes his study in the municipality designated by the Minister of Justice. This designation can be changed at the request of the person concerned.
The bailiff may instrument that in the legal district determined by royal decree of appointment.
The provisions relating to jurisdiction under section 633, § 2, shall apply by analogy to the bailiffs.
Bailiffs who have their study in the cantons of Limburg-Aubel, Spa-Malmédy-Stavelot, Verviers-Hervé and Verviers or in the judicial arrondissement of Eupen can draw up all exploits in these constituencies.
Bailiffs who have their residence in the cantons of Limburg-Aubel, Spa-Malmedy-Stavelot, Verviers-Hervé and Verviers, and who wish to instrument in the judicial arrondissement of Eupen, however, must provide evidence of their knowledge of the German language, in accordance with the provisions of article 2 of the royal decree of 29 November 1993 determining the conditions of proficiency and organising language exams for candidates to the bailiff function.
517 § 1. The bailiff occurs in the month following notification that it is made of the Decree of appointment, at the public hearing of the Court of first instance of the judicial district in which it instrumentera; it appropriate oath of loyalty to the King and obedience to the Constitution and laws of the Belgian people, as well as to comply with the laws and regulations concerning his Ministry and perform its functions with accuracy and probity.
Immediately after his swearing-in, the bailiff shall file its signature and initials at the registry and the National Chamber of bailiffs.
§ 3. The bailiff may take no action until they satisfy the provisions of §§ 1 and 2.
S. 518. the King fixed the number of bailiffs by judicial district after taking the opinion of the Attorney general at the Court of appeal, the Prosecutor of the King and the National Chamber of bailiffs.
The number of bailiffs fixed by the King does not include those that are above the age of 70.
If the bailiffs in function more than one who is arrested by the King, the reduction to this last number operates by death, resignation or impeachment.
CHAPTER II. -Missions and competences of the bailiff s. 519. § 1.
Bailiffs are responsible for missions for which they are only competent and in relation to which they are required to exercise their Ministry.
These missions are: 1 ° prepare and serve all exploits and to implement judicial decisions as well as all acts or enforceable headings;
2 ° carry out, at the request of judges, and at the request of individuals of the findings purely material, exclusive of any notice on the causes and consequences of fact or law which may result, as well as the findings that require legal missions they perform; These findings are authentic as regards the facts and material data that the bailiff can be seen by sensory perception;
3 ° establish a protest against a bill of Exchange, a promissory note and a cheque;
4 ° the sale public judicial movable property and vessels under the compulsory execution;
5 ° the judicial sale settlement of movable property in accordance with article 1526bis;
6 ° voluntary public sales of furniture, monopoly they share with notaries;
7 ° take cognizance of the notice of objection, command, seizure, delegation, assignment, collective debt settlement and protest, monopoly, which they share with the persons mentioned in section 1391, § 1;
8 ° remove, delete, modify the notice of objection, command, seizure, delegation, assignment, collective debt settlement and protest in the missions which have been entrusted to them or in which they have been appointed.
§ 2. Bailiffs have residual skills for which they do not have monopoly nor any obligation to exercise their Ministry and, in particular: 1 ° sunrise at the registry shipments, copies and extracts from all parts of trial and introduce the requests that the law allows them to sign, as well as file in the registry any other queries;
2 ° certify copies and translations of documents in their possession;
3 ° preparing excerpts from all acts by their Ministry;
4 ° intervening as a receiver;
5 ° ensuring the recovery of debts settlement;
6 ° act as liquidator;
7 ° be committed as a mediator of business or agent of justice under the law of January 31, 2009 on the continuity of enterprises;
8 ° exercise the judicial mandate of provisional administrator;
9 ° perform the prized for furniture and household effects and provide assistance to the curators in relation to inventory and the realization of the bankruptcy;
10 ° intervene as a mediator of debts; amicably and as a mediator of debts in the context of the collective debt settlement
11 ° intervene as a mediator in family matters and as a mediator in the alternative settlement of disputes;
12 ° act as trustee of vacant successions;
13 ° give legal opinions concerning the rights, the obligations and burdens resulting from legal acts involving the huissiers de justice;
14 ° carry out investigations on the solvency, prepare and issue reports on heritage;
15 ° issue tax certificates concerning debts;
16 ° monitor licensed competitions and lotteries.
§ 3. The bailiff has a general duty to provide information to the applicant and to the debtor. Therefore, in case of risk of insolvency of the debtor, he shall inform the creditor in order to allow it to properly appreciate the opportunity to undertake enforcement measures and it will inform the debtor of the opportunities afforded by the collective settlement of debts.
The bailiff shall, where appropriate, inform each applicant of obligations and charges as well as charges arising from exploits, execution of judicial decisions, acts or titles.
S. 520 § 1. Bailiffs are required to exercise their Ministry monopoly missions referred to in article 519, § 1, every time that they are required and for all applicants, except: 1 ° there are legal barriers;
2 ° if their personal situation can reasonably not to require this of them;
3 ° If the applicant is not prepared to fulfill the provision required for the performance of the Act in the exercise of their functions, if deadlines are exceeded, if the legal act cannot reasonably be achieved within the time limit or if the record is incomplete;
4 ° If the bailiff believes that the mission is contrary to public order or morality or harm disproportionately the interests of one of the parties concerned.
§ 2. With regard to all their missions, bailiffs cannot instrument against themselves or for themselves, their spouse or partner with whom they cohabit, or against or for their parents and allies in direct line or those of their spouse or partner with whom they cohabit, or against or for their parents and allies collateral up to the fourth degree or those of their spouse or partner with whom they are cohabiting.
§ 3. With regard to all their missions, bailiffs may not instrument against or for a legal person about which they know or were supposed to know that the persons referred to in § 2 will hold the majority of shares or to fulfil the function of Manager, delegate to the daily or president of the Board of Directors management.
§ 4. The acts performed in the exercise of their functions in violation of § 2 are void; the acts performed in the exercise of their functions in violation of § 3 can be cancelled.
CHAPTER III. – Incompatibilities art.
521. it is forbidden to any bailiff and any candidate bailiff, to exercise himself or by proxy, no other profession, with the exception of the missions of teaching or research acting assistant, load classes, Professor and author.
The Attorney general at the Court of appeal may, in special cases, after taking the opinion of the Prosecutor of the King and the Council of the borough Chamber, authorize the bailiff or the bailiff candidate to be Director of a commercial company without however only be allowed to be a Manager, Managing Director or liquidator.
CHAPTER IV. -Tariff, accounting, funds of third parties and on behalf of quality art. 522 § 1. The King sets the rate of all acts and all official missions of bailiffs. When the tariff is not set by the King, the National Chamber of bailiffs may impose a minimum charge.
Bailiffs must mention on the original and each copy of their acts payments charged together with details of all positions of the total allowance.
§ 2. Bailiffs have an obligation to keep accounts which the model is determined by the King.
In cases where the bailiffs exercise their profession in combination, in the form of society or not, only accounting is required.
S. 522/1. § 1.
Any bailiff draws a distinction between its own funds and third-party funds.
Funds received by judicial officers in the exercise of their profession for the benefit of customers or third parties are paid on one or more accounts opened in their name or on behalf of their society of bailiffs, with mention of their or its quality. This or these accounts are open in accordance with rules to be fixed by the National Chamber of bailiffs.
The bailiff handles funds of customers or third parties via this account. It always asks customers and third parties to pay exclusively on this account.
This account is managed exclusively by the bailiff, without prejudice to the additional rules regarding the handling of funds of clients or third parties laid down by the National Chamber of bailiffs.
§ 2. The accounts referred to the § 1 include third party accounts and accounts topics.
Account is a global account that are received or managed funds to be transferred to clients or third parties.
The topic account is an individual account in a specified folder or for a specific client.
§ 3. On behalf of third parties and the topic account are accounts that are opened from an institution accredited by the National Bank of Belgium on the basis of the law of 22 March 1993 on the status and control of credit or of the Caisse des Dépôts et consignations institutions and which meet at least the following conditions: 1 ° third parties and the topic account can never be in debit;
2 ° no credit, in any form whatsoever, may be granted on a third party account or account heading; they can never serve as a security;
3 ° any compensation, merger, or stipulation of uniqueness of account among others, the account section and to other bank accounts is excluded; No netting agreement may apply to these accounts. The National Chamber of bailiffs may establish additional rules regarding the handling of funds of customers or third parties.
§ 4. Save in exceptional circumstances, the bailiff transfers in the shortest delays funds received on behalf of third parties.
If the reasons for, the bailiff may transfer the funds to the recipient within the time limit prescribed by the regulations of the National Chamber of bailiffs of justice and, at the latest within two months of their receipt, it paid on an account heading.
Without prejudice to the application of mandatory legal rules, paragraph (2) is not application where the total of funds received or on behalf of the same person, either during the same operation, folder, does not exceed 2,500 euros. The King may adapt this amount every two years taking into account the economic situation. This adaptation comes into force on 1 January of the year following the publication of the Decree of adaptation.
§ 5. The Chambre nationale des huissiers de justice establishes and organizes a system of determining control at least by whom, on what, when and how control is exercised in respect of the provisions of §§ 1 to 4. This control regime determines in particular sanctions and measures that can be taken in the event of infringement. It is without prejudice to other legal provisions which provide for a control of the funds deposited into the account referred to in § 2.
§ 6. The bailiff shall pay in the Caisse des Dépôts et consignations completeness of the amounts, regardless of the amount, which have not been claimed by the person entitled or her have not been paid within two years following the closing of the folder in which they were received by the bailiff. The time limit is suspended as long as these amounts are subject to judicial proceedings.
These deposits are registered on behalf of the person entitled, that is designated by the bailiff. The Caisse des Dépôts et consignations holds them at the disposal of the beneficiary until the expiry of the time limit referred to in article 25 of the order royal No. 150 on March 18, 1935, coordinating laws relating to the Organization and the functioning of the Caisse des Dépôts et consignations and with Amendments Act of July 31, 1934.
S. 522/2. § 1.
Corporate securities and bearer entrusted to the bailiff on the occasion of a particular folder are, within the time limit prescribed by the regulations of the National Chamber of bailiffs and, at the latest, within three months, deposited in the open, under a separate heading open with an institution approved by the National Bank of Belgium on the basis of the law of 22 March 1993 on the legal status and control of credit institutions on behalf of the owner and name of the bailiff of justice or society of bailiffs.
§ 2. Are transmitted to the Caisse des Dépôts et consignations by the bailiff, in accordance with article 5 of the Ministerial Decree of execution of order royal No. 150 on March 18, 1935, coordinating laws relating to the Organization and the functioning of the Caisse des Dépôts et consignations and with amendments in virtue of the Act of July 31, 1934, all titles and values in bearer form that are not claimed by the person entitled , or given to it or them, two years after the closing of the record on the occasion of which they were received by the bailiff.
These deposits are registered on behalf of the person entitled, that is designated by the bailiff. Without prejudice to article 4, paragraph 1, of the law of 14 December 2005 abolishing the securities to bearer, the Caisse des Dépôts et Consignations, the Caisse des Dépôts et Consignations puts these deposits at the disposal of the beneficiary until the expiry of the period provided for in article 26 of the royal decree No. 150 of 18 March 1935.
Chapter V. - the continuity of public service, the continuation of the activity, of the transmission of records and the other elements of the study of a bailiff s. 523 § 1. If a bailiff dies or resigns without notice, the territorially competent prosecutor refers, in consultation with the Board of the Chamber district and no later than ten days after the death or resignation, a candidate-bailiff as bailiff acting.
If the bailiff who died or who has resigned is part of an association of several bailiffs, he is not designated, by way of derogation from the preceding subparagraph, of bailiff acting. Continuity is ensured by the other partner or partners.
In the case of association between a licensee bailiff and a candidate-bailiff, the associated candidate-bailiff is, if any, designated as bailiff acting.
If it is not associated with bailiff, the candidate-bailiff appointed as bailiff acting will be the one who at the time of death or resignation, the longest works as a candidate-bailiff to the concerned study.
§ 2. If a bailiff is removed or that a suspension is pronounced in his regard, the territorially competent prosecutor refers, in consultation with the Council of the Chamber district and at the latest within ten days following the dismissal or suspension, a candidate-bailiff or a licensee bailiff as bailiff acting.
§ 3. The bailiff acting is responsible for the General management and the continuation of the study, performing the administrative acts required for the continuity of the study, holds directories updated and assumes all duties of the bailiff replaced for the duration of the suspension or, where appropriate, until the bailiff newly appointed and this oath , under the supervision of the trustee.
The King sets the terms of the remuneration of the bailiff of justice acting and the account between the bailiff replaced or his successors in title, the bailiff acting and, where appropriate, the bailiff newly appointed after his swearing-in.
§ 4. A bailiff acting has the same rights and the same obligations as a licensee bailiff.
When any professional Act, the bailiff acting mentions its quality as well as the identity and the place of establishment of the bailiff it replaces.
S. 524 § 1. The bailiff who is appointed to succeed a bailiff dead, deposed or resigned resumes full these obligations of the bailiff whom he succeeded, provided that exist or that are kept these obligations resulting from contracts of employment and leases, supply, renting and current finance lease contracts. All debts which do not result from contracts and leases, supply, renting and current finance lease contracts may not be transferred.
The successor resumes mandatory, at book value, infrastructure
of the study, as tangible personal property, software, hardware, ICT which belongs to the bailiff, whom he succeeded. The properties are excluded.
If necessary, the successor resumes Auditors of quality of the bailiff, whom he succeeded.
§ 2. The King said the arrangements for the resumption of the leases, supply contracts, renting and leasing and infrastructure of the referred study to the § 1 and fixed rules of communication to candidates-bailiffs of the obligations to the § 1 and infrastructure study and the amount of compensation.
Obligations or the infrastructure of the study which are not included in the communication referred to in the first paragraph, may not be transferred.
525. where appropriate, the minutes, directories, large, deposits, performance records and all ongoing missions are transmitted immediately, pursuant to article 524, by the bailiff replaced justice or by his heirs, the bailiff appointed to replace.
The bailiff appointed to replace is responsible for right of judicial missions for which his predecessor was appointed by judicial decision, without prejudice to the power of the tribunal to appoint another bailiff at the request of an interested party or the Attorney of the King.
CHAPTER VI. -From teaching art. 526. a bailiff can be replaced by a bailiff acting in the following cases: 1 ° force majeure;
2 ° leave, with a maximum of 60 calendar days per year;
3 ° organisation of the study or recycling.
Except in cases of force majeure, the substitutes by a Deputy Bailiff are limited up to 180 calendar days per year.
S. 527. the deputy bailiff must appear on the table of candidates-bailiffs and is appointed by the Prosecutor of the King. It cannot perform its function only after fulfilment of the conditions laid down in article 517.
During the period of his appointment, he enjoys the same rights and prerogatives, has the same powers, assume the same obligations and is subject to the same discipline as the bailiff that he prevented.
S. 528. the motion for substitution by a candidate-bailiff is addressed to the Prosecutor of the King, the intervention of the trustee of the District Chamber.
The bailiff attached to its application the declaration of the bailiff acting by which it accepts the substitution and indicates in its application the reason for which he asked to be replaced.
If the bailiff fails to make the application for substitution by a Deputy Bailiff is not able to do so, or if the Prosecutor refuses to grant the substitution, the request is made by the trustee to the president of the Court of first instance which decides on the conclusions of the public prosecutor, the bailiff and his trustee heard or called.
S. 529 § 1. The decision lays down the time limit during which will be the substitute. It can be reported at any time, either at the request of the bailiff supplemented justice or justice-Deputy Bailiff, or ex officio.
The substitute teaching can be extended by the Prosecutor of the King or, where appropriate, by the president of the Court of first instance.
§ 2. The bailiff and the bailiff alternate record updated agenda, in a register ad - hoc opened on behalf of the bailiff to the National Chamber, the days where the bailiff is replaced and the reason for replacement, as well as the identity of the bailiff acting which ensures replacement. This register can be held electronically.
The King sets the procedures for consultation of the register.
530. on pain of disciplinary sanctions, the bailiff deputized to perform their official duties for the duration of the substitute is prohibited.
The alternate who performs an act falling within the Ministry of the bailiff after the expiry of the fixed term, shall be liable to the penalties provided for in article 262 of the penal Code.
Failure to comply with these prohibitions does not the invalidity of the Act in question.
S. 531. the oath taken by the Deputy Bailiff is valid for all subsequent substitutes.
S. 532. the Deputy Bailiff appointed under section 526 maintains, for the duration of the appointment, the directories of the bailiff that he prevented.
In all the acts he signed, the Deputy Bailiff mentions his capacity as Deputy and the name of the bailiff that he prevented.
CHAPTER VII. -Of the discipline Section Ire. -Disciplinary penalties art. 533 § 1. Any bailiff or candidate-bailiff of justice which, by its conduct, violates the dignity of the body of bailiffs or who lack his duties may be subject to the disciplinary penalties provided for in §§ 2 and 3.
2. Minor disciplinary punishments are: 1 ° with respect to the bailiffs and candidates-bailiffs: has) the call to order;
(c) a disciplinary fine of 250 to 5.000 euro which is paid to the Treasury;
(d) the exclusion of the General Assembly and of the Council the borough's Assembly Chamber and the Executive Committee of the National Chamber of the disciplinary commission and the commission of appointment for a maximum period of five years, the first time, and ten years in case of recidivism.
The president of the Court of first instance of the judicial district in which the person concerned carries on or last carried his professional activities declared enforceable disciplinary decision carrying conviction to a fine, on the unilateral application of the disciplinary commission represented by its president.
The disciplinary fine may be imposed at the same time as another penalty.
2 ° with respect to candidates-bailiffs and justice, the prohibition to make substitutes for a maximum period of six months, the first time twelve months, in the event of recidivism.
3. The high discipline penalties are: 1 ° with respect to the bailiffs and the candidates-bailiffs: has) a disciplinary fine of more than 5,000 to 25,000 euro which is paid to the Treasury;
(b) the suspension;
(c) the removal).
2 ° with respect to candidates-bailiffs, the prohibition to make substitutes for a period over 12 months that can be up to life imprisonment.
The disciplinary fine may be imposed at the same time as another penalty.
Section II. -Of the procedure on discipline before the disciplinary commission art.
534. § 1. There is a disciplinary commission within the jurisdiction of each court of appeal. Its registered office is established at the place where the Court of appeal is headquartered. The commission may sit in the main town of each judicial district in the competent jurisdiction. The disciplinary commission is competent to hear complaints against bailiffs and the candidates-judicial officers of the districts within their jurisdiction. The disciplinary commission in Brussels consists of a francophone Chamber and a Dutch-speaking Chamber.
When a complaint is filed against a bailiff or a candidate-bailiff of the legal district of Brussels, the language in which the disciplinary body seat is determined by the linguistic role of the bailiff of justice or the candidate-bailiff concerned.
Each disciplinary commission is composed of four members, of which a magistrate who chairs the commission, two bailiffs and an external member who has relevant professional experience in this field.
§ 2. The first president of the Court of appeal refers annually to a magistrate in function among the judges of the courts and it immediately carries this designation to the knowledge of the Minister of Justice.
The National Chamber of bailiffs shall elect for each disciplinary commission a pool of at least ten bailiffs for a term of four years. These bailiffs are eligible for re-election and are derived from at least three different districts. The National Chamber shall transmit the list of these pools within 15 days to the Minister of Justice.
The King determines a pool of at least three external members for each disciplinary commission and lays down the procedures of this designation and the conditions under which these members must satisfy.
The Minister of Justice published in the Moniteur belge pool of bailiffs elected justice and external members.
§ 3. For each disciplinary case, the Chairman of the Disciplinary Committee comprised the commission by tapping into the pool of bailiffs elected justice and the pool of external members.
In addition, designated among the pool of bailiffs, a non-objectionable clerk who does not participate in the debate and deliberation.
To compose the commission, president ensures that designated bailiffs do not have their study in the judicial district where the Member in question has his study or assured concerned substitute teaching.
§ 4. The King determines attendance fees of the members of the commissions.
S. 535. the Council of the District of the bailiffs Chamber knows disciplinary cases to the intervention of the trustee, either ex officio, or on complaint or on the written reports of the Attorney of the King or the rapporteur of the National Chamber.
S. 536. the Member in question is informed by the trustee, by sending, in the month following the capture of knowledge recommended by the trustee. This letter
is signed by the trustee and sent by the Secretary, taking note. It describes the fact for which the person concerned is questioned and informs it of the place and hours where it may take note of the folder.
The interested party may make its comments orally or in writing and apply to be heard. The trustee can intercede and attempt to reconcile the parties. The competent rapporteur examining the case and prepare a report.
S. 537 § 1. If the Commission considers that the fact gives rise to a disciplinary procedure, it communicates the folder to the disciplinary commission.
§ 2. If the Commission considers that the fact does not give rise to a disciplinary proceeding, a decision motivated in this direction is established. The Council communicates its decision by sending recommended to the complainant, if the referral to the Council was the outcome of a complaint, to the person concerned as well as to the competent prosecutor and President of the National Chamber. The competent prosecutor is the chief town of the judicial district where the bailiff concerned is resident.
If the complainant cannot acquiesce to the reasoned to the paragraph 1 of the decision, it is open to ask the trustee, within fifteen days of the decision recommended sending, to submit the file to the disciplinary commission for the inquiry into the complaint.
The Attorney of the King or the rapporteur of the National Chamber may require removal before the disciplinary commission within fifteen days of the sending of the decision.
S. 538. the Secretary of the Disciplinary Committee cited before the Committee the Member in question. In the notice, it mentions the fact for which the Member is questioned, the location and the hours where it can take note of the folder. It also shows the composition of the disciplinary commission. A copy of this notice is sent simultaneously to the competent prosecutor. The Member in question may be assisted by a bailiff or a lawyer. The Member in question and the Attorney of the King can require no later than fifteen days after the convening, witnesses to be called by the disciplinary commission at the meeting set for the discussions. They can also drop pieces to support within the same period.
The disciplinary commission may convene, to be heard, the Chamber members that are parties to the cause as well as interested third parties who in expressed the wish. Each of them may be assisted by a bailiff or a lawyer.
The disciplinary commission can hear the rapporteur or a member of the Board of the concerned district. It may also summon ex officio bailiffs interested.
S. 539. the Member in question may, for the reasons set out in article 828, exercise his right to challenge against each of the members of the disciplinary commission who are called upon to decide thereon.
To do this, it addresses, within eight days of the convening, to penalty of lapse, to the Chairman of the Disciplinary Committee, a signed and dated written mentioning the name of members he wants to challenge, as well as the grounds for recusal.
The disciplinary commission shall decide, within fifteen days of receipt of the written, on the merits of the challenge and subsequently to possibly be given to it. Can members participate to this debate or vote. They are replaced by eligible members selected at random.
The Secretary shall notify the reasoned decision by registered delivery, the Member questioned within fifteen days of delivery.
This decision is likely to no remedy.
S. 540. the meeting devoted to the debates is fixed by the Disciplinary Committee within a period which may not be less than fifteen days after the date fixed for the attendance of the Member questioned before the commission. In the event of disqualification, this period is extended to 30 days.
The disciplinary commission examines the business in a public hearing. However, the person concerned may ask the disciplinary commission to investigate the case in camera. The disciplinary commission accesses this request, unless it considers that the general interest is opposed. The disciplinary commission may also sit in camera for the whole or part of the procedure, in the interests of morality or public order, where the interests of juveniles or the protection of the privacy of the Member in question or third parties so require, or to the extent deemed strictly necessary by the disciplinary commission in certain circumstances in the event that the publicity would undermine the proper administration of justice.
The complainant or his lawyer and the Prosecutor are heard at the hearing if they so request.
At this hearing, the Member in question has the right himself or by the voice of the person referred to in article 538 paragraph 1, which assists it, exposing its means of defence. The summoned witnesses may be questioned both by the Member questioned by the disciplinary commission.
541 when the disciplinary commission believes that there could be clues that the bailiff or deputy bailiff of justice has carried out acts of procedure or other resulting in unnecessary costs, the Secretary of the disciplinary commission files disciplinary record in the registry of judge of competent seizures. The latter fixed the day and time of the statement, after hearing the Member concerned, the complainant and any other interested persons, summoned by the Registrar.
S. 542. the disciplinary commission shall take its decision by an absolute majority by secret ballot. It may impose disciplinary sanctions in article 533, § 2.
The decision is pronounced in public hearing within one month of the close of the debates.
The decision is motivated, recorded in the registry for that purpose and signed by the members on the minute sitting even where it is pronounced.
Each decision mentions the names of the members present.
543. within fifteen days of delivery, the decision is notified, registered delivery, to the Member concerned and to the competent prosecutor.
The notification of the decision to the Member in question referred to the possibility of appeal, intended article 544, and the period in which an appeal may be made.
A copy of the decision and the file is transmitted to the trustee of the borough Chamber which has referred the case to the disciplinary commission.
The trustee of the borough Chamber which has referred the case to the Disciplinary Committee or the Chairman of the disciplinary commission can provide verbally or in writing to the complainant, if it so requests, the information it deems appropriate regarding the decision and the remedies which it is subject.
The archives of the disciplinary commission are kept with the National Chamber.
S. 544. the decision of the disciplinary commission is subject to appeal, within one month of its notification, the Court of first instance of the capital of the jurisdiction in which the applicant has his residence. The appeal is open to the Member concerned, the Rapporteur of the National Chamber of bailiffs and the Prosecutor of the King. It is suspensive.
The Court thus seized statue last spring in a public hearing.
It can only impose the penalties provided for in article 533, § 2, or pay the Member in question.
Section III. -Of the procedure on discipline in the civil court art. 545. the Prosecutor of the King or the disciplinary commission can seize the Court of first instance of a case if they feel that a complaint warrants a high discipline penalty, unless the disciplinary commission has already ruled a disciplinary penalty for the same facts.
The competent first instance court is seized by the citation of the Member in question, served at the request of the Prosecutor of the King or the disciplinary commission represented by its president.
The quote that is served at the request of the disciplinary commission is reported to the competent prosecutor. The summons to appear before the tribunal carries divestiture of the disciplinary commission.
The competent court is that of the judicial district where the Member questioned cited has its residence or exercises or to last exercised his professional activities.
S. 546 § 1.
The Court may impose the disciplinary penalties provided for in article 533.
§ 2. The decision of the Court of first instance is likely to appeal to the Court of appeal. The appeal has suspensive effect, without prejudice to the application of article 548, § 4.
If the Court ruled the suspension, the person concerned can no longer carry out any act of administration for the duration of the suspension. In the event of infringement of this provision, article 262 of the penal Code is applicable.
For the duration of the suspension, he cannot attend the meetings of the boards of the bailiffs and it cannot be elected member of the Board of the bailiffs.
If the person concerned has already been elected to one of the above functions, it cannot exercise it for the duration of the suspension and must be provided to his replacement during this time.
Deposed any bailiff or candidate-bailiff must cease the practice of his profession, from all damages and, where appropriate, of other convictions under the Act, which are directed against the dismissed officials who continue to perform their duties.
The provisions of paragraphs 1 to 3 shall apply from the moment where the decision pronouncing the sentence
disciplinary is final.
S. 547. the bailiffs and alternate bailiffs cannot win to themselves or their company, either directly or indirectly, movable property whose sale has been entrusted.
Any contravention of this provision is punishable by a suspension of three months and a fine of two hundred and fifty euros for each of the purchased objects, without prejudice to the application of criminal laws.
Recidivism always results in the dismissal.
The King may adjust the amount referred to in paragraph 2.
Section IV. -Of the preventive suspension article
548. § 1. The bailiff or the candidate-bailiff which is the subject of a criminal prosecution or disciplinary proceedings because of facts which are punishable by sentences of high discipline can be preventively suspended in accordance with the terms specified in paragraphs 2 and 3.
The person concerned is quoted and referred to the president of the tribunal of first instance competent, or by the disciplinary commission represented by its Chairman or by the Prosecutor. In the latter case, the president of the Court of first instance seeking the opinion of the Disciplinary Committee. If the quotation is submitted at the request of the disciplinary commission, denunciation is made to the competent prosecutor.
If there is serious on the merits of the allegations presumptions and if there is a clear danger that the continuation of the exercise of his professional activity is likely to cause serious to third parties harm or wear an infringement of significant to the dignity of the body of des huissiers de justice, the bailiff or candidate-bailiff concerned may suspend preventively president Court of first instance competent for all to the more the duration of the procedure. The order is binding on minute upon obtaining, notwithstanding any objection or appeal.
§ 2. Any bailiff of justice or candidate-bailiff sees a suspension similar to that expected in the § 1 by the president of the Court of first instance, even before disciplinary or criminal proceedings introduced against him, if it is the result of complaints that there is a clear danger that the continuation of the exercise of his profession is likely to cause serious to third parties harm or bring a notable achievement in the dignity of the body of the bailiffs. The action is brought under the terms defined in the § 1. The measure may be imposed for a maximum period of one month. The order is binding on minute upon obtaining, notwithstanding any objection or appeal.
§ 3. The measure may be lifted at any time by the president of the competent court of first instance, at the request of the Prosecutor, of the Board of the Chamber of the Borough of bailiffs of justice or of the person concerned.
§ 4. During the duration of this measure, the bailiff or the candidate-bailiff preventively suspended cannot perform his duties.
§ 5. Article 262 of the penal Code is applicable to the bailiff or the candidate-bailiff who is the subject of a measure of preventive suspension.
CHAPTER VIII. -Bailiffs Arts District rooms 549. § 1.
Each room of the borough is organized from a division of the Court or the Court of the judicial district. It is composed of the bailiffs of justice and candidates-bailiffs with their area of coverage about division or near the Court. It has legal personality. Candidates-bailiffs join the Chamber district of the judicial district where they operate mainly.
It has however than a common to Verviers and Eupen district room. She carries the title of "Chamber of Eupen and Verviers", and has its headquarters in Verviers. It is composed of the bailiffs of justice and candidates-bailiffs district of Eupen and the townships of Limburg-Aubel, Spa-Malmedy-Stavelot, Verviers-Hervé and Verviers. It has legal personality. For the purposes of § 2, their number of bailiffs is common.
§ 2. The House of district is administered by a Council whose membership is fixed on the basis of the number of bailiffs in each district, determined by royal decree, as follows: 1 ° new in their territory of activity employing more than fifty bailiffs;
(2) seven, in their area of coverage where the number of bailiffs is of thirty to fifty;
3 ° five in their territory of activity where the number of bailiffs is greater than 10 and less than thirty;
4 ° four in their territory of activity where the number of bailiffs is five to ten;
5 ° a unit less than the total of the number of bailiffs under the district when this number is four or less.
S. 550. the General Assembly of the Chamber of bailiffs district mission is to: 1 ° to elect its members a Board;
2 ° to fix annually the budget and approve the accounts submitted by the Board;
3 ° to establish annually the contributions to dependants of members of the Chamber;
4 ° to write a rules of procedure and to enact rules in professional matters which must be imperatively observed by its members. In this regard, it cannot prejudice the competence of the National Chamber of bailiffs.
Decisions are taken by an absolute majority of the members present.
551 § 1. The House of District Board members are elected each year by the General Assembly convened and chaired by the trustee.
§ 2. The Board of the Chamber of the borough consists of the trustee, the rapporteur, the Treasurer, the Secretary and members of the ordinary Council, within the limits of article 549, § 2. The trustee, the rapporteur, the Treasurer and the Secretary are elected among members-bailiffs. The other members of the Council are elected among all members of the General Assembly, on the understanding that at least one member of the Council must be a candidate-bailiff, and candidates-bailiffs can not form the majority of the members of the Council.
When the number of members of the House of district is less than four, the duties of Secretary and Treasurer may be cumulated.
§ 3. The election of the members of the Board of the Chamber of the borough is done by secret ballot.
It takes place every year during the month of June.
The constitution of the Council was first taken without attribution of the functions.
Then, it was taken by ballots to the election of the trustee, the rapporteur, the Secretary and the Treasurer.
If, in the first round of voting, no candidate gathers the majority of votes of the members present, shall a new election between the two candidates who obtained the most votes; in the event of parity of votes, the oldest candidate's appointment is preferred.
All elections are held by an absolute majority of the votes of the members present.
§ 4. The Board members take office on September 1.
Outgoing members may be re-elected unless a member may serve more than three years without interruption to the Council.
§ 5. The Council meets at least once a month, at the invitation of the trustee.
An extraordinary meeting is convened by the trustee when he deems proper, reasoned two other members request, or at the request of the president of the Court of first instance or the Attorney of the King.
S. 552 § 1.
The Council of the borough Chamber is responsible: 1 ° to ensure the maintenance of order and discipline among the bailiffs and (candidates) - alternate bailiffs of the borough, as well as the execution of laws, decrees and regulations concerning them;
2 ° prevent or reconcile all differences that may rise between the huissiers of justice and (candidates-) bailiffs alternate respect their rights, duties and functions;
3 ° to prevent or, if possible, to reconcile all complaints and claims of third parties against members of the Chamber, about the exercise of their profession;
4 ° to examine the complaints submitted and, if there is place in his return before the disciplinary commission;
5 ° to ensure control of the correct application of the tariff, accounting, accounts topics of studies and the transfer of funds to third parties;
6 ° to monitor, in parallel with with the National Chamber, the correct application of the system of substitutes by its members;
7 ° to give its opinion on any disputes concerning the settlement of fees and expenses of the members of the Chamber;
8 ° to establish the role of judicial officers responsible for the significance of the enforcement acts;
9 ° to advise whenever it will be required by the courts and the courts by the Attorney general or by the Prosecutor of the King, especially in regard to all disputes which can rise, or between the huissiers of justice, or between them and their constituents, or of all complaints or claims of mistakes or negligence committed by the bailiffs or bailiffs of justice alternates in the exercise of their functions;
10 ° collect from its members contributions passed by the General Assembly, if necessary by way of a constraint, referred to in article 555;
11 ° to manage the funds of the Chamber and of the agreement, and in
Dispose as solidarity fund in favour of bailiffs of justice or honorary bailiffs, of candidates-bailiffs, their widows or widowers and orphans;
12 ° to manage or control the bailiffs auction room and set the RADIUS in which the use of this room is mandatory;
13 ° to implement the decisions of the General Assembly of the Chamber of the borough;
14 ° to represent the Board in all matters affecting the rights and interests of its members against any power and institution, both in court and in the public and private spheres.
§ 2. The Council maintains a table for each of the categories of members of the House of the borough. This table is also updated electronically with the National Chamber in accordance with article 555/1, 15 °.
Each modification to the table is immediately communicated to the National Chamber of bailiffs. It shall notify the Minister of Justice within 15 days.
S. 553 § 1. Trustee Chair of the Board and exercise the police thereof.
It offers the subjects of deliberation, proceeded to the counting of the votes and pronounces the result.
He directs all actions and proceedings to be exercised by the Council and is in all cases on its behalf, in accordance with what it deliberated.
It is the only authorized to correspond on behalf of the House district and the Council, with the president of the courts, the Attorney general and the Prosecutor of the King, unless delegation was given to the rapporteur for cause of impediment.
§ 2. The rapporteur examines complaints. It collects information on the facts, may hear the parties, and shall report to the Council. It may submit ex officio Council facts which are liable to a disciplinary penalty.
It replaces the trustee when it is absent or prevented.
In cases where it proves impossible to comply with the provisions referred to in paragraphs 1 and 2, the rapporteur is replaced by the Deputy rapporteur. In this case, this one has the same powers and duties as the rapporteur. It is elected every year by the General Assembly.
It cannot be a member of the Board of the Chamber of the borough.
§ 3. The Secretary prepares the Council's deliberations.
These deliberations are recorded in a register numbered and initialled by the trustee and are signed by all members who have contributed.
The Secretary is the keeper of the records. It delivers shipments under his signature.
§ 4. People who should be heard or request to be heard about claims or complaints to the Board of the Chamber of the borough are convened by the rapporteur by registered post that mentions the reason for the convocation. The convocation shall be one week. The parties may attend the meetings of the Council voluntarily and without having been convened, after to have warned the trustee at least three working days before the meeting.
§ 5. The Council cannot make a decision or issue an opinion on any case, only after having heard the rapporteur.
It can validly deliberate if at least two-thirds of its members participate in the vote.
The decisions are taken by an absolute majority of the votes. The trustee has a casting vote in case of equality of votes.
§ 6. The Council introduced the Attorney general or the solicitor of the King, all the times that they make the request, the records of its deliberations, and any other documents filed in its archives.
S. 554. If a member of the District Chamber remains in default to pay its annual dues, the Council may issue a constraint signed by the Treasurer. In the case of enforced recovery, the constraint is declared enforceable by the president of the Court of first instance competent at the unilateral request of the Council.
An appeal may be brought against the declaration of enforceability in the month of the meaning of the constraint declared enforceable.
CHAPTER IX. -Of the Chambre nationale des huissiers de justice s. 555 § 1.
The National Chamber of bailiffs is a public law institution with legal personality. It has its seat in the legal district of Brussels.
§ 2. The bodies of the National Chamber are: 1 ° the General Assembly;
2 ° the Executive Committee.
§ 3. The General Assembly is composed of representatives of the Chambers of district or, in their absence, their alternates.
Each room of the Borough Assembly elects as representatives:-among its members bailiffs, a bailiff initiated ten bailiffs, with a minimum of one per representative and a maximum of five representatives;
-membership candidates-bailiffs, a candidate-bailiff having at least five years of experience as a candidate-bailiff.
The mandate of representative and alternate, has a duration of three years and is renewable once.
A representative or alternate elected to replace representative or an alternate while in office, completed the term of his predecessor but is not immediately eligible for re-election.
The General Assembly takes its decisions by an absolute majority of the members present.
§ 4. The General Assembly elects a Steering Committee in its midst. This Steering Committee is composed of a president, two Vice-Presidents, a Secretary and an Assistant Secretary, a rapporteur and a deputy rapporteur, a Treasurer and a Deputy Treasurer.
The members of the Executive Committee are appointed for a term of two years. In case of resignation, death, suspension or revocation of an elected member of the Executive Committee, an interim member is elected for the remaining period of its mandate by the other members of the Executive Committee.
The members of the Executive Committee are elected directly by the members of the General Assembly to the function to which they are candidates.
Outgoing members may be re-elected unless a member can serve more than six years without interruption to the Executive Committee.
§ 5. Executive Committee communicates the agenda of its meetings to all members at least 10 working days in advance, by regular or electronic mail. The report is also sent to all members, by regular or electronic mail, ten working days after the meeting.
§ 6. The Executive Committee convenes every six months a general meeting of members. Extraordinary general meetings are convened as often as the Board deems necessary and whenever that 25 Members introduce to this effect a request signed by them in which to examine subjects are mentioned.
The minutes of the General meetings of the members is sent to all the members, within ten working days, by regular or electronic mail. The approved regulations come into force ten days after the sending of the minutes.
§ 7. The Board of Directors of the national chamber deliberates in french and Dutch. Reports and resolutions are established in each of these languages, without pre-eminence of one text on the other.
§ 8. If a member of the National Chamber remains in default to pay the annual fee, the Executive Committee may issue a constraint signed by the Treasurer or Deputy Treasurer. In case of recovery forced, the constraint is declared enforceable by the president of the Court of first instance of the judicial district where the bailiff has his study, at the request of the Steering Committee introduced through the competent trustee.
An appeal may be brought against the declaration of enforceability in the month of the meaning of the constraint declared enforceable.
S. 555/1. In addition to those which are entrusted to it by the other provisions, the National Chamber was for missions: 1 ° to establish the General rules of conduct;
2 ° to ensure uniformity of discipline and ethics among its members and enforcement of laws and regulations;
3 ° to take any measure to address, within the limits and conditions it determines, the obligations resulting from the professional responsibility of bailiffs;
4 ° to organize the issuance of the book of course;
5 ° to organize the permanent formation des huissiers de justice, some candidates-bailiffs, of trainees, as well as their collaborators. The King determines the number of hours of training, relevant to the exercise of the profession of bailiff, to follow;
6 ° to ensure, in conjunction with the Council of the borough Chambers, the correct application of the tariff, accounting, account control of quality of studies and the transfer of funds to third parties;
7 ° monitor, in parallel with with the Council of the borough Chamber, the correct application of the system of substitutes by its members;
8 ° to issue, initiative or on request, destined for all public authorities, notices relating to all issues of general interest relating to the exercise of the profession of bailiff;
9 ° to represent, within its mandate, all members of the boards of districts of the Kingdom respect authority and institution;
10 ° to institute legal proceedings, both by requesting that by defending, in any case affecting the profession of bailiff as a whole;
11 ° to approve annually the accounts submitted by its Steering Committee, and the budget;
12 ° to approve the settlement proposed by its operation and the jurisdiction and Executive Committee
the Organization of their general assemblies;
13 ° to manage infrastructure and to organise its secretariat, commissions appointment and discipline;
14 ° to establish guidelines as well as to develop and organize a control system with regard to the account of quality of the studies and of third party funds management;
15 ° to establish an electronic list of bailiffs and the candidates-bailiffs and to ensure its updating permanent. The King determines the creation, conservation and consultation of the arrangements. The National Chamber is authorized to collect from only bailiffs of justice and bailiff candidates their national registry number, in order to allow verification of their identity;
16 ° to organize the elections of the members of its Executive Committee;
17 ° to elect the members of the commissions of appointment and discipline;
18 ° to approve professional rules that apply to all members.
The tasks defined in the paragraph 1, 2 °, 3 °, 4 °, 5 °, 6 °, 7 °, 8 °, 9 °, 10 °, 13 ° and 15 ° are carried out by their Management Committee. The tasks defined in the paragraph 1, 1 °, 11 °, 12 °, 14 °, 16 °, 17 ° and 18 ° are carried out by its General Assembly.
S. 3. article 571, paragraph 1, of the same Code, replaced by the Act of 4 May 1999, is replaced by the following: "Pursuant to section 544, the Court of first instance knows appeal of appeals against the decisions of the disciplinary commission of the bailiffs pronouncing a sentence of discipline and pronounced, in the early spring, the penalties of high discipline against the bailiffs and the candidates-bailiffs.".
4. in article 1389bis/2 of the same Code, inserted by the Act of May 29, 2000 and amended by the Act of January 14, 2013, the "549" is replaced by the figure "555".
CHAPTER 3. -Provision repealing art. 5. the royal decree of 30 June 1993 on the bailiff candidate training and certification of this training course, is repealed.
CHAPTER 4. -Transitional provisions and entry into force article 6. students who, on the date of entry into force of this Act, have fully completed their internship time may obtain a certificate of training course of the National Chamber. The request to that effect should be included in the National Chamber no later than within a period of six months after its composition. This application is accompanied by the justification of internship time.
Students who, on the date of the entry into force of this Act, have not yet completed their current stage, continue their internship. Already accomplished internship period is deducted from the period referred to in article 511.
S. 7. any person who, on the date of entry into force of this Act, in accordance with article 17 of the royal decree of 30 June 1993 on the stage of the candidate-bailiff and the approval of this internship is the title of candidate-bailiff is appointed right candidate-bailiff by the King. These appointments have effect on the date of entry into force of this Act.
S. 8. on the entry into force of the present law, chambers of boroughs councils organize without delay a general meeting for the election of the representatives of the Chambre nationale des huissiers de justice in accordance with article 555, § 3. The permanent Council of the National Chamber organizes within two months of a General Assembly, where newly elected Borough Chambers representatives are invited. The permanent Council serving also appealed to the candidates for the duties of the members of the Executive Committee and members of disciplinary committees and appointment. Applications should be addressed to the Chairman on the basis of the permanent Council of the National Chamber of bailiffs in the month following the call for candidates. Within two weeks of the close of nominations, the president in office again convenes general meetings newly composed of the National Chamber of bailiffs and communicates to them at the same time the list of candidates. General meetings immediately proceed to the election of members. At the same time, they offer members for appointment commissions to the Minister of Justice for appointment.
The members who sit in the rooms of district councils remain members for the duration of their initial mandate.
S. 9. articles 509, 510 and 512 of the Judicial Code as they were in force at the time of the entry into force of this Act, shall remain applicable to the current appointment procedures at this time.
S. 10. by way of derogation from article 526, paragraph 2, of the same Code, for a period of two years from the entry into force of this Act, bailiffs may be replaced without limitation on the number of calendar days.
S. 11. the disclipinaires authorities referred to in articles 531, 532 of the Code and 531bis as they were in force at the time of the entry into force of this Act, remain competent for disciplinary procedures that have been introduced with them until that time. These disciplinary procedures are treated in accordance with articles 531 to 534 of the Code as they were in force at the time of the entry into force of this Act.
Disciplinary authority referred to in article 534 of the Code as it was in force at the time of the entry into force of this act immediately seizes the disciplinary commission referred to in article 534 of the Code of other ongoing disciplinary procedures.
12. this Act in force on the tenth day following that of its publication in the Moniteur belge, with the exception of article 516, paragraph 5, second sentence, of the Judicial Code, as replaced by section 2 of this Act, which shall enter into force on the date determined by the King and no later than April 1, 2014.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, January 7, 2014.
PHILIPPE by the King: sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives (www.lachambre.be): Documents: complete record 53-2937: 24 October 2013 Senate (www.senate.be): Documents: 5-2315 annals of the Senate: 18 and December 19, 2013
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