Posted the: 2014-01-16 Numac: 2014009006 SERVICE PUBLIC FÉDÉRAL JUSTICE 21 December 2013. -Act to amend the Judicial Code as regards the quality of lawyers PHILIPPE account, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. in the Judicial Code, it is inserted an article 446quater as follows: "article 446quater. § 1. Any lawyer draws a distinction between its own funds and third-party funds.
Funds received by lawyers 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 firm with mention of their or its quality. This or these accounts are open in accordance with rules to be fixed by the Ordre des barreaux francophones and germanophone and the Orde van Vlaamse Balies.
The lawyer 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 counsel, without prejudice to the additional rules regarding the handling of funds of clients or third parties laid down by the order of French-speaking and German-speaking bars and the Orde van Vlaamse Balies.
§ 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 Act of 22 March 1993 on the status and control of credit or with the Caisse des Dépôts et consignations institutions and which at least meet 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 Ordre des barreaux francophones and germanophone and the Orde van Vlaamse Balies may establish additional rules regarding the handling of funds of customers or third parties.
§ 4. Save in exceptional circumstances, counsel transfers to the recipient in the shortest time the funds received on behalf of third parties.
If, for founded reasons, counsel can transfer the funds to the recipient within the period prescribed by the regulations of the order of French-speaking and German-speaking bars and the Orde van Vlaamse Balies, 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 Ordre des barreaux francophones and germanophone and the Orde van Vlaamse Balies introduce and organize a control system determining 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 control of funds received on the accounts referred to in § 2.
§ 6. Lawyer pays to the Caisse des Dépôts et consignations all amounts, regardless of the amount, which have not been claimed by the person entitled or him have not been paid within two years following the closing of the folder in which they were received by the lawyer.
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 lawyer. 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 the law of 31 July 1934. "."
S. 3. in the same Code, it is inserted an article 446quinquies as follows: "article
446quinquies. § 1. Corporate securities and bearer entrusted to counsel during a particular folder are, within the period provided for by the regulations of the order of French-speaking and German-speaking bars and the Orde van Vlaamse Balies 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 status and control of institutions of credit, on behalf of the owner and on behalf of the lawyer or of the law firm.
Are transmitted to the Caisse des Dépôts et consignations by counsel in accordance with article 5 of the Ministerial Decree of March 27, 1935, of execution of order royal No. 150 on March 18, 1935, coordinating laws relating to the Organization and operation of the Caisse des Dépôts et consignations and with Amendments Act of July 31, 1934 all corporate securities and in bearer form that are not claimed by the person entitled, nor handed over to it, two years after the closing of the record on the occasion of which they were received by the lawyer.
These deposits are registered on behalf of the person entitled, that is designated by the lawyer. Without prejudice to article 4, paragraph 1, of the law of 14 December 2005 abolishing bearer, the Caisse des Dépôts et consignations titles 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 March 18, 1935, referred to in paragraph 1. "."
S. 4. this Act comes into force the day of entry into force of the Act of 22 November 2013 amending the law of 25 Ventôse year XI containing organisation of the notarial profession in relation to the account of quality of notaries and the mortgages Act of December 16, 1851, in relation to the account quality of lawyers, notaries and bailiffs of justice promulgate this Act order that it be under the seal of the State and published by le Moniteur.
Given at Brussels, December 21, 2013.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives.
Documents: 53-3059. -Full report: 8 and October 10, 2013.
Documents: 5-2288. – Annals of the Senate: 5 December 2013.
See also: House of representatives.
Documents: 53-1661. -Full report: 8 and October 10, 2013.