belgiquelex.be - Carrefour Bank of Legislation

21 DECEMBER 2013. - An Act to amend the Act of 24 July 1921 relating to the involuntary dispossession of titles to the holder, the Act of 14 December 2005 relating to the deletion of titles to the holder and chapter V of the Act of 24 July 2008 on various provisions (i), with respect to dormant trunks (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act applies to a matter regulated in Article 78 of the Constitution.
CHAPTER 2. - Amendment of the Act of 24 July 1921 on the involuntary dispossession of titles to the holder
Art. 2. Article 2, paragraph 1^erof the Act of 24 July 1921 on the involuntary dispossession of titles to the bearer, replaced by the Act of 22 July 1991, is supplemented by the following sentence:
"No further objection may be served on the Agency from 1^er January 2014. ".
CHAPTER 3. - Amendments to the Act of 14 December 2005 on the deletion of titles to bearers
Art. 3. Section 2, paragraph 2, of the Act of 14 December 2005 deleting the holder's titles is supplemented by the following:
"- the carrier's obligations that take the form of a collective title and that are issued to a winding-up organization for capital purposes, except for the purposes of section 4.".
Art. 4. In section 7 of the Act, replaced by the Act of April 25, 2007, the following amendments are made:
1° Paragraph 1^er is replaced by the following:
"The holder's titles that have not been converted in accordance with section 5 must be converted to name or dematerialized securities, by December 31, 2013, within the limits of the statutory provisions and the legal and regulatory framework of the issuance. ";
2° in paragraph 3, paragraph 4, the words "in two national broadcast media outlets, one in French and one in Dutch," are repealed.
Art. 5. In section 9 of the Act, amended by the Act of 25 April 2007 on various provisions (IV), the following amendments are made:
1° in paragraph 2, between the first and the second sentence is inserted the following sentence:
"The titles in opposition are registered in the name register, on behalf of the issuer under a separate section until the opposition is terminated. This registration does not constitute an act of disposition as referred to in section 16 of the Act of 24 July 1921 relating to the involuntary dispossession of titles to the bearer. ".
2° the article is supplemented by a paragraph written as follows:
"No seizure, sequestration or blocking of an open title account on behalf of the issuer or a name registration made on behalf of the issuer pursuant to this section is permitted. ".
Art. 6. Section 10 of the Act is supplemented by the words:
"and the same after the deposit of the securities not sold to the Caisse in accordance with Article 11, § 4, of this Act.".
Art. 7. In section 11 of the Act, the following amendments are made:
1° paragraphs 1^er and 2 are replaced by the following:
§ 1^er. From 1^er January 2015, the securities allowed to negotiate on a regulated market and not known to the licensee on the day of the sale are sold by the issuer on a regulated market.
This sale shall take place for publication before the Belgian Monitor and on the website of the market company operating the activity of the regulated market on which the securities will be sold with a notice containing the text of this paragraph and inviting the licensee to assert its rights on the securities. The sale may only take place upon the expiration of one month from the publication of the notice and is initiated within three months.
The issuer may charge on the proceeds of the sale any fees that he or she has had to expose due to the holding and management of the securities entered into account-titles to his or her name by application of section 9 and due to the conversion of the securities issued by him or her in full law.
The issuer may acquire securities on sale. With respect to shares, shareholders or certificates relating thereto, it shall comply with the conditions set out in Article 620 of the Code of Companies, except for the condition referred to in Article 620, § 1^erParagraph 1^er, 2°, of the Code of Companies to which it may be derogated for the purposes of this paragraph. If the conditions of section 620 of the Corporate Code are not met, the redemption may be effected by the issuer exclusively for the immediate destruction of the redeemed securities. In the latter case, the issuer complies with the conditions set out in section 621 of the Corporate Code.
Payments arising from the sale, deducting the costs referred to in paragraph 3, shall be deposited with the Caisse des Dépôts et Consignations until a person who has been able to establish his or her capacity as a holder upon request restitution. The Caisse des Dépôts et Consignations is responsible for the return of these amounts only as long as it has received them from the issuer pursuant to this paragraph. The interest accrued on these amounts is transferred to the Caisse des Dépôts et Consignations upon deposit with the Caisse.
The King may determine the terms of the sale, deposit and restitution provided for in this paragraph.
§ 2. From 1^er January 2015, securities that are not allowed to negotiate on a regulated market and that the licensee has not made known on the day of sale are sold on public sale by the issuer.
This sale shall take place for publication before the Belgian Monitor and on the website of a market company operating the public sales market on which the securities will be sold, with a notice containing the text of this paragraph and inviting the licensee to assert its rights on the title. The sale may only take place upon the expiration of a period of one month from the publication of the notice and is initiated within 3 months.
The issuer may charge the proceeds of the sale any fees that he or she has had to expose due to the holding and management of the securities registered in his or her name by application of section 9 and due to the conversion of the securities issued by him or her in full right.
The issuer may acquire securities on sale. With respect to shares, shareholders or certificates relating thereto, it shall comply with the conditions set out in Article 620 of the Code of Companies, except for the condition referred to in Article 620, § 1^erParagraph 1^er, 2°, of the Code of Companies to which it may be derogated for the purposes of this paragraph. If the conditions of section 620 of the Corporate Code are not met, the redemption may be effected by the issuer exclusively for the immediate destruction of the redeemed securities. In the latter case, the issuer complies with the conditions set out in section 621 of the Corporate Code.
The sums derived from the sale, deducting from the imputation referred to in paragraph 3, shall be deposited with the Caisse des Dépôts et Consignations until a person who has been able to establish his or her capacity as a holder upon request restitution. The Caisse des Dépôts et Consignations is responsible for the return of these amounts only as long as it has received them from the issuer pursuant to this paragraph. The interest accrued on these amounts is transferred to the Caisse des Dépôts et Consignations upon deposit with the Caisse.
The King may determine the terms of the sale, deposit and restitution provided for in this paragraph. ";
2° paragraph 3, paragraph 1^er, is replaced by the following:
§ 3. The person who requests the restitution of the sums from the sale referred to in §§ 1^er and 2 or securities deposited and registered on behalf of the Caisse des Dépôts et Consignations pursuant to § 4 shall provide the Caisse des Dépôts et Consignations with the titles in their paper form. ";
Paragraph 3, paragraph 2, is replaced by the following:
"Only written evidence is allowed to attest to the old transactions on titles.
Any other mode of proof of the licensee's quality is left to the appreciation of the issuer who assumes sole responsibility for the decision to return.
The King determines the terms of communication between the issuer and the Caisse.
The person requesting restitution is liable for a fine calculated per year of delay from 1^er January 2016.
The amount of the fine is, by year of delay, equal to 10% of the sum or counter-value of the securities that are the subject of the claim for restitution. ";
Paragraph 4 is replaced by the following:
§ 4. The securities that are not sold in accordance with this section as of November 30, 2015 shall be deposited by the issuer with the Caisse des Dépôts et Consignations in the name form until a person who has been able to establish his or her status as a holder requests restitution.
The King may determine the terms of this deposit.
The Caisse des Dépôts et Consignations shall be liable for the return of these securities only as long as they have been deposited with it by the issuer pursuant to this paragraph in accordance with the terms and conditions provided for.
The same applies to the sums derived from the sales referred to in Article 11, §§ 1 and 2, or destined for the refund of the accrued securities and transiting through an open account in the name of the issuer. ".
5° the article is supplemented by a paragraph 5 as follows:
§ 5. The issuer shall confirm by the Commissioner or, failing that, by an external authorized accountant, an external accountant or a business reviewer that the provisions of this section have been complied with.
This confirmation is addressed to the transmitter's management body, which electronically communicates it to the Caisse des Dépôts et Consignations. It is also the subject of a special mention in the annexes to the 2015 annual accounts.
This paragraph does not apply to the State.
The limitation of the right to refund of accrued securities is suspended in the same way. ".
Art. 8. In the same Act, an article 12/1 is inserted, as follows:
"Art. 12/1. § 1^er. 1^er January 2026, the amounts from the sale referred to in Article 11, §§ 1^er and 2 in deposit with the Caisse des Dépôts et Consignations and which have not been the subject of a request for restitution are attributed to the State.
§ 2. The securities registered with the Caisse des Dépôts et Consignations pursuant to Article 11, § 4 and which have not been the subject of a request for restitution by their holder on December 31, 2025 may be redeemed by the issuer. With respect to shares, shareholders or certificates relating to them, it shall comply with the conditions set out in Article 620 of the Code of Companies, with the exception of the condition referred to in Article 620, § 1^erParagraph 1^er, 2°, of the Code of Companies to which it may be derogated for the purposes of this article. If the conditions of section 620 of the Corporate Code are not met, the redemption may be effected by the issuer exclusively for the immediate destruction of the redeemed securities. In the latter case, the issuer complies with the conditions set out in section 621 of the Corporate Code.
When the issuer manifests at the Caisse des Dépôts et Consignations, no later than 31 December 2025 and in writing, his intention to redeem the securities, the State invites the issuer to make an offer within 15 days of the date of sending the invitation to a minimum price established by the King.
If the offer of redemption meets the conditions of this article, the State shall accept it within 15 days from the date of receipt of the offer. The proceeds of the sale of securities to the issuer are attributed to the State. If the issuer fails to buy back, the securities are attributed to the State. The suspension of the exercise of the rights attached to the securities provided for in Article 10 shall end at the time of the transfer of the ownership of the securities to the State or to the issuer.
The issuer shall ensure the transfer to the State of the ownership of the securities attributed to the State by an inscription on the name of the State in the register of the name of the issuer.
§ 3. From the moment when it becomes the owner of the securities, the State may sell them either on a regulated or non-regulated market or on a voluntary basis subject to the respect of the statutory or contractual clauses limiting the free Cessibility of the securities. ".
Art. 9. In section 14 of the Act, - paragraph 1^er is replaced by the following:
"The violation of articles 3, 4, 6 and 11 and the terms of the deposit of the sums arising from the sale of securities and the deposit of the unsold securities with Caisse des Dépôts et Consignations fixed by the King pursuant to article 11 is punishable by a fine of 200 to 100,000 euros."
CHAPTER 4. - Amendments to Chapter V of the Act of 24 July 2008 on various provisions (I), with regard to dormant boxes.
Art. 10. In section 23 of the Act of 24 July 2008 on various provisions (I), the 4th is replaced by the following:
"4° dormant boxes: safes for which the rent has not been paid for at least 5 years and whose rental contract has been terminated by the rental establishment; sealed envelopes maintained by a depositary institution and which for at least five years have not been subject to intervention by the applicant, his or her legal representative, are assimilated to dormant boxes; ".
Art. 11. Section 32 of the Act is replaced by the following:
"Art. 32. § 1^er. If, despite the search procedure referred to in section 26, a dormant box was not the subject of a tenant's intervention before the end of the first year following the time the chest became dormant, the rental facility opens the trunk in the presence of a court bailiff or a notary before the end of the second year following the time the trunk became dormant.
If the tenant intervenes even after the end of the first year following the time when the trunk became dormant, but before its opening, paragraph 1^er is not an application.
The judicial officer or notary shall draw up an inventory of the contents of the box concerned. The inventory also mentions the destination given to it in accordance with paragraphs 4 and 5.
The judicial officer or notary slides the contents of the trunk into an envelope which he seals and entrusts it to the rental institution.
By derogation from paragraph 4, the donor establishment shall do all in order to:
1° to register the species on accounts;
2° to destroy perishable objects;
3° to transfer prohibited or dangerous objects to the competent authority.
Paragraph 1^er does not preclude that, in accordance with the provisions of the lease agreement, the rental establishment may open a safe without a tenant's request before that safe has become dormant or the search procedure referred to in section 26 is completed. In this case, paragraphs 3, 4 and 5 are applicable.
The lessee may be responsible for the cost of opening the safe and establishing the inventory.
§ 2. The data determined by the King, relating to sealed envelopes with the contents of the safe concerned, shall be transferred by the rental institution to the Caisse before the end of the month following the month in which the trunk was opened or, if this opening took place under § 1^er6, before the end of the thirteenth month following the month in which the trunk became dormant.
The material delivery of the sealed envelope and its inventory to the Caisse occurs at least once a year and at the earliest in 2014. Between the time the envelope is sealed and its material delivery, the rental facility retains the sealed envelope on behalf of the tenant. The rental establishment may charge the tenant with the costs of the storage and material delivery of the sealed envelope.
The King sets out more specific rules for the transfer of data and the material delivery of sealed envelopes and their inventories to the Caisse and the exchange of data between the rental institution and the Caisse. It may also define more specific rules regarding the conservation of sealed envelopes by the rental establishment.
The Minister of Finance determines when the first material delivery of sealed envelopes and their inventories will take place.".
Art. 12. In the same Act, an article 32/1 is inserted as follows:
"Art. 32/1. Subject to the application of section 43 and except in the event of an error or fault in the head of the rental establishment, the material delivery of the sealed envelope to the Caisse shall release the rental establishment of any obligation with respect to the tenant, the authorities and any third party.
The Caisse does not take over the rights and obligations of the rental institution except for the obligation to return.".
Art. 13. In the same Act, an article 32/2 is inserted as follows:
"Art 32/2. The Caisse maintains a record of dormant trunks and ensures access to persons warranting a legitimate interest. The King determines the conditions of access to this registry.".
Art. 14. In section 41 of the Act, the following amendments are made:
1° in paragraph 1^er the words "and sealed envelopes delivered to the Caisse" are inserted between the words "The deposited assets at the Caisse" and the words "are held";
2° a paragraph is inserted between paragraphs 4 and 5:
"The sealed envelopes delivered to the Caisse are acquired to the State when it has elapsed a 30-year period that takes place from the date on which the boxes contained in these envelopes have become dormant within the meaning of Article 23, 4°. ";
3° paragraph 5 becomes paragraph 6;
4° it is supplemented by a paragraph written as follows:
"The Caisse retains the sealed envelopes that have been delivered to it and may bear third party fees to the tenant. The King defines the rules for the imputation of these fees.".
Art. 15. In the same Act, an article 41/1 is inserted as follows:
"Art. 41/1. A federal public service or an institution designated by royal decree deliberated in the Council of Ministers, opens the sealed envelopes that have become the property of the State on the basis of Article 41, paragraph 5. The King may determine the terms and conditions for the provision of sealed envelopes at that service or institution, the destination of the contents of the sealed envelopes and the payment to the Fund of the proceeds of the sale. ".
Art. 16. In section 42 of the Act, the words "and the proceeds of the sale referred to in section 41/1 "are inserted between the words "and section 38, paragraph 6, "and the words "to the Fund of Aging".
Art. 17. In section 43 of the Act, the words "of section 32, paragraph 1^er and 2" are replaced by the words "of Article 32, § 2, paragraph 1^er".
Art. 18. Section 50 of the Act is replaced by the following:
"Art. 50. For safes that are dormant within the meaning of section 23, 4°, at the time of the entry into force of this section and which, despite the search procedure referred to in section 26 have not been the subject of an intervention by the tenant, the rental establishment shall, no later than two years after the entry into force of this section:
1° if there is no inventory of the contents of the dormant box prepared by a judicial officer or a notary, open the boxes or sealed envelopes in the presence of a judicial officer or a notary, who draws up such an inventory under section 32, § 1^erparagraphs 3-5 and 7;
2° if there is an inventory of the contents of the dormant box prepared by a judicial officer or notary and mentioning objects referred to in article 32, § 1^er, paragraph 5, open the sealed envelopes, prepare a new inventory and apply article 32, § 1^erParagraph 5;
3° comply with its obligations under Article 32, § 2, paragraph 1^er.
By derogation from Article 41, paragraph 5, shall be granted to the State not earlier than thirty years after the entry into force of this Article the sealed envelopes delivered to the Caisse in which the contents of the sleeping boxes are found within the meaning of Article 23, 4°, at the time of the entry into force of this Article. ".
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 December 2013.
PHILIPPE
By the King:
Minister of Finance,
K. GEENS
Minister of Average Classes, E.P., Independents and Agriculture,
Mrs. S. LARUELLE
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2013-2014.
House of Representatives.
Parliamentary documents. - Bill No. 53-3219/001. - Amendments, No. 53-3219/002. - Text adopted by the commission, No. 53-3219/005. - Text adopted in plenary and transmitted to the Senate, No. 53-3219/006.
Full report: 12 December 2013.
Senate.
Parliamentary documents. - Project transmitted by the Chamber, No. 5-2404/1. - Text adopted by the Commission: not amended. - Text adopted in plenary and subject to Royal Assent: not amended.
Annales: December 18, 2013.