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An Act To Amend The Code Of Corporations, Regarding Guarantees Of The Creditors In Case Of Reorganization Of Capital (1)

Original Language Title: Loi modifiant le Code des sociétés, concernant les garanties des créanciers en cas de réorganisation du capital (1)

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belgiquelex.be - Carrefour Bank of Legislation

22 NOVEMBER 2013. - An Act to amend the Corporate Code, concerning the guarantees of creditors in the event of reorganization of capital (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In section 613, paragraph 1er, from the Corporate Code, the first sentence is supplemented by the words "and for claims that are the subject of a claim brought to justice or by arbitration before the general assembly called to decide on the reduction of capital".
Art. 3. In Article 684, § 1erParagraph 1er, in the same Code, the words "or whose receivable is the subject of a claim against the split corporation or the corporation to be merged, brought to justice or by arbitration before the general assembly called to decide on the split or fusion" are inserted between the words "not yet expired" and the words ", may require a security, notwithstanding any agreement to the contrary".
Art. 4. In section 686 of the same Code, the following amendments are made:
1° in the French text of the first sentence, the word "transferred" is replaced by the word "transferred";
2° the first sentence is supplemented by the words "as well as debts that are the subject of a claim against the company, brought to justice or by arbitration before the general assembly called to decide on the split. "
Art. 5. In section 766, paragraph 1er, of the same Code, the words "or whose debt is the subject of a claim against the bringing society, brought to justice or by arbitration before the general assembly called to decide on the contribution," are inserted between the words "to this publication and is not yet exhausted" and ", may require".
Art. 6. Article 767, § 1erParagraph 1er, of the same Code, is supplemented by the words "as well as debts subject to a claim against the bringing company, brought to justice or by arbitration before the general assembly called to decide on the contribution".
Given in Brussels, 22 November 2013.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
House of Representatives.
Documents. - Proposal by Mr. Clarinval et al., 53-2800 - No. 1. - Report, 53-2800 - No. 2. - Text corrected by the commission, 53-2800 - No. 3. - Text adopted in plenary and transmitted to the Senate, 53-2800 - No. 4. - Draft amended by the Senate, 53-2800 - No. 5. - Report 53-2800 - No. 6. - Text adopted in plenary session and subject to Royal Assent, 53-2800 - No. 7.
Full report. - 12 and 13 June 2013, and 7 November 2013.
Senate.
Documents. - Project referred to by the Senate, 5-2151 - No. 1. - Amendments, 5-2151 - No. 2. - Report, 5-2151 - No. 3. - Text amended by the Commission, 5-2151 - No. 4. - Text amended by the Senate and referred to the House of Representatives, 5-2151 - No. 5.
Annales. - 17-18 July 2013.