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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009542&caller=list&article_lang=F&row_id=1000&numero=1055&pub_date=2013-12-16&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-12-16 Numac: 2013009542 FEDERAL JUSTICE PUBLIC SERVICE November 22, 2013. -Act to amend the Code of corporations, safeguards of creditors in case of reorganization of capital (1) PHILIPPE, 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 78 of the Constitution.
S.
2. in article 613, paragraph 1, of the Code of corporations, the first sentence is supplemented by the words "and for claims subject to a complaint to justice" or by arbitration before the general meeting called to decide on the reduction of capital.
S.
3. in article 684, § 1, paragraph 1, of the Code, the words "or including the claim is the subject of a claim against the company being divided or the company to merge, introduced in the courts or by arbitration before the general meeting called upon to decide on the split or merger' shall be inserted between the words"not yet expired"and the words", may require a safety ", notwithstanding any agreement to the contrary".
S. 4. in article 686 of the Code, the following changes 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 subject to a claim against the company being divided, introduced in the courts or by arbitration before the general meeting called to decide upon the Division."
S.
5. in article 766, paragraph 1, of the Code, the words "or whose claim is being of a claim against the transferring company, introduced in the courts or by arbitration before the general meeting called to decide on the contribution," shall be inserted between the words "this publication has not yet expired"and"may require".
S. 6. article 767, § 1, paragraph 1, of the Code, shall be supplemented by the words "as well as debts subject to a claim against the transferring company, introduced in the courts or by arbitration before the general meeting 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 with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives.
Documents. -Law proposition of M.
Mahboobeh et al., 53-2800 - No. 1. -Report, 53-2800 - No. 2. -Text corrected by the commission 53-2800 - No. 3. -Text adopted in plenary meeting and forwarded 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 meeting and submitted to the Royal assent, 53-2800 - No. 7.
Compte rendu intégral. -12 and 13 June 2013, and November 7, 2013.
Senate.
Documents. -Project mentioned 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 returned to the House of representatives, 5-2151 - No. 5.
Annals. -17 and July 18, 2013.