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Law Amending The Law Of 25 Ventôse An Xi Containing Organisation Of The Notarial Profession In Relation To The Account Of Quality Of Notaries And Mortgage Law Of December 16, 1831, In Relation To The Account Of Quality Of Lawyers, Notaries And Bailiffs

Original Language Title: Loi modifiant la loi du 25 ventôse an XI contenant organisation du notariat en ce qui concerne le compte de qualité des notaires et la loi hypothécaire du 16 décembre 1831 en ce qui concerne le compte de qualité des avocats, des notaires et des huissiers

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belgiquelex.be - Carrefour Bank of Legislation

22 NOVEMBER 2013. - An Act to amend the law of 25 ventôse an XI containing organization of the notariat with regard to the quality account of notaries and the mortgage law of 16 December 1831 with regard to the quality account of lawyers, notaries and judicial officers



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendment of the law of 25 ventôse an XI containing organisation of the notariat
Art. 2. Section 34 of the Act of 25 ventôse an XI containing organization of the notariat, last amended by the Royal Decree of 20 July 2000, is replaced by the following:
"Art. 34. § 1er. Every notary distinguishes between its own funds and third-party funds.
Funds received by notaries in the exercise of their profession for the benefit of customers or third parties are paid on one or more accounts open to their name or on behalf of their notary corporation with mention of their quality or quality. These accounts are open in accordance with the rules to be determined by the National Chamber of Notaries.
The notary handles the funds of customers or third parties through this account. It always asks customers and third parties to pay exclusively on this account.
This account is managed exclusively by the notary, without prejudice to the additional rules concerning the handling of customer funds or third parties established by the National Chamber of notaries.
§ 2. The accounts referred to in § 1er include third party accounts and rubricated accounts.
The third party account is a global account on which funds are received or managed that must be transferred to customers or third parties.
The rubricized account is an individualized account opened in a specific folder or for a specific client.
§ 3. The third party account and the rubricated account are accounts that are open to an institution approved by the National Bank of Belgium on the basis of the Act of 22 March 1993 relating to the status and control of credit institutions or to the Caisse des dépôts et consignations and, which meet at least the following conditions:
1° the third party account and the rubricized account can never be debited;
2° no credit, in any form, may be made on a third party account or on a rubricized account; they can never serve as a security;
3° any compensation, merger, or stipulation of an account between the third party account, the rubricized account and other bank accounts is excluded; no netting agreement may apply to these accounts.
The National Board of Notaries may establish additional rules regarding the handling of client funds or third parties.
§ 4. Except in exceptional circumstances, the notary shall transfer to the recipient, as soon as possible, the funds received on its third party account.
If, for reasons of merit, the notary cannot transfer the funds to the recipient within the time limit provided for in the National Chamber of Notaries and, at the latest, within two months of their receipt, it shall pay them on a rubricized account.
Without prejudice to the application of mandatory legal rules, paragraph 2 is not applicable where the total of the funds received either on behalf of the same person or on the occasion of the same transaction or on file does not exceed 2.500 euros. The King can adapt this amount every two years taking into account the economic situation. This adaptation comes into force on 1er January of the year following the publication of the adaptation order.
§ 5. The notary shall pay to the Caisse all amounts, regardless of the amount, that have not been claimed by the person entitled or have not been paid to the Fund within two years of the closing of the record in which they were received by the notary. The deadline is suspended as long as these amounts are subject to judicial proceedings.
These deposits are registered on behalf of the entitled person designated by the notary. The Caisse des dépôts et consignations shall be held at the disposal of the person entitled until the expiry of the period referred to in section 25 of Royal Decree No. 150 of 18 March 1935, which shall coordinate the laws relating to the organization and operation of the Caisse des dépôts et consignations and make amendments thereto under the Act of 31 July 1934. ".
CHAPTER 3. - Amendment of the mortgage law of 16 December 1851
Art. 3. In the Mortgage Act of 16 December 1851, an article 8/1 is inserted as follows:
"Art. 8/1. The receivables on the amounts, titles and values of the holder placed for the benefit of a third party on the accounts referred to in sections 446quater, 446quinquies, 522/1 and 522/2 of the Judicial Code and sections 34 and 34bis of the law of 25 ventôse an XI containing organization of the notariat are isolated from the assets of the account holder.
These receivables do not arise from the agreement between the creditors of the account holder and all transactions related to these receivables may be opposed to the mass provided that they have a connection with the allocation of these amounts, securities and bearer values. These amounts, securities and bearer values are also excluded from the liquidation of the matrimonial regime and the succession of the account holder.
If the account is insufficient to pay the third parties referred to in paragraph 1er, it is distributed among them in proportion to their claims. If the account holder is entitled to claim his or her rights to account, he or she is only given the balance that remains after all third party rights have been exercised. ".
CHAPTER 4. - Entry into force
Art. 4. This Act comes into force on the first day of the sixth month following that of its publication in the Belgian Monitor.
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, 22 November 2013.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) See:
Documents of the House of Representatives:
53-1661 -2010/2011:
No. 1: Bill by Mr. Terwingen, Ms. Becq and Dierick, Mr. Van den Bergh, Mr. Verherstraeten and Mr. Schiltz, Ms. Lahaye-Battheu and Mr. Brotcorne.
53-1661 -2012/2013:
Nbones 2 and 3: Amendments. - No 4: Report. - No 5: Text adopted by the Commission. - No 6: Text adopted by the Commission.
53-1661 -2013/2014:
No 7: Text adopted in plenary and transmitted to the Senate.
Full report: 8-10 October 2013.
See also:
Documents of the House of Representatives:
53-3059 -2013/2014:
No 1: Text adopted in plenary and transmitted to the Senate.
Full report: 8-10 October 2013.
Documents of the Senate:
5-2287 -2013/2014:
No 1: Project not referred to by the Senate.