Posted the: 2013-12-10 Numac: 2013009528 FEDERAL JUSTICE PUBLIC SERVICE November 22, 2013. -Act to amend Act 25 Ventôse an XI containing organisation of the notarial profession in relation to the account of quality of notaries and the mortgages Act of December 16, 1831, in relation to the account of quality of lawyers, notaries and bailiffs PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. 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 s. notary organization 2. article 34 of the law of 25 Ventôse an XI containing organisation of the notarial profession, as last amended by the royal decree of July 20, 2000, is replaced by the following: 'article 34 § 1.
Any notary draws a distinction between its own funds and third-party funds.
Funds received by the notaries 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 society of notaries with mention of their or its quality. This or these accounts are open in accordance with rules to be fixed by the National Chamber of notaries.
The notary 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 the notary, without prejudice to the additional rules regarding the handling of funds of clients or third parties laid down by the National Chamber of notaries.
§ 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 the credit institutions or with the Caisse des Dépôts et consignations, and which meet at least 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 National Chamber of notaries may establish additional rules regarding the handling of funds of customers or third parties.
§ 4. Save in exceptional circumstances, the notary transfers to the recipient, in the shortest time, funds received on behalf of third parties.
If, for founded reasons, the notary can transfer the funds to the recipient within the time limit prescribed by the regulations of the national notaries and, later, Chamber 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 notary pays to the Caisse des Dépôts et consignations all amounts, regardless of the amount, which have not been claimed by the person entitled or her have not been paid within two years following the closing of the folder in which they were received by the notary. 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 notary. 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. "."
CHAPTER 3. -Modification of the mortgage law of December 16, 1851, s. 3. in the mortgage law of December 16, 1851, it is inserted an article 8/1 as follows: "article 8 / ' 1. claims on money, securities and bearer placed for the benefit of a third party on the accounts referred to in articles 446quater, 446quinquies, 522/1 and 522/2 of the Judicial Code and articles 34 and 34a of the Act of 25 Ventôse an XI containing organisation of notaries are isolated from the heritage of the account holder.
These claims are not nationals in the competition among the creditors of the account holder and all transactions to these claims can be opposed to the mass provided that they have a link with the allocation of moneys, securities and to the bearer. These sums, securities and to bearer are also excluded from the liquidation of the matrimonial and succession of the account holder.
If the account is insufficient to pay the third referred to in paragraph 1, it is divided between them in proportion to their claims. If the account holder can itself assert rights with respect to equity into account, it only is granted only the balance remaining after all third party rights have been exercised. "."
CHAPTER 4. -Entry into force art.
4. this Act comes into force the first day of the sixth month following that of its publication in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, 22 November 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 (1) see: records of the House of representatives: 53-1661-2010/2011: No. 1: Bill of Mr Terwingen, Mrs Becq and Dikshit, Mr Van den Bergh, Verherstraeten and Schiltz, Ms. Lahaye-Battheu and M. Brotcorne.
53 - 1661 - 2012/2013: Nos. 2 and 3: amendments. -No. 4: report. -No. 5: The text adopted by the commission.
-No. 6: Text adopted by the commission.
53 - 1661 - 2013/2014: No. 7: text adopted in plenary meeting and transmitted to the Senate.
Full record: 8 and October 10, 2013.
See also: records of the House of representatives: 53-3059-2013/2014: No. 1: text adopted in plenary meeting and transmitted to the Senate.
Full record: 8 and October 10, 2013.
The Senate documents: 5-2287-2013/2014: No. 1: project not referred by the Senate.