Law Relating To The Exercise By A Legal Person Of The Profession Of Surveyor

Original Language Title: Loi relative à l'exercice par une personne morale de la profession de géomètre-expert

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013011434&caller=list&article_lang=F&row_id=1100&numero=1137&pub_date=2013-09-05&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-09-05 Numac: 2013011434 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy 18 July 2013. -Act on the exercise by a legal person of the profession of surveyor PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available preliminary Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to the law of 11 May 2003 protecting the title and the profession of surveyor-expert article
2. in article 2 of the law of 11 May 2003 protecting the title and the profession of surveyor-experts the words "exercise the profession of surveyor, or" are repealed.
S. 3. in the same Act, it is inserted an article 2/1 as follows: "article 2/1. § 1. May exercise the profession of surveyor, the natural person who satisfies the conditions referred to in article 2.
§ 2. May exercise the profession of surveyor Corporation that meets the following conditions: 1 ° all managers, administrators, members of the Committee of management and more generally, independent agents involved in the name and on behalf of the legal person, are natural persons authorized to exercise the profession of surveyor in accordance with the § 1;
2 ° its object and its activity must be limited to the provision of services falling within the exercise of the profession of surveyor and cannot be inconsistent therewith;
3 ° if it is constituted in the form of a limited liability company or a limited partnership by shares, its actions must be registered;
4 ° at least 60% of the shares or shares so that voting rights must be held, directly or indirectly, by individuals licensed to practice the profession of surveyor in accordance with the § 1; all other units or shares may only be held by natural or legal persons who carry on a profession that is not incompatible with the exercise of the profession and which are reported to the competent Chamber of the federal Council of Chartered Surveyors;
5 ° the Corporation may hold shares in other companies or legal persons when the social object and the activities of these companies are not incompatible with the exercise of the profession of surveyor;
6 ° the Corporation is listed on the table of the holders of the profession of surveyor.
If due to the death of a natural person referred to in 1 ° or 4 °, the Corporation no longer meets the conditions required to exercise the profession of surveyor, it has six months to come into compliance with these conditions.
During this period, the Corporation may continue to exercise the profession of surveyor.

§ 3. When acts of the profession of surveyor, referred to in article 3, are posed by an employee, and is not under the control and responsibility for a table of the federal Council of Chartered Surveyors surveyor registrant, that person must meet the conditions referred to in articles 2 and 5, § 1, and be included in the table. Therefore he must assume the responsibilities and acts in the same way as the independent surveyor."
S. 4. in the same Act, it is inserted an article 2/2, as follows: "article
2/2. Any person physical or person legal entity authorized to exercise the profession of surveyor in accordance with this Act and which may be liable due to acts she performs professional or acts of its employees must be covered by insurance.
The King sets the terms and conditions of insurance which should allow adequate coverage of incurred risk per the recipient of the services provided by the surveyor, including:-the minimum ceiling to ensure;
-the extent of the warranty at the time;
-the risks to be covered.
When the profession of surveyor is performed by a corporation under this Act, all managers, active partners, directors and members of the Executive Committee are jointly and severally responsible for the payment of insurance premiums. "."
S.
5A article 4, § 1, of the same law the following changes are made: 1 ° the words "/ 1, § 1" shall be inserted between the words "article 2" and the words "this Act";
2 ° paragraph be supplemented by a paragraph as follows: "The King fixed the manner in which the honorary title of"surveyor"may be worn".
S. 6. in section 4 of the Act, paragraphs 4 and 5 are repealed.
S.
7. in the same Act inserted an article 4/1 as follows: "article 4/1. § 1.
In application of article 2/1, § 2, 6 °, the legal person may be included in the table referred to in article 3 of the law of May 11, 2003 creating advice Federal surveyors, if it meets the conditions laid down in article 2 previously / 1, § 2, 1 ° to 5 °.
§ 2. The persons referred to the § 1 send a copy of the documents proving the compliance with the conditions laid down in article 2/1 to the federal Council of Chartered Surveyors § 2, 1 ° to 5 °.
"Art. 8. article 5 of the Act is replaced by the following: 'article 5 § 1. Registration is subject to a payable annually, non-refundable fee, whose amount shall be fixed by the Minister that the Middle Classes. The natural or legal person exercising the profession of surveyor who fails to discharge the registration fee is removed from the table referred to in article 3 of the law of May 11, 2003, creating the Federal councils of the surveyors.

§ 2. People who are listed in the table can in be removed at any time on their own initiative.
They have the obligation to inform, by registered letter and within thirty days, the federal Council of the surveyors of any change or extension of their profession of surveyor to another independent, self-employed activity or in the public service."
S.
9. at article 7 of the same Act, as amended by the law of December 22, 2009, the following amendments are made: 1 ° in the paragraph 1, paragraph 4, the words "reserved or not," shall be inserted between the words "issues," and "the surveyor";
2 ° paragraph 1 is supplemented by a paragraph worded as follows: "It is same for the surveyor who acts in the name and for the account of the legal person or the employer.";
3 ° in paragraph 2 the words "natural persons" are inserted between the word "surveyors" and the words "to the table".
S. 10 in article 8 of the same Act the following changes are made: 1 ° in paragraph 1 the word "independent" is replaced by the words "on the table";
2 ° in paragraph 2, the word 'independent' is replaced by the words "on the table";
3 ° article is supplemented by a paragraph 3 as follows: "§ § 3 3" When a disciplinary punishment is imposed on a legal person, a disciplinary punishment can also be applied to the natural persons (s) mentioned in article 2/1, § 2, 1 °, or (x) employee (s) registered (s) in the table under section 2/1, § 3, whose intervention is at the origin of facts for which the legal person is punished disciplinary. "."
S.
11A article 10 of the same Act the following changes are made: 1 ° in the text which will form the first paragraph the words "that which" are replaced by the words "Anyone" and the words "and 4" shall be replaced by the words ", 2/1, 4 and 5';
2 ° article is supplemented by a paragraph worded as follows: "legal persons who exercise the profession of surveyor in accordance with this Act is civilly liable for the payment of fines and enforcement of remedies to which their bodies and officers have been convicted."
CHAPTER 3. -Amendments to the law of May 11, 2003 creating the surveyors s. Federal councils 12. in article 2 of the law of May 11, 2003, creating the Federal councils of the surveyors, paragraph 3 is replaced by the following: "Each room is assisted an effective clerk and one or more Deputy Registrars, appointed by the Minister that the Middle Classes.".
S.
13A article 3 of the same Act the following changes are made: 1 ° the words 'and 2/1 "shall be inserted between the words '2, 1 °' and the words', of the Act";
2 ° the words "as independent" are deleted;
3 ° article is supplemented by a paragraph worded as follows: "the table referred to in the first paragraph also contains a pane containing the employees referred to in article 2/1, § 3, of the Act."
S. 14A article 4, § 2, paragraph 1, of the same Act the following changes are made: 1 ° the words "natural person" shall be inserted between the words "applicant" and "will exercise its";
2 ° the sentence is completed by the following: "and for the Corporation, by the place of its registered office.".
S. 15. in article 5 of the same Act, paragraph 3 is replaced by the following: "Each room is assisted an effective clerk and one or more Deputy Registrars, appointed by the Minister that the Middle Classes.".
CHAPTER 4. -Consolidation Art. 16. the King can codify the provisions of the laws of 11 May 2003 protecting the title and the profession of surveyor-experts and may 11, 2003 creating the surveyors Federal councils taking into account

alterations express or implied that these provisions will have suffered at the time where the consolidation will be established.
The consolidation will be the following title: "Code relating to the profession of surveyor and the federal Council of Chartered Surveyors."
S. 17. the King can also codify the provisions of the laws of February 20, 1939, on the protection of the title and the profession of architect and 26 June 1963 establishing an Association of architects taking into account the amendments express or implied that these provisions would have incurred at the time the consolidation will be established.
The consolidation will be the following title: "Code relating to the profession of architect and the order of architects.".
To this end, it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to codify;
2 ° amend the references contained in the provisions codifying in order to put them in line with the new numbering;
3 ° amend the drafting of the provisions to be codified to ensure consistency and to unify the terminology without that it can be infringed the principles embodied in these provisions.
CHAPTER 5. -Entry into force art. 18. the King fixed, by stop deliberated in Council of Ministers, the date of entry into force of this Act.
Promulgate this Act, order that it be under the seal of the State and published by the Belgian Monitor.
Given to Brussels, July 18, 2013.
PHILIPPE by the King: the Minister of the Middle Classes, SMEs and the self-employed, Ms. S. LARUELLE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives: Documents. -2816 No. 1: Bill No. 2: Amendment No. 3: report No. 4: text adopted no. 5: text adopted.
Senate: Document.
-S-5-2147 N ° 1: project not referred by the Senate.