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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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belgiquelex.be - Carrefour Bank of Legislation

18 JULY 2013. - Act respecting the exercise by a legal person of the profession of geometer-expert



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Preliminary provision
Article 1er. 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 profession of geometer-experts
Art. 2. In Article 2 of the Law of May 11, 2003, protecting the title and profession of geometer-experts the words "to exercise the profession of geometer, or" are repealed.
Art. 3. In the same Act, an article 2/1 is inserted as follows:
"Art. 2/1. § 1er. May practise the profession of geometer-expert, the physical person who meets the requirements of section 2.
§ 2. May practise the profession of geometer-expert the legal person who meets the following conditions:
1° all managers, administrators, members of the steering committee and more generally, independent agents who intervene on behalf of and on behalf of the legal person, are natural persons authorized to practise the profession of geometer-expert in accordance with § 1er;
2° its object and activity shall be limited to the provision of services under the exercise of the geometer-expert profession and may not be incompatible with it;
3° if it is constituted in the form of an anonymous corporation or a partnership sponsored by shares, its shares shall be nominal;
4° at least 60% of the shares or shares and voting rights shall be held, directly or indirectly, by natural persons authorized to practise the geometer-expert profession in accordance with § 1er; all other shares or shares may only be held by natural or legal persons who practise a profession that is not incompatible with the exercise of the profession and that are reported to the competent board of the Federal Council of Surveyors;
5° the legal person may hold participations in other corporations or legal entities only where the social object and activities of these companies are not incompatible with the exercise of the geometer-expert profession;
6° the legal person is listed in the table of the holders of the geometer-expert profession.
If due to the death of a natural person referred to in 1° or 4°, the legal person no longer meets the requirements for the occupation of a geometer-expert, the legal person has a period of six months to comply with these conditions. During this period, the legal person may continue to practise the geometer-expert profession.
§ 3. When acts related to the professional activity of a geometer-expert, referred to in Article 3, are filed by an employee, and that the employee is not under the control and responsibility of an expert geometer listed in the table of the Federal Council of Geometers-experts, that person must fulfil the conditions referred to in Articles 2 and 5, § 1er, and be included in the table. Therefore, he must take responsibility and act in the same way as the independent geometer expert."
Art. 4. In the same Act, an article 2/2 is inserted, as follows:
"Art. 2/2. Any natural person and/or legal person authorized to practise the profession of geometer-expert in accordance with this Act and whose liability may be incurred as a result of the acts carried out in a professional capacity or the acts of his or her attendants shall be covered by insurance.
The King sets out the terms and conditions of insurance that must allow adequate coverage of the risk incurred by the recipient of the services requested by the geometer-expert, including:
- the minimum ceiling to be guaranteed;
- the extent of the warranty in time;
- the risks that must be covered.
When the geometer-expert profession is exercised by a legal entity in accordance with this Act, all managers, active associates, administrators and members of the steering committee are jointly responsible for the payment of insurance premiums. ".
Art. 5. Article 4, § 1erthe following amendments are made to the Act:
1° the words "/1, § 1er"are inserted between the words "article 2" and the words "of this law";
2° the paragraph shall be supplemented by a paragraph which reads as follows:
"The King sets out the terms according to which the title "honorary expert-geometer" can be worn."
Art. 6. Section 4 of the Act repeals paragraphs 4 and 5.
Art. 7. In the same Act, an article 4/1 is inserted as follows:
"Art. 4/1. § 1er. Pursuant to Article 2/1, § 2, 6°, the legal person may be listed in the table referred to in Article 3 of the Law of 11 May 2003 creating federal councils of the geometers-experts, if it meets the conditions set out in Article 2 /1, § 2, 1° to 5°.
§ 2. Persons referred to in § 1er send to the Federal Council of Surveyors a copy of the documents proving compliance with the conditions laid down in Article 2/1, § 2, 1° to 5°. "
Art. 8. Section 5 of the Act is replaced by the following:
"Art. 5. § 1er. The registration is subject to an annual non-refundable fee, the amount of which is determined by the Minister who has the Average Classes in his or her duties. The natural or legal person who practises the profession of geometer-expert who does not fulfill the right of registration is removed from the table referred to in section 3 of the Act of 11 May 2003 creating federal councils of geometers-experts.
§ 2. Those listed in the table may be removed at any time of their own initiative.
They have an obligation to inform, by registered letter and within thirty days, the Federal Council of Geometers-experts of any change or extension of their professional activity as a geometer-expert to another independent, employee or public service activity. "
Art. 9. In section 7 of the Act, as amended by the Act of 22 December 2009, the following amendments are made:
1° in paragraph 1er, paragraph 4, the words "reserved or not," are inserted between the words "delivery," and "the geometer-expert";
2° paragraph 1er is supplemented by a paragraph that reads as follows:
"The same applies to the geometer expert who acts on behalf of and on behalf of his legal person or employer. ";
3° in paragraph 2 the words "physical persons" are inserted between the word "geometers-experts" and the words "inscribed in the table".
Art. 10. The following amendments are made to section 8 of the Act:
1° in paragraph 1er the word "independent" is replaced by the words "inscribed to the table";
2° in paragraph 2 the word "independent" is replaced by the words "inscribed in the table";
3° the article is supplemented by a paragraph 3 written as follows:
§ 3. Where a disciplinary penalty is imposed on a legal person, a disciplinary penalty may also be applied to the natural person(s) referred to in Article 2/1, § 2, 1°, or to the employee(s) registered in the table under Article 2/1, § 3, whose intervention is the origin of the facts for which the legal person is disciplined. ".
Art. 11. The following amendments are made to section 10 of the Act:
1° in the text that will form the first paragraph the words "He who" are replaced by the words "Whosoever" and the words "and 4" are replaced by the words ", 2/1, 4 and 5";
2° the article is supplemented by a paragraph written as follows:
"The legal persons who practise the profession of geometer-expert in accordance with this Act are civilly responsible for the payment of fines and the execution of reparations to which their organs and agents have been convicted. "
CHAPTER 3. - Amendments to the Act of May 11, 2003 creating federal councils of geometers-experts
Art. 12. Paragraph 3 is replaced by the following in section 2 of the Act of 11 May 2003 establishing federal councils of geometers-experts:
"Each Chamber shall be assisted by an effective clerk and one or more alternate clerks appointed by the Minister who has the Average Class in his or her duties. ".
Art. 13. The following amendments are made to section 3 of the Act:
1° the words "and 2/1" are inserted between the words "2, 1°" and the words ", of the law";
2° the words "independent" are deleted;
3° the article is supplemented by a paragraph written as follows:
"The table referred to in paragraph 1 also contains a portion of the employees referred to in Article 2/1, § 3, of the aforementioned Act. "
Art. 14. Article 4, § 2, paragraph 1erthe following amendments are made to the Act:
1° the words "physical person" are inserted between the word "applicant" and the words "will exercise";
2° the sentence is supplemented by the following: "and, for the legal person, by the place of his head office."
Art. 15. In section 5 of the Act, paragraph 3 is replaced by the following:
"Each Chamber shall be assisted by an effective clerk and one or more alternate clerks appointed by the Minister who has the Average Class in his or her duties. ".
CHAPTER 4. - Codification
Art. 16. The King may codify the provisions of the laws of 11 May 2003 protecting the title and profession of geometer-experts and of 11 May 2003 creating federal councils of geometer-experts taking into account the express or implicit amendments that these provisions will have undergone at the time of codification.
Codification will include the following title: "Code relating to the profession of geometer-expert and the Federal Council of Geometers-experts. "
Art. 17. The King may also codify the provisions of the Acts of 20 February 1939 on the protection of the title and the occupation of architects and of 26 June 1963 creating an Order of Architects taking into account the express or implied changes that these provisions would have suffered at the time the codification will be established.
The codification will bear the following title:
"Code relating to the architectural profession and to the Order of Architects. ".
To this end, He may:
1° amend the order, numbering and, in general, the presentation of the provisions to be codified;
2° amend the references that would be contained in the provisions to be codified to align them with the new numbering;
3° amend the drafting of the provisions to be codified in order to ensure their consistency and to unify the terminology without prejudice to the principles enshrined in these provisions.
CHAPTER 5. - Entry into force
Art. 18. The King shall, by deliberate decree in the Council of Ministers, determine the date of entry into force of this Act.
Promulgate this Act, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 July 2013.
PHILIPPE
By the King:
Minister of Average Class, P.M.E. and Independents,
Mrs. S. LARUELLE
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
House of Representatives:
Documents. - 2816
No. 1: Bill
No. 2: Amendment
Number 3: Report
N° 4: Text adopted
No. 5: Text adopted.
Senate:
Document. - S-5-2147
No. 1: Project not referred to by the Senate.