Posted the: 2013-08-14 Numac: 2013011345 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy 17 July 2013. -Act on insertion of Book III 'Freedom of establishment, provision of service and general obligations of companies', in economic law and on the insertion of the book III-specific definitions and enforcement provisions to book III, in the books I and XV of the Code of economic law (1) ALBERT II, King of the Belgians, to all present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -General provision.
Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -The Code of economic law.
2. in book I, Chapter 2, of the Code of economic law, there shall be inserted a chapter 1, worded as follows: "Chapter 1. Book III-specific definitions.
S. I.2. the following definitions are applicable to book III: 1 ° Crossroads Bank for enterprises: registry, created within the federal public Service economy, SMEs, Middle Classes and energy, responsible for missions referred to in article III.15;
2 ° competent authority: any authoritative or instance as control or regulation of the activities of services, including administrative authorities, including courts acting as such, professional associations or other professional bodies which, in the context of their legal autonomy, regulate in a collective manner access to service activities or the exercise;
3 ° provider: any natural person who is a national of a State member or person referred to in article 54 of the TFEU and morality established in a Member State, who offers or provides a service;
4 ° licensing scheme: any procedure which has the effect of requiring a provider or a client to make an approach from a competent authority to obtain a formal act or an implied decision, concerning access to a service activity or to the exercise thereof;
5 ° service: any self-employed economic activity, normally carried out for remuneration, referred to in article 57 of the TFEU;
6 ° establishment: the exercise of an economic activity, referred to in article 49 of the TFEU by the provider for an indefinite period and through a stable infrastructure from which the provision of service is actually carried out;
7 ° customer: any natural person who is a national of a Member State or who benefits from rights conferred upon him by Community acts or an entity referred to in article 54 of the TFEU established in a Member State which, purposes or non-professional, uses, or wishes to use a service;
8 ° regulated profession: an activity or a group of professional activities including access, exercise or one of its modes of pursuit is subject, directly or indirectly, under laws, regulations or administrative provisions, to the possession of specific professional qualifications;
the use of a professional title limited by legislative, regulatory or administrative provisions to holders of a given professional qualification constitutes a modality of exercise;
«9th company craft: the company created by a private person who has an establishment in Belgium unit and usually carries under a contract to provide services, mainly the physical acts, with no delivery of goods or only on a casual basis and which is thus presumed to have the status of craftsman»
10 commercial company °: anyone who has a unit of establishment on Belgian territory and carries commercial qualified acts such as described in the Code of commerce, and is thus presumed to have the status of "trader";
11 non-commercial company ° of law private: any undertaking private law, referred to in article III.16, § 1, 1 °, 3 °, 4 ° or 5 °, which has a unit of establishment in Belgium but who is not the company commercial or artisanal quality.
12 ° requirement: any obligation, prohibition, condition or limit provided for by law, regulation or administrative provisions and/or arising from case-law, administrative practice, the rules of professional bodies, or the collective rules of professional associations or other professional organisations, adopted in the exercise of their legal autonomy;
13 ° Business Desk: organization which is approved in implementation of Book III, title 2, Chapter 3 and who is responsible for public service and general interest missions referred to in this title 2.
14 ° register of commerce: Directory included in the crossroad Bank for enterprises containing data on commercial and artisanal enterprises recorded in the crossroad Bank for enterprises;
15 ° register legal persons: Directory included in the crossroad Bank for enterprises containing data concerning legal persons registered in the crossroad Bank for enterprises;
16 ° establishment unit: place of business, geographically identifiable by an address, where is exercised at least a business activity or from which it is exercised.
S. I.3. the following definitions are applicable to book III, title 1: 1 ° overriding general interest: reasons such as including public order, public security, State security, public health, preservation of the financial balance of the social security system, the protection of consumers, consumers of services and workers, fairness of commercial transactions, the fight against fraud the protection of the environment and the urban environment, the health of animals, intellectual property, the conservation of the national historical and artistic heritage, of the objectives of social policy and cultural policy objectives;
2 ° professional liability insurance: insurance taken out by a provider to cover, to clients and, where applicable, third parties, potential liability for damage resulting from the provision of service;
3 ° the labour law: all legal, regulatory or contractual provisions concerning conditions of work and employment, including the well-being of workers in the performance of their work and organizational structures that are related, and the activities of control and sanctions which thereto and also the relations between the social partners, such as the right to negotiate and conclude collective labour agreements and to apply the right to strike and the right to carry out trade union activities;
4 ° Member State of establishment: the Member State on whose territory the service provider concerned is established;
5 ° right of social security: all legal, regulations and sectoral relating to the collection of contributions and the Organization and the granting of social assistance to which are entitled insured persons who have for purpose to grant, replace or supplement an income professional or not, in order to preserve them from the consequences of the social risks covered by the regulations relating to the liability of employees and self-employed workers and social to the health care and allowances for accidents at work and occupational diseases, to pensions, family benefits, unemployment, annual vacations, allowances for persons with disabilities;
6 federal Coordinator °: the natural person designated within the FPS economy, to be, in the context of administrative cooperation, laid down in articles XV.35 to XV.48, the point of contact between the Commission European and the competent authorities referred to in article I.2.2°.
S. I.4. the following definitions are applicable to book III, title 2: 1 ° company: any entity which is obliged to be registered in the crossroad Bank for enterprises under article III.16;
2 ° service: public service, institution, person or entity to whom are entrusted public missions or general interest in enforcement of Book III, title 2.
3 ° management service: the service within the federal public Service economy, SMEs, Middle Classes and energy, responsible for the management of the Crossroads Bank for enterprises.
4 ° the Minister: the Minister in charge of the Middle Classes.
S. I.5. the following definitions are applicable to book III, title 3, Chapter 2: 1 company °: has) physical persons having the status of trader;
b) commercial companies or commercial form, with the exception of public administrative bodies referred to in article 2 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State, and European economic interest groupings;
c) public bodies exercising a statutory mission to commercial, financial or industrial nature;
(d) non-target organisms, b and c), with or without a legal personality which operate with or without aim of profit commercial, financial or industrial, to which the provisions of this chapter are, by categories of bodies, made applicable by royal decree.
((Natural persons who do not have their domicile in Belgium, foreign law undertakings referred to in b), c) and (d)) 1 paragraph as well as the European economic interest groupings having their seat abroad, are subject to the provisions of this chapter as regards branches and seats of operation that they
established in Belgium. All of their branches and operations in the country seats is considered to be a business. The books, accounts and vouchers relating to those seats and branches are kept in Belgium.
Orders which render the provisions of this chapter applicable to undertakings referred to d) of the first subparagraph, matching the obligations resulting for the undertakings concerned, the provisions of orders taken in execution of Book III, title 3, to require that the particular nature of the activities and the legal status of the undertakings in question. » Art. 3. in book I, Chapter 2, of the Code of economic law, there shall be inserted a chapter 12, as follows: 'chapter 12. Definitions specific to the book XV: art. I.20. the following definitions are applicable to the book XV: 1 ° personal data: information concerning an identified or identifiable individual in accordance with the definition laid down in article 1, § 1, of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data;
2 ° responsible of the treatment: physical or legal person, association of fact or public administration which, alone or jointly with others determines the purposes and means of the processing of personal data;
3 ° processing: any operation or set of operations performed or not by automated means applied to personal data, such as collection, recording, organization, conservation, adaptation or modification, extraction, consultation, use, disclosure by transmission, dissemination or any other form of disposal, the approximation or interconnection, as well as the lock, erasure or destruction of personal data;
federal Coordinator 4th: the natural person designated within the public Service federal economy, to be, in the context of the administrative cooperation referred to in articles XV.35 to XV.48, the point of contact between the European Commission and the Belgian authorities;
5 ° Coordinator alert: the person or persons designated at the federal level who are responsible for providing information of the Member States and the European Commission of circumstances or serious and precise facts in relation to a service activity that could cause serious damage to the health or safety of persons or the environment. » Art. 4. in the same Code Book III is inserted, worded as follows: "Book III. Freedom of establishment, delivery service and general obligations of the companies.
Title 1. Freedom of establishment and provision of services.
Chapter 1. Field of application.
S. III.1. § 1. This title is partially implementing the provisions of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.
2. This title applies to the services, without prejudice to the powers of the communities and regions, with the exception: 1 ° of non-economic services of general interest, including social services not included in the 11 °;
2 ° of financial services;
3 ° of services and electronic as well as resources and services related to what communication networks concerns matters governed by Act of 13 June 2005 on electronic communications;
4 ° of services in the field of transport, including port services, falling within the scope of title VI TFEU;
5 ° the services of notaries appointed by a decision of the public authority;
6 ° the services of bailiffs appointed by a decision of the public authority;
7 ° the services of temporary work agencies;
8 ° of the health care services, whether provided through establishment of care and regardless of the manner in which they are organised and financed or their public nature or private;
9 ° the activities of gambling wagering with monetary value in games of chance, including lotteries, casinos and the conventions betting;
10 ° of the activities involved in the exercise of public authority in accordance with article 51 of the TFEU;
11 ° without prejudice to their qualification in services of general interest not economic under 1 ° or their qualification in services of general economic interest, social services relating to social housing, assistance to children and support to families and persons permanently or temporarily in a situation of need that are provided directly or indirectly by the federal Government;
12 ° of private security services.
§ 2. This title does not apply: 1 ° to the field of taxation;
2 ° to the right to work;
3 ° to the right to social security.
§ 3. If the provisions of this title are in conflict with the legal or regulatory provisions governing specific aspects of access to a service activity or pursuit in specific sectors or for specific professions, transposing Community law, these provisions shall prevail.
Are particularly targeted: 1 ° Act of 5 March 2002 transposing Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and introducing a simplified regime for the conduct of social documents by companies that post workers in Belgium;
2 ° the Act of 30 March 1995 concerning electronic communications networks and electronic communications services and the pursuit of broadcasting activities in the bilingual region of Brussels-capital, in what it transposes Directive 89/552 / EEC of 3 October 1989 on the coordination of certain laws, regulations and administrative action in Member States concerning the pursuit of television broadcasting activities;
3 ° the law of 12 February 2008 on a new general framework for the recognition of professional qualifications CE.
§ 4. This title does not concern rules of private international law, in particular rules governing the law applicable to contractual and non-contractual obligations, including those ensuring that the consumer enjoys the protection that give the consumer protection rules contained in the legislation of consumption in force in their Member State.
5. The present title and, in particular, its provisions relating to the control of the personal data protection rules are implemented and shall apply without prejudice to the rules laid down in Directive 95/46/EC, in Directive 2002/58 / EC, of the law of 8 December 1992 relative to the protection of life private data with respect to the processing of personal data and rules on the protection to personal act of 13 June 2005 on electronic communications and the law of 24 August 2005 to implement certain provisions of the financial services remotely and the directive on privacy and electronic communications directive.
Chapter 2. Freedom of establishment.
Section 1st. Authorisation schemes.
S. III.2. where authorization is required for access to a service activity and the exercise, it must meet the following conditions: 1 ° the licensing scheme is not discriminatory against the claimant referred;
2 ° the need for an authorisation scheme is justified by an overriding reason of general interest;
3 ° the objective pursued cannot be achieved by a less restrictive measure, notably because a post-clearance intervene too late to have a real effectiveness.
1 paragraph does not apply to authorisation which are governed systems, directly or indirectly, by Community law inter alia the authorisation schemes which make access to a regulated profession or pursuit to the possession of specific professional qualifications and specific provisions prescribing requirements reserving an activity to a particular profession.
S. III.3. authorisation schemes established in accordance with article III.2 must be based on criteria which govern the exercise of the discretion of the competent authorities so that it is not used arbitrarily.
These criteria are: 1 ° non-discriminatory;
2 ° justified by an overriding reason of general interest;
3 ° proportional to this objective of general interest;
4 ° clear and unambiguous;
5 ° objectives;
6 ° made public in advance;
7 ° transparent and accessible.
S. III.4. the procedures and formalities for authorization shall be readily accessible and loads that can arise for applicants should be reasonable and proportionate to the cost of the authorisation procedures.
S. III.5. the conditions for granting authorisation for a new establishment may not duplicate requirements and controls equivalent or essentially comparable because of their purpose, to which the provider of services in Belgium or in another Member State is already subject. The federal Coordinator and the provider assist the competent authority by providing the information necessary for these requirements.
III.6. when a provider establishes in Belgium, a professional liability insurance or a
warranty may not be required when this provider is already covered in another Member State in which he has already an establishment, a warranty equivalent or essentially comparable in what is its purpose and the cover it provides in terms of the insured risk, the sum insured or the ceiling of the guarantee and activities possibly excluded from coverage.
Where the coverage is only partial, an additional guarantee to cover elements that are not already covered will be required.
Where professional liability insurance or provision of another form of warranty is imposed to a provider established in Belgium, certificates of coverage issued by credit institutions or insurers whose head office is established in another Member State are admitted as evidence.
S. III.7. an authorization referred to in article III.2 allows the claimant to have access to the service activity or exercise on the whole Belgian territory, including through the creation of agencies, subsidiaries, offices or branches.
Paragraph 1 does not apply: 1 ° where an authorisation for each individual establishment or a limitation of the authorisation to a specific part of the national territory is justified by an overriding reason of general interest;
2 ° authorisations issued by regional authorities, community, provincial or municipal.
S. III.8. any application for authorization made subject to an acknowledgement of receipt within 10 working days.
The acknowledgement indicates: 1 ° the date on which the request was received;
2 ° the period within which the decision must intervene;
3 ° routes of appeal, the competent bodies to learn as well as the forms and deadlines;
4 ° if applicable, mention that in the absence of response within the prescribed period, the authorization shall be deemed to be granted.
In the event of incomplete application, the applicant is informed within ten working days of the need to provide additional documents, the time available to it to do so as well as effects on the period referred to in paragraph 2.
In the event of rejection of an application on the grounds that it does not respect the procedures and formalities, the applicant is informed as soon as possible.
S. III.9. the competent authority grants permission once an appropriate examination has established that the conditions for approval are met.
If no period is provided by the regulation for the period at the end of which the decision on the application for authorization must be made, it is made no later than thirty days from the date of the acknowledgement of receipt or, if the record is incomplete, from the date on which the applicant has provided the required additional documents.
When justified by the complexity of the case, the period may be extended only once and for a limited time. The extension and its duration shall be notified to the applicant before the expiration of the unextended time limit.
Without prejudice to statutory or regulatory individuals justified by an overriding reason of general interest, in the absence of a response within the period specified by the Act or the regulations, permission is deemed granted.
S. III.10 § 1. An authorisation granted to a provider has an unlimited duration with the exception of the following cases: 1 ° the authorization subject to automatic renewal;
2 ° authorization is subject only to the continued fulfilment of requirements;
3 ° the number of available authorisations is limited by an overriding reason of general interest;
4 ° a limited period of authorisation is justified by an overriding reason of general interest.
2. Paragraph 1 is without prejudice to the possibility of withdrawing an authorization when the conditions cease to be fulfilled.
§ 3. Paragraph 1 does not the maximum period before the end of which the provider must actually begin its activity after having been authorized.
S. III.11. where the number of authorisations available for a given activity is limited because of scarcity of natural resources or usable technical capacity, a procedure for selection between potential candidates is applied. This procedure provides all guarantees of impartiality and transparency, including adequate advertising of the opening of the procedure, its conduct and its closing.
In the case referred to in paragraph 1, the authorization shall be granted for an appropriate limited period and must not be the subject of a procedure for automatic renewal, nor provide any benefit to the provider whose authorisation has just expired or persons having special with said provider links.
The rules for the selection procedure can take account of considerations related to public health, objectives of social policy, health and safety of employees or self-employed persons, the protection of the environment, the preservation of cultural heritage and other overriding reasons of general interest.
Section 2. Other requirements.
S. III.12. § 1.
Access to a service activity or the exercise in Belgium cannot be subordinated to any of the following requirements: 1 ° discriminatory requirements based directly or indirectly on nationality or, with regard to companies, the location of the registered office, in particular: a) the nationality requirements for the provider, his staff, persons holding capital or members of the organs of management or supervision of the claimant;
b) the requirement of being resident on Belgian territory for the provider, his staff, persons holding capital or members of the management or supervision of the company bodies;
2 ° the prohibition on having an establishment in more than one Member State or to be registered in registers or orders or professional associations from more of a Member State;
3 ° the limits to the freedom of a provider to choose between a principal or secondary, in particular institution the obligation on the provider to have his principal establishment in their territory, or limitations to the freedom to choose between establishment in the form of Agency, branch or subsidiary;
4 ° the conditions of reciprocity with the Member State where the provider already has an establishment, with the exception of those provided for in Community instruments on energy;
5 ° the application to case-by-case of a consisting of economic test to make the grant of authorisation to the proof of the existence of an economic need or a request for the market, to assess the economic effects potential or current activity or to assess the adequacy of the activity with the economic planning objectives set by the competent authority;
6 ° the intervention directly or indirectly competing operators, including within consultative bodies, in the granting of authorisations or in the adoption of other decisions of the competent authorities, with the exception of orders and associations professionals or other organisations acting as the competent authority; This prohibition applies neither to the consultation of organisations such as chambers of commerce or social partners on matters other than individual applications nor a public consultation;
7 ° the obligation to establish or participate in a financial guarantee or insurance with a provider or body established on Belgian territory. This is without prejudice to the possibility of requiring insurance coverage or financial guarantees as such and does not impair the requirements relating to the participation in a collective compensation fund, for instance for members of professional orders or organizations;
8 ° the obligation to have been pre-registered, for a given period, in the registers held in Belgium or to have previously exercised the activity for a period of time in Belgium.
§ 2. The prohibition laid down in paragraph 1, 5 ° is not programming requirements which are the objectives of an economic nature but are compelling reasons of general interest.
Chapter 3. Freedom to provide service.
S. III.13. § 1.
Access to a service activity or pursuit may be subject to requirements that: 1 ° are discriminatory, and rely directly or indirectly on nationality or, with regard to companies, the location of the registered office;
2 ° are not justified by reasons of public order, public security, public health or environmental protection;
3 ° are not suitable for securing the attainment of the objective pursued and go beyond what is necessary to achieve this goal.
§ 2. Free delivery, on Belgian territory, the services provided by a provider established in another Member State cannot be restricted by any of the following requirements: a) the obligation on the provider to have an establishment in Belgium;
(b) an obligation on the provider to obtain an authorization from the competent Belgian authority, including an inscription in a register or from an order or a professional association exists in Belgium, except in cases covered by this title or governed by Community law;
(c) the prohibition for the claimant to establish in Belgium of a form or a type of infrastructure, including an office or a law firm, the provider needs to supply the services in question;
(d) the application of a special contractual arrangements between the provider and the client that prevents or limits the provision of service in an independent capacity;
e) an obligation on the provider to possess an identity document specific to the exercise of an activity of service issued by the competent authority of Belgium;
f) requirements affecting the use of equipment and material which are an integral part of the provision of the service, with the exception of those necessary for health and safety at work;
(g) restrictions on the freedom to provide services referred to in article III.80).
S. III.14. article III.13 does not apply: 1 ° to services of general economic interest;
2 ° matters covered by the Act of 5 March 2002 transposing directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and introducing a simplified regime for the conduct of social documents, by companies that post workers in Belgium, and according to the rules determined by the law of 5 March 2002;
3 ° matters covered by part II, Book III, title Ierbis, chapter I of the Judicial Code;
4 ° to the activity of judicial recovery of debts;
5 ° matters covered by the Act of 12 February 2008 on a new general framework for the recognition of professional qualifications EC and the specific provisions prescribing requirements reserving an activity to a particular profession;
6 ° matters covered by Regulation (EEC) No 1408/71 of 14 June 1971 on the application of the social security schemes to employed persons, to self-employed workers of the Council of the European communities as well as to members of their families moving within the community;
7 ° matters covered by articles 40 to 47 of the Act of 15 December 1980 on access to the territory, residence, establishment and expulsion of foreigners as well as articles 43 to 57 of the royal decree of 8 October 1981 on access to the territory, residence, establishment and removal of foreigners.
8 ° with regard to the nationals of third countries who move in Belgium the provision of service, to the Faculty of the competent authorities to require a visa or a residence permit for nationals of third countries who are not covered by the system of mutual recognition provided for in article 21 of the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of controls at their common borders , or the ability of the competent authorities to impose on nationals of third countries to come forward with them at the time of their entry into the territory or subsequently;
9 ° in relation to the shipment of waste, matters covered by Regulation (EEC) No 259/93 of the Council of 1 February 1993 on supervision and control of shipments of waste at the entrance and exit of the European Community;
10 ° in copyright and neighbouring rights, of rights to topographies of semiconductor products, sui generis database rights, industrial property rights;
11 ° to the acts for which the law requires the involvement of a notary;
12 ° matters covered by the royal decree of 21 April 2007 transposing provisions of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Directives 78/660 / EEC and 83/349/EEC of the Council and repealing Council Directive 84/253 / EEC of the Council;
13 ° matters covered by articles 132, 133 and 134 of the Code of corporations.
14 ° to the registration of the supported vehicles leased in another Member State.
Title 2. Crossroads Bank for enterprises and ATMs of enterprises approved.
Chapter 1. Crossroads Bank for enterprises.
Section 1st. Creation of the Crossroads Bank of enterprises art. III.15. it is created a registry, referred to as the "Crossroads Bank for enterprises.
This registry associated with the introduction of the single business number is objective, in application of the principle of single data collection, enable to simplify administrative procedures aimed at businesses as well as to contribute to the more efficient organization of public services.
The Crossroads Bank for enterprises is responsible for recording, backup, management and provision of information on identification companies and their representatives in accordance with the provisions of this title as well as the laws or regulations that allow the original seizure data referred to in article III.18 by authorities, administrations and services designated pursuant to article III.19.
The Crossroads Bank for enterprises also aims to optimize the transmission and dissemination of data relating to companies.
To this end, it may in particular: 1 ° create links to websites and databases of the authorities, administrations and services;
2 ° establish links to websites with information relating to the identification of companies and their agents, including links to Web sites of companies registered at the Crossroads Bank for enterprises.
The King determines, by Decree deliberated in the Council of Ministers, the modalities according to which the crossroad Bank for enterprises is made available as part of the fight against fraud, in accordance with the provisions of this title and the legal and regulatory provisions which allow the initial collection of data referred to in article III.18 by authorities, Government and services designated pursuant to article III.19.
S. III.16. § 1. Are listed in the Crossroads Bank for enterprises, information: 1 ° to legal persons governed by Belgian law;
2 ° to the institutions, agencies and services under Belgian law which perform missions of general interest or public order-related and who have financial and accounting autonomy separate from the legal person of public law Belgian, which they fall;
3 ° to legal persons of foreign or international law which have a seat in Belgium or who must register in performance of an obligation imposed by the Belgian legislation;
4 ° any person who as an autonomous entity: has) exerts economic and professional activity in Belgium, as usual, principal or complementary.
(b) or must be registered in performance of an obligation imposed by the Belgian legislation other than that covered by this title;
5 ° to associations without legal personality which must register in performance of an obligation imposed by the Belgian legislation other than that covered by this title;
6 ° to the establishment of the companies mentioned above units.
§ 2. For the purposes of paragraph 1, including exercises an economic activity and professional as usual, any company which, in Belgium: 1 ° either is subject to social security as an employer;
2 ° either is subject to value added tax.
§ 3. For registration at the Crossroads Bank of enterprises, individuals and associations referred to in paragraph 1, 1 °, 3 °, 4 ° and 5 °, modalities will be determined by the King.
Section 2. Registration in the Crossroads Bank for enterprises.
S. III.17. any company or establishment unit referred to in article III.16 is registered in the Crossroads Bank for enterprises, and was awarded a business or establishment unit number when registering.
This number is the unique identification number.
S. III.18. § 1.
Registration under article III.17 contains the following data: 1 ° the name, the name or business name;
2 ° the designation specifies different addresses, if applicable, the headquarters of the company and the different units of establishment in Belgium;
3 ° the legal form;
(4) the legal situation;
5 ° the date of creation and the date of termination of the undertaking or the establishment unit;
6 ° the identification data of the founders, agents and officers;
7 ° the economic activities carried on by the enterprise;
8 ° the other data identification of base that must be provided at the time of the creation of the Corporation or in application of Chapter 2;
9 ° the reference to authorizations, licences, approvals, available to the company or the qualities for which the latter is known from different authorities, administrations and services and, where appropriate, the tracking of requests y;
10 ° where appropriate, the reference to the website of the company, its number of telephone, fax and e-mail address;
11 ° data relating to the (x) account (s) Bank (s) of the company.
§ 2. The King may, after receiving the opinion of the Supervisory Committee referred to in article III.44 and by Decree deliberated in the Council of Ministers, complement the data listed in paragraph 1 by other data necessary for the identification of enterprises or of common interest to several utilities.
§ 3. Any changes to the data referred to in paragraphs 1 and 2 is mentioned in the Crossroads Bank for enterprises, without delay, with an indication of the date of effect and the services which it emanates.
§ 4. These records are retained for 30 years from the day of the loss of personality
legal for legal persons or the final cessation of activity for other holders of registration referred to in article III.16.
S. III.19. the King shall designate, by Decree deliberated in the Council of Ministers, to the authorities, administrations and services who are responsible with regard to the categories of companies that it determines and according to the functional distribution fixed, unique collection and the maintenance of the data referred to in article III.18.
In the course of this mission, the authorities, administrations and services are subject to the legal and regulatory provisions to the original collection of the data referred to in article III.18.
Art.III.20. for the performance of its tasks, such as defined in this title and as well as in its orders of execution, the Crossroads Bank for enterprises and the authorities, administrations and services referred to in article III.19, paragraph 1: 1 ° have access to the information referred to in article 3, paragraph 1, 1 ° to 9 °, and paragraph 2 of the law of 8 August 1983 organising a national register of natural persons;
2 ° can use the identification number of the national register.
Art III.21. The fixed King, by Decree deliberated in the Council of Ministers, terms and the nature of entries and modifications, which can directly be communicated in electronic form secured by the undertakings referred to in article III.16 in the Crossroads Bank for enterprises.
Section 3. Attribution and use of enterprise and establishment unit numbers numbers.
S. III.22. the business number and the establishment unit number assigned at the time of registration in the crossroad Bank for enterprises are, immediately after they are granted, provided to the company by the authorities, administrations and services designated pursuant to article III.19, paragraph 1.
The King fixed the attribution rules, the terms of issuance as well as the composition of the business number and of the establishment unit number.
III.23. the use of the business number is mandatory in relationships that companies have with the administrative and judicial authorities, as well as the relationships that these authorities have between them.
Authorities, administrations and services designated pursuant to article III.19, paragraph 1, take the necessary measures so that business and establishment unit number constitute, for the purpose of applying the unique data collection, a key giving access both to the data included in the crossroad Bank for enterprises to those listed in the directories and files that they manage, without prejudice to the legal and regulatory provisions governing access to these data.
S. III.24. for commercial and artisanal enterprises, is assigned business function number or CAS registry number trade or registration as an artisan.
S. III.25. all acts, invoices, announcements, communications, letters, orders and other parts from commercial or craft enterprises must always mention the business number.
These documents must also mention the domicile and the number of at least an account that the company holds with a credit institution established in Belgium, other than a municipal savings bank, governed by the law of 22 March 1993 on the status and control of credit institutions.
Buildings and stalls used for the exercise of commercial or artisanal activity, as well as the means of transport used primarily in the context of the exercise of an activity of peddling, or, with respect to employers, as part of an activity for construction of building or engineering civil or cleaning the Interior of buildings, bearing in a way similar the business number.
The King peut, by Decree deliberated in the Council of Ministers, modify the activities referred to in paragraph 3 for which the means of transport used bearing in a way effective business number.
S. III.26. § 1.
Any feat usher notified at the request of an undertaking commercial or artisanal will always mention the business number.
In the absence of an indication of the business number on the usher feat, the tribunal will allow a discount to the commercial or artisanal undertaking to prove his registration at the Crossroads Bank for enterprises at the date of the commencement of the action.
In the case where the undertaking commercial or artisanal does not prove its inclusion in this capacity to the Crossroads Bank for enterprises at the date of the commencement of its action within the time assigned by the Court or if it turns out that the company is not registered at the Crossroads Bank for enterprises, the tribunal declares ex officio action by the company commercial or artisanal UNRECEIVABLE.
§ 2. In the case where the undertaking commercial or artisanal is registered as such at the Crossroads Bank for enterprises, but that its action, counterclaim or response, introduced by way of motion, conclusions or to exploit bailiff, is based on an activity for which the company is not registered on the date of the commencement of this action or which does not fall under the social object for which the company is listed on this date the action of this company is non-responsive. However, estoppel is covered if it is not available before any other exception or defence.
III.27. legal proceedings declared inadmissible under article III.26 interrupt the prescription as well as timeframes determined under penalty of nullity.
S. III.28. the King may, by deliberate order in Council of Ministers, extend the obligations referred to in articles III.25 and III.26 to other categories of companies registered in the Crossroads Bank for enterprises.
Section 4. Access and use of the data contained in the Crossroads Bank for enterprises.
III.29. § 1. Access to the following data, in the crossroad Bank for enterprises, can be granted, without prior permission of the Monitoring Committee, to the authorities, administrations, services or other bodies insofar as these data are necessary for the performance of their statutory or regulatory tasks: 1 ° the enterprise and establishment unit numbers assigned by the Crossroads Bank for enterprises;
2 ° the name of the company and its units of establishment;
3 ° the legal form of the company;
(4) the legal situation of the undertaking;
5 ° the addresses of the company and its units of establishment;
6 ° the economic activities of the company and its units of establishment;
7 ° the qualifications under which a business is registered in the Crossroads Bank for enterprises and, where appropriate, the follow-up of requests y;
8 ° the name and surname of the founders and persons exercising a function subject to advertising; within the enterprise
9 ° the approvals, permissions or licences available to the company, provided that they are subject to provisions of mandatory disclosure or that they have an interest for others, and, where applicable, the tracking of requests y;
10 ° the reference to the website of the company, its telephone numbers, fax and e-mail address;
11 ° all data submitted to advertising implementation arrangements: a) of the Code of corporations.
(b) of the Act of June 27, 1921 on non-profit, international non-profit associations and foundations associations;
(c) of the Act of 12 July 1989 introducing various measures for the application of Regulation (EEC) No 2137/85 of the Council of 25 July 1985 on the establishment of a European economic interest grouping;
(d) the judicial administration Act of 17 July 1997);
(e) Act of January 31, 2009 on the continuity of enterprises);
(f) the law of 8 August 1997 on bankruptcy);
(g) Act of 27 October 2006 on control of institutions for occupational retirement provision;
12 ° the data that must be provided by commercial and craft enterprises in implementing article III.53, with the exception of the number of national register or the Crossroads Bank for social security identification number;
13 ° the data relating to the (x) account (s) Bank (s).
2. The King determines the terms and conditions of access by order deliberated in Council of Ministers and after receiving the opinion of the Supervisory Committee referred to in article III.44.
S. III.30. § 1 access to data other than those listed in article III.29, included in the Crossroads Bank for enterprises, may be granted, on the authorisation of the Committee monitoring authorities, administrations, services or other proceedings, insofar as these data are necessary for the performance of their statutory or regulatory missions.
§ 2. Before giving approval, the Supervisory Committee verifies if the access is consistent with this title as well as to its execution orders.
§ 3. The King determines the terms and conditions of access by order deliberated in Council of Ministers and after receiving the opinion of the Supervisory Committee referred to in article III.44.
4. The King determines by order deliberated in Council of Ministers and after receiving the opinion of the Supervisory Committee, the case where, by way of derogation from paragraph 1, authorisation of the Supervisory Board is not required.
§ 5. The exchanges between public, data services other than those listed in the Crossroads Bank for enterprises, via the business number or establishment unit number, are previously communicated to the Supervisory Board that lists
in a cadastre, which may be consulted by any interested person.
The King determines, after the opinion of the Supervisory Committee, the terms constitution and consultation of the cadastre as well as the arrangements for reporting to the Supervisory Committee.
S. III.31. any natural person, legal entity or entity has Internet access to data referred to in article III.29, § 1, listed in the Crossroads Bank for enterprises.
It is the least expected a free access internet site, on which these data can be found in a readable format.
The King determines so accessible data and their modalities of consultation.
S. III.32. any company has the right to obtain communication of the data that are saved in the Crossroads Bank for enterprises. If the data communicated in accordance with the legislation in force in this area prove inaccurate, incomplete or inaccurate, the holder of the registration at the Crossroads Bank for enterprises may request rectification of such data in the forms and deadlines set by the King.
S. III.33. without prejudice to the provisions of articles III.29 and III.30, the King fixed, after receiving the opinion of the Supervisory Committee, the Crossroads Bank for enterprises data that may or may not be the subject of a commercial reuse commercial as well as the terms and conditions of their provision.
Only the management service may issue these database companies.
III.34. § 1. Without prejudice to article III.33, anyone can read the data from the commercial register concerning a trade or craft undertaking determined, with one-stop business and obtain copy or extract full- or part-time, in the conditions laid down by the King.
§ 2. Copies or extracts from the register of commerce are certified compliant upon express request.
§ 3. Copies or extracts do not mention the content of judicial decisions regarding: 1 ° to a bankruptcy and one of the convictions referred to in articles 486, 489bis and 489ter of the Criminal Code, in the case of rehabilitation;
2 ° to a judicial administration after its execution or a judicial reorganisation after its execution;
3 ° to a ban or the appointment of a judicial Council after judgment of release;
4 ° to sentences set out in articles XV.76, XV.77, 1 ° to 6 °, XV.78 and XV.79.
Art.III.35. the data included on extracts of the Crossroads Bank for enterprises have probative force until evidence to the contrary.
Section 5. Realization of the principle of the unique collection of data.
III.36. authorities, administrations and services who are entitled to consult data from the Crossroads Bank for enterprises, can no longer claim directly these data to the undertakings referred to article III.16 or the agents of the latter.
S. III.37. as soon as data is communicated to and stored in the Crossroads Bank for enterprises, entitled services to consult these data cannot, if these data do their are not communicated directly attribute any blame to the person concerned.
Section 6. Registration, amendment or cancellation of erroneous or missing data.
S. III.38. § 1. Any person may request from the management service, the rectification of incorrect data or the inclusion of missing data in the Crossroads Bank for enterprises. In support of this application, it communicates any exhibit.
The company that has not completed the formalities with which it is held by or pursuant to a law, a decree or an order may apply directly to the management service for the rectification or the registration referred to in paragraph 1.
§ 2. All the services that have access to data from the Crossroads Bank for enterprises shall, as soon as they find an erroneous data or the absence of data in the crossroad Bank for enterprises to inform the management service.
They communicate this information supporting any exhibit.
§ 3. Local police or federal police officers and instructed by a service, authority or administration, officials are obliged, when they write an investigation report or shall draw up a report noting erroneous or missing data in the Crossroads Bank for enterprises, to transmit a copy to the management of the Crossroads Bank for enterprises service.
S. III.39. where the management service finds that the erroneous data or the absence of data is an error or omission on the service that initiates this data, it communicates to the request for the adaptation.
After verification, the service makes possible adaptation within a period of thirty days from the date of receipt of the request.
Art.III.40. § 1. When the erroneous data or the absence of the data is the result of failure to perform by a company of the formalities to which it is held by or under a law, a decree or an order, the management service prompt the company to proceed with the registration, modification or cancellation of his data to the Department designated in the mail by the management service, mail.
The company has a period of thirty days after sending the mail to proceed with the service y designated registration, amendment or requested cancellation.
§ 2. Failing for the company have complied with within the time limit, the management service shall enter the deletion of erroneous data office. This radiation is carried out based on a judgment or stop, a report of investigation or a report prepared by a local police or federal police officer, or an official appointed by a service, authority or an authority noting the erroneous character of the data.
§ 3. When management service shall enter the deletion in the crossroad Bank for enterprises of data which must be the subject of a publication in the annexes of the Moniteur belge, the radiation is published free of charge in the appendices of the Moniteur belge at the request of the management service.
§ 4. The procedure for cancellation of data office provides any company to carry out the legal formalities entrusted to him.
The management service cannot be held liable for damage caused to third parties due to the breach by the company of the legal formalities that shall be borne by the latter.
§ 5. In order to ensure and improve the quality of data from the Crossroads Bank for enterprises, the King may, by deliberate order in Council of Ministers, fix the terms and conditions change or registration office.
S. III.41. § 1. When the erroneous data results that the company has changed the address of its seat without the formalities prescribed by law, management service sends the e-mail referred to in article III.40 § 1, paragraph 1, to the address of one of its units of establishment when it is separate from the seat or, failing that, to the address of an agent.
The procedure described in article III.40 applies.
2. When it proves impossible to contact the company, as provided for in paragraph 1, the management service is, unless it is the address of a business individual in the radiation of the incorrect address as recorded in the crossroad Bank for enterprises office. This radiation is carried out on the basis of a judgment or decision, a report of investigation or a report prepared by a local police or federal police officer, or an official appointed by a service, authority or administration, which notes the erroneous character of the data.
When the data expunged in the crossroad Bank for enterprises by the management service should be the subject of a publication in the annexes of the Moniteur belge, radiation is published free of charge in the appendices of the Moniteur belge at the request of the management service.
§ 3. The procedure for cancellation of data office provides any company to carry out the legal formalities entrusted to him.
The management service cannot be held liable for damage caused to third parties due to the breach by the company of the legal formalities that shall be borne by the latter.
S. III.42. § 1. By way of derogation from the procedure laid down in article III.39 the Crossroads Bank for enterprises management service may proceed without fees: 1 ° for write-off of office activities, qualities, authorizations and OUs establishment of business persons, whose founder died, according to data from the national register of natural persons, at least six months;
2 ° to the cancellation of agency activities, qualities, permissions and units of establishment of business entities including completion of liquidation has been pronounced for at least three months;
3 ° to cancellation of agency activities, qualities, authorizations and OUs establishment of enterprises legal person when, for at least three months, the closure of bankruptcy has been pronounced in accordance with the law of 8 August 1997 on bankruptcy.
4 ° to radiation of the corporate office, as referred to in article 2 of the Code of corporations, which, according to data of the National Bank of Belgium, have not respected the obligation of filing of their annual in accordance with articles 98 and 100 of the Code of corporations and accounts, for at least 3 consecutive accounting periods. This radiation is not applicable for the companies referred to in article 97 of the Code of corporations. The management service shall withdraw of radiation after the deposit at the National Bank of Belgium from unregistered accounts;
5 ° to radiation of the corporate office, as referred to in article 2 of the Code of corporations that are not covered by the 4th, and that meet the following cumulative criteria: has) they do have, since at least three years, or qualities, activities, or units of active establishment listed in the crossroad Bank for enterprises;
(b) they are listed in the crossroad Bank for enterprises as having active status;
(c) they have no authorization or quality, current requests, in the crossroad Bank for enterprises;
(d) they did, for 7 years, no amendment to the particulars entered in the crossroad Bank for enterprises;
(e) they did, for 7 years, no publication, other than the annual accounts, in the Annexes of the Moniteur belge or in the Moniteur belge.
For the purposes of paragraph 1, 5 °, the qualities, activities or units of active commercial establishment whose start dates are earlier than July 1, 2003 are not a useful criterion.
The Crossroads Bank for enterprises management service shall withdraw from radiation when one of the criteria referred to in paragraph 1, 5 °, has) to e), is more populated.
The Crossroads Bank for enterprises management service is also the withdrawal of radiation in the event of manifest error found by an administration or service.
§ 2. Radiation and the withdrawals referred to in paragraph 1, 1st subparagraph, 4 ° and 5 °, and paragraphs 3 and 4, are published free of charge in the appendices of the Moniteur belge at the initiative of the service's management of the Crossroads Bank for enterprises.
§ 3. In order to ensure and improve the quality of data in the Crossroads Bank for enterprises, the King may, by Decree deliberated in the Council of Ministers, extend or modify as provided in paragraph 1.
Section 7. Special provisions concerning the operation of the Crossroads Bank for enterprises.
S. III.43. it is created, to the federal public Service economy, SMEs, Middle Classes and energy, a strategic Committee of the Crossroads Bank for enterprises.
The King sets, by Decree deliberated in the Council of Ministers, its missions, its composition and its modalities of operation.
S. III.44. There is created within the Commission for the protection of privacy, a sectoral Committee for the crossroad Bank of companies, referred to as "Supervisory Committee", responsible for issuing the authorization referred to in article III.30, paragraph 2. "
The Monitoring Committee also makes the notices referred to in articles III.18, § 2, III.30, paragraph 3, and III.33 within 30 days of referral by the management service. In the absence of opinion within the prescribed period, the notice is deemed to follow the proposal made in the request for an opinion by the management service.
The Supervisory Committee consists of three members of the Commission for the Protection of privacy, including the Chairman, or another member designated as such by the Commission, who chairs the Supervisory Board, as well as three external members appointed by the House of representatives, in accordance with the conditions and in the manner determined by the King , by Decree deliberated in the Council of Ministers.
In the event of parity of votes, the vote of the president is dominating.
The modalities of the Supervisory Committee are determined, without prejudice of this title, by or under the Act.
These terms enshrine the right of the president of the Supervisory Committee referred to the Commission for the Protection of privacy itself a dossier submitted to the Supervisory Committee by reforming, as appropriate, the decision that the latter.
S. III.45. persons who, in the exercise of their duties, are involved in the registration, conservation, operation and communication of the data referred to in article III.18 are held to professional secrecy.
They take every precaution useful in order to ensure the security of the stored data and prevent inter alia that these data are distorted, damaged or communicated to persons who do not have the authorization to become acquainted.
They shall ensure the regularity of the transmission of the data.
S. III.46. the King shall, by Decree deliberated in the Council of Ministers, persons who, in time of war, in circumstances y assimilated under section 7 of the Act of May 12, 1927, on the military requisitions or during the occupation of the territory by the enemy, are responsible for destroying the databases of the Crossroads Bank for enterprises.
The King sets the terms and conditions of this destruction.
Art III.47. The costs of operation and use of the Crossroads Bank for enterprises are supported by a provision to the budget of the federal public Service economy, SMEs, Middle Classes and energy.
The King may establish a fee for the use of the Crossroads Bank for enterprises by services not covered by the federal authority. Where appropriate, it fixed by user category and subject of the request, the amount of the fee.
The specific treatment of data from the Crossroads Bank for enterprises, except in the cases referred to in paragraph 1, may give rise to the perception of a contribution. The amount of this contribution is determined by mutual agreement between the management service and the authority, administration or service to which the data are communicated and is fixed in a contract.
S. III.48. § 1. Without prejudice to article III.47, it is created with the public Service federal economy, SMEs, Middle Classes and energy a "Fund budgetary Banque-Carrefour des Entreprises" hereinafter referred to as 'the Fund'.
This Fund is an organic budget funds within the meaning of article 45 of the laws on the State accounting, coordinated on July 17, 1991.
§ 2. The Fund is intended for the development of the Crossroads Bank for enterprises as well as to the improvement and optimization of its operation and its use.
§ 3. Revenues credited to the Fund and the expenses that can be performed at its expense, are mentioned in said Fund for the table annexed to the Act of 27 December 1990 creating budgetary funds.
§ 4. The Fund is managed according to the rules laid down by the Minister who has the economy in charge.
Chapter 2. Registration of non-commercial private law, artisanal and commercial companies.
Section 1st. Registration requirements.
S. III.49. § 1.
Before starting their activities, business, craft and non-commercial private law are required to be registered at the Crossroads Bank for enterprises, respectively company commercial, artisanal and commercial private law, with the undertakings of their choice window.
This obligation is applicable both at the time of the creation of the company as at the time of the creation of a new establishment unit.
§ 2. Registration at the Crossroads Bank for enterprises, commercial or artisanal company is worth, unless evidence to the contrary, presumption of quality tradesman or craftsman, according to the nature of the registration.
§ 3. By way of derogation from paragraph 1, partnership associates and partners must not, while shopping, be registered at the Crossroads Bank for enterprises of separately.
§ 4. By way of derogation from paragraph 1, are not required to register as a non-commercial enterprise under private law: a) natural persons who are registered at the Crossroads Bank for enterprises that in their single as an employer of domestic staff;
(b) professional associations;
(c) associations of co-owners;
(d) the representative organizations of workers);
e) companies of foreign or international law do not activity in Belgium but which must nevertheless register in performance of an obligation imposed by the Belgian legislation;
(f) the VAT units).
(g) the associations without legal personality;
h) non-profit associations;
(i) the organizing authorities of subsidized education).
S. III.50. § 1.
The King fixed the amount of the registration fee to the Crossroads Bank for enterprises, as a commercial, craft or non-commercial private law company.
It can draw a distinction on the basis of the legal nature of the company.
Thus fixed amounts can be adapted to the 1 January to the rate of the average index of prices to the consumer provided that the indexed amount is higher than 0.5 EUR compared to the amount applicable. The amount of the increase is rounded down to a multiple of 0.5 euros.
Section 2. Obligation to change.
S. III.51. § 1. Notwithstanding the provisions of paragraph 2, commercial, artisanal, and non-commercial private law which they intend to exercise one activity other than that for which they have registered businesses prompting a change of registration in the Crossroads Bank for enterprises. This obligation applies in the same way for businesses commercial, artisanal and commercial private law who have the intention to form a new unit of establishment in Belgium.
When a new activity is the result of the assignment of the activity of a business, whether profit or not, inter vivos or following death, such undertakings must, by way of derogation from paragraph 1, proceed to the amendment within a period of one month from the transfer or acceptance of the succession.
§ 2. Within a period of one month of the change in their situation, business, craft and non-commercial private law must request a change in their registration at the Crossroads Bank for enterprises if one of the registration entries laid down by the King in accordance with article III.53 no longer corresponds to the real situation.
Section 3. Obligation of radiation.
S. III.52. in cases of termination of activities or closure of establishment units, commercial, craft or non-commercial private law company, or his successors seeks the cancellation of the registration within a period of one month after the cessation of activities.
When the cessation, referred to in paragraph 1, stems from the assignment of the activity of a company, whether profit or not, inter vivos or following death, cancellation must be made within a period of one month from the sale or the acceptance of the succession.
Section 4. Provisions common to the registration, modification or cancellation.
S. III.53. request registration, change or cancellation is done by the company commercial, artisanal or non commercial of private law, i.e. natural persons subject to registration or by the representatives, with capacity to this effect, the undertaking subject to registration.
The request is carried out according to the procedures laid down by the King.
The King fixed the data registration, change or cancellation request must contain.
S. III.54. teller of enterprises are required to immediately perform registration, cancellation or modification which them is requested.
III.55. teller of companies must refuse any application, modification or cancellation and justify the means: 1 ° when they find that the request emanates from a person who has not submitted, or who is not entitled to make the request;
2 ° in case of omission of any of the documents or data that must contain the application in accordance with article III.53 and its implementing decrees;
3 ° if it is not met prior registration requirements imposed by this title and its orders execution or under other legislation including the control is entrusted to these wickets.
S. III.56. refusal of registration, change or cancellation to the Crossroads Bank for enterprises is deemed final unless the applicant does not introduce a new application that satisfies the conditions or an appeal with the Council of establishment within 30 working days from the date of the refusal of registration.
S. III.57. teller of companies provide to the company, under the conditions laid down by the King, at his request, a full extract of registration in the Crossroads Bank for enterprises, mentioning the date of the issuance of the extract.
The first excerpt on registration, change or cancellation is provided free to the company.
Chapter 3. Organization of the wickets of companies.
Section 1st. Building and the counters of business tasks.
S. III.58. no person shall without approval preliminary and written of the Minister exercise the activity of Business Desk.
S. III.59. § 1. Without prejudice to the tasks entrusted to them by or in pursuance of this book or other laws, the counters of companies meet the following missions: 1 °, via their infrastructure, to enable providers: has) to complete the procedures and formalities necessary for access to the profession of their activities such as referred to in articles 1 and 2 of the services directive in particular all declarations, notifications or applications necessary for authorisation from the competent authorities, including applications for registration in the registers, roles, data bases or of an order or of a professional association;
(b)) to perform authorization requests that are necessary for the exercise of the activities of services, as covered by the services directive;
2 ° include commercial and small-scale enterprises and non-commercial undertakings under private law, in these qualities, in the crossroad Bank for enterprises;
3 ° check in the cases laid down by the King if commercial and artisanal enterprises and commercial companies under private law meet the registration requirements under the laws and special regulations;
4 ° ensuring access to data on the markings referred in 2 °, under the terms and conditions laid down by the King;
5 ° maintain records pertaining to the conditions and inscriptions referred in 2 ° and 3 °, in the manner established by the King;
6 ° carry out administrative formalities, in pursuance of this book or other legislation, or under them, according to the procedures laid down by the King;
7 ° ensure that the providers and clients receive for services activities referred to in paragraph 1, 1 °, a) and b), the following information: a) requirements applicable to providers, in particular those concerning the procedures and formalities for accessing service activities and exercising them.
b) the contact details of the competent authorities to get in touch directly with them, including those of the competent authorities in the exercise of service activities;
c) the means and the conditions of access to registers and public databases on providers and services;
(d) the means of redress normally available in the event of dispute between the competent authorities and the provider or the client, or between a provider and a client, or between providers;
(e) the contact details of associations or organisations, other than the competent authorities, from which providers or clients are likely to obtain practical assistance;
8 ° collect on behalf of Treasury rights registration and registration, fees, publication costs, relating to the tasks referred to in this article, according to the terms and conditions laid down by the King.
(9 ° give to legal persons and natural persons seeking to be registered in the Crossroads Bank for enterprises, the following information: a) any natural person who operates in Belgium a professional independent Chief of which it must be affiliated with a social for self-employed Insurance Fund must join no later than the day of the beginning of independent activity;
(b) in the case of non-compliance, an administrative fine is imposed pursuant to section 17A of the order royal No. 38 of 27 July 1967 organizing the social status of self-employed persons;
(c) legal persons are jointly and severally liable for payment of the administrative fine imposed on their partners or agents;
(d) the independent worker who carries out an independent activity for which it is not registered in the Crossroads Bank companies, in accordance with articles III.17 III.49 or III.51, can be punished under articles III.40 XV.77, 1 °, 2 °, 3 ° and 6 ° or XV.78, as well as article 17bis, of the royal decree No. 38 of 27 July 1967 organizing the social status of self-employed persons.
The Business Desk reacts within a period of five working days, from the moment the information is available, to any request for information referred to in the first subparagraph. In the event of incorrect, incomplete or unfounded request, it inform the applicant as soon as possible.
§ 2. The Business Desk can additionally provide services advice and support to businesses, except for services which are exclusively reserved by law to certain liberal, intellectual professions and service in the economic sector.
§ 3. Business Desk is accessible remotely by electronic means, in order to complete all procedures and formalities relating to access and the exercise of the activities of services referred to in paragraph 1, 1 ° a) and b), with the exception of the controls of the premises where the service is provided or of equipment used by the provider, or physical abilities or personal integrity by the claimant or his staff exercising responsibilities when they are an integral part of a procedure or formality.
Art.III.60. § 1. As regards business and artinasales for which the counters of companies are not empowered to decide only the registration in pursuance of article III.59, 2 °, must first submit the registration files to the service designated for this purpose within the federal public Service economy, SMEs, Middle Classes and energy.
§ 2. This service checks if the requirements, on the one hand, to be registered in the register of trade and, on the other hand, to exercise the proposed professional activity are met.
Upon receipt of all documents to process the file of the company commercial or artisanal, it shall notify the company and the companies window completeness of the folder.
It makes an opinion reasoned and written within a period of fifteen days from the date of notification of the completeness of the dossier.
§ 3. In the absence of opinion reasoned and written within fifteen days following the notification of the completeness of the record, the notice is deemed positive.
Section 2. Conditions of approval for the counters of companies.
S. III.61. § 1.
An organization may be approved as a window of companies, under the following conditions: 1 °
It takes the form of a non-profit association, in accordance with the law of June 27, 1921 on non-profit associations, international non-profit associations and foundations;
2 ° its members belong to one or more of the following organizations: has) the organisations representing employers and workers independent, represented in or approved by the Higher Council of independent and small and medium-sized enterprises, the central Council of the economy, the 'Sociaal-Economische Raad van Vlaanderen', of the Walloon Region economic and social Council, the ECOSOC of the Brussels-Capital Region or a Joint Committee established in accordance with the law of 5 December 1968 on collective labour agreements and joint committees;
(b) funds of social insurance for the self-employed, approved pursuant to order royal No. 38 of 27 July 1967 organizing the social status of the self-employed;
(c) secretariats for employers, authorised pursuant to the royal decree of November 28, 1969, made pursuant to the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers;
(d) rooms accredited by the Federation of Chambers of commerce and industry of Belgium;
(e) associations resulting cooperation agreements between several of the above-mentioned organizations;
3 ° its statutes are intended to the missions of window of undertakings within the meaning of this book;
4 ° it has, in the manner established by the King and the specification written by the Minister: a) competent collaborators;
(b) control procedures internal;
(c) for home, offices, equipment and space for archiving facilities;
(d) to own accounts;
(e) to an IT infrastructure including mechanisms of protection and control;
5 ° it is not in a State of liquidation, nor been subject to a procedure of liquidation or cessation of activity;
6 it is in good standing with the obligations relating to the payment of social security contributions and its obligations relating to the payment of taxes and fees, in accordance with Belgian law;
7 ° has an economic and financial capacity own and sufficient to carry out the tasks defined in this paper and its implementation orders.
8 ° she did insure its professional liability.
The King may conditions, by Decree deliberated in the Council of Ministers, determining the minimum number and location of the establishment of the wickets of businesses units, taking into account an adequate dissemination and needs.
§ 3. By way of derogation from the provisions of paragraph 1, the amenities of the funds of enterprises, attributed to September 9, 2008, shall remain valid until December 31, 2014, under conditions, which were implementing the day of approval.
Art.III.62. § 1. The application is addressed to the Minister by registered letter or in return for a receipt.
§ 2. The application must be accompanied by a plan of operation and all documents required by the conditions for approval.
The operating plan should clearly indicate how the activity of Business Desk will be funded, how the required professional skills will be organized and what geographical area the Business Desk is intended to cover. These conditions are also required for each establishment of the window unit.
§ 3. Public institutions can act as agent on behalf of their customers with one-stop business.
§ 4. The Minister may approve a point of companies organized by a non-profit organization funded primarily or exclusively by public and means of information, support and advice to entrepreneurs engaged if it turns out that, in an area geographically identified by European authorities or regional as a zone to benefit from positive discrimination, there is no operational Business Desk.
During the application of the preceding paragraph, the conditions for approval referred to in article III.61, § 1, 2 ° and § 2, shall not apply.
Art.III.63. the King establishes Advisory Committee. This Committee has the following missions: 1 ° providing advice to the Minister, relating to approval as a window of enterprises and the suspension and cancellation of approval, and the fixing of the number of units of establishments and their location;
2 ° at the request of the Minister, a community or a Region, advice on issues the operation and control of cash for companies.
The King regulates, by Decree deliberated in the Council of Ministers, relating to the composition and functioning of the Committee and the procedure for approval of cash for companies.
Art.III.64. the approval is granted or denied by the Minister within a period of three months from the date of notification of the completeness of the application for approval. This decision is notified to the applicant by registered mail.
Art.III.65. the applicant has the right to introduce a new application when the reasons for refusal no longer exist.
Art.III.66. approval is valid for a period of five years. It can be renewed.
The Minister shall publish the list of counters of chartered companies and their units of establishment on the web site of the federal public Service economy, SMEs, Middle Classes and energy, as well as annually before March 31 in the Moniteur belge.
Art.III.67. renewal of the approval of the Business Desk application is submitted to the Minister for six months before the expiry of the period covered by the previous decision of approval.
The Business Desk remains registered until the Minister ruled on the application for renewal.
Art.III.68. any modification of the data provided at the time of the application for approval shall be submitted within a period of one month to the Minister.
This communication specifies and justifies the amendment.
Art.III.69. the Minister may ex officio by decision and according to the procedures laid down by the King, suspend or withdraw the approval if the provisions of this title, its orders of execution or the conditions for approval are not met.
Section 3. Obligations of the wickets of companies.
Art.III.70 the counters of companies must ensure the continuity of the exercise of the tasks referred to in article III.59 in time.
The King may determine terms and conditions for the guarantees to be provided by the wickets of enterprises to ensure the continuity of the service in time.
Art.III.71. the King fixed, by Decree deliberated in the Council of Ministers, quality standards to meet the services rendered by the counters of companies, minimum opening hours, as well as the specific rules relating to management, accounting and the annual accounts of the wickets of companies.
Art.III.72. teller of enterprises are required, when the demand them is made, to provide without delay and free of charge, under the conditions laid down by the King, all the information in their possession, to communicate any document and any exhibit in their possession and, Furthermore, provide copies or extracts which are necessary to the authorities, administrations and services, including parquet , transplants courses and other courts, members of the judiciary and officials of the ministries in the material, as well as the administrations of communities, Regions, provinces, agglomerations and federations of municipalities and Commons, and other institutions or organizations designated by the King.
Section 4. Remuneration of cash for companies.
Art.III.73. § 1.
The King may by Decree deliberated in the Council of Ministers: 1 ° determine the percentage of the registration fee, registration and publication, and the fees collected, that the wickets of businesses retain as compensation of their intervention in application of articles III.50 and III.59, 8 °;
2 ° adjust the remuneration referred to in 1 °, in the manner established by him, to stimulate the quality of the service rendered;
3 ° determining the amounts that the counters of companies perceive when the formalities for which they have been awarded by a federal decision-making authority, as referred to in article III.59, 6 °.
§ 2. For additional services to the enterprises, referred to in article III.59, § 2, the counters of companies may provide set prices by delivery or lump sum manner on an annual basis.
Title 3. General obligations of the companies.
Chapter 1. Information, transparency and non-discrimination.
Section 1st. Transparency and disclosure requirements.
III.74. § 1. Without prejudice to the legal and regulatory requirements, any company puts at disposal, one of the ways referred to in article III.75, the following information: 1 ° his name or its name;
2 ° its legal form;
3 ° the geographic address where the undertaking is established;
4 ° its coordinates, including his possible email address to get in touch quickly and to communicate directly and efficiently with him;
5 ° the business number;
(6) corporate headquarters;
7 ° in the case where the activity is subject to a licensing scheme, an obligation of authorisation or declaration, in accordance with article 17 of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, the details of the authority
competent or the Business Desk;
8 ° in relation to regulated professions: a) the professional association or professional organization to which the company is registered;
b) the professional title and the Member State in which it was awarded;
9 ° the General conditions and general clauses in the event that the company uses, as well as the languages in which these terms and conditions and these provisions will be consulted;
10 ° the existence of contractual clauses concerning the law applicable to the contract or the competent court, in the case where the company uses;
11 ° the existence of any possible customer contractual warranty, not imposed by law;
12 ° the cost of the service, where the price is determined in advance by the company for a given service type;
13 ° the main features of the economic activity;
14 ° the insurance or guarantees referred to in article III.6 and in particular the contact details of the insurer or guarantor and geographical coverage.
§ 2. When companies present in detail their economic activities in a briefing paper, they are doing include information on their multidisciplinary activities and partnerships which are directly linked to the economic activity in question and on the measures taken to avoid conflicts of interest.
S. III.75. A business initiative, the information referred to in article III.74: 1 ° shall be communicated to the client. or 2 ° are made easily available to the customer at the place of the activity of the company or the conclusion of the contract; or 3 ° are made easily available to the client by e-mail address communicated by the company;
or 4 ° contained in any document of the company with detailed information activities.
S. III.76. at the request of the customer, the company shall provide the following additional information: 1 ° when the price is not determined in advance by the company for a type of good or service, the price of the good or service or, when an exact price cannot be indicated, the method of calculation of the price enabling the customer to verify it, or a sufficiently detailed estimate;
2 ° as regards the regulated professions, a reference to the professional rules applicable and the means to access them;
3 ° the information on their multidisciplinary activities and partnerships which are directly related to the good or the service concerned and on the measures taken to avoid conflicts of interest;
4 ° codes of conduct to which the company is subject and the address at which these codes may be consulted by electronic means, specifying the language versions available;
5 ° versions earlier, applicable at the time of the signing of the contract, containing the start and end date for the application of the information referred to in article III.74, 9 °.
S. III.77. the information referred to in articles III.74 and III.76 is made available or communicated in a clear and unambiguous manner, and in good time before conclusion of the contract or before the delivery of product or service delivery when there is no written contract.
S. III.78. each enterprise is required to prove the compliance with the requirements laid down in articles III.74 to III.77 and accuracy of the information provided.
S. III.79. the provisions of this section do not prejudice the requirements of additional information applicable to companies with their establishment in Belgium.
Section 2. Non-discrimination of customers.
III.80. customers are not subject to requirements restricting their right to use a service provided by a company with its place of business in another Member State. Are notably covered the following requirements: 1 ° the obligation to obtain a permit from the competent authorities or to make a statement with the Commission.
2 ° of the discriminatory limits on the granting of financial aid on the grounds that the company is established in another Member State or for reasons related to the location of the place where the service is provided.
Paragraph 1 shall not apply to authorisation schemes which also apply to the use of a service provided by a company established in Belgium.
S. III.81. customers are not subject to discriminatory requirements based on the nationality or place of residence.
The General conditions of access to a service, which are made available to the public by the company, contain no discriminatory conditions by reason of the nationality or the place of residence of the customer, unless this does not detract from the possibility of differences in the conditions of access where those conditions are directly justified by objective criteria.
Chapter 2. Accounting by enterprises.
S. III.82. any company shall keep records appropriate to the nature and the scope of its activities in accordance with the specific legal provisions that concern.
III.83. accounting of legal entities must cover all their operations, their assets, and rights of any kind, their debts, their obligations and their commitments of any kind.
The accounts of merchants, individuals, covers these same elements when these fall within their commercial activity; She mentioned separately the own resources allocated to this business.
If a company pursues separate economic activities, a separate account system will be introduced for each of these activities.
When a business activity has, to the title of Manager or associate, operations conducted in temporary business association or participation, its accounting is adapted so as to give it the full character defined in paragraph 1, both in terms of relations with third parties, on the one hand, and accounts that the partners and, where appropriate, the Manager have to go to other articles.
III.84. any accounting is held under a system of books and accounts in accordance with the usual rules of double accounting.
Operations are registered without delay, a faithful and comprehensive manner and by order of dates, either in a book single log or in a single auxiliary log or divided into journals. They are methodically recorded or transposed into accounts they relate.
The total movements recorded during the period in the unique auxiliary log or in the journals subject, monthly at least a summary writing in a central book. This writing is quarterly at least for the companies referred to in article III.85 which keep their accounts according to the requirements of articles III.83 and III.84.
Summary writing referred to in the preceding paragraph has either the total amount of movements in all of these auxiliary newspapers, broken down according to the ledger accounts or the topics of synthesis in the chart of accounts of the undertaking that these movements were concerned or, when the accounting technique adopted by the company includes registration simultaneous data in auxiliary newspapers and in the relevant accounts the total of the movements recorded in each of these auxiliary log.
The accounts are defined in an appropriate to the activity of the company accounting plan. This chart was held permanently at the company's headquarters to the headquarters of important accounting services of the company, at the disposal of those who are affected by it.
The King determines the content and presentation of a minimum standardized accounting plan.
It defines the content and mode of operation of the accounts listed in the standard plan.
III.85. traders, persons physical or sociétés en nom collectif or partnership whose turnover in the previous year, excluding the value added tax, does not exceed an amount fixed by the King, have the right not to hold their accounts according to the requirements of articles III.83 and III.84, provided they take without delay a faithful and comprehensive manner and by order of dates, at least three newspapers, set to follow in detail: 1 ° in the first, the movements of local cash or account with signature of the object of the operations and special mention of withdrawals of funds other than for the purposes of trade, as well as the daily balances in species;
2 ° in the second, purchases and made imports and benefits received, signed the amount, mode and the date of the payments relating thereto;
3 ° in the third, sales, exports and the benefits provided, initialed by the amount, mode and the date of receipts that thereto, as well as levies in nature other than for the purposes of their trade.
Other than for the purposes of trade, referred to in paragraph 1, 1 ° and 3 °, can be subject to overall daily entries.
The amount, the mode and date of payments and receipts must not be listed in the newspapers referred to in paragraph 1, 2 ° and 3 °, they are either registered on invoices received from suppliers or sent invoices to clients double doors on comprehensive surveys held in the form of accounts of suppliers or customer accounts.
S. III.86. any writing relies on a voucher dated and bears a reference to the index.
Sales and retail services for which the institution
an invoice is not required, may be the subject of global daily entries.
The King determines the conditions to be met by pieces of the global daily registrations referred to in paragraph 2.
The supporting documents must be preserved, in original or copy, for seven years and be classified methodically. This period is reduced to three years for parts that are not intended to demonstrate to third parties.
S. III.87. § 1.
Newspapers and books are quoted. they form, each in its function, a series continues;
they are identified by specifying this function, by their place in this series and the name, business name or the specific name of the business.
§ 2. Books and newspapers are required to ensure their hardware continuity and regularity and the irreversibility of the Scriptures.
The King fixed the rules according to which these books and newspapers are kept and preserved. It can replace or to replace the conditions it determines, provided for in article III.84 operative paragraphs 3 and 4, by other guarantee hardware continuity of newspapers and books as well as regularity and the irreversibility of the Scriptures.
S. III.88. books are held by order of dates, whites without gaps. In the event of rectification, primitive writing must remain readable.
Companies are required to keep their books for seven years from January 1 of the year following their closing.
S. III.89. § 1.
Any company, once a year at least, with good faith and prudence, operations survey, audit, review and evaluation necessary to establish the chosen date an inventory full of its assets and rights of any nature, of its debts, liabilities and obligations of any kind relating to its activity and the means which are affected. Inventory parts are transcribed into a book. Parts whose volume makes it difficult transcription are summarized in the book to which they are attached.
§ 2. Inventory is ordered in the same way as the chart of accounts of the company.
The King may prescribe criteria for evaluation of inventory.
This paragraph is not applicable to the undertakings referred to in article III.85.
S. III.90. § 1. The accounts are, after reconciliation with the data in the inventory, synthesized in a descriptive State constituting the annual accounts.
§ 2. Undertakings that are not subject to the Code of corporations and its orders of execution are nevertheless required to comply with as regards the form, content, control and the filing of the annual accounts and the management report.
The content and the extent of their obligations are determined on the basis of the criteria for busy staff, the turnover annual and total of the balance sheet for companies subject to the Code of corporations.
The annual accounts of public services referred to in article I.5, 1 °, c, are deposited within seven months from the date of closing of the fiscal year, even if the control and approval procedure to which the annual accounts are appropriate subject, is not yet complete. In this case, it is explicitly noted that the procedure in question is not yet finished.
This paragraph does not apply: 1 ° to individuals traders referred to in article III.85;
2 ° to the undertakings referred to in article I.5, 1 °, d), to which this chapter 2 is not declared applicable.
3 ° to the undertakings referred to in article III.95, § 1;
4 ° to insurance and reinsurance companies;
5 ° to the branches and seats of operation established in Belgium by companies not subject to the Code of corporations, when these branches and seats of operation have no own products related to the sale of goods or the provision of services to third parties for goods delivered or services provided to the foreign company which they belong , and whose operating expenses are borne entirely by the latter;
6 ° to traders individuals with regard to the filing of the annual accounts and the management report.
Art.III.91. § 1. Belgian public bodies exercising a statutory mission commercial, financial or industrial, with the exception of the companies mentioned in article III.95, § 1, are required to comply with the Code of corporations and its orders of execution in relation to the form, content, control and filing consolidated annual accounts and the consolidated management report.
The content and the extent of their obligations are determined on the basis of the criteria for busy staff, the turnover annual and total of the balance sheet for companies subject to the Code of corporations.
The King may extend the scope of paragraph (2) to undertakings other than those referred to in article I.5, 1 °.
§ 2. The King can adapt and supplement the rules which it has adopted under articles III.84, paragraph 6, and III.89, § 2, III.90 and III.91, § 1, or provide exemption from all or part of these rules according to the size of enterprises, industries or economic sectors.
III.92. the Royal Decrees made pursuant to this chapter are deliberate in Council of Ministers.
The orders made pursuant to article III.84, paragraph 6 of article III.89, § 2 and III.90 and III.91 items are taken on the advice of the Central Council of the economy.
Orders taken in pursuance of article I.5, 1 °; and orders affecting them are taken on the advice of the representative organizations of the undertakings concerned.
Art.III.93. the King creates a Committee on accounting standards; It mission is to: 1 ° to give any notice to the Government and the Parliament at the request thereof or initiative;
2 ° to develop accounting doctrine and formulate the principles of proper accounts, by way of notice or recommendations.
The operating costs of the accounting standards Commission are borne by the undertakings referred to in article I.5, 1 °, required to publish their annual accounts or the consolidated deposit at the National Bank of Belgium.
The King sets the amount of this contribution which must not be greater than 3.72 EUR indexed according to the same rules as those laid down for the indexation of salaries and wages of the public service.
It is perceived by the National Bank of Belgium at the same time that the costs of disclosure of annual accounts or consolidated and paid by it to the Commission.
S. III.94. the Minister or his delegate may authorize derogations from the rules adopted pursuant to articles III.84, paragraph 6, III.89, § 2, III.90 and III.91 in special cases and with the reasoned opinion of the accounting standards referred to in article III.93 Observer Commission. This power is exercised in the same manner by the Minister that the Middle Classes in its powers or its delegate in relation to corporations and other enterprises that may be declared to be small in the sense where this term is understood in the companies Code.
The accounting standards Committee was informed of the decision of the Minister or his delegate.
III.95. § 1. Article III.85, articles III.90 to III.94, as well as the orders taken in pursuance of article III.84, paragraph 6, and article III.89, § 2, shall not apply to the National Bank of Belgium, at the Caisse des Dépôts et Consignations, credit institutions subject to the law of 22 March 1993 on the status and control of credit institutions as well as investment firms subject to the law of 6 April 1995 on secondary markets, to the status of investment firms and their control, intermediaries and investment advisers.
§ 2. Article III.85 and article III.90, § 2, paragraph 2, shall not apply to insurance, mortgage and capitalization companies.
Articles III.84, paragraph 6, III.89, § 2, III.90, § 2, paragraph 1, III.91, § 2 and III.94, shall not apply to insurance undertakings authorised by the King in accordance with the legislation on the control of insurance undertakings. » Art. 5. in book XV, title 1, Chapter 4, of the same Code, a section 2 is inserted, worded as follows: Section 2. Coordination and follow-up of actions under Title 1 of Book III.
Sub-section 1. Field of application.
S. XV.35. This section applies to the activities of service referred to in article III.1.
This section and, in particular, its provisions relating to the control of the personal data protection rules are implemented and shall apply without prejudice to the rules laid down in Directive 95/46/EC, in Directive 2002/58 / EC, of the law of 8 December 1992 relative to the protection of privacy with respect to the processing of personal data and rules on the protection of personal data staff, in Act of 13 June 2005 on electronic communications and in the Act of August 24, 2005, to implement certain provisions of the financial services remotely and the directive on privacy and electronic communications directive.
Sub-section 2. Principles.
XV.36. § 1. The competent Belgian authority communicates, within the limits of its competence, to the competent authority of another Member State which requested actually reasoned, any relevant information available to it concerning a provider and/or its services.
It communicates the information requested regarding the establishment and the legality of working activities.
§ 2. The competent authority of Belgium performs within the limits of its powers, audits, inspections, surveys of a service provider or its services, that it is requested by the competent authority of another State member through a reasoned request.
It can decide on the most appropriate measures to be taken in each case to respond to the request of a competent authority of another Member State.
S. XV. 37. § 1. The Belgian competent authority shall notify, within the limits of its powers, the competent authority of another Member State who actually reasoned request, the final decisions relating to disciplinary or administrative penalties to professional, in accordance with the rules laid down by legislation or specific regulations for such transmission.
It also communicates within the limits of its competence and in accordance with Book II, title VII, chapter I, of the Code of criminal procedure, information on penalties final to professional as well as any final judgment concerning insolvency within the meaning of Annex A of Regulation EC 1346/2000, or fraudulent bankruptcy of a claimant.
The communication mentions the legal or regulatory provisions violated.
§ 2. This communication is done in compliance with provisions to protect personal data staff and rights of persons punished or sentenced including those set by a professional order.
§ 3. The claimant informed the Belgian competent authority which shall communicate such decisions.
S. XV.38. the information requested in application of articles XV.36. and XV.37. the results of audits, inspections or investigations, shall be communicated as soon as possible and via the electronic system for the exchange of information.
XV.39. the competent authority of Belgium which, for legal reasons or practices, cannot make the request for information or for audits, inspections or investigations, shall inform the competent authority of the other Member State as soon as possible, indicating the reasons which oppose the request.
If after notification of this refusal, the latter cannot join with the competent Belgian authority and no solution can be found, this fact is communicated to the federal Coordinator for information.
S. XV.40. the competent authority of another Member State can obtain access to the records available to the competent Belgian authorities and under the same conditions.
XV.41. § 1. The competent authority of Belgium, who wishes that a competent authority of another Member State communicates information or conducts audits, inspections or investigations concerning a claimant or its services, shall send a reasoned request, via the electronic system for the exchange of information.
§ 2. If the competent authority of the other Member State does not comply with the request and no solution can be found, the competent authority of Belgium shall inform the federal Coordinator.
S. XV.42. the information exchanged may be used only for the purposes for which they were requested.
S. XV.43. § 1. The competent Belgian authority carries out its duties by exercising control over the service providers established in Belgium even when the service is provided in another Member State or has caused damage in that other Member State.
§ 2. This obligation does not extend: 1 ° to the control of compliance with the requirements specific to any provider by the Member State where the service is provided, regardless of place of establishment of the provider;
2 ° to the exercise of controls on the territory of the Member State where the service is provided.
These checks are performed by the authorities of the Member State in which the claimant operates temporarily, at the request of the competent Belgian authority, in accordance with article XV.41.
XV.44. A competent Belgian authority must not make, concerning a provider who is not established in Belgium, initiative checks, inspections and investigations in Belgium as if these are non-discriminatory, are not motivated by the fact that it is a service provider with its establishment in another Member State and are proportionate.
S. XV.45. § 1. The Belgian competent authority becomes aware of a behavior, facts or circumstances in connection with a provider or a service activity, and serious that could cause serious damage to the health or safety of persons or the environment, it shall inform, through a coordinator of alert, Member States and the Commission European via the system of electronic exchange of information as well as the federal Coordinator.
§ 2. When an alert must be changed or is no longer justified, the competent authority of Belgium informs through a coordinator of alert, the European Commission and the States members through the system of electronic exchange of information as well as the federal Coordinator.
§ 3. The procedure described above applies without prejudice to legal proceedings.
S. XV.46. § 1. By derogation from article III.13, and only in exceptional circumstances, the competent Minister or her delegate may take, against a provider with its establishment in another Member State, measures relating to the safety of services, and in accordance with the conditions and procedures that apply to similar action against claimants who have their place of business in Belgium. These measures may be taken in respect of the assistance procedure mutual laid down in article XV.47 and if the following conditions are met: 1 ° the provisions under which the measures are taken have not been subject to EU harmonisation in the field of the safety of services;
2 ° the measures are more protective for the recipient that would take the Member State of establishment under its national provisions;
3 ° the Member State of establishment has not taken any measures or has taken measures which are insufficient compared with those referred to in article XV.44;
4 ° the measures are proportionate.
§ 2. Paragraph 1 shall not affect the provisions which provided for by or under Community law, guarantee the free movement of services or allow derogations to these.
XV.47. § 1. The competent authority of Belgium who intends to adopt measures to ensure the safety of the services provided in Belgium pursuant to article XV.46, § 1, address a request to the competent authority of the Member State of establishment by providing all relevant information on the service in question and the circumstances of the case via the electronic system for the exchange of information.
§ 2. After receiving the response of the Member State of establishment or in the absence of a response within a reasonable time, the competent Belgian authority where appropriate, communicate its intention to adopt measures to the European Commission and the Member State of establishment via the electronic system for the exchange of information, as well as the federal Coordinator.
The communication specifies: 1 ° the reasons why the competent authority considers that the measures proposed or adopted by the Member State of establishment are inadequate;
2 ° the reasons why it considers that the measures comply with the conditions laid down in article XV.46, § 1.
§ 3. Measures may be adopted only fifteen days after notification, in accordance with paragraph 2, was addressed to the Member State of establishment and to the European Commission.
§ 4. In an emergency, the competent Belgian authority may derogate from paragraphs 1, 2 and 3. In this case, the measures adopted are notified to the European Commission and the Member State of establishment, stating the reasons for which the Authority considers that there is urgency.
§ 5. The procedure described above applies without prejudice to legal proceedings.
S. XV.48. This chapter is without prejudice to cooperation in information resulting from the implementation of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services.
Sub-section 3. Protection of the personal data.
S. XV.49. the purpose of the exchange of data referred to in subsection 2 is good administrative cooperation between Member States, control of service providers and their services as well as the application of the rules on service activities.
XV.50. § 1. For the exchange of personal data, each competent authority of Belgium is a controller.
§ 2. The controller provides to the person concerned, on the registration data or, if a disclosure to a competent authority of another Member State is envisaged, no later than at the time of the first submission of the data, the following information, unless the person is already informed: 1 ° the name and address of the controller and where appropriate, his representative;
2 ° the purposes of the processing;
3 ° for other additional information, including: a) the categories of data concerned;
(b) the recipients or categories of recipients;
(c) the existence of a right of access and rectification of the data).
§ 3. The controller or, where appropriate, his representative, shall: 1 ° do diligence to keep the data up-to-date, to correct or delete inaccurate, incomplete, or data not
2 ° ensuring that, for persons acting under his authority, access to data and the treatment options are limited to what they need for the performance of their duties;
3 ° inform the persons acting under the authority of the provisions of this book, as well as any requirements relevant, relating to the protection of privacy with regard to processing of personal data.
S. XV.51. § 1.
The personal data are: 1 ° processed fairly and lawfully;
2 ° collected for the purpose referred to in article XV.49 and not are not processed in a way incompatible with that purpose;
3 ° adequate, relevant and not excessive in relation to the purpose referred to in article XV.49;
4 ° accurate and, where necessary, updated.
§ 2. It is the responsibility of the controller to ensure compliance with paragraph 1.
XV.52. data processed are: 1 ° the personal data necessary for the identification of the claimant;
2 ° data on disciplinary sanctions of a claimant;
3 ° data relating to administrative sanctions of a claimant;
4 ° penal sanctions of a claimant data;
5 ° the data of any final judgment concerning insolvency within the meaning of Annex A of Regulation EC 1346/2000, or the fraudulent bankruptcy of a claimant.
XV.53. the competent Belgian authorities have only access to the personal data referred to in article XV.52.
They are subject to respect for the principle of confidentiality and subject to professional secrecy.
XV.54. § 1. The personal data referred to in article XV.52 shall be communicated only to the competent authorities of other Member States.
§ 2. If it transpires that inaccurate personal data have been transmitted or personal data were transmitted unlawfully, the recipient is informed immediately.
Inaccurate or transmitted personal data unlawfully are corrected, deleted or locked without delay in accordance with article 4, § 1, 4 °, of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
XV.55. § 1. Personal data processed by the competent Belgian authority are preserved: 1 ° the time needed for the achievement of the aims referred to in article XV.49;
2 ° maximum as long as laws particular to the Belgian authorities competent so provide.
The personal data exchanged between the competent authorities of the Member States are removed by the Belgian authority competent recipient of data six months after the formal closure of an exchange of information.
§ 2. The personal data and the exchange of information may be kept longer for statistical purposes provided that all personal data are anonymized.
S. XV.56. measures are taken by each competent authority of Belgium to ensure safety: 1 ° at the entrance to the premises where the installations for the processing of data;
2 ° memory computers processing the data;
3 ° of the media on which the data is stored;
4 ° the introduction of data;
5 ° the processing of data availability;
6 ° of the communication of the data;
7 ° access to the processing of data;
8 ° the mechanisms of data archiving;
9 ° as to the choice of the technical standards used for backup and data communication.
S. XV.57. in accordance with articles 10 and 12 of the Act of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, the interested parties have the following rights: 1 ° the person concerned who provides proof of his identity has the right to obtain from the controller: has) confirmation that the data are or are not processed , as well as information on at least on the purposes of the processing, the categories of data to which it relates and the categories of recipients to whom the data are communicated;
b) communication in an intelligible form of the data subject to processing, as well as any information available on the origin of these data;
(c) a warning of the possibility of exercising the remedies provided for in articles 12 and 14 of the Act of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
To this end, the person concerned address a dated and signed request to the controller.
Information shall be communicated without delay and no later than within 45 days of the receipt of the application;
2 ° any person has the right to obtain free of charge the correction of any inaccurate personal data concerned;
3 ° any person has also the right to obtain free deletion or prohibiting the use of any personal data concerning the who, taking into account the purpose of the treatment is incomplete or not relevant or where registration, disclosure or conservation are prohibited or which has been retained beyond the period authorized.
To exercise the rights referred to the 2 ° and 3 °, the individual address a dated and signed request to the controller.
The controller communicates to the person concerned rectifications or erasure of the data in the month following the filing of the application.
S. 6. in book XV, title 2, Chapter 2, of the same Code, a 1st section is inserted, worded as follows: Section 1. Administrative sanctions in the context of Book III.
S. XV.63. the federal public Service economy, SMEs, Middle Classes and energy is responsible for the control and monitoring of cash for companies.
S. XV.64. § 1.
The service responsible for the counters of companies control checks the performance of the tasks entrusted to them by or in pursuance of this code or other laws.
2. If it finds that all the conditions have not been taken into account by Business Desk, he asked the management service cancellation of registration or the modification in application of article III.38.
§ 3. It may, in accordance with article XV.65, propose to punish a Business Desk which has not taken into account the conditions and formalities.
XV.65. § 1. When it is found during an inspection that a Business Desk does not properly perform its missions, fails in its obligations referred to in articles 72 III.70 or impedes the exercise of the tasks referred to in articles XV.3, XV.63 and XV.64, the unit of control can: 1 ° notify the window of enterprises, by sending recommended, a warning manner defined in article XV.31;
2 ° when it is not given suite, within the time limit, the warning referred to in point 1 °, impose an administrative fine of a minimum amount of 100 EUR and maximally up to triple the remuneration received by the Business Desk concerned in the previous section III.73 calendar year;
3 ° in case of recidivism or contest of breaches of the provisions referred to in paragraph 1, propose the suspension or the withdrawal of approval of the window of businesses to the Minister that the classes average in his or her attributions.
§ 2. Before notifying the administrative penalty referred to in paragraph 1, 2 °, or propose the suspension or the withdrawal of approval referred to in paragraph 1, 3 °, the service responsible for the Business Desk gives control concerned the opportunity to be heard.
It addresses to this effect a summons by registered mail, stating the facts found, the violated provisions, the procedures for consultation of the file and the date of the hearing, which cannot be established until fifteen days at the earliest after the dispatch of the notice convening.
§ 3. The warnings and sanctions referred to in paragraph 1, 1 ° and 2 °, can be, within sixty days of their notification, an appeal by sending recommended to the Minister. The Minister or officials delegated for this purpose hear stakeholders and pronounced their decision within sixty days following the introduction of the remedy. Decisions shall be notified by registered mail.
The appeal is suspensive.
S. 7. in book XV, title 3, Chapter 2 of the same Code, a 1st section is inserted, worded as follows: «Section 1st.» The penalties relating to offences in Book III.
S. XV.75. are punished by a sanction of level 2: 1 ° traders people physical and administrators, managers, directors or officers of corporations who knowingly contravenes the provisions of articles III.82 and III.83, paragraphs 1 and 3, articles III.84 III.89 or orders made pursuant to article III.84, paragraph 6 of article III.87, § 2 of article III.89 , § 2 and articles III.90 and III.91.
2 ° those who as Commissioner, auditor or independent expert have certified or approved accounts, annual accounts, balance sheets, income statements or consolidated companies, when the provisions referred to in paragraph 1 have not been met, or in the knowledge that they it had not been, either in having not completed normal diligence to ensure that they were respected.
The persons referred to in 1 ° or 2 ° shall be punished by a penalty to level 4 if they acted with fraudulent intent.
Traders, persons, to which
article III.85 applies, and managers, directors or authorised representatives of companies to which that article applies are however punishable by the penalties provided for in the preceding paragraphs to have disregarded the provisions of articles III.85 and III.89 and those of articles III.86 to III.88 and their orders of execution as they concern books provided for in articles III.85 and III.
89 as if the undertaking has been declared bankrupt.
Art XV.76. Shall be punished by a penalty of level 1, those who: 1 ° commit an offence under the provisions of article III.25.
2 ° fail to require cancellation referred to in article III.52;
S. XV. 77. Shall be punished by a penalty of level 2, those who: 1 ° being required to register company commercial or non-commercial private law, within the Crossroads Bank for enterprises, carry out activities without requesting their inclusion in this capacity;
2 ° enrolled in commercial or non-commercial law company private and which carry out activities or operate a unit of establishment that are not included within the Crossroads Bank for enterprises;
3 ° knowingly introduce a mistaken request for registration, change or cancellation in the crossroad Bank for enterprises;
4 ° contravene the decisions or orders referred to in article III.30;
5 ° impede the exercise of the rights defined in article III.32;
6 ° have not requested a change in their registration as commercial or non-commercial private law in a timely manner article III.51;
7 ° violate the provisions of articles III.74 at III.77 and III.81.
Art XV.78. Shall be punished by a penalty of level 3, those who: 1 ° perform an economic activity after their registration company commercial or non-commercial private law has been denied or after it has been cancelled;
2 ° continue, three days after the notification of the judgment or the judgment of conviction having the force of res judicata, the economic activity which them is prohibited.
The Crown will also affix seals on the premises in which the activity is carried out or take any other appropriate measures.
Art XV.79. The punishment of a fine of level 4, those who contravene the orders made pursuant to article III.33.
CHAPTER 3. -Repealing provisions.
S. 8. articles 4 to 24 and 29 to 49 of the Act of March 26, 2010 on the services are hereby repealed.
S. 9. the Act of 16 January 2003 on the establishment of a Crossroads Bank for enterprises, modernization of the commercial register, creation of ATM-sized Chartered and containing various provisions, as amended by the Act of January 21, 2013, is repealed.
S. 10. articles 1, 2, 4, 5, 7, 8 and 9, paragraphs 1 and 2, of the royal decree on registration of commercial companies under private law in the Crossroads Bank for enterprises, are repealed.
S. 11. the Act of 17 July 1975 relating to the accounting by enterprises, as amended by the law of March 22, 2012, is repealed.
CHAPTER 4. -Allocation of competences.
S. 12. the laws and existing enforcement orders that make reference to the provisions referred to in articles 8 to 11 are presumed to refer to the equivalent provisions of the Code of economic law, as that inserted by this Act.
S. 13. the King may replace such references in the laws or existing orders to the provisions referred to in articles 8 to 11 with references to the equivalent provisions of the Code of economic law, as inserted by the Act.
S. 14. the King can coordinate the provisions of the Code of economic law, as that inserted by this Act. with the provisions that would have expressly or impliedly amended at the time where the coordination will be established.
To this end, it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° amend the drafting of the provisions to coordinate 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.
15. the King determines the entry into force of each of the provisions of this Act and each of the provisions inserted by this law in economic law.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 17, 2013.
ALBERT by the King: the Prime Minister, E. DI RUPO the Deputy Prime Minister and Minister for the economy and consumers, J. VANDE LANOTTE the Minister of Classes mean, Mrs. S. LARUELLE. the Minister of Justice, Ms. A. TURTELBOOM. the Minister for administrative Simplification, O.
CHASTEL the Minister of finance, K. GARG sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) see: records of the House of representatives: 53-2741-2012/2013: No. 1: Bill.
No. 2: amendments.
No. 3: report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary meeting and transmitted to the Senate.
Full report: May 23, 2013.
The Senate documents: 5-2105-2012/2013: No. 1: project not referred by the Senate.