An Act To Amend Various Legislation On Continuity Of Enterprises

Original Language Title: Loi modifiant diverses législations en matière de continuité des entreprises

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009257&caller=list&article_lang=F&row_id=1200&numero=1200&pub_date=2013-07-22&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-07-22 Numac: 2013009257 SERVICE PUBLIC FÉDÉRAL JUSTICE may 27, 2013. -Act to amend various legislation on continuity of ALBERT II, King of the Belgians, enterprises to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to the law of January 31, 2009 on the continuity of enterprises s.
(2 A article 2, c), of Act of January 31, 2009 on the continuity of enterprises, the word "judicial" is inserted between the words "decisions" and the words "taken in the framework".
S.
3. in the same Act, it is inserted an article 2/1 as follows: «art.» 2/1. Without prejudice to the nature of the claims resulting from contracts to successive benefits and the effect on the debt payment after the opening of the procedure, the nature of the claim is determined at the time of the initiation of the procedure. ».
S. 4 article 3 of the Act, the words 'the farmers', is inserted between the words "commercial code" and the words "agricultural society".
S.
5. in article 5, of the Act, paragraph 5 is replaced by the following: "any person may voluntarily intervene in proceedings under this Act by a query containing, on pain of nullity, the grounds and the conclusions. Forced intervention is possible only by citation or voluntary appearance pursuant to section 706 of the Judicial Code. ».
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6 section 6 of the same Act, paragraph 3 is replaced by the following: 'A notification takes place via regular mail or electronic mail.'.
S. 7. in the same Act, it is inserted an article 6/1 as follows: «art.» 6/1. § 1. The King may fix, after obtaining the opinion of the Committee on the protection of privacy, the conditions which must satisfy the declarations, communications and notifications that pursuant to the Act, may be made electronically, in order to ensure that they are actually that makes them or that the recipient was actually made aware.
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2. The King may also, without forcing anyone to perform a legal act electronically when a statutory provision does not adapt within 18 months following the entry into force of this section, any legal provision which would constitute a brake on the electronic regulation of the judicial reorganization procedures.
The Royal Decrees taken in accordance with paragraph 1ersont repealed if they were not confirmed by statute in the fifteen months of their publication in the Moniteur belge. ».
S. 8. section 10 of the Act, the following changes are made: a) in paragraph 3, the words 'two quarters' are replaced by the words "a quarter".
(b) in paragraph 4, the words 'two quarters' are replaced by the words "a quarter".
(c) a paragraph worded as follows is inserted between paragraphs 4 and 5: "external accountant, external tax advice, the external chartered accountant, the external chartered accountant-tax and the Réviseur d'Entreprises who find in the exercise of their mission of serious and concordant facts that could compromise the continuity of the business of the debtor, shall inform of detail, where appropriate through its management authority.» If within a period of one month from the date of the information made to the debtor, the latter does not take the necessary measures to ensure the continuity of the undertaking for a minimum period of twelve months, the external accountant, external tax advice or the Réviseur d'Entreprises may notify in writing the president of the commercial court.
In this case, article 458 of the Criminal Code is not applicable. ».
S. 9. section 12 of the Act, the following amendments are made: has) in 1st paragraph, a paragraph worded as follows shall be inserted between paragraphs 4 and 5: "the judge may collect from the external auditor the external tax board, the external chartered accountant, the external chartered accountant-tax and the auditor of the debtor's information about the recommendations they made to the debtor and. where appropriate, the measures that have been taken to ensure the continuity of the business. In this case, article 458 of the Criminal Code is not applicable. »;
(b) in paragraph 1, paragraph 5, the words "twice" shall be deleted and paragraph is completed with the following sentences: "the assistance of a clerk is not required. The judge may maintain only one record its findings and collected statements. »;
(c) paragraph 4 is replaced by the following: "§ § 4 4» The judge concluded its consideration within a period of four months. When the judge finished this review, he writes in the above time limit a report on performed operations and accompanied its findings. The report is attached to the data collected and transmitted to the Board of trade enquiry, to the president of the tribunal and the public prosecutor. The Board of trade enquiry may decide to extend the review for a period which may not exceed four months. ».
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(10A article 17 of the Act, the following amendments are made: a) in paragraph 2, the introductory sentence is replaced by the following: "A penalty of inadmissibility, it attached to its application: ';
(b) in paragraph 2, the 3rd is replaced by the following: '3 ° the indication of an e-mail address that can be attached both that lasts the procedure and from which it can acknowledge receipt of communications;'; ' c) in paragraph 2, 4 °, the words "which should have been filed in accordance with the statutes, as well as the annual accounts for the last year. which would possibly not yet deposited"shall be inserted between the words"the last two annual accounts"and the words" or, if the debtor. "
(d) in paragraph 2, 5 ° is replaced by the following: "5 ° an accounting situation which reflects the assets and liabilities and the income statement not dating no more than three months, established under the supervision of an auditor, an external accountant, a chartered accountant or an external accountant-tax approved;
»;
(e) in paragraph 2, the 6 is replaced by the following: «6 ° a budget containing an estimate of revenue and expenditure for the minimum duration of the requested stay, prepared with the assistance of an external accountant, an external chartered accountant or an auditor; opinion of the Committee of the accounting standards, the King can establish a model of budgetary forecasts; »;
(f) in paragraph 2, 8 °, the words "if it is able to formulate," are repealed;
(g) in paragraph 2, 10 ° is repealed;
(h) paragraph 2 is supplemented by a paragraph as follows: "in addition, the debtor can be reached at its request all other parts as necessary to support it."
(i) in paragraph 3, paragraph 2, the words "within 24 hours" shall be replaced by the words "within 48 hours";
(j) paragraph 4 is hereby repealed.
S. 11. article 20 of the Act is replaced by the following: «art.» 20 § 1. At the registry held a record of judicial reorganization containing all elements relating to the procedure and at the bottom of the case, including the reports of the provisional directors and agents of justice as well as reports from the designated judge and the opinion of the public prosecutor.
§ 2. The filing of a title by the creditor on the record of the judicial reorganization, this deposit is done physically or electronically, interrupts the limitation period of the claim. It is also in residence.
§ 3. The King fixed the moment from which the dossiers or any part thereof, will be available electronically at distance.
§ 4. Each party to the proceedings and all creditors included in the list referred to in article 17, § 2, 7 °, may inspect the file.
Any other person having a legitimate interest may make a request to the designated judge, ask to inspect the record or a part of this record.
§ 5. Electronic record remote access or the issue of a copy of the file on a physical medium, give rise to the payment of a fee whose amount shall be fixed by the King. The consultation of the file is free for the categories of persons or institutions determined by the King.
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6. The King determines, on the advice of the Committee on the protection of privacy, how is granted access to the file referred to in this article, what data is accessible only to a limited extent and how confidentiality and preservation of the folder will be guaranteed. ».
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12. in article 21 of the same Act, the words "the Court" are each time replaced by the words "the Court or the judge delegated".
S. 13. article 23 of the Act is replaced by the following: «art.» 23 § 1. The judicial reorganization proceedings are opened as soon as the continuity of the business is threatened, promptly or term, and that has made a request referred to in article 17, § 1.
§ 2. Where the debtor is a legal person, the continuity of its business is in any case presumed to be threatened if losses have reduced net assets less than half of the share capital.
§ 3. The State of bankruptcy of the debtor shall not preclude in itself the opening or continuation of the procedure for judicial reorganization.

§ 4. The absence of the documents referred to in article 17, § 2, shall not prevent the application of section 59, § 2.
§ 5. If the application is made by a debtor who has already requested and obtained the opening of a procedure of judicial reorganisation less than three years earlier, the judicial reorganisation procedure can be opened only in case it tends to transfer, under authority of justice, of all or part of the company or its activities.
If the application is made by a debtor who already requested and obtained the opening of a procedure of judicial reorganization over three but less than five years earlier, the new judicial reorganisation procedure cannot call into question the achievements of the creditors obtained in the previous procedure. ».
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14. section 24 of the Act, the following changes are made: has) paragraph 1erest replaced by the following: "§ 1.» The tribunal proceeded to the examination of the request for judicial reorganization within fourteen days of its filing in the registry.
Unless he renounced this notice, the debtor is summoned by the Registrar no later than three days prior to the hearing.
The debtor is heard in the Council Chamber, unless it has expressly expressed its determination to be heard in public.
The designated judge heard in its report, the Court decides by judgment within eight days of the examination of the application.
If an omission or irregularity in the filing of documents is not of a nature such that it prevents the tribunal to consider whether the conditions laid down in article 23 are met and if it can be repaired by the debtor, the Court may, after hearing the debtor, put the case in continuation or make application of article 769, paragraph 2, of the Judicial Code. »;
(b) article is supplemented by a paragraph 4 as follows: "§ § 4 4» The Court may, in the judgment that declares open the procedure of judicial reorganisation or in any subsequent decision, require the debtor to additional disclosure obligations facilitate monitoring of the procedure.
The Court may require the debtor to file in the folder, at such times as he may specify, a creditors list according to a model specified. The King may determine how the list should be filed.
If the debtor does not comply with these obligations, the Court may act as provided for in article 41 or as appropriate, may refuse to extend the relief sought under article 38. ».
S. (15A section 26 of the Act, the following changes are made: a) in paragraph 1, subparagraph 2, 3 °, "address" shall be replaced by the words "the email address to which all electronic communications to the designated judge should be addressed and the address of the representative of justice";
(b) in paragraph 1, paragraph 2, 4 °, the words "the objective or objectives of the procedure," shall be inserted between the digit '4 °' and the words ' deadline of ';
c) paragraph 1, paragraph 2, is complemented by a 6 ° as follows: "6 ° where appropriate, detailed rules for access to the electronic file.";
(d) paragraph 2 is supplemented by five paragraphs worded as follows: "he joined in addition to this communication the list of creditors referred to in article 17, § 2, 7 °.
The communication referred to in this paragraph can be done electronically.
The debtor shall transmit to the clerk, either electronically or on physical media, a copy of the communication referred to in this article, so that it is placed on the record referred to in article 20.
The debtor shall transmit to the registry, to be paid to any observations made by a creditor with respect to this communication or record referred to in article 20, any acknowledgement of receipt.
The King may clarify what are the elements to be included in the communication and the model according to which it must be drafted. ».
S. 16. article 28 of the Act is replaced by the following: «art.» 28 § 1. Breach serious and characterized by the debtor or one of its organs, the Court may appoint one or more agents of justice that it loads a mission which it determines in detail the scope and duration for the duration of the stay.
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2. In the event of serious and characterized fault or bad manifest faith of the debtor or one of its organs, the Court may, for the duration of the stay, substitute a provisional administrator to administer the business of the individual or the legal person.
§ 3. The Court decides at the request of any interested party or the public prosecutor, in the judgment that opens the procedure of judicial reorganisation or in a subsequent judgment, the debtor in its means and the designated judge heard in his report.
To the extent where the application is based on such errors attributed to a person or entity, other than the debtor, that person should be called intervention forced by the debtor.
§ 4. At any time during the stay, the Court, and acting in the same manner and on the report of the representative of justice or provisional administrator, may withdraw the decision taken pursuant to paragraphs 1 and 2, or change the powers of the justice or provisional administrator representative.
§ 5. These decisions shall be published in accordance with article 26 § 1, and notified in accordance with article 26, § 3.
§ 6. These provisions do not prejudice to common law actions for the designation of agents of justice, whether or not as a provisional administrator.
§ 7. Judgments rendered pursuant to paragraph 1 are not likely opposition.
§ 8. In an appeal by application lodged at the registry of the Court of appeal within eight days of the notification of the judgment. The clerk of the Court of appeal shall notify the request under judicial cover to the respondent and, where applicable, by ordinary mail to his lawyer, no later than the first working day following the filing of the application. ».
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17. article 32 of the Act is replaced by the following: «art.» 32. the conditional sentence does not affect the fate of the claims specifically secured since the time of the establishment of the pledge. Claims that are part of a business pledged are as such not considered as specifically secured. ».
S. 18. article 33 of the Act is replaced by the following: «art.» 33 § 1. The stay shall not preclude voluntary payment of land by the debtor claims insofar as this payment is necessary for the continuity of the business.
§ 2. Suspension of benefits to the spouse, former spouse or cohabitant of the debtor who is obligant, by the effects of the law, the debts of her husband, spouse or cohabitant legal.
This protection may take advantage to the cohabiting legal whose declaration of legal cohabitation was made in the six months preceding the introduction of the motion to initiate a procedure for judicial reorganization referred to in article 17, § 1.
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3. Without prejudice to articles 2043bis to 2043octies of the civil Code, the sentence does not benefit the co-debtors or personal debtors.
The person who formed the debtor for free personal safety may nevertheless apply to a court that is found that the amount of personal security is manifestly disproportionate compared to his faculties at the time of the granting of the stay of the debt repayment, this faculty to be assessed both in relation to its moveable and immovable property as compared to revenues , and can thus benefit from the reprieve.

§ 4. Land claims are excluded in consideration in the procurement regulations to establish whether or not the debtor complies with the terms of the relevant debt repayment. The national Office of social security or the administration of taxes do not mention of these receivables in the certificates they issue.
§ 5. Direct action instituted by article 1798 of the civil Code is not hampered by the judgment which declared open the judicial contractor's reorganization, or the decisions taken by the tribunal during this or taken in application of article 59, § 2.
§ 6. Articles 17, 2 °, and 18 of 8 August 1997 Bankruptcy Act shall not apply to payments made during the period of suspension. ».
S. (19A article 35 of the same Act the following changes are made: a) in paragraph 1, paragraph 2, the words "in running" shall be inserted between the words "end to its failure" and "within 15 days";
(b) in paragraph 2, a written as follows is inserted between paragraphs 1 and 2: "the exercise of this right does not deprive the creditor the right to suspend its own benefits.".
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20. in article 36 of the same Act 'contractually payable' is inserted between the words "interest" and the words ", to the extent.
S. 21. section 38 of the same Act the following changes are made: a) paragraph 1 is supplemented by a paragraph as follows: 'the request must be filed no later than fourteen days prior to the expiry of the period granted under penalty of inadmissibility,.';
(b) article is supplemented by a paragraph 4 as follows: "§ § 4 4» The judgment extending the stay is published by extract, the diligence of the clerk and within five days of its date in the Moniteur belge.
».
S. 22. article 39, paragraph 1, of the same law is completed by a 3 ° as follows: «3 ° if he requested a judicial reorganisation to make a transfer.

business under authority of justice, power, when the transfer covers only a part of the heritage of the legal person, propose a plan of reorganization for the balance of heritage. ».
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23. article 41 of the Act is replaced by the following: «art.» 41 § 1.
When the debtor is obviously more able to ensure the continuity of all or part of its business or its activities with regard to the objective of the procedure or the information provided to the designated judge, the Court or creditors during the filing of the application or later is manifestly incomplete or inaccurate, the Court may order the early completion of the procedure for judicial reorganization by a judgment that closing.
§ 2. The tribunal shall decide on the request of the debtor, on citation of the Crown or of any interested party against the debtor, the designated judge heard in his report and the Crown in its opinion.
In this case, the Court may decide by this judgment the bankruptcy of the debtor or, if it is a corporation, the liquidation, when demand tends also to this end and that the conditions are met.
§ 3. When the designated judge considers that the early completion of the judicial reorganization procedure is justified with regard to paragraph 1, it draws up a report and communicates to the debtor, to the president of the Court and the public prosecutor.
The debtor is summoned to appear before the Court by judicial letter, within eight days of the communication of the report. The legal fold mentions that the debtor will be heard at the hearing and that the Crown may there require that put an end to the judicial reorganization procedure.
At the hearing, the debtor is heard and the Crown is understood in its opinion may require, where appropriate, the early completion of the procedure.
§ 4. The judgment is published in accordance with the procedure laid down in article 26, § 1, and notified by judicial fold to the debtor. ».
S. 24. in article 44 of the same Act the word "fourteen" is replaced by the word "twenty".
S. 25. article 45 of the same Act is supplemented by four paragraphs worded as follows: 'the communication may be made electronically.
The debtor shall transmit to the clerk, either electronically or on physical media, a copy of the communication referred to in this article, so that it is placed on the record referred to in article 20.
The debtor shall transmit to the registry, to be paid to any observations made by a creditor with respect to this communication or record referred to in article 20, any acknowledgement of receipt.
The King may clarify what are the elements to be included in the communication and how it must be done. ».
S. 26. Article 46 of the same Act the following changes are made: has) paragraph 1 is supplemented by two paragraphs worded as follows: "no later than fifteen days before the hearing referred to in section 53, and report by the designated judge, the Court may decide, by way of the concurring of the creditor and the debtor application order, modify the amount and the qualities of the debt originally secured by the debtor.» The registry in this case notify the creditor concerned how much and with what his claim is resumed.
If the creditor has not worn a its challenge before the tribunal fourteen days before the hearing referred to in article 53, it cannot, without prejudice to paragraph 4, vote and be included in the plan for the amount proposed by the debtor in its communication referred to in article 45. »;
(b) paragraph 6 is supplemented by a paragraph worded as follows: ' when the debtor corrects or completes the list after the clerk has made the communication referred to in article 53 or when the tribunal issued a decision pursuant to paragraph 4, the Clerk shall notify creditors that the list has been corrected or supplemented. '' This communication may be made by ordinary mail or electronically, under the conditions specified in article 26. ».
S. 27. in the same Act, it is inserted an article 49/1 as follows: «art.» 49/1. The proposals include for all creditors payment proposal which may not be less than 15 percent of the amount of the claim.
If the plan provides for differential treatment of creditors, he may give to the creditors with a general lien less favourable treatment than that it accords to ordinary land creditors more advantaged. A lower percentage may be provided pursuant to paragraph 3 and subject to strict motivation.
The plan may propose justified way lower percentages in favour of creditors or classes of creditors mentioned above on the basis of compelling and motivated requirements related to the continuity of the business.
The plan may contain reduction or abandonment of receivables arising from work prior to the opening of the procedure.
The plan cannot provide for reduction of food debt or debts that result to the debtor of the obligation to repair the damage caused by his fault and related to the death or the infringement of the physical integrity of a person.
The reorganization plan cannot provide for reduction or suppression of criminal fines. ».
S. 28. article 55 of the Act is replaced by the following: «art.» 55 § 1. Within fourteen days of the hearing, and in any case before the expiry of the sentence determined by application of articles 24, § 2, and 38, the Court decides whether he approved the reorganization plan.

§ 2. If the tribunal considers that the formalities have not been met or the door plane attack on the public order, it may, by reasoned decision, before deciding, authorize the debtor to offer creditors a reorganization plan adapted to the formalities of article 53. In this case, he decided that the period of stay is extended, while the maximum period laid down in article 38 cannot however be exceeded. It also sets the date of the hearing will be conducted to vote on the plan.
Decisions under this subsection are not susceptible of opposition or appeal.

§ 3. The approval may be refused in the event of failure to comply with the formalities required by this Act or for violation of public order.
It cannot be subject to any condition which is not provided for in the plan of reorganization, or any modifications whatsoever.
§ 4. Subject to disputes arising from the implementation of the plan of reorganization, the judgment which decides on the approval closing the reorganization procedure.
It is published by extract in the Moniteur belge by care of the clerk. ».
S. 29. in the Act, it is inserted an article 55/1 as follows: «art.» 55/1. The Court decides on the approval notwithstanding any prosecution against the debtor or its leaders. ».
S. 30. in article 56, paragraph 2, of the Act, the phrase "calling in is formed by application lodged at the registry of the Court of appeal within eight days of the notification of the judgment and is directed against the debtor or creditors, as applicable." is replaced by the following sentences: ' calling in is formed by application lodged at the registry of the Court of appeal within fifteen days of notification of the judgement and is directed against the. single debtor, in the case of approval, or against the parties who intervened during the reorganization procedure by way of motion, if the approval is rejected. The parties to the appeal may call other parties to intervene. An appeal may be made even before the publication of the judgment concerning the approval. The Court of appeal statue emergency on call.
».
S. 31. section 58 of the Act, the following amendments are made: a) paragraph 4 is supplemented by the following sentence: 'the revocation involves the debtor and creditors themselves, apart from the above, in the position that they would have had if it had not been a reorganization plan approved.';
(b) article is supplemented by a paragraph (5) as follows: "the Court may, ex officio, from the first anniversary of the decision of approval, convene annually the debtor that it report on the implementation of the collective agreement." The statements of the debtor are recorded by the Registrar to be registered in the record of the judicial reorganization. ».
S. 32. article 61 of the Act is replaced by the following: «art.» 61 § 1. Without prejudice to the provisions of this Act, a collective labour agreement concluded within the national labour Council and made mandatory by the King States the terms of the transfer of the rights and obligations of workers affected by a transfer of an undertaking under authority of justice.
§ 2. The collective agreement referred to in paragraph 1 rule: 1 ° the information of workers affected by a transfer under authority of justice when there is Works Council or trade union delegation in the company;
2 ° the information as an agent of justice shall, on the basis of the information to be provided by the debtor, transmit to the transferee and the workers concerned;
3 ° the rights and obligations of workers affected by a transfer under authority of justice, including the possibilities of derogation;
4 ° the choice of workers who will be resumed;
5 ° the terms of an agreement's proposed transfer between the payer or agent of justice and the assignee as well as the content of this convention with regard to the rights and obligations of workers resumed;

6 ° the fate of the debts taken over workers.
§ 3. The choice of workers who will be taken over by the transferee is the responsibility of the latter.
The choice of the assignee should be dictated by technical, economic or organisational reasons and without prohibited differentiation.
In particular, representatives of workers in the transferred business or part of the transferred undertaking cannot be subjected to differential treatment solely due to their activity as a representative of the workers in the transferred business or part of the undertaking transferred.
Unless proved otherwise, the absence of prohibited differentiation is presumed to be established if the ratio, prior to the transfer under authority of justice, between workers in the transferred business or part of the transferred business and their representatives in the bodies of the undertaking or part of an undertaking remains respected after the transfer.
§ 4. The collective agreement referred to in paragraph 1 may grant to the transferee and the repeated worker the ability to edit the individual contract of employment at the time of the transfer under authority of justice, provided that the changes are mainly related to technical, economic or organisational reasons.
§ 5. The assignee, the debtor or the agent of justice, may apply by petition to the Labour Court of the registered office and the principal place of business of the debtor, the approval of proposed transfer agreement referred to in paragraph 2, 5 °.
The Labour Court verifies if the legal requirements have been fulfilled by the parties and where public order has been observed.
The Court decides in emergency after hearing the representatives of the workers and the applicant.
§ 6. If approval is granted, the assignee is not liable to debts and obligations other than those contained in the convention of which the approval is sought. The implementation of the changes to working conditions collectively agreed or applied collectively shall be subject to the suspensive condition of the conclusion of a collective labour agreement which reproduces the terms. ».
S. 33. article 62 of the Act is replaced by the following: «art.» 62. the designated agent of justice organizes and performs the transfer ordered by the tribunal through the sale or the transfer of movable assets or real estate necessary or useful for the maintenance of all or part of the economic activity of the company.
Searches and solicits offers ensuring priority to maintaining everything or part of the undertaking's activities with regard to the rights of creditors.
He chooses to sale or assignment publicly or gre gre, which case it sets in its bidding procedure by Offerors. It sets the deadline in which the tenders must be communicated to him, beyond which no new offers will be taken into consideration. If it intends to communicate an offer to other Offerors to organize one or more bidding, it shall report and specifies the manner in which these bidding wars will be organized. It sets out, where appropriate, guarantees of employment and payment of the sale price and the projects and financial business plans which must be communicated. Before an offer can be taken into account, the price offered for the whole of the assets sold or transferred must be equal or higher than the forced value assumed in the event of bankruptcy or liquidation.
If an offer comes from people who are pursuing or have exercised control of the company and exercise at the same time, through other entities, control over necessary rights continued its activities, this offer cannot be taken into account only on condition that such rights are accessible under the same conditions to other Offerors.
In case of plurality of comparable offers, priority is given by the agent to one that guarantees the permanence of employment through a social agreement.
In this context, the designated agent of justice develops one or more projects sales concurrent or successive, exposing his stagecoaches, the terms of the proposed sale and the rationale for its projects and attaching, for each sale, a draft Act.
It communicates its projects to the designated judge, and by inconsistent application, notified to the debtor two days at least before the hearing, he asked the court permission to proceed with the implementation of the proposed sale.
No offer or modification of posterior to this request offer cannot be taken into account by the tribunal. ».
S. 34. in article 64, § 1, paragraph 1, of the Act, 'article 62, paragraph 4' shall be replaced by the words 'article 62, paragraph 7.
S. 35. in article 65 of the same Act, paragraph 3 is replaced by the following: "the buildings included in the transfer price is perceived and then allocated by the notary committed pursuant to sections 1639 et seq. of the Code of judicial procedure. '' The balance is transmitted, after mortgage registrations have been made, the agent of justice in order to be included in his State of ventilation. ».
S. 36. in the same Act, it is inserted an article 67/1 as follows: «art.» 67/1. If the debtor is declared bankrupt or in receivership until the agent of justice has fully fulfills its mandate, the agent of justice asked the Court to discharge. The Court may decide, on the basis of the report of the judge delegated, that the agent can complete certain tasks. The agent of justice passes in all cases the proceeds of transfers to the trustee or to the liquidator for distribution.
Of justice Attorney's fees are charged to those of the trustee and the liquidator. ».
S. 37. article 69 of the Act is supplemented by two paragraphs worded as follows: "as the judgment referred to in article 60, are suspended until the judgment referred to in article 67, paragraph 3, all routes of the Chief of the land claims to support of the spouse, former spouse and cohabitant legal of the debtor who is obligant by virtue of this quality to the debt of his or her spouse. , former spouse or cohabitant legal.
This protection may take advantage to the cohabiting legal whose declaration of legal cohabitation has been made in the six months preceding the filing of the application to initiate a judicial reorganization laid down in article 17. ».
S. 38. in article 70 of the Act, paragraph 4 is replaced by the following: "if it is unloaded, the debtor can no longer be pursued by his creditors.
This discharge releases the spouse, former spouse or cohabitant it legal to the debtor, obligant to the debt of his or her spouse, former spouse or cohabitant legal, this obligation.
This discharge can enjoy to the cohabiting legal whose declaration of legal cohabitation has been made in the six months preceding the filing of the application to initiate a procedure of judicial reorganization referred to in article 17.
The discharge does not benefit the co-debtors and debtors of personal security, without prejudice to the application of articles 2043bis to 2043octies of the civil Code. ».
S. (39A section 71 of the Act, the following amendments are made: a) in paragraph 2, paragraph 2 is replaced by the following: «the King stops scales applicable to agents of justice and rules designated in application of articles 27, 28 and 60. '' It can stop those applicable to provisional administrators appointed in application of article 28. »;
(b) in paragraph 3, paragraph 2, the words "Court" shall be inserted between the words "is directed" and the words ", according to the forms.
Chapter 3 - Amendments to the Code of the 1992 income tax and Code of registration fees, mortgage and registry arts
40A article 402, § 4, last paragraph, of the 1992 income tax Code, replaced by the programme act of 27 April 2007, the words "and the land debts during the period of stay in the law of January 31, 2009 on the continuity of enterprises" are inserted between the words 'duly respected' and the words 'do not qualify.
S. 41 A article 408 of the Code, replaced by the royal decree of December 26, 1998 and amended by the law of April 14, 2011, the words 'or of judicial reorganisation procedure"are repealed.
S. 42. in title I, chapter VI, of the Code of rights registration, mortgage and registry, it is inserted an article 161/1, as follows: «art.» 161/1. Without prejudice to article 162, 51 °, are exempt from registration fees not included in section 3 of the special law of 16 January 1989 on the financing of the communities and regions, acts, judgments and decisions relating to the procedure of judicial reorganisation introduced in accordance with the law of January 31, 2009 on the continuity of companies. ».
S. 43. article 162 of the Code is supplemented by a 51 ° as follows: "(51 ° acts, judgments, and decisions relating to the procedure of judicial reorganisation introduced pursuant to act of January 31, 2009 on the continuity of enterprises, except: a) the acts that are title of a convention subject to a registration fee referred to in article 3 of the special law of 16 January 1989 on the financing of the communities and regions;
(b) judgments and decisions referred to in articles 146 and 147. ».
S. 44. in title III, chapter I, section Ire, of the same Code, inserted an article 269/4 as follows:

«Art.» 269/4. It is levied for each registration of a request for the initiation of a procedure for judicial reorganization referred to in articles 17 and 59 of the Act of 31 January 2009 on the continuity of enterprises, a fee of 1,000 euros. ».
S. 45. article 281 of the same Code, repealed by royal on May 28, 2003, order is restored in the following wording: «art.» 281. without prejudice to article 269/4, are exempt from registry fee, actions, judgments, and judgments relating to the procedure of judicial reorganisation introduced pursuant to act of January 31, 2009 on the continuity of enterprises. ».
CHAPTER 4. -Amendment of the law of 8 August 1997 on bankruptcy art. 46. in article 8, paragraph 1, the law of 8 August 1997 on bankruptcy, replaced by the law of January 31, 2009, the words "and that there is urgency," are repealed.
CHAPTER 5. -Amendments to the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers s. 47. in article 30bis, § 11, of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers, replaced by the law of 27 April 2007 and amended by the law of April 14, 2011, the words 'or of judicial reorganisation procedure"are repealed.
S. 48. in article 41quinquies, § 4, of the Act, inserted by the law of 3 July 2005, "the relief Commissioner" shall be replaced by the words "a judicial representative.
CHAPTER 6. -Amendments to the social law art. (49. in article 14 of the Act of 20 September 1948 on the organisation of the economy, as last amended by the law of December 30, 2009, the following changes are made: a) in paragraph 1, paragraph 2, the words "§§ 10 and 11" shall be replaced by the words "§§ 10, 11 and 12."
(b) paragraph 6 is replaced by the following: "§ § 6 6.» The calculation of the number of workers usually employed on average, referred to in §§ 1 and 2, is carried out over a period of reference determined by the King; in the case of conventional transfer of undertaking within the meaning of article 21, § 10, or in the case of transfer under authority of justice, within the meaning of article 21, § 12, during the reference period, it is required only the part of the reference period after conventional transfer or after the transfer under authority of justice. ».
S. 50. in article 18 of the same Act, amended by the laws of January 28, 1963, March 5, 1999 and December 27, 2006, the following changes are made: a) paragraph 3 is supplemented by the words "or § 12 ';
(b) in paragraph 4, the words "or a judicial administration" are repealed.
S. 51. article 21 of the same Act, as last amended by the Act of 11 July 2006, is supplemented by a paragraph 12 as follows: ' ' § § 12 12 For the purposes of this paragraph, means 'undertaking' the legal entity.
The fate of the Works Council existing at the time of a judicial reorganisation by transfer under authority of justice within the meaning of the law of January 31, 2009 on the continuity of enterprises is governed, unless the parties to the transfer agreement have agreed otherwise, by the following rules: 1 ° in case of transfer under authority of justice of an enterprise : - the existing business councils continue to function if the undertakings concerned retain their character of operating technical unit;
-in other cases, the Board of the new business will consist of all members of the boards of companies that were previously elected in the undertakings concerned. This Business Council works for all the staff of the undertakings concerned.
2 ° in case of transfer under authority of justice of part of a business to another company offering, like the first, of a Works Council:-If the existing technical operating units remain unchanged, the existing business councils continue to function;
-If the character of the operating technical units is changed, the existing Business Council continues to work in the company of which a portion is transferred; delegates from the Works Council staff occupied in the transferred portion of the undertaking are attached to the Board of the company to which the party is transferred.
3 ° in case of transfer under authority of justice of part of an undertaking of counsel to a business without such a Council:-existing Business Council continues to operate if the character of operating technical unit is maintained;
-If the character of operating technical unit is changed, the Works Council which part is transferred continues to work with the staff delegates who were not busy in part of the undertaking which was the object of transfer;
-Moreover, a Board of company composed of personnel delegates in the transferred portion is made in the undertaking to which part of another undertaking is transferred.
4 ° in all cases of transfer under authority of justice of a business or part of a business, the members representing the staff and candidates continue to benefit from the protection measures provided for by the Act of 19 March 1991 establishing a particular dismissal for staff delegates works councils and committees of safety, hygiene and beautification of the workplace , as well as for candidates-the staff delegates.
5 ° If the transfer under authority of justice intervenes after the determination of the technical operating units has become final and before the day of the elections, no account shall be taken of transfer until the installation of the Works Council. In this case, the rules in 1 ° to 4 ° shall apply.
The provisions of this paragraph shall apply until the next election of a Works Council. ».
S. 52. in article 49, paragraph 2, of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work, as amended by the Act of 3 May 2003, the words 'and article 76A' shall be inserted between the words 'article 69' and ', there is a place.
S. 53. article 51bis of the Act, inserted by the law of 5 March 1999, is replaced by the following: «art.» 51bis. the calculation of the number of workers usually occupied on average, referred to in articles 49, 50 and 51 is carried out over a period of reference determined by the King; where conventional enterprise within the meaning of section 6, of this chapter or in the event of transfer under authority of justice within the meaning of section 7 of this chapter during this reference period no account shall be taken and the part of the reference period after conventional transfer or after the transfer under authority of justice. ».
S. 54. in Chapter VIII of the Act, it is inserted a section 7 entitled 'transfer under authority of justice '.
S.
55. in section 7, inserted by article 54, it is inserted an article 76A, worded as follows: «art.» 76A. the fate of the existing committees at the time of a judicial reorganisation by transfer under authority of justice within the meaning of the law of January 31, 2009 on the continuity of enterprises is governed, unless the parties to the transfer agreement have agreed otherwise, the provisions of this section.
This section is applicable until the next election of a Committee.
For the purposes of this section, means 'undertaking' the legal entity.
».
S. 56. in the same section 7, it is inserted an article 76ter, worded as follows: «art.» 76ter. in case of transfer under authority of justice of a company:-existing committees continue to work if the undertakings concerned retain their character of operating technical unit;
-in other cases, the new business Committee consists of all members of the committees who were previously elected in the undertakings concerned. This Committee works for all the staff of the undertakings concerned. ».
S. 57. in the same section 7, it is inserted an article 76quater, worded as follows: «art.» 76quater. in case of transfer under authority of justice of part of a business to another company which has as the first Committee:-If the existing technical operating units remain unchanged, the existing committees continue to work;
-If the character of the operating technical units is changed, the existing Committee continues to work in the company of which a portion is transferred; delegates from the Committee staff occupied in the transferred portion of the undertaking are attached to the Committee of the enterprise in which the party is transferred. ».
S. 58. in the same section 7, it is inserted an article 76quinquies, worded as follows: «art.» 76quinquies. in case of transfer under authority of justice of part of an undertaking having a Committee to a company without such a Committee:-the existing Committee continues to operate if the character of operating technical unit is maintained;
-If the character of operating technical unit is changed, the Committee of the company whose part is transferred continues to work with the staff delegates who were not busy in part of the undertaking which was the object of transfer;
-In addition, a Committee composed of delegates from staff occupied in the transferred portion, consists in the company where a part of another undertaking is transferred. ».

S. 59. in the same section 7, it is inserted an article 7sexies, worded as follows: «art.» 76sexies. in all cases of transfer under authority of justice of a business or part of a business, the members representing the staff and candidates continue to benefit from the protection measures provided for by the Act of 19 March 1991. ».
S. 60. in the same section 7, it is inserted an article 76septies, worded as follows: «art.» 76septies. If the transfer under authority of justice intervenes after the determination of the technical operating units has become final and before the day of the elections, no account shall be taken of transfer until the installation of the Committee. In this case, the rules laid down in articles 76tera 76sexies shall apply. ».
CHAPTER 7. -Transitional provisions and entry into force article 61. article 32 applies to transfers of undertakings under judicial authority which are resulting from an application filed or served summons from the entry into force of this section.
S. 62. with the exception of articles 7 and 42-45, this Act comes into force ten days after its publication in the Moniteur belge.
Articles 7 and 42-45 come into force on the date set by the King, and no later than 31 December 2014.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, may 27, 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) Session 2012_2013 records of the House of representatives: 53-2692-2012/2013: No.. 1: Bill.
N °. 2: Amendments.
N °. 3: Report.
N °. 4: Text adopted by the commission.
N °.
5: Amendments.
N °. 6: Text adopted in plenary meeting and transmitted to the Senate.
Full report: May 2, 2013.