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23 AVRIL 2013. - Act deleting the function of central repository of protests entrusted to the National Bank of Belgium (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Protest Act of 3 June 1997
Art. 2. The title of Chapter 1^er of the Protest Act of 3 June 1997 is repealed.
Art. 3. Section 2 of the Act is repealed.
Art. 4. Section 3 of the Act, as amended by the Act of June 22, 1998, is repealed.
Art. 5. Section 4 of the Act is repealed.
Art. 6. In the title of Chapter 2 of the Act, replace the words "Other protests" with the words "Protests".
Art. 7. In Article 5, § 1^erin the same Act, the words "other than those referred to in section 2" are repealed.
Art. 8. Section 6 of the Act is replaced by the following:
“Art. 6. As long as they are relevant to the type of effect they relate to, the mentions set out in the Protest Act are:
1 the place, date and nature of the protest;
2° the type of effect to which the protest act relates;
3° the name and name, legal form or particular name of the beneficiary of the promissory note or the shooter of the letter of exchange, as well as his domicile or, if it is a merchant, his principal place of business or, if it is a legal person, his head office and business number;
4° the name and first name, legal form or particular name of the subscriber of the promissory note or the drawn from the letter of exchange, as well as its acceptance or not by it, its domicile or, if it is a merchant, its principal place or, if it is a legal person, its head office and its business number;
5° the due date;
6° the amount of the effect and, if different, the amount for which the effect is protested;
7° the reason for refusal which gives rise to the protest;
8° the detailed cost of the act;
9 the names and names of him who made the act of protest;
10° the name of the applicant;
11° the presence or absence of the person to pay;
12 ° the name of the person to whom the notice referred to in section 7 has been given. "
Art. 9. Section 8 of the Act, as amended by the Act of 22 June 1998 and the Royal Decree of 19 December 2010, is repealed.
Art. 10. Section 9 of the Act is repealed.
Art. 11. Section 10 of the Act is replaced by the following:
“Art. 10. The King shall determine the form of the acts of protest referred to in Article 6, and that of the notice referred to in Article 7. "
Art. 12. Section 11 of the Act, as amended by the Act of 22 June 1998 and the Royal Decree of 19 December 2010, is repealed.
CHAPTER 3. - Amendment of the Act of 10 June 1997 on various provisions relating to
Art. 13. Section 14 of the Act of 10 June 1997 on various provisions relating to protests, replaced by the Act of 8 June 1998 and amended by the Royal Decree of 19 December 2010, is repealed.
CHAPTER 4. - Transitional and final provisions
Art. 14. Protests for lack of payment of letters of exchange and promissory notes presented in the Compensation Chamber in accordance with articles 38, paragraph 2, and 42, of the laws on the letter of exchange and the promissory note, coordinated on 31 December 1955, and prepared by the judicial officers at the National Bank of Belgium as the central depositary, are retained by the National Bank of Belgium for a period of seven years from the date of the prot.
Art. 15. The directory held by the National Bank of Belgium, in its capacity as the central repository, which mentions all the acts of protests brought before it, is retained by the National Bank of Belgium for a period of three years from the date of the last protest recorded in this directory or until the relevant information of this directory is repeated in the central file of the notices referred to in Article 1389bis/1 of the Judicial Code, if this resumption takes place before three years.
The King sets out the terms and conditions for the consultation of the directory of protests during the aforementioned period, as well as the royalty due for this consultation.
Art. 16. This Act comes into force on 1^er September 2013.
The King may fix an effective date prior to the date referred to in paragraph 1^er.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 23 April 2013.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Documents of the Chamber of Representatives.
Session 2011-2012.
53-1922 - No. 1: Proposal for a law by Ms. Becq and Mr. Verherstraeten.
Session 2012-2013.
No. 2: Amendment.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 20 July 2011.
Documents of the Senate.
Session 2012-2013.
5-1879 - No. 1: Project transmitted by the House of Representatives.
Number two: Report.
No. 3: Text adopted in plenary and subject to Royal Assent.
Annales du Senate: March 14, 2013.