Posted the: 2013-05-17 Numac: 2013009197 FEDERAL JUSTICE PUBLIC SERVICE April 23, 2013. -Law abolishing the central depositary of protests Roi des Belges function entrusted to the National Bank of Belgium (1) ALBERT II, 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 77 of the Constitution.
CHAPTER 2. -Amendments to the law of 3 June 1997 on protests s. 2. the title of Chapter 1 of the law of 3 June 1997 on protests is repealed.
S. 3. article 2 of the Act is repealed.
S. 4. article 3 of the Act, as amended by the Act of June 22, 1998, is repealed.
S. 5. article 4 of the Act is repealed.
S. 6. in the title of Chapter 2 of the Act, the words "of the other protests" by the words "of the protests.
S. 7. in article 5, § 1, of the Act, the words "other than those referred to in article 2" are repealed.
S. 8. article 6 of the Act is replaced by the following: «art.» 6. insofar as they are relevant to the type of effect to which they relate, the particulars set forth in the Act of protest are: 1 ° the location, date and nature of the protest.
2 ° the type of effect to which the Act of protest relates;
3 ° the name and first names, legal form or particular designation of the beneficiary of the ticket order or Bill of Exchange, as well as his home shooter or whether a trader, its principal place of business or, if it is a corporation, its head office and its business number;
4 ° the name and first names, legal form or particular designation for the Subscriber of the ticket order or the drawee of the Bill of Exchange, as well as its acceptance or not by it, his home or, whether a merchant, its principal place of business or, if it is a corporation, its head office and its business number;
5 ° the date of expiry;
6 ° the amount of effect and, if it is different, the amount for which the effect is protested;
7 ° the reason for refusal which gives rise to the protest.
8 ° the cost of the Act;
9 ° the name and surnames of those who drew up the Act of protest;
10 ° the name of the applicant;
11 ° the presence or absence of one who must pay;
12 ° the name of the person to whom the notice referred to in article 7 has been delivered.
S. 9. article 8 of the same Act, amended by the law of 22 June 1998 and the royal decree of 19 December 2010, is repealed.
S. 10. article 9 of the Act is repealed.
11. article 10 of the Act is replaced by the following: «art.» 10. the King determines the form of the protest acts referred to in article 6, and the notice referred to in article 7. ».
12. article 11 of the same Act, amended by the law of 22 June 1998 and the royal decree of 19 December 2010, is repealed.
CHAPTER 3. -Amendment of the Act of 10 June 1997 amending various provisions relating to Art. protests 13. article 14 of the Act of 10 June 1997 amending of the various provisions relating to protests, replaced by the law of 8 June 1998 and amended by the royal decree of 19 December 2010, is repealed.
CHAPTER 4. -Transitional provisions and final arts. 14. the protests due to lack of payment of bills of Exchange and promissory notes presented in clearing house in accordance with articles 38, paragraph 2, and 42, laws on the Bill of Exchange and promissory note, coordinated on December 31, 1955, and trained by bailiffs from the National Bank of Belgium in its capacity as central depository are retained by the National Bank of Belgium for a period of seven years from the date of the protest.
S. 15. the directory maintained by the National Bank of Belgium, as a central depository, which mentions all the acts of protests prepared with it, is kept by the National Bank of Belgium for a period of three years from the date of the last protest saved in this directory or information in this directory are reflected in the central file the notice referred to in article 1389bis/1 of the Judicial Code If this recovery takes place before the expiry of the abovementioned period of three years.
The King sets out the arrangements of the consultation of the directory of the protests during that period, as well as the fee payable for this consultation.
S. 16 this Act comes into force on September 1, 2013.
The King may set a date of entry into force prior to the date referred to in paragraph 1.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, April 23, 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) records of the House of representatives.
53-1922 - No.1: proposal of Ms. Becq and Mr. Verherstraeten Act.
No. 2: amendment.
No. 3: report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary meeting and transmitted to the Senate.
Full report: July 20, 2011.
Records of the Senate.
5-1879 - No. 1: draft transmitted by the House of representatives.
No. 2: report.
No. 3: Texts adopted in plenary meeting and submitted to Royal assent.
Annals of the Senate: March 14, 2013.