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An Act To Amend The Royal Decree Of 18 November 1996 Establishing A Social Insurance For The Self-Employed In Bankruptcy And Assimilated Persons, In Accordance With Articles 29 And 49 Of The Act Of 26 July 1996 Laying Refur

Original Language Title: Loi modifiant l'arrêté royal du 18 novembre 1996 instaurant une assurance sociale en faveur des travailleurs indépendants en cas de faillite et des personnes assimilées, en application des articles 29 et 49 de la loi du 26 juillet 1996 portant modernisati

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belgiquelex.be - Carrefour Bank of Legislation

16 JANVIER 2013. - An Act to amend the Royal Decree of 18 November 1996 establishing social insurance for self-employed persons in the event of bankruptcy and persons assimilated, pursuant to sections 29 and 49 of the Act of 26 July 1996 on the Modernization of Social Security and ensuring the viability of the legal pension schemes and the Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Introductory provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Royal Decree of 18 November 1996 establishing social insurance for self-employed persons in the event of bankruptcy and persons assimilated, pursuant to articles 29 and 49 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes
Art. 2. The title of the Royal Decree of 18 November 1996 establishing social insurance for self-employed persons in the event of bankruptcy and persons assimilated, pursuant to articles 29 and 49 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes is replaced by the following:
"Royal Decree of 18 November 1996 establishing social insurance for self-employed persons in the event of bankruptcy, similar situations or forced cessation. "
Art. 3. In the same order, an article 1 is inserted.erbis as follows:
“Art. 1erbis. For the purposes of this Order, the following shall be terminated:
1° the declarative judgment of bankruptcy in the cases referred to in Article 2, § 1er;
2° the cessation of independent activity in the cases referred to in Article 2, § 2;
3° the forced cessation of independent activity in the cases referred to in Article 2, § 3. "
Art. 4. Section 2 of the same order is replaced by the following:
“Art. 2. § 1er. Social insurance under section 1er is applicable to bankrupt independent workers, as well as to managers, administrators and active associates of a business corporation declared bankrupt.
§ 2. It is also applicable, under the conditions and in the manner to be determined by the King, to independent workers who are not referred to in paragraph 1erwhen they are unable to face their debts owing or to fail.
§ 3. It is also applicable, under the conditions and in the manner to be determined by a Royal Decree deliberated in the Council of Ministers, to independent workers who are forced to cease their independent activity for reasons beyond their control and who find themselves without any professional income or alternative income. "
Art. 5. In section 3 of the same order, as amended by the Act of 24 January 2002, the following amendments are made:
1° the words "Under the conditions mentioned in Article 4, persons referred to in Article 2, paragraph 1er are replaced by the words "The persons referred to in section 2";
2° to 1°, the words "declarative judgment of bankruptcy" are replaced by the words "determination".
Art. 6. In section 4 of the same order, replaced by the Act of 24 January 2002 and amended by the Act of 24 July 2008, the following amendments are made:
1° in paragraph 1er, the words "article 2, paragraph 1er » are replaced by the words "Article 2, §§ 1er and 3";
2° in paragraph 1er, 1°, the words "declarative judgment of bankruptcy" are replaced by the words "determination";
3° in paragraph 1er2°, the words "12, § 1erbis are repealed;
4° in paragraph 2, the words "The benefit referred to in Article 7 is granted to the following conditions" are replaced by the words "To benefit from the benefit referred to in Article 7, the persons referred to in Article 2, §§ 1er and 3 must meet the following conditions."
5° in paragraph 2, 2°, the words "the one in which the declarative judgment of bankruptcy was pronounced" are replaced by the words "the day of termination".
Art. 7. In section 6 of the same order, last amended by the Act of 19 May 2010, the words "before the end of the quarter following that in which the declarative judgment of bankruptcy was pronounced" are replaced by the words "before the end of the second quarter following that of termination".
Art. 8. In section 7 of the same order, replaced by the Program Act of 27 April 2007, the following amendments are made:
1° in paragraph 1st, the words "The persons referred to in Article 2, paragraph 1er, which meet the requirements of Article 4, § 2, are replaced by the words "The persons referred to in Article 2";
2° in paragraph 3, the words "declarative judgment of bankruptcy" are replaced by the words "determination".
Art. 9. In article 7bis of the same order, inserted by the law of 22 February 1998 and amended by the law of 24 January 2002, the words "of the declarative judgment of bankruptcy" are replaced by the words "of cessation".
Art. 10. Section 9 of the same order is replaced by the following:
“Art. 9. Persons referred to in Article 2 may benefit from the social insurance referred to in Article 1 several times.er, without the total period throughout the professional career, may exceed twelve months. "
CHAPTER 3. - Amendments to Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers
Art. 11. Article 15, § 3, of Royal Decree No. 38 of 27 July 1967 organising the social status of independent workers, is supplemented by the words "or is forced to cease its activity, within the meaning of Article 2, § 3, of the Royal Decree of 18 November 1996 establishing social insurance for independent workers in the event of bankruptcy, similar situations or forced cessation".
Art. 12. In Article 18, § 3bis of the same Order, as amended by the Program Law of 22 December 2008, paragraph 2 is repealed.
CHAPTER 4. - Entry into force
Art. 13. This Act produces its effects on 1er October 2012, for cessations under section 1erbis of the Royal Decree of 18 November 1996 establishing social insurance for self-employed persons in the event of bankruptcy, situations assimilated or forced cessation, which take place from that date.
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 16 January 2013.
ALBERT
By the King:
Minister of Average Classes, EMPs and Independents,
Mrs. S. LARUELLE
The Minister of Social Affairs,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
House of Representatives
Documents. - 2535.
Number 1: Bill.
Number two: Report.
No. 3: Text adopted.
No. 4: Text adopted.
Senate
Document. - S-5-1898.
Number 1: Project referred to by the Senate.
Number two: Report.
No. 3: Decision not to amend.