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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013022059&caller=list&article_lang=F&row_id=1300&numero=1349&pub_date=2013-02-15&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-02-15 Numac: 2013022059 FEDERAL social security PUBLIC SERVICE January 16, 2013. -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 on the modernization of social security and ensuring the viability of the statutory pension and of the royal decree No. 38 of 27 July 1967 organizing the social status of the self-employed (1) ALBERT II , King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Disposition introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Modifications of 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 on the modernization of social security and ensuring the viability of statutory pension Art. schemes 2. the title of the royal decree of 18 November 1996 establishing a social insurance in favour self-employed individuals in bankruptcy and assimilated persons, in accordance with articles 29 and 49 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension is replaced by the following : "Royal decree of 18 November 1996 establishing a social insurance for the self-employed in bankruptcy, of situations y assimilated or forced termination. ''
S. 3. in the same order, it is inserted an article 1bis as follows: «art.» 1bis. for the purposes of this order, means termination: 1 ° the judgement declaring the bankruptcy in the cases referred to in article 2, § 1;
2 ° the cessation of self-employment in the cases referred to in article 2, § 2;
3 ° the termination forced independent activity in the cases referred to in article 2, § 3. ».
S. 4. article 2 of the same order is replaced by the following: «art.» 2 § 1. Social insurance as referred to in article 1 shall apply to the self-employed bankrupts as well as managers, administrators and active partners of a commercial company declared bankrupt.

§ 2. It is also applicable, under the conditions and in the manner to be determined by the King, to self-employed workers who are not referred to in paragraph 1, when they are unable to cope with their debts due and payable or to become due.
§
3. It is also applicable, under the conditions and in the manner to be determined by royal decree deliberated in the Council of Ministers, to self-employed workers who are forced to stop their independent activity for reasons independent of their will and find themselves without any professional income or income replacement. ».
S. 5. in article 3 of the same order, as amended by the law of 24 January 2002, the following changes are made: 1 ° "under the conditions referred to in article 4, the persons referred to in article 2, paragraph 1" shall be replaced by the words "persons referred to in article 2 '.
2 ° to 1 °, the words 'of the judgement declaring the bankruptcy"are replaced by the words" termination. "
S. "6. in section 4 of the same stopped, replaced by the law of 24 January 2002, and amended by the Act of July 24, 2008, the following changes are made: 1 ° in the paragraph 1, the words 'article 2, paragraph 1' ' are replaced by 'article 2, §§ 1 and 3";
2 ° in paragraph 1, 1 °, the words 'of the judgement declaring the bankruptcy"are replaced by the words" termination ";
3 ° in paragraph 1, 2 °, the words ' 12, § 1bis, "are repealed;
4 ° in paragraph 2, the words 'the provision referred to in article 7 shall be granted the following conditions' are replaced by the words "To the benefit referred to in article 7, the persons referred to in article 2, §§ 1 and 3, must fulfil the following conditions".
5 ° in paragraph 2, 2 °, 'one in which the judgement declaring the bankruptcy was pronounced' shall be replaced by the words "the day of termination.
S. 7. in article 6 of the same order, as last amended by the law of May 19, 2010, the words 'before the end of the quarter following that during which the judgement declaring the bankruptcy was pronounced"are replaced by the words"before the end of the second quarter following that of the termination.
S.
8A article 7 of the same order, replaced by the programme law of 27 April 2007, the following changes are made: 1 ° in the paragraph 1, the words "persons referred to in article 2, paragraph 1, which fulfil the conditions of article 4, § 2," are replaced by the words "the persons referred to in article 2 '.
2 ° in paragraph 3, the words 'of the judgement declaring the bankruptcy"are replaced by the words" termination. "
S. 9. in article 7bis of the same order, inserted by the law of 22 February 1998 and amended by the Act of 24 January 2002, the words "of the judgement declaring the bankruptcy" are replaced by the words "termination."
S.
10. article 9 of the same order is replaced by the following: «art.» 9. the persons referred to in article 2 may benefit many times social insurance referred to in article 1, provided that the total period throughout the professional career, exceed 12 months. ».
CHAPTER 3. -Amendments to order royal No. 38 of 27 July 1967 organizing the social status of self-employed persons art. 11. article 15, paragraph 3, of the Decree royal No. 38 of 27 July 1967 organizing the social status of self-employed persons, shall be supplemented by the words "or who is forced to stop its activity, within the meaning of article 2, paragraph 3, of the royal decree of 18 November 1996 establishing a social insurance for the self-employed in bankruptcy, of situations y assimilated or forced termination.
S. 12. in article 18 § 3A of the same order, as amended by the programme act of 22 December 2008, paragraph 2 is repealed.
CHAPTER 4. -Entry into force art.
13. this Act takes effect October 1, 2012, the separation within the meaning of article 1bis of royal decree of 18 November 1996 establishing a social insurance for the self-employed in bankruptcy, of situations y assimilated or forced termination taking place from this date.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, January 16, 2013.
ALBERT by the King: the Minister of the Middle Classes, SMEs and the self-employed, Ms. S. LARUELLE. the Minister of Social Affairs, Mrs L.
ONKELINX sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives Documents. -2535.
No. 1: Bill.
No. 2: report.
No. 3: Adopted text.
No. 4: Text as adopted.
Senate Document.
-S-5-1898.
No. 1: Draft referred by the Senate.
No. 2: report.
No. 3: Decision not to amend.