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Law On The Remuneration Of The Members Of Staff And Agents Of The Public Interest Organizations, Autonomous Public Enterprises And Legal Persons In Which The State Has Directly Or Indirectly A Dominant, In Influence

Original Language Title: Loi relative à la rémunération des membres du personnel et des mandataires des organismes d'intérêt public, des entreprises publiques autonomes et des personnes morales sur lesquelles l'Etat exerce directement ou indirectement une influence dominante, en

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19 DECEMBER 2012. - Act respecting the remuneration of staff members and agents of public bodies, autonomous public enterprises and legal entities on which the State directly or indirectly exerts a dominant influence as a natural person (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act applies to bodies of public interest, autonomous public enterprises and legal entities on which the federal State directly or indirectly exerts a dominant influence.
Art. 3. For the purposes of this Act:
1st Public Interest Organizations: Public Interest Organizations referred to in Article 1er the Act of 16 March 1954 relating to the control of certain public bodies that fall within the jurisdiction of the federal authority;
2° autonomous public enterprises: autonomous public enterprises referred to in Article 1er§ 4 of the Act of 21 March 1991 reforming certain economic public enterprises;
3° a legal entity on which the federal State directly or indirectly exerts a dominant influence: the legal person on which the federal State influences:
- either by entering into a management contract or an administration contract with it;
- either by appointing, directly or indirectly, more than half of the members of its administrative, management or management body or by appointing one or more persons responsible for the administrative supervision of the government within it;
- either by holding, directly or indirectly, the majority of the capital subscribed;
- either by having, directly or indirectly, the majority of votes attached to the shares issued by the company;
4° proxy: any person who sits in or is appointed to the body of administration or management of a legal person referred to in section 2 in order to exercise the administrative guardianship of the government;
5° compensation: any remuneration related to the performance of the function, as defined in sections 31 and 32 of the Income Tax Code.
Art. 4. The remuneration of staff and agents of the legal persons referred to in section 2 shall be paid directly and exclusively as a natural person.
Any payment made in violation of paragraph 1er It sucks.
Art. 5. This Act comes into force on the first day of the seventh month following that of its publication in the Belgian Monitor.
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, 19 December 2012.
By the King:
Minister of Public Enterprises,
Seal of the state seal:
The Minister of Justice,
(1) Session 2012-2013.
House of Representatives
Doc 53-2445/001.
Doc 5-1870/001.