Act Amending The Act Of 21 March 1991 On The Reform Of Some Economic Public Companies (1)

Original Language Title: Loi modifiant la loi du 21 mars 1991 portant réforme de certaines entreprises publiques économiques (1)

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belgiquelex.be - Carrefour Bank of Legislation

14 NOVEMBER 2011. - An Act to amend the Act of 21 March 1991 to reform certain economic public enterprises (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. In Article 21, § 1erof the Act of 21 March 1991 on reform of certain economic public enterprises, as amended by the Act of 6 April 2010, the following amendments are made:
1° in paragraph 5, the words "derogatory", "the competent minister or" and ", as the case may be" are repealed;
2° in paragraph 7, the words "to the competent minister or" and ", as the case may be" are repealed;
3° in paragraph 8, the words "In the latter case" are replaced by the words "In this case", the words "derogation" are repealed and, in the Dutch text, the words "datum voor de publicatie" are replaced by the words "datum van de publicatie";
4° in paragraph 9, the words "to the Business Council" are replaced by the words "to the Joint Commission".
Art. 3. Article 162quinquies, § 1er, the same law inserted by the Act of 22 March 2002 and amended by the Royal Decree of 18 October 2004, is supplemented by five paragraphs as follows:
"Sections 520bis and 520ter of the Corporations Code apply mutatis mutandis to the delegated administrator and members of the steering committee.
If an agreement referred to in this paragraph provides a severance allowance that exceeds the 12 months of pay, or, on the reasoned advice of the Appointment and Compensation Committee, exceeds the 18 months of pay, this severance allowance clause shall obtain the prior approval of the following first general meeting. Any convention to the contrary is void of full right.
The application for a higher severance allowance as stipulated in paragraph 5 shall be communicated to the National Joint Commission referred to in section 13 of the Act of 23 July 1926 on the SNCB Holding and its related companies. ÷ the request of one of the parties to this National Joint Commission, it gives notice to the General Assembly.
In this case, the request must be communicated thirty days before the day of the publication of the convocation of the following first ordinary general assembly and the request for notice must be made at least twenty days before the same date. The notice is given and published on the company's website by the date of publication of the summons.
The personal data transmitted to the National Joint Commission referred to in paragraph 6 shall not be disclosed by the National Joint Commission except for the purposes of the notice to the General Assembly referred to in paragraph 7. »
Art. 4. Article 209, § 1er, of the same law inserted by the Royal Decree of 14 June 2004, is supplemented by five paragraphs written as follows:
"Sections 520bis and 520ter of the Corporations Code apply mutatis mutandis to the delegated administrator and members of the steering committee.
If an agreement referred to in this paragraph provides a severance allowance that exceeds the 12 months of pay, or, on the reasoned advice of the Appointment and Compensation Committee, exceeds the 18 months of pay, this clause shall obtain the prior approval of the following first ordinary general meeting. Any convention to the contrary is void of full right.
The application for a higher severance allowance as stipulated in paragraph 5 shall be communicated to the National Joint Commission referred to in section 13 of the Act of 23 July 1926 on the SNCB Holding and its related companies. At the request of one of the parties to this National Joint Commission, the National Joint Commission shall give notice to the General Assembly.
In this case, the request must be communicated thirty days before the day of the publication of the convocation of the following first ordinary general assembly and the request for notice must be made at least twenty days before the same date. The notice is given and published on the company's website by the date of publication of the summons.
The personal data transmitted to the National Joint Commission referred to in paragraph 6 shall not be disclosed by the National Joint Commission except for the purposes of the notice to the General Assembly referred to in paragraph 7. »
Art. 5. Article 226, § 2, of the same law inserted by the Royal Decree of 18 October 2004, is supplemented by five paragraphs written as follows:
"Sections 520bis and 520ter of the Corporations Code apply mutatis mutandis to the delegated administrator and members of the steering committee.
If an agreement referred to in this subsection provides a severance allowance, which exceeds the 12 months of pay, or, on the reasoned advice of the Appointment and Compensation Committee, exceeds the 18 months of pay, this severance allowance clause shall obtain the prior approval of the following first general meeting. Any convention to the contrary is void of full right.
The application for a higher severance allowance as stipulated in paragraph 5 shall be communicated to the National Joint Commission referred to in section 13 of the Act of 23 July 1926 on the SNCB Holding and its related companies. At the request of one of the parties to this National Joint Commission, the National Joint Commission shall give notice to the General Assembly.
In this case, the request must be communicated thirty days before the day of the publication of the convocation of the following first ordinary general assembly and the request for notice must be made at least twenty days before the same date. The notice is given and published on the company's website by the date of publication of the summons.
The personal data transmitted to the National Joint Commission referred to in paragraph 6 shall not be disclosed by the National Joint Commission except for the purposes of the notice to the General Assembly referred to in paragraph 7. »
Art. 6. The provisions of sections 3, 4 and 5 on the mutatis mutandis application of sections 520bis and 520ter of the Code of Societies to the managing director and members of the steering committee are applicable from the first day of the social exercise that begins after the publication of this Act to the Belgian Monitor.
The provisions of sections 3, 4 and 5 relating to severance pay apply to agreements that are concluded or extended from the day this Act comes into force.
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, 14 November 2011.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
The Minister of Public Service and Public Enterprises,
Ms. I. VERVOTTE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2010-2011 session.
Documents of the Chamber of Representatives.
53-1603 - No. 1: Proposal for a law by Ms. Dierick et al.
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.
Session 2011-2012.
Documents of the Senate.
5-1180 - No. 1: Project not referred to by the Senate.