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2 June 2010. - An Act respecting various provisions relating to the organization of supplementary health insurance (II) (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - Preliminary provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
PART 2. - Amendments to the Act of 6 August 1990 on mutuality and national mutuality unions
Art. 2. In section 44bis of the Act of 6 August 1990 on mutualities and national mutuality unions, inserted by the Act of 26 April 2010 on various provisions concerning the organization of supplementary health insurance (I), the following amendments are made:
1° § 1^er is supplemented by a paragraph, which reads as follows:
"The summons must also be filed at the court of first instance at least six weeks before the date of the general assembly to decide on the merger. »;
2° § 6 is supplemented by a paragraph, which reads as follows:
"At the initiative of the Supervisory Board, the decision to approve the merger is, within thirty calendar days, filed with the Registry of the Court of First Instance in the territorial jurisdiction of which the absorbing mutualist company has its head office and published by extract to the Belgian Monitor. »
Art. 3. In the same law, an article 62undecies is inserted, as follows:
"Art. 62undecies. § 1^er. Any decision by which the Board of the Supervisory Board pronounces an administrative fine or offence, in the context of the duties referred to in section 52, 11° and 12°, pursuant to sections 62bis, 62ter, 62quater, 62quinquies and 62sexies, is subject to appeal to the Brussels Court of First Instance.
§ 2. Without prejudice to the more restrictive special provisions provided by or under the law, the remedy referred to in § 1^er is open to the parties in question before the Supervisory Board.
Without prejudice to the special provisions provided for by or under the law, the time limit for appeal, which is limited to inadmissibility, is 30 days from the notification of the decision under appeal.
The appeal shall be lodged, as soon as it is inadmissible, by application signed and filed with the Brussels Court of First Instance in as many copies as parties to the case.
§ 3. The appeal referred to in § 1^er is suspensive of the decision of the Board of the Supervisory Board. »
Art. 4. Article 68, paragraph 1^erthe same law shall be replaced by the following provision:
"Art. 68. An appeal shall be appealed to the State Council on an expedited procedure against the following administrative decisions of the Council:
1° all administrative decisions taken against the mutualities, national unions of mutualities and mutualist societies referred to in Article 70, §§ 1^er and 2, paragraphs 1^er and 2;
2° of administrative decisions taken by the Board of the Supervisory Board pursuant to section 52, paragraph 1^er11° and 12°, to the following natural or legal persons:
(a) the applicant for approval against the decisions made by the Board of the Supervisory Board denying approval pursuant to section 3 of the Act of 9 July 1975 on the control of insurance companies;
(b) the mutualist society referred to in Article 43 bis, § 5, or Article 70, §§ 6, 7 or 8, against the decisions of request for extension of information made by the Board of the Supervisory Board and referred to in Article 21, § 1^erbis, the Act of 9 July 1975 on the control of insurance companies;
(c) the mutualist corporation referred to in Article 43 bis, § 5, or Article 70, §§ 6, 7 or 8, against the tariff recovery decisions made by the Board of the Supervisory Board and referred to in Article 21octies of the Act of 9 July 1975 on the control of insurance companies;
(d) the mutualist society referred to in Article 43 bis, § 5, or Article 70, §§ 6, 7 or 8, against the decisions taken by the Board of the Supervisory Board and referred to in Article 26, §§ 1^er, paragraphs 2, 2°, 3° and 4°, and 5, 8 and 9, of the Act of 9 July 1975 relating to the control of insurance companies;
(e) the mutualist society referred to in Article 43 bis, § 5, or Article 70, §§ 6, 7 or 8, against decisions to revoke the approval made by the Board of the Supervisory Board and referred to in Article 43 of the Act of 9 July 1975 on the control of insurance companies;
(f) the mutualist society referred to in Article 43 bis, § 5, or Article 70, §§ 6, 7 or 8, against the opposition decisions made by the Board of the Supervisory Board and referred to in Articles 51 and 58 of the Act of 9 July 1975 relating to the control of insurance companies or where the Supervisory Board has not notified any decision within the time limit set out in Article 51,
(g) through insurance under section 68, paragraph 1^erof the Act of 26 April 2010 on various provisions relating to the organization of supplementary health insurance (I), against the decisions of registration or refusal of registration in a class of the register of intermediaries of insurance, delisting, prohibition of activities, suspension, modification or delisting of registration, and warning, as well as to the decisions that result in the expiration of the Office of registration referred to "
PART 3. - Amendments to the Act of 9 July 1975 on the control of insurance companies
Art. 5. Article 23bis, § 6, paragraph 1^er, from the Act of 9 July 1975 on the Control of Insurance Companies, as incorporated by the Act of 19 July 1991 and last amended by the Act of 31 July 2009, the words "of the Commercial Court" are replaced by the words "of the competent court".
Art. 6. In section 24, paragraph 3, of the same Act, as set out in the Act of July 31, 2009, the words "the commercial court in whose jurisdiction the corporation" are replaced by the words "the competent court in whose jurisdiction the insurance business".
Art. 7. In article 26, § 4, of the same law, as replaced by the law of February 16, 2009, the words "trade tribunal" are replaced by the words "competent court".
PART 4. - Amendments to the Act of 26 April 2010 relating to the organization of supplementary health insurance (I)
Art. 8. Section 59 of the Act of 26 April 2010 on various provisions relating to the organization of supplementary health insurance (I), is supplemented by a paragraph as follows:
“§4. The authentic act of transformation and the statutes of the new society are published simultaneously in accordance with articles 67, §§ 1^er 3 and 73 of the Corporate Code. The act of transformation is published in full; the statutes are extracted in accordance with articles 67 to 69 and 72 of the same Code. »
Art. 9. Section 65 of the Act of 26 April 2010 on various provisions relating to the organization of supplementary health insurance (I), is supplemented by two paragraphs as follows:
“§3. The decision of transformation made by the General Assembly is published with reference to the conclusion of the report of the revisor(s) referred to in Article 63, § 2, of the Law of 26 April 2010 on various provisions concerning the organization of supplementary health insurance (I) in accordance with Articles 67, §§ 1^er 3 and 73 of the Corporate Code.
§ 4. The statutes of the new association are published simultaneously in the publication referred to in § 1^erin accordance with articles 67, §§ 1^er to 3 and 73 of the Corporate Code and section 11 of the Act of 9 July 1975. »
Art. 10. Section 66 of the Act of 26 April 2010 on various provisions relating to the organization of supplementary health insurance (I) is supplemented by a 4° written as follows:
"4° of compensation for damage that is an immediate and direct result of the absence or misleading of the claim prescribed by Article 65, § 3. »
PART 5. - Amendments to the Judicial Code
Art. 11. In section 569 of the Judicial Code, last amended by the Act on Miscellaneous Provisions (I) of 22 December 2008 and the Act on Miscellaneous Provisions (II) of 22 December 2008, the following amendments are made:
1st paragraph 1^er is completed by the 37th grade, as follows:
"37° of remedies referred to in Article 62decies of the Law of 6 August 1990 on mutualities and national mutuality unions. »;
2° in paragraph 2, the words "and 29" are replaced by the words "29°, 34° and 37°".
Art. 12. In section 580, 6°, of the Judicial Code, amended by the Act of 12 May 1971 and the Act of 13 December 2005, the d) is replaced by the following:
“(d) of articles 3, paragraph 1^er, (b) or (c) or 7, § 2, of the Act of 6 August 1990 on mutuality and national mutuality unions or section 67, paragraph 5, of the Act of 26 April 2010 on various provisions concerning the organization of supplementary health insurance (I), with a mutuality, a national union of mutualities or a mutualist society referred to in article 70, §§ 1^er or 2, paragraphs 1^er and 2 of the above-mentioned Act of 6 August 1990; "
Art. 13. In article 583, paragraph 5, of the same Code, inserted by the law of 13 December 2005, the words "Chapter VII, section 1^re, de" are inserted between the words "planned by" and the words "the law of August 6, 1990".
PART 6. - Entry into force
Art. 14. The articles of this Act come into force on the day of the publication of this Act to the Belgian Monitor and no later than 1^er March 2010.
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 Nice on 2 June 2010.
ALBERT
By the King:
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2009-2010 session.
House of Representatives.
Documents. - Bill, 52-2293 - No. 1. - Text corrected by the Commission, 52-2293 - No. 2. - Text adopted in plenary and transmitted to the Senate, 52-2293 - No. 3. - Report, 52-2293 - No. 4.
Full report. - 25 March 2010.
Senate.
Documents. - Project transmitted by the House of Representatives, 4-1730 - No. 1. - Report, 4-1730 - No. 2. - Text corrected by commission, 4-1730 - No. 3. - Text adopted in plenary and subject to Royal Assent, 4-1730 - No. 4.
Annales. - 22 April and 6 May 2010.