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13 JUNE 2010. - An Act to amend the Consumer Credit Act of 12 June 1991

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
It transposes the Directive 2008/48/EC of the European Parliament and the Council of 23 April 2008 on consumer credit contracts and repeals Council Directive 87/102/EEC.
CHAPTER 2. - Amendments to the Consumer Credit Act of 12 June 1991
Art. 2. Article 1^er of the Act of 12 June 1991 on consumer credit, as amended by the Acts of 6 July 1992, 11 December 1998, 7 January 2001, 24 March 2003 and 10 December 2009, the following amendments are made:
(a) at 2°, the words "who offers or concludes a temperament sale or a lease" are replaced by the words "who offers or concludes a credit contract";
(b) the 3° is replaced by the following:
"3° the credit intermediary: a natural or legal person who does not act as a lender and who, in the course of carrying out his business or business activities, against a remuneration that may be monetary or take any other form of economic benefit that has been the subject of an agreement:
(a) presents or proposes consumer credit contracts;
(b) assist consumers by making preparatory work for credit contracts other than those referred to in (a);
(c) concludes credit contracts with consumers on behalf of the lender. is assimilated to it, the person who offers or consents credit contracts, where such contracts are subject to an immediate assignment or subrogation for the benefit of another registered lender, designated in the contract; »;
(c) the 5th is replaced by the following:
"5° the total cost of credit for the consumer: all costs related to the credit contract that the consumer must pay and that are known by the lender, except for notary fees. These include:
(a) interest receivables;
(b) the commissions and/or remuneration that the credit intermediary receives for its intermediation;
(c) taxes;
(d) any costs of any kind, such as investigation fees, file design fees, file consultation fees, management, administration and encumberment fees, all fees related to a card, except for what is referred to in (f);
(e) costs related to miscellaneous services related to the credit contract, including insurance premiums, if the conclusion of this service contract is obligatory to obtain the credit or under terms and conditions of business;
(f) the costs of holding a payment account related to a credit contract on which are borne both the payment transactions and the debits, the costs of using a payment instrument that allows to perform both payment transactions and debits as well as other costs related to such payment transactions, unless the opening of the account is optional and the fees related to that account have been clearly and separately indicated in the contract
The total cost of credit for the consumer does not include:
(a) costs and allowances payable to the consumer in the event of non-performance of any of its obligations in the credit contract;
(b) costs, other than the purchase price, that are incurred in the acquisition of goods or services, whether the purchase is made in cash or on credit; »;
(d) the 6th is replaced by the following:
"6° the overall effective annual rate: the rate that expresses the equivalence, on an annual basis, of the updated values of all the commitments of the lender (pupils) and the consumer (refunds and total cost of the credit for the consumer), existing or future, and which is calculated on the basis of the elements indicated by the King and according to the mode it determines; »;
(e) 8° is replaced by the following:
"8° the debtor rate: the interest rate expressed as a fixed or variable percentage, applied on an annual basis on the part of the capital taken and calculated on the basis of the elements indicated by the King and according to the mode determined by the King, if any including the method of calculating the delayed interest related thereto; »;
(f) an 8°bis is inserted, as follows:
"8°bis the fixed debtor rate: the debtor rate provided by a provision of the credit contract under which the lender and the consumer agree a single debtor rate for the entire duration of the credit contract, or several debtor rates for partial periods by applying exclusively a given fixed percentage; »;
(g) 9° is replaced by the following:
"9° the sale in temperament: any contract of credit, regardless of its qualification or form, which must normally take over the acquisition of tangible property or service delivery, sold by the lender or credit intermediary, referred to in 3°, c), last sentence, and whose price is paid by periodic payments; »;
(h) the 10th is completed by the words:
"or the credit intermediary referred to in 3°, c), last sentence";
(i) a 12°ter and a 12°quater are inserted, as follows:
"12°ter the ease of discovery: an explicit credit opening under which a lender allows a consumer to have funds that exceed the available balance of the lender's account;
12°quater overtaking: an accepted uncovered facility under which a lender authorizes a consumer to dispose of funds that exceed the available balance of the consumer account or the agreed uncovered facility; »;
(j) at 18°, second draw, the words "credit openings related to a current account" are replaced by the words "discovery facilities and overtakings";
(k) 20° and 21° are replaced by the following:
"20° the related credit contract: a credit contract under which:
(a) the credit in question is used exclusively to finance a contract relating to the provision of particular goods or the provision of particular services, and
(b) both contracts constitute, from an objective point of view, a commercial unit. A commercial unit is deemed to exist where the supplier or service provider itself finances the credit to the consumer or, in the case of financing by a third party, when the lender uses the services of the supplier or provider for the conclusion or preparation of the credit contract or when particular goods or the provision of a particular service are specifically mentioned in the credit contract;
21° sustainable support: any instrument that allows the consumer to store information that is addressed to him personally in a way that allows him to easily refer to it in the future for a period of time adapted for the purpose to which the information is intended and that allows the reproduction of the information stored in the same way; »;
(l) the article is supplemented by the 23°, 24°, 25° and 26° written as follows:
"23° the amount of the credit: the ceiling or the total of the amounts made available under a credit contract;
24° the total amount due by the consumer: the sum of the amount of the credit and the total cost of the credit for the consumer including, in the case of a leasing credit, the residual value of the property to be paid at the lifting of the purchase option;
25° the account: an account that allows the consumer to receive income, make cash withdrawals and make payments by transfer;
26° the demarcation for credit contracts: the physical visit of the consumer by the lender or credit intermediary on the occasion of which a credit offer is made or a credit request, a credit offer or a credit contract is subject to the signature. For the purposes of this Act, is assimilated to the physical visit of the consumer, the approach of the consumer by the lender or the credit intermediary by means of voice telephony in order to propose a visit to the consumer. »
Art. 3. Section 2 of the Act, as amended by the Act of 24 March 2003, is replaced by the following:
"This Act applies to credit contracts with a consumer who has his habitual residence in Belgium provided that:
1° the lender exercises his professional activity in Belgium, or
2° by any means, directs this activity to Belgium or to several countries, including Belgium,
and that the contract falls within the scope of this activity.
Notwithstanding the provisions of paragraph 1^er, the parties may, in accordance with Article 3 of Regulation (EC) No 593/2008 of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), choose the law applicable to a contract meeting the conditions of Article 6, paragraph 1^erRules. This choice, however, cannot result in depriving the consumer of the protection afforded to it by the provisions to which it cannot be derogated by agreement under the Belgian legislation which would have been applicable, in the absence of choice. »
Art. 4. Section 3 of the Act, as amended by the Acts of 4 August 1992, 11 April 1999 and 24 March 2003, are amended as follows:
(a) Paragraph 1^er, 1°, is replaced by the following:
"1° insurance contracts and contracts for the continued delivery of services or the delivery of goods of the same nature, under which the consumer regulates the cost of such services or goods, as long as they are provided, by instalment payments; »;
(b) Paragraph 1^er, 2°, is replaced by the following:
"2° leases in which the obligation to purchase the object of the contract is not provided for in the contract itself or in a separate contract. Such an obligation shall be deemed to exist if the lessor so decides unilaterally; »;
(c) Paragraph 1^er, 3°, is replaced by the following:
"3° non-interested credit contracts for which the credit must be refunded within a period not exceeding two months, and for which the lender seeks costs less than 50 euros per year. This threshold will be indexed to 1^er January of each year on the basis of the following formula: 50 euros multiplied by the new index and divided by the starting index. The new index is the consumer price index of December of the previous year and the base index is the consumer price index of December 2010. The King may change the amount of this threshold; »;
(d) in paragraph 1^er4° and 5° are repealed;
(e) paragraph 1^er is completed by the 9° and 10° written as follows:
"9° the credit contracts related to the payment period, without charge, for the settlement of an existing debt;
10° the credit contracts granted by the pebbles covered by the law of 30 April 1848 on the reorganization of the pebbles. »;
(f) in paragraph 2, paragraph 1^erthe words “articles 2, 4 to 11, 13, 21, 27 bis to 40, 47 in 48, 54 and 55, 57, 59 and 60, 62 to 67, 74 to 109” are replaced by the words “articles 1^er to 11ter, 13, 15, paragraph 1^er16, 21, 27 bis to 39, 47, 54, 59, 62 to 67, 74 to 109 »;
(g) in paragraph 2, paragraph 2, the words "over 20,000 euros" are replaced by the words "over 75,000 euros" and the words "articles 2, 4 to 11, 13, 14, § 2, 1 to 6°, 10° and 11°, and articles 15, 21, 27bis to 40, 47 and 48, 54 and 55, 57, 59 and 60, 62 to 109" are replaced by the words "articles 1^er to 11ter, 13, 14, § 2, 1° to 6°, 8° to 14°, 16°, 18°, 21° to 23°, 15, 16, 21, 27bis to 32bis, 33ter, § 2, 34 to 39, 47, 54, 59, 62 to 109 »
(h) paragraph 2, paragraph 3, is repealed;
(i) Operative paragraph 2 is supplemented by five subparagraphs as follows:
"Discovery facilities, refundable within one month, are excluded from the scope of this Act, with the exception of the provisions referred to in sections 1^er to 4, 11bis, § 3, 11ter, 21, 27bis, 28 to 33, 37 and 38, 59, § 1^er60 bis, 62-63, 65-84, 86, paragraph 1^er, 87, 90 and 91, 96, 101 to 118.
Uncovered facilities, reimbursable at the lender's request or within a maximum of three months, are excluded from the scope of this Act with the exception of the provisions of sections 1^er to 4, 5, § 1^erParagraph 1^er, 1° to 3° and § 2, 6 to 10, 11bis to 13, 14, §§ 1^er and 3, 15 to 17, 19 to 38, 59, § 1, 60 bis to 118.
Excesses are excluded from the scope of this Act except for the provisions of sections 1^er 4, 5, § 2, 6, 11bis, § 2, 5, 21, 27bis, 28 to 33, 37 and 38, 60ter, 62 to 63, 65 to 84, 86, paragraph 1^er, 87, 90 and 91, 96, 101 to 118.
Credit contracts with an investment company under the Act of August 2, 2002 relating to financial sector monitoring and financial services or with a credit institution referred to in section 1^er, paragraph 2, 1° of the Act of 22 March 1993 relating to the status and control of credit institutions, for the purpose of allowing an investor to make a transaction related to at least one of the financial instruments referred to in section 2, 1°, of the Act of 2 August 2002, when the investment undertaking or the crediting establishment is associated with that transaction, are excluded from the scope of application of this Act with the exception of the provisions^er to 11ter, 14, 15, 21 to 23, 25 to 33ter, 63 to 118.
Credit contracts that provide that payment times or modes of refund are the subject of an agreement between the lender and the consumer when the consumer is already in default of payment for the initial credit contract, and that:
1° such an agreement would be likely to deviate the possibility of a judicial procedure for the said default of payment, and
2° so the consumer would not be subject to less favourable provisions than those of the initial credit contract,
are excluded from the scope of this Act, with the exception of the provisions referred to in Articles 1 to 10, 11 bis to 13, 14, §§ 1^er and 2, 1° to 11°, 15 to 17, 19 to 23, 25 to 60bis, 62 to 118. If the credit contract falls within the scope of paragraph 4, only the provisions of that paragraph apply. The exception referred to in this paragraph may apply only once. »;
(j) Paragraph 3 is replaced by the following:
Ҥ3. The King may determine that certain sections of this Act, designated by him, do not apply:
1° to credit contracts that are granted by an employer to its employees in an incidental, interest-free or aggregate annual rates lower than those in the market and which are not offered to the public in general;
2° to the credit contracts granted, for the purpose of general interest, by public institutions or by private institutions approved for this purpose by the competent authority, to a restricted public and to a lower interest rate than that practised on the market, or without interest, or to other conditions that are more favourable to the consumer than those in force on the market and to interest rates that are not higher than those in the market. »
Art. 5. Section 5 of the Act is replaced by the following:
“Art. 5. § 1^er. Any advertisement that indicates a rate of interest or figures related to the cost of credit for the consumer makes clear, concise, apparent and, where appropriate, audible reference to the following basic information:
1° the debtor, fixed and/or variable rate, accompanied by information relating to all costs included in the total cost of credit for the consumer;
2° the amount of the credit;
3° the overall effective annual rate;
4° the duration of the credit contract;
5° if this is a credit granted in the form of a payment period for a particular property or service, the cash price and the amount of any deposit, and
6° where applicable, the total amount due by the consumer and the amount of instalments.
The King shall determine for any advertisement, regardless of the medium used, the size of the characters with respect to the information relating to the nature of the transaction, its duration, the overall effective annual rate and, if it is a promotional rate, the period during which this rate applies, the fixed or variable character of the debtor rate and the amount of refunds.
The amount of the credit is based on the amount of the average credit that according to the type of credit contract for which an advertisement is made, is representative of all the lender's offers or the credit intermediary. If several types of credit contracts are offered simultaneously, a separate representative example must be provided for each type of credit contract.
§ 2. Except for the advertisement referred to in § 1^er, each advertisement mentions the following message: "Warning, borrowing money also costs money." Whatever the medium used, the King determines the size of the characters of this message.
§ 3. If the conclusion of a contract for an incidental service related to the credit contract, including insurance, is obligatory to obtain the credit or under terms and conditions of business, and its cost cannot be determined beforehand, the obligation to contract this service is also clearly, concise, visible and audible, as well as the overall effective annual rate. »
Art. 6. In section 6 of the Act, the following amendments are made:
1° paragraph 1^er is replaced by the following:
« § 1^er. Is prohibited any advertisement for a credit contract that specifically focuses on:
1° the consumer's incentive, unable to face his debts, to use credit;
2° the development of the ease or speed with which the credit can be obtained;
3° the incentive for the consolidation or centralization of current credits or that specifies that current credit contracts have little or no influence on the appraisal of a credit application.
Is also prohibited any advertisement for a credit contract that:
1° refers to an approval, registration or registration within the meaning of this Act;
2° with reference to the maximum effective annual rate or the legality of the applied rates, gives the impression that these rates are the only ones that can be applied.
Any reference to the legally authorized maximum overall effective annual rate and to the legally authorized maximum debtor rate shall be unequivocally, legible and apparent or, where appropriate, audible and shall specify in a precise manner the maximum legally authorized overall annual effective annual rate; »;
3° indicates that a credit contract can be concluded without information to assess the financial situation of the consumer;
4° mentions another identity, address or quality that is communicated to the SPF Economie, P.M.E., Average Class and Energy by the advertiser in connection with the approval, registration or registration;
5° to indicate a type of credit, uses only a different name than that used in this Act;
6° mentions advantageous rates without specifying the particular or restrictive conditions to which the benefit of these rates is subject;
7° indicates with words, signs or symbols that the amount of the credit is made available in cash or cash. »;
2° the article is supplemented by paragraph 4, as follows:
“§4. Where the advertisement relates to credit contracts that fall both within and outside the scope of this Act, and that the advertising message does not indicate in a clear, visible and, where applicable audible manner, what information relates to which credit contract, this section then applies to all advertising. »
Art. 7. Section 6bis of the Act, inserted by the Act of 24 March 2003, is repealed.
Art. 8. Section 11 of the Act, supplemented by the Act of 24 March 2003, is replaced by the following:
“Art. 11. § 1^er. In good time before the consumer is bound by a contract or offer of credit, the lender and/or, if any, the credit intermediary, give the lender, on the basis of the terms and conditions of the credit proposed by the lender and, possibly, preferences expressed by the consumer and the information provided by the lender, the information necessary to compare the various offers to make a decision in the knowledge of the conclusion of a credit contract. This information is provided on paper or other sustainable support, using the "standard European consumer credit information" listed in Appendix 1^re of this Act. The lender is presumed to have complied with the information requirements set out in this subsection and section 50 of the Act of 6 April 2010 on market practices and consumer protection, provided that the lender has provided standardized European credit information to consumers.
This information includes:
1° the type of credit;
2° the identity, including the business number, the lender and, where applicable, the credit intermediary concerned and their geographic address to be taken into account in relation to the consumer;
3° the amount of the credit and the conditions of sampling;
4° the duration of the credit contract;
5° in case of credit granted in the form of a payment period for a particular property or service and related credit contracts, that property or service and its cash price;
6° the debtor rate, the conditions applicable to this rate and, as far as available, any index or reference rate that relates to the initial debtor rate as well as the periods, conditions and procedures for the adjustment of the rate. If different debtor rates apply according to the circumstances, the above information concerns all applicable debtor rates;
7° the overall effective annual rate and the total amount due by the consumer, using a representative example that mentions all the assumptions used to calculate this rate. If the consumer has indicated to the lender one or more of the credit that the lender prefers, such as the duration of the credit contract and the amount of the credit, the lender must consider these elements. If a credit contract provides the consumer with different possibilities for credit levies, with different costs or debt rates, and the lender applies the hypothesis to be determined by the King and reflecting this situation, the King states that the existence of other methods of levies for this type of credit may result in the application of higher overall effective annual rates;
8° the amount, number and periodicity of payments to be made by the consumer and, where applicable, the order in which the payments will be assigned to the different balances due to different debt rates for reimbursement;
9° where applicable, the costs of holding one or more accounts to record both the payment transactions and the credit levies, unless the opening of the account is optional, the costs of using a means of payment allowing both payment transactions and levies as well as any other costs arising out of the credit contract and the conditions under which such fees may be amended in accordance with section 30;
10° where applicable, the existence of notary fees due by the consumer to the conclusion of the credit contract;
11° the obligation to contract an incidental service related to the credit contract, including insurance, where the conclusion of a contract with respect to that service is mandatory for obtaining the credit or in accordance with the terms and conditions of business;
12° the rate of interest applicable in the event of a delay in payment and the terms and conditions of adjustment of the payment and, where applicable, the costs of non-performance of the credit contract;
13° a warning of the consequences of the unpaid;
14° where applicable, the required security rights;
15° the existence or absence of a right of withdrawal;
16° the right to make an advance refund and, where applicable, the right of the lender to an allowance and the method of calculating it in accordance with section 23;
17° the consumer's right to be, in accordance with Article 12, immediately and without charge, informed of the outcome of the consultation of a database for the purpose of assessing its solvency;
18° the consumer's right to receive, on request and without charge, a copy of the draft credit contract. This provision does not apply if, at the time of application, the lender is not willing to enter into the credit contract with the consumer;
19° where applicable, the time limit for which the lender is bound by pre-contractual information.
All additional information that the lender wishes to give to the consumer is provided in a separate document which can be annexed to the "standard European consumer credit information" form.
§ 2. In the event of a voice communication referred to in Article 51 of the Act of 6 April 2010 on market practices and consumer protection, the description of the main characteristics of the financial service referred to in Article 51, paragraph 2 (b) of that Act shall include at least the information referred to in § 1^er, paragraphs 2, 3° to 6° and 8°, the overall effective annual rate by means of a representative example and the total amount due by the consumer.
§ 3. When the contract has been concluded, at the consumer's request, using a remote means of communication that does not provide the required information in accordance with § 1^er, in particular in the case referred to in § 2, the lender shall provide the consumer with all pre-contractual information through the form concerning "European Standardized Consumer Credit Information" immediately after the conclusion of the credit contract.
§ 4. The lenders and, where appropriate, the credit intermediaries provide the consumer with adequate explanations by which the consumer will be able to determine whether the proposed credit contract is appropriate to its needs and financial situation, if any, by explaining the pre-contractual information to be provided in accordance with § 1^er, the essential characteristics of the products offered and the special effects they may have on the consumer, including the consequences of a consumer default.
If a credit opening is offered at a point of sale outside the lender's business or remotely, an appropriate explanation is provided by the lender or, where applicable, by credit for the advantages and disadvantages of that type of credit in relation to sales or temperament loans, if these types of credit are offered by the lender or credit intermediary. This explanation includes the depreciation of capital, the imputation of interests, the aggregate effective annual rates maxima, the period of zeroing and the requirement of the remaining balance due in case of unilateral termination referred to in Article 33ter, § 1^erParagraph 2.
§ 5. The consumer receives, on request and without charge, in addition to the "standard European consumer credit information", a copy of the draft credit contract. This provision does not apply if, at the time of application, the lender is not willing to enter into the credit contract with the consumer. »
Art. 9. In the same law, an article 11bis is inserted:
"Art. 11bis. § 1^er. This section applies:
1° to repayable discoveries at the lender's request or within a maximum period of three months;
2° to uncovered facilities that must be repaid within one month for § 3;
3° to exceedances in respect of § 2, paragraph 2, 5°;
4° to credit contracts with an investment company referred to in Article 3, § 2, paragraph 6;
5° to credit contracts providing for payment times referred to in Article 3, § 2, paragraph 7.
§ 2. By derogation from Article 11, § 1^er, in good time and before the consumer is bound by a contract or offer of credit, the lender and, where appropriate, the credit intermediary give him, on the basis of the terms and conditions of the credit proposed by the lender and, possibly, preferences expressed by the consumer and the information provided by the lender, the information necessary to compare the various offers to make a decision in the knowledge of the conclusion of a credit contract. This information is provided on paper or other sustainable support, using the "standard European consumer credit information" contained in Appendix 2 to this Act. The lender is deemed to have complied with the information requirements set out in this subsection and section 50 of the Act of 6 April 2010 on market practices and consumer protection, if the lender provided the "standard European consumer credit information".
This information includes:
1° the type of credit;
2° the identity, including the business number, the lender and, where applicable, the credit intermediary concerned and their geographic address to be taken into account in relation to the consumer;
3° the amount of the credit;
4° the duration of the credit contract;
5° the debtor rate, the terms and conditions applicable to that rate, any index or reference rate that relates to the initial debt rate, the applicable fees upon the conclusion of the credit contract and, where applicable, the conditions under which such costs may be amended;
6° the overall effective annual rate, using a representative example that mentions all assumptions used to calculate this rate;
7° the terms and conditions under which the credit contract may be terminated;
8° where applicable, an indication that the consumer may be requested at any time to reimburse the total amount of the credit;
9° the rate of interest applicable in the event of a delay in payment and the terms and conditions of adjustment of the payment and, where applicable, the costs of non-performance of the credit contract;
10° the consumer's right to be, in accordance with Article 12, immediately and without charge, informed of the outcome of the consultation of a database for the purpose of assessing its solvency;
11° the information relating to the applicable costs upon the conclusion of the credit contract and the conditions under which such costs may be amended in accordance with Article 30;
12° where applicable, the time limit for which the lender is bound by pre-contractual information.
§ 3. By derogation from Article 11, § 2, in the event of communication by voice telephony referred to in Article 51 of the Law of 6 April 2010 on market practices and consumer protection, and where the consumer requests that the ease of discovery be immediately available, the description of the main characteristics of the financial service, referred to in Article 51, paragraph 2, (b) of that Law, shall contain at least the information provided in § 1^er2, 3°, 5°, 6° and 8°.
§ 4. On request, the consumer receives, without cost, in addition to the "standard European consumer credit information", a copy of the draft credit contract. This provision does not apply if, at the time of application, the lender is not willing to enter into the credit contract with the consumer.
§ 5. Where at the consumer's request, the contract was entered into using a remote means of communication that does not provide the required information in accordance with § 2, including in the cases referred to in § 3, the lender, immediately after the conclusion of the credit contract, complies with the obligation of the lender under paragraph 2 by providing the consumer with the contractual information in accordance with Article 14, to the extent that the lender applies. »
Art. 10. In the same Act, an article 11ter is inserted, which reads as follows:
"11ter. Articles 11, 11bis, and 15, paragraph 1^er, does not apply to suppliers of goods or service providers acting as incidental credit intermediaries. This provision does not affect the lender's obligation to ensure that the consumer receives the pre-contractual information referred to in the said articles effectively.
Do not carry out an incidental activity, the credit intermediary that proposes both a credit contract and a payment instrument that may be used outside of the business or a credit contract that is not intended, wholly or partially, to the purchase of goods or services offered by it. »
Art. 11. In section 12 of the Act, as amended by the Act of 24 March 2003, the following amendments are made:
1° the words ", without delay and without charge, the result of the consultation as well as" are inserted between the words "to the consumer" and the words "identity";
2° the article is supplemented by a second paragraph, as follows:
"The communication referred to in paragraph 1^er is not required where section 12 of the Act of 11 January 1993 on the prevention of the use of the financial system for the purposes of money laundering and the financing of terrorism or other relevant legislation affecting public order or public security prohibits it. »
Art. 12. Section 14 of the Act, amended by the Act of 24 March 2003 and the Royal Decree of 4 April 2004, is replaced by the following:
« 14. § 1^er. The credit contract is concluded by the signature of all contracting parties and is based on paper or other durable support. All contracting parties with a separate interest and credit intermediary shall receive a copy of the credit contract.
Except for the opening of credit, no fixed-term credit contract with capital depreciation is perfect as long as a depreciation table, referred to in § 2, 11° of this Article, has not been handed over to each contracting party with a separate interest.
For a credit opening, the consumer must precede his signature of the mention of the amount of the credit: "Light and approved for... euros on credit." For all other credit contracts, the consumer must precede his signature of the mention of the total amount due by the consumer: "Light and approved for... euros to be refunded". In both cases, the consumer must also mention the date and precise address of the signature of the contract.
§ 2. Except for the credit contracts referred to in § 3, the credit contract clearly and concisely mentions:
1° the type of credit;
2° the name, first name, place and date of birth as well as the domicile of the consumer and, if applicable, the persons who constitute a surest;
3° the identity of the lender, including its business number, its geographic address to be taken into account in relation to the consumer and the contact details of the competent supervisory administration with the Federal Public Service Economy, P.M.E., Average Classes and Energy;
4° where applicable, the identity of the credit intermediary, including its business number, its geographic address to be taken into account in relation to the consumer and the contact details of the competent supervisory administration with the Federal Public Service Economics, P.M.E., Average Classes and Energy;
5° the duration of the credit contract;
6° the amount of the credit and the conditions of the credit. If credit can be disposed of by means of a payment instrument, the rules applicable under the payment services legislation in the event of a loss or theft or misuse of the card or title, as well as, where applicable, the maximum amount for which the consumer assumes the risk arising from misuse by a third party;
7° if the credit is granted in the form of a payment period for a particular property or service, or in the case of related credit contracts, that product or service and its cash price;
8° the debtor rate, the conditions applicable to that rate and, as far as available, any index or reference rate that is related to the initial debt rate, as well as the periods, conditions and procedures for the adjustment of the rate and, if different debtor rates apply according to the circumstances, the information referred to above shall cover all applicable rates;
9° the overall effective annual rate and the total amount due by the consumer, calculated at the time of the conclusion of the credit contract. All assumptions used to calculate this rate are mentioned;
10° the amount, number and periodicity of the payments to be made by the consumer, including a possible deposit, and, where applicable, the order in which the payments will be allocated to the different balances due at different debt rates for reimbursement;
11° in the event of a depreciation of the capital of a fixed-term credit contract, the consumer's right to receive, at his or her request and without charge, at any time throughout the contract, a statement in the form of a damping table. This indicates:
(a) payments due and the periods and conditions of payment of such amounts;
(b) the breakdown of each refund between capital amortization, interest calculated on the basis of the debt rate and, where applicable, additional costs;
(c) if, under the credit contract, the debtor rate is not fixed, a clear and concise statement that the data mentioned in the table will only be valid until the next change in the debtor rate or additional costs in accordance with the credit contract;
12° if there is a payment of costs and interest without capital amortization, a statement of periods and conditions of payment of debtor interest and recurring and non-recurring costs;
13° where applicable, the costs of holding one or more accounts to record both the payment transactions and the debits, unless the opening of an account is optional, the costs of using a means of payment allowing both payment transactions and debits, as well as any other costs arising from the credit contract and the conditions under which such fees may be amended in accordance with section 30;
14° the delayed interest rate applicable in the event of payment delay applicable at the time of the conclusion of the credit contract and the terms and conditions for the adjustment of that rate, as well as, where applicable, the costs of non-performance;
15° a warning regarding the consequences of missing payments;
16° where applicable, the existence of notarial fees;
17° where applicable, the required security and insurance;
18° the existence or absence of a right of withdrawal, the period during which this right may be exercised and the other conditions for exercising it, including information on the obligation of the consumer to repay the capital taken and interest in accordance with section 18, and the amount of the daily interest;
19° of information regarding the rights resulting from Article 24 and their conditions of exercise;
20° the right to early reimbursement, the procedure to be followed and, where appropriate, information on the right of the lender to compensation and the method of determining the lender;
21° the procedure to be followed to terminate the credit contract;
22° the existence or non-existence of extra-judicial complaints and remedies accessible to the consumer and, if such procedures exist, the means of access to the consumer;
23° where applicable, other contractual terms and conditions.
§ 3. For reimbursable discovery facilities at the lender's request or within a maximum of three months, the following information is provided in a clear and concise manner:
1° the type of credit;
2° the name, first name, place and date of birth as well as the domicile of the consumer and, where applicable, the person who constitutes a security right;
3° the name, first name or social name, domicile or head office of the lender and its business number as well as the coordinates of the competent supervisory administration with the Federal Public Service Economie, P.M.E., Average Classes and Energy;
4° where applicable, the name, name or name, the domicile or head office of the credit intermediary and its business number and the contact information of the competent supervisory administration with the Federal Public Service Economics, P.M.E., Average Classes and Energy;
5° the duration of the credit contract;
6° the amount of the credit and the conditions of sampling;
7° the debtor rate, the conditions applicable to this rate and, as far as available, any index or reference rate that is related to the initial debt rate, as well as the periods, conditions and procedures for the adjustment of the rate and, if different debtor rates apply according to the circumstances, the information referred to above shall cover all applicable rates;
8° the overall effective annual rate and the total amount due by the consumer, calculated at the time of the conclusion of the credit contract. All assumptions determined by the King, used to calculate this rate, are mentioned;
9° an indication that it may be requested at any time to the consumer to refund the amount of the credit;
10° the procedure for exercising the right to terminate the credit contract;
11° the information relating to the applicable costs upon the conclusion of the credit contract and the conditions under which these costs may be modified in accordance with Article 30. »
Art. 13. In section 15 of the Act, as amended by the Act of 24 March 2003, the following amendments are made:
1° before paragraph 1^era sub-paragraph is inserted as follows:
"The lender and the credit intermediary are required to seek, within the framework of the credit contracts they usually offer or for which they usually intervene, the type and amount of the credit best suited, taking into account the financial situation of the consumer at the time of the contract and the purpose of the credit. »;
2° the article is supplemented by two paragraphs, written as follows:
"The King determines how the preter provides proof of the Central consultation and the time limit for which this evidence must be retained.
For the application of paragraphs 1^er and 2, each change in the amount of the credit implies the conclusion of a new credit contract. »
Art. 14. Section 16 of the Act, as amended by the Act of 24 March 2003, is replaced by the following:
“Art. 16. § 1^er. As long as the credit contract has not been signed by all parties, no payment can be made, neither by the lender to the consumer or on behalf of the consumer, nor by the consumer to the lender.
Unless otherwise provided in the credit contract, the lender shall make the amount of the credit immediately available by transfer to the consumer's account or to that of a third party designated by the consumer or by cheque.
The provision of credit in cash or cash may only be made in the cases indicated by the King in a deliberate order in the Council of Ministers, taking into account the amount of credit, type of credit, purpose and timing of the conclusion of the credit contract.
§ 2. The lender continues to respond to amounts that he has made to the credit intermediary, in accordance with the credit contract, until they are, in their entirety, made available to the consumer or a third party designated by him. »
Art. 15. In article 17, paragraph 1^er, from the same law, replaced by the Act of March 24, 2003, the word "personal" is repealed.
Art. 16. Section 18 of the Act, as amended by the Acts of 24 March 2003 and 24 August 2005, is replaced by the following:
“Art. 18. § 1^er. The consumer has the right to give up the credit contract for a period of fourteen days, without giving any reason. The period of this right of withdrawal begins to run:
1° on the day of the conclusion of the credit contract, or
2° on the day on which the consumer receives the contractual terms and conditions as well as the information referred to in Article 14, if that date is later than that referred to in 1° of this paragraph.
§ 2. When the consumer exercises his right of withdrawal:
1° it shall notify the lender, by registered letter to the position or by any other support accepted by the lender in accordance with Article 14, § 2, 18°. The deadline shall be deemed to be met if the notification has been sent before the expiry of the notification and
2° in the event of a temporary sale, lease or opening of credit for which under this contract tangible personal property is made available to the consumer, it shall, immediately after notification of the withdrawal, return the goods that it has received and pay to the lender the interest due for the period of the credit;
3° for other credit contracts, he pays to the lender the capital and the accumulated interest on that capital from the date on which the credit was taken up until the date on which the capital is paid, without undue delay and no later than thirty calendar days after sending the notification of the revocation to the lender.
Interest due shall be calculated on the basis of the agreed rate of debt. The lender is not entitled to any other compensation paid by the consumer, except for compensation for non-recoverable expenses that the lender would have paid to a public institution. Payments that are made after the conclusion of the credit contract are refunded to the consumer within 30 days of the withdrawal.
§ 3. The withdrawal of the credit contract entails full resolution of the attached contracts.
§ 4. If the consumer invokes the right of withdrawal referred to in this section, sections 53, 54 and 61 of the Act of 6 April 2010 on market practices and consumer protection do not apply.
§ 5. This section does not apply to credit contracts that are required by law to be entered into by a notary, provided that the notary confirms that the consumer enjoys the rights referred to in sections 11 and 14. »
Art. 17. The following amendments are made to section 19 of the Act:
1st paragraph 1^er is completed by the following words:
", unless the consumer receives the amount of the credit himself and the identity of the seller or service provider is not known by the lender. »;
2° in paragraph 2, the words "The amount of the credit contract" are replaced by the words "The amount of the credit";
3° in paragraph 3, the words "is made obligatoryly in writing" are replaced by the words "is constituted on paper or other durable medium".
Art. 18. In section 20bis of the Act, inserted by the Act of 24 March 2003 and amended by the Act of 24 August 2005, the following amendments are made:
1° in paragraph 2, the words "Without prejudice to Article 45, § 2, the contract of remote credit" are replaced by the words "The contract of remote credit";
2° Paragraph 3 is repealed.
Art. 19. In section 22 of the Act, as amended by the Act of 24 March 2003, the following amendments are made:
1° in paragraph 2 the words "Credit contracts" are replaced by the words "Credit openings". The words "that do not provide for periodic capital reimbursement" are repealed;
2° in paragraph 3, paragraph 1^er, the words "If, pursuant to Article 30, § 2, the credit contract authorizes the adjustment of the overall effective annual rate, it states that in case of adaptation," are replaced by the words "If a credit contract, with the exception of the opening of credit, authorizes the variability of the debtor rate, it states that in case of adaptation,".
Art. 20. In section 23 of the Act, as amended by the Act of 24 March 2003, the following amendments are made:
1° in paragraph 1^er, the words "In this case, it is entitled to a reduction in the total cost of the credit, which corresponds to the interest and expenses due for the residual duration of the contract. are inserted between the words "in anticipation. and the words "He advises the lender";
Paragraph 2 is replaced by the following:
"In the event of an advance repayment of the credit, the lender is entitled to a fair and objectively justified allowance for any costs directly related to the advance repayment of the credit, provided that the advance repayment occurs during a fixed rate period.
If the period between the advance refund and the agreed termination date is more than one year, this allowance may not exceed 1 p.c. of the eligible capital refunded party. If the period does not exceed one year, the allowance may not exceed 0.5 p.c. of the portion refunded in advance capital.
The lender shall communicate to the consumer the amount of compensation claimed, on a sustainable basis, within ten days of receipt of the letter referred to in § 1^er or the receipt, on its account, of the sums refunded by the consumer. This communication includes the calculation of compensation. »;
Paragraph 3 is supplemented by the following paragraphs:
"3° in case of a credit opening;
4° if the advance refund occurs in a period for which the debtor rate is not fixed. »;
4° the article is supplemented by paragraph 4 as follows:
“§4. Any allowance may not exceed the amount of interest that the consumer would have paid during the period between the advance refund and the date of termination of the agreed credit contract. »
Art. 21. In section 24 of the Act, paragraphs 1^er and 2 are replaced by the following:
“Art. 24. When the consumer has exercised a right of withdrawal for a contract for the supply of goods or services, it is no longer bound by a related credit contract.
Where goods or services subject to a related credit contract are not provided, are only partially provided or are not in accordance with the contract for the supply of goods or services, the consumer has the right to appeal against the lender if the consumer has made an appeal against the supplier without gain of cause as he may claim under the law or contract for the supply of goods or services. »
Art. 22. In section 25 of the Act, the words "the Institute of Repayment and Guarantee, credit insurers, collective investment organizations within the meaning of Book III of the Act of December 4, 1990 on financial transactions and financial markets" are replaced by the words "the Fund for the Protection of Deposits and Financial Instruments, credit insurers, collective investment organizations covered by the Act of July 24, 2004 on certain forms of collective investment management".
Art. 23. In section 26 of the Act, as amended by the Act of 24 March 2003, the following amendments are made:
1st paragraph 1^er is supplemented by the following sentence: "This notification is not mandatory when the original lender, in agreement with the new debtor, continues to manage the credit contract with the consumer. »;
2° Paragraph 2 is repealed.
Art. 24. In section 27bis of the Act, inserted by the Act of 7 January 2001, the following amendments are made:
1° in paragraph 2, paragraph 2, the words "in accordance with Article 58, § 3" are replaced by the words "in accordance with Article 33ter, § 1^erParagraph 2;
2° Paragraph 3 is replaced by the following:
“§3. The agreed delayed interest rate may not be higher than the debt rate recently applied to the amount concerned or to the partial periods concerned, plus a maximum coefficient of 10 p.c.. »
Art. 25. In section 29 of the Act, as amended by the Acts of 7 January 2001 and 24 March 2003, the following amendments are made:
(a) in paragraph 1^er2° the words ", in accordance with Article 14, § 3, 4°," are repealed;
(b) the article shall be supplemented by a paragraph 2, which reads as follows:
"Without prejudice to the application of section 33ter, any clause that provides that the lender may at any time in the course of a contract, require the refund of the amount of the credit taken is prohibited and deemed to be unwritten. »
Art. 26. Section 30 of the Act, as amended by the Act of 24 March 2003, is replaced by the following:
"Art. 30. § 1^er. Except as otherwise provided in this Article as to the variability of the debtor rate and the costs associated with the withdrawal services of cash to an automatic ticket distributor and, without prejudice to the application of Article 3, § 2, paragraph 7, any clause to amend the terms of the credit contract shall be deemed not in writing.
§ 2. The credit contract may state that the debtor rate will be changed within the limits of articles 14, § 3, 7° and 21. Without prejudice to the provisions of Article 21, §§ 1^er and 3, credit contracts, with the exception of the opening of credit without a hypothec, may only provide for the variability of the debtor rate under the conditions and in accordance with the rules laid down in Article 9, § 1^er 3 and § 5 of the Act of 4 August 1992 relating to mortgage credit and taken under it. In this case, the notion of "constitutive act" referred to in Article 9, is defined as "credit contract".
The opening of credit may state that the costs associated with cash withdrawal services to an automatic ticket distributor, when not included in the overall effective annual rate, are unilaterally modified. In the event of changes to these costs, the consumer has the right to cancel without charge the opening of credit within two months from the notification of this change. The provisions of Article 16, § 1^er, the Act of 10 December 2009 on payment services is in compliance. This change may take place only once during the period of the opening of credit and the costs initially provided may be increased by not more than 25 p.c. The King can set a calculation method and a maximum for these costs.
§ 3. Where applicable, the consumer is informed of a change in the debtor rate, on paper or on other durable medium, before the change comes into force. This information also indicates, where applicable, the amount of payments to be made after the new debtor rate comes into force and specifies whether the number or periodicity of payments varies.
However, the parties may agree in the credit agreement that the information referred to in the preceding paragraph is communicated periodically to the consumer, when the change in the debtor rate results from a change in the reference rate, that the new reference rate is made public by appropriate means and that information relating to the new reference rate is also available in the lender's premises.
§ 4. When, for an opening of credit without a hypothec, the change in the debtor rate exceeds a margin of 25 p.c. of the initially or previously agreed rate and, for contracts concluded for a period of more than one year, the consumer has the ability to terminate the contract in accordance with the terms referred to in Article 33ter within three months of the date of the notification. Any contractual clause contrary to this provision is void.
§ 5. When all debtor rates are not defined in the contract, it must be considered that the rate is fixed only for the partial periods for which the debtor rates have been determined exclusively using a given fixed percentage agreed upon at the conclusion of the credit contract. »
Art. 27. In section 31 of the Act, as amended by the Act of 24 March 2003, the following amendments are made:
1° in paragraph 1^erthe words "Without prejudice to the application of § 4" are repealed;
2° Paragraph 4 is repealed.
Art. 28. Section 32 of the Act is replaced by the following:
"Every clause in a credit contract that authorizes the lender to claim compensation to the consumer, if the lender has not paid in whole or in part the amount of the credit awarded. »
Art. 29. In chapter 3, section 2, of the Act, a sub-section 5bis is inserted entitled "From the indefinite credit contract and the right to suspend credit levies".
Art. 30. In subsection 5bis, inserted by section 29, an article 33ter is inserted, as follows:
"Art. 33ter. § 1^er. The consumer may, at any time and without charge, terminate an indefinite credit contract, unless the parties have agreed to a notice period. This period may not exceed one month. The consumer exercises his right of termination by sending the lender a registered letter to the position or another support accepted by the lender.
If the credit contract provides, the lender may terminate an undetermined credit contract by giving the consumer a notice of at least two months on paper or other durable support. When the lender exercises his right, he shall notify the consumer, by registered letter to the post or any other support accepted by the consumer.
§ 2. If the credit contract provides, the lender may, for objectively justified reasons, in particular if the lender has information to consider that the consumer will no longer be able to meet its obligations, suspend the consumer's right to levy under a credit contract. The lender shall inform the consumer of the suspension and the reasons for the suspension on paper or other durable medium, if possible before the suspension and at the latest immediately after, unless the communication of this information is prohibited by another legislation or is opposed to public or public safety objectives. »
Art. 31. In section 34, paragraphs 1^er and 2, of the same Act, as amended by the Act of 24 March 2003, the word "personal" is repealed each time.
Art. 32. In section 35 of the Act, the word "personal" is repealed.
Art. 33. In section 36 of the Act, the word "personal" is repealed.
Art. 34. In article 38, §§ 2 and 3, of the same law, the word "personal" is repealed each time.
Art. 35. Sections 40, 41, 45 and 48 of the Act are repealed.
Art. 36. In section 49 of the Act, as amended by the Act of 24 March 2003, the following amendments are made:
1° in paragraph 1^erthe words "the amount of the credit referred to in Article 14, § 2, 4°" are replaced by the words "the amount of the credit referred to in Article 1, 20°";
2° Paragraph 3 is replaced by the following:
Ҥ3. Without prejudice to the provisions of Article 14, the lease agreement states:
1° if the purchase option can be lifted at several times, the total amount due by the consumer until the purchase option can be lifted for the first time and for the last time. If at the conclusion of the credit contract, the residual value can only be determined using parameters, the credit contract must mention on the one hand, the total amount of the payments to be made and, on the other hand, the minimum and maximum residual value calculated on the basis of these parameters, to be paid by the consumer at the time the purchase option is lifted;
2° where applicable, the amount of security and the lender's commitment to make the income of the security deposit available to the consumer. »
Art. 37. Sections 55 to 58 of the Act are repealed.
Art. 38. Section 59 of the Act, as amended by the Acts of 24 March 2003 and 10 December 2009, is replaced as follows:
« § 1^er. For each credit opening, the consumer is regularly informed, on paper or on another sustainable medium, using an account statement with the following information:
1° the specific period on which the account is recorded;
2° the amounts taken and the date of the sampling;
3° the total amount remaining due to the previous statement and the date of the preceding statement;
4° the new total amount remaining due;
5° the date and amount of payments made by the consumer;
6° the debtor rate applied;
7° the amounts distinct from all charges applied;
8° where applicable, the minimum amount to be paid and interest.
§ 2. For credit openings other than uncovered facilities, the following additional information is provided:
1° where applicable, the remaining balance due to the previous statement;
2° where applicable, the separate dates of the costs due;
3° the date and amount of interest due by applied rate of debt as well as an indication of the method of calculating these interest on the remaining balance due using the debtor rate. »
Art. 39. Section 60 of the Act, as amended by the Act of 24 March 2003, is repealed.
Art. 40. Section 60bis of the Act, inserted by the Act of 24 March 2003, is replaced by the following:
"Art. 60bis. § 1^er. Where an uncovered credit opening occurs, while the lender explicitly prohibits any discoveries exceeding the amount of the authorized credit, the lender must suspend the credit levies and require the refund of the unauthorised uncovered amount within a maximum period of forty-five days from the day of the unauthorised discovery.
In this case, only late interest and expenses expressly agreed and authorized by this Act may be claimed. Delay interest is calculated on the amount of unauthorised discovery.
The lender informs the consumer, without delay, on paper or on another sustainable medium:
(a) unauthorised discovery;
(b) the amount of unauthorised discovery;
(c) all penalties and any fees or interest applicable to the amount of unauthorised discovery.
§ 2. If the consumer does not comply with the obligations under the preceding paragraph, the lender terminates the contract in accordance with section 29, 3°, or by innovation establishes a new contract with a higher amount of the credit, in accordance with all the provisions of the law. »
Art. 41. Section 60ter of the Act, inserted by the Act of 24 March 2003, is replaced by the following:
"Art. 60ter. When a exceedance reaches at least 1.250 euros and extends for a period of more than one month, the lender informs the consumer, without delay, on paper or on another sustainable medium:
(a) overtaking;
(b) the amount of the overrun;
(c) the debtor rate, all penalties and all charges applicable to the amount of the overrun.
The King can change that amount. As long as the information referred to in the preceding paragraph is not provided, the lender may not apply on the amount of the exceedance as the last applied debt rate, excluding any penalty, allowance or interest of delay.
If the exceedance is not cleared after a period of three months from the date of its occurrence, the lender shall suspend the credit levies and terminate the contract in accordance with section 29, paragraph 1^er, 3°, or it establishes by innovation a new contract with a higher amount of credit, in accordance with all the provisions of the law. »
Art. 42. Section 63, § 3, of the Act, as amended by the Act of 24 March 2003, is replaced by the following:
“§3. The credit intermediary can only intervene for credit contracts with registered or registered lenders. »
Art. 43. Section 66 of the Act is repealed.
Art. 44. In section 69 of the Act, amended by the Acts of 6 July 1992, 4 August 1992, 5 July 1998, 11 December 1998, 10 August 2001 and 22 December 2003 and the Royal Decree of 4 April 2004, the following amendments are made:
(a) in paragraph 1^erthe words "or the person who constitutes a security right" are inserted after the words "consumer";
(b) in paragraph 3, paragraph 1^erthe words "or the person who constitutes a security right" are inserted between the words "of the consumer" and the words ", the amount";
(c) in paragraph 3, paragraph 3, paragraph 1°, the words "consumer, who may be treated as long as the consumer" are replaced by the words "consumer or person who constitutes a security right, who may be treated as long as the consumer or person who constitutes a security right";
(d) in paragraph 4, paragraph 1^er1° is replaced by the following:
"1° lenders registered or registered under this Act; »;
(e) in paragraph 4, paragraph 1^er, 4°, the words "bank and financial" are replaced by the words "bank, financial and insurance";
(f) paragraph 4, paragraph 1^er, 5° is replaced by the following:
"5° the payment service providers referred to in the Act of 10 December 2009 on payment services, to the extent that they communicate, on the basis of reciprocity rules, their data on payment services to the file referred to in section 68; »;
(g) in paragraph 4, paragraph 1^er, 6°, in fine, the words "under section 72 of this Act" are repealed;
(h) in paragraph 4, paragraph 1^er, 9°, the words "72, § 15" are repealed;
(i) paragraph 4, paragraph 1^er, is completed by 10° and 11°, written as follows:
"10th persons who exercise a friendly debt collection activity of the consumer and who, for this purpose, in accordance with Article 4, § 1^er, of the Act of 20 December 2002 on the amicable recovery of consumer debts, are registered with the Federal Public Service Economy, P.M.E., Average Classes and Energy; »;
11° the Commission for the Protection of Privacy as part of its mission. »;
(j) in paragraph 4, paragraph 2, the words "means of payment" are replaced by the words "payment services covered by the Act of 10 December 2009 on payment services" and the paragraph is supplemented by the following sentence: "This information cannot be used for commercial prospecting purposes. »;
(k) in paragraph 4, paragraph 3, the words "as well as persons authorized by the King to carry out credit insurance transactions pursuant to the Act of 9 July 1975 on the control of insurance companies" are repealed;
(l) in paragraph 4, paragraph 4, the words "banking and financial commission" are replaced by the words "banking, financial and insurance board, the agents referred to in paragraph 1^er, 9°, and the Commission for the Protection of Privacy".
Art. 45. In section 70 of the Act, as amended by the Acts of 11 December 1998, 10 August 2001 and 24 March 2003, the following amendments are made:
1° in paragraph 1^erParagraph 1^erthe words "or a person who constitutes a security right" are inserted between the words "a consumer" and the words "is for the first time";
2° in paragraph 2, paragraph 1^erthe words "or person who constitutes a security right" are inserted between the words "any consumer" and the words "may exercise";
3° in paragraph 2, paragraph 2, the words "The consumer can" are replaced by the words "The consumer and the person who constitutes a security right can".
Art. 46. Section 72 of the Act is repealed.
Art. 47. In section 73 of the Act, the words "of the Oversight Committee and if it is purchased" are repealed.
Art. 48. In section 81 of the Act, the following amendments are made:
1° in paragraph 2, 2°, the words "or within a time limit set by them" are inserted between the words "on first requisition" and the words "and without displacement";
2° Paragraph 3 is replaced by the following:
“§3. In the performance of their duties, the agents referred to in § 1^er may require the assistance of the police forces. »
Art. 49. In Article 82, § 1^erParagraph 1^er, of the same law, the words "by the Minister of Economic Affairs" are replaced by the words "or may be the subject of a cessation action formed at the initiative of the Ministers with Economy or Consumption in their powers".
Art. 50. In section 86 of the Act, as amended by the Act of 24 March 2003, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"Without prejudice to the sanctions of common law, the judge cancels the contract or reduces the obligations of the consumer to the maximum of the sum at the cash or the amount borrowed, where the lender does not comply with the statements referred to in article 14, § 1^erParagraph 2, § 2, 5° to 14°, 18° and 20° to 22°. The judge may take a similar measure when the lender does not respect the mentions referred to in article 14, § 2, 1° to 4°, 15° to 17°, 19° and 23°. »;
2° in paragraphs 2 and 3, the word "personal" is repealed.
Art. 51. In section 89 of the Act, amended by the Act of 24 March 2003, the words "in section 16" are replaced by the words "in section 16, § 1^erParagraph 1^er "
Art. 52. In section 91, paragraph 1^er, amended by the Act of 24 March 2003, the words "Articles 27bis, § 4, 30, § 2, and 59, §§ 1^er and 2 are replaced by the words "Articles 27bis, § 4, 30, §§ 2 to 4, and 59, §§ 1^er and 2".
Art. 53. Article 92, paragraph 1^erin the same Act, as amended by the Act of 24 March 2003, the following amendments are made:
(a) at 1°, the words “in articles 10, paragraph 1^er11 and 15 are replaced by the words "subsections 10, paragraph 1^er11, 11bis, 11ter and 15";
(b) at 2°, the words “in articles 10, paragraph 1^er, 11, 63, §§ 1^er2, 3, 2, 4 and 5, and 64, § 1^er are replaced by the words "subsections 10, paragraph 1^er, 11, 11 bis, 15, paragraph 1^er, 63, §§ 1^er2, 4 and 5, and 64, § 1^er "
Art. 54. In section 97 of the Act, amended by the Act of March 24, 2003, the word "personal" is repealed.
Art. 55. Section 100 of the Act, as amended by the Act of 24 March 2003, is repealed.
Art. 56. Article 101, § 1^erthe same Act, as amended by the Acts of 11 November 1994, 11 December 1998, 10 August 2001, 20 December 2002, 24 March 2003 and 24 August 2005, the following amendments are made;
(a) at 1°, (a), the words "by the Minister of Economic Affairs" are repealed;
(b) at 1°, (b) the words "by the Minister of Economic Affairs" are repealed;
(c) at 13°, the words "at Articles 72 and 81" are replaced by the words "at Article 81";
(d) 15° is repealed;
(e) 16° is replaced by the following:
"16° the person who contravenes the provisions of Articles 5 and 6; »;
(f) the article is supplemented by the 20°, 21°, 22° and 23° written as follows:
"20° the person who, in contravention of the provisions of Article 10, as a lender or intermediary of credit, knowingly requests the consumer or the person who constitutes a security of unauthorized, inaccurate or incomplete information;
21° who, as a lender or credit intermediary, does not provide the consumer with standardized European consumer credit information referred to in articles 11, § 1^erParagraph 1^er, and 11bis, § 2, paragraph 1^eror knowingly, in violation of articles 11, § 4, and 15, paragraph 1^er, does not provide the best-adapted information or does not seek the best-adapted credit;
22° he who as a lender contravenes the provisions of articles 14 and 49;
23° he who, in contravention of the provisions of Article 15, paragraph 2, as a lender knowingly concludes a credit contract to which he must reasonably consider that the consumer will not be able to comply with the obligations arising therefrom. »
Art. 57. In section 106 of the Act, as amended by the Act of 24 March 2003, the following amendments are made:
1° the words "the Minister of Economic Affairs" are replaced by the words "the Minister who has the Economy in his or her powers";
2° the words "the Banking and Financial Commission" are replaced by the words "the Banking, Financial and Insurance Commission".
Art. 58. In section 107 of the Act, the words "the Minister of Economic Affairs" are replaced by the words "the Minister who has the Economy in his or her office or delegate".
Art. 59. Section 108 of the Act, repealed by the Act of 24 March 2003, is reinstated in the following wording:
"Art. 108. By derogation from sections 75bis, 106 and 107 and without prejudice to the application of paragraph 2, the Minister who has the Economy in his or her assignments or delegate may, by decision notified by registered letter to the position, withdraw the lender's approval or remove the registration of the credit intermediary, which has not commenced their activities twelve months after the assignment of the licence, cease their approval or registration, shall be declared
When a lender who submits to the registration his activity in Belgium, has not commenced this activity within twelve months of the registration, has waived his registration, is declared bankrupt or ceased his activities in Belgium, the Minister or his delegate may, provided that the procedure referred to in Article 75bis, § 3, declare that the registration loses its effect. »
Art. 60. In section 109, as amended by the Act of 24 March 2003, the words "sections 5 to 9, 14, 29 to 31, 33, 33 bis, 40, 41, 48, 49, 55 to 58, 63 to 65, of this Act" are replaced by the words "sections 5 to 9, 14, 29 to 31, 33 to 33ter, 63 to 65, of this Act."
Art. 61. Section 110 of the Act, as amended by the Act of 24 March 2003, is amended by paragraph 4, as follows:
Ҥ4. The King may coordinate the provisions of this Act with the provisions that would have expressly or implicitly amended them at the time the coordination is established.
To this end, He may:
1° amend the order, numbering and, in general, the presentation of the provisions to be coordinated;
2° amend the references contained in the provisions to be coordinated with a view to aligning them with the new numbering;
3° amend the drafting of the provisions to be coordinated in order to ensure their consistency and to unify the terminology, without prejudice to the principles enshrined in these provisions.
The coordination will bear the title determined by the King. »
Art. 62. In Article 115 of the Act, as amended by the Act of 24 March 2003, the words "3, 5, 14, 21, 22, 65, § 3, and 110 of this Act are subject to the opinion of the Council of Consumer Affairs by the Minister of Economic Affairs" are replaced by the words "3, 5, 16, § 1^erParagraph 3, 21, 22, 30, § 2, paragraph 2, paragraph 2, 60ter, 65, § 3, and 110 of this Act are subject to the advice of the Council of Consumer Affairs by the Minister who has the Economy in his powers".
Art. 63. In Article 116 of the Act, amended by the Act of 10 August 2001, the words "Articles 3, § 1^er, 4°, and § 3, 5, 21, 22, 23, 69 and 70 are replaced by the words "articles 3, § 1^er, 3°, and § 3, 5, 16, § 1^erParagraph 3, 21, 22, 23, 30, paragraph 2, paragraph 2, 60, 69 and 70."
CHAPTER 3. - Amendments
Art. 64. In Article 19, § 2, in fine, of the Law of July 5, 1998 on the collective settlement of debts and the possibility of the sale of the seized immovable property, as amended by the Law of December 13, 2005, the words "the identification number of the National Register" are inserted between the words "on which they bear by their" and the words "name, first name, and date of birth".
Art. 65. In Article 2 of the Act of 10 August 2001 on the Central of Credits to Individuals, the following amendments are made:
(a) the 3° is replaced by the following:
"3° consumer credit contract: the contract submitted totally or partially to the law of 12 June 1991 on consumer credit, excluding the contracts referred to in Article 3, § 2, paragraphs 1^er and 3 of that Act; »;
(b) the 4th is completed by the words:
"and consented to a natural person who acts primarily for a purpose that may be considered foreign to his or her commercial, professional or artisanal activities; »;
(c) at 6°, the word "only" is replaced by the word "mainly";
(d) the article is supplemented by the 7th written as follows:
"7° the person who constitutes a security right: the person, other than the borrower, who in the context of a consumer credit contract or a mortgage loan agreement is a security right. »
Art. 66. In section 3 of the Act, the following amendments are made:
(a) in paragraph 1^er, the 1st is supplemented by the words: "with the exception of exceedances covered by the Act of 12 June 1991 on consumer credit; »;
(b) in paragraph 2, the 1st is supplemented by the words "and the person who constitutes a security right";
(c) in paragraph 2, the 6° is supplemented by the words "to the borrower".
Art. 67. In Article 5, paragraph 1^erin the same law, the words "and persons who constitute a security right" are inserted between the words " borrowers" and the words ", lenders use".
Art. 68. In section 6 of the Act, the following amendments are made:
1° paragraph 1^er is supplemented by a paragraph that reads as follows:
"Every security agreement for which the person who constitutes the security right is registered in accordance with Article 3, § 2, 1°, shall mention:
1st clause: "The credit contract for which you constituted this security right is the subject of a registration at the Central Credits to the Individuals where, in accordance with Article 3, § 2, 1st of the Law of 10 August 2001 on the Central Credits to the Individuals, you are registered as a person who constituted a security right. »;
2° the information referred to in paragraph 1^er2° to 4°;
2° paragraph 2, paragraph 2, is supplemented by the 5°, as follows:
"5° the coordinates of the competent supervisory administration with the Federal Public Service Economy, P.M.E., Average Classes and Energy and the Privacy Protection Commission. »
Art. 69. In section 7 of the Act, the following amendments are made:
1° the words "and each person who constitutes a security right" are inserted between the words "every borrower" and the words "access";
2° the words "and that the borrower indicates" are replaced by the words "and that the registered person indicates".
Art. 70. In Article 8, § 1^erparagraph 1^er is replaced by the following:
"According to the rules that the King determines, the Bank can only communicate the information to:
1st persons referred to in Article 69, § 4, paragraph 1^er1° to 4°, 7° to 9° and 11° of the law of 12 June 1991 on consumer credit;
2° persons referred to in Article 69, § 4, paragraph 1^er5°, of the same law, to the extent that these persons also have an approval as a lender;
3° persons referred to in Article 69, § 4, paragraph 1^er, 10°, of the same law, but only with regard to the data of the credit contracts that they have actually resumed under their amicable debt collection activity. »
Art. 71. In section 9, of the Act, the words "with the exception of the overtaking referred to in the Act of June 12, 1991 on consumer credit" are inserted between the words "a consumer credit contract" and the words "or the delivery of an offer".
CHAPTER 4. - Abrogatory provisions
Art. 72. Are repealed:
1° the Act of 14 July 1998 imposing an obligation of information on the debtor interest due to the accounts opened to credit institutions or other legal entities;
2° the law of 14 May 2001 regulating the debtor interest due on the accounts in view;
3° the Royal Decree of 11 January 1993 determining the terms of consultation and the conditions to which legal persons who make payment cards available to the consumer must respond to obtain communication of personal data;
4th Royal Decree of 11 January 2006 establishing the financial data to be mentioned in the prospectus, referred to in Article 5, § 3, of the Law of 12 June 1991 on consumer credit.
CHAPTER 5. - Transitional provisions
Art. 73. This Act applies to existing contracts, with the exception of sections 3, 5 to 18, 20 and 21, 25, (a), 31, 35 to 37, 60 and 64.
With regard to the application to the current credit contracts of articles 27bis, 29 and 33ter, §§ 1^erParagraph 1^er, and 2, of the Act of 12 June 1991 on consumer credit, the provisions of the current contracts which are, for imperative or public reasons, contrary to the above-mentioned articles shall be brought to full right the provisions authorized by these articles.
With a view to the application of Article 19, 1° to current contracts, the zeroing period takes place in the first discovered after 1^er January 2011.
Art. 74. Existing approvals and registrations remain valid until their renewal in accordance with section 79 of the Consumer Credit Act of 12 June 1991. Existing registrations remain valid until renewal in accordance with section 79 of the Act and no later than December 31, 2015.
Art. 75. § 1^er. Both current credit contracts and credit contracts entered into after the coming into force of this Act and which, following the extension of the scope of the Consumer Credit Act of 12 June 1991, are subject to registration at the Individual Credit Centre, in accordance with the Act of 10 August 2001, registered in that Central at the date specified by the King and no later than 1^er January 2012.
The registration of persons who constitute a security right, referred to in section 66, (b) and the mentions in the security contract, referred to in section 68, 1°, are only required for new contracts concluded from the date to be determined by the King in a deliberate order in the Council of Ministers after notice of the Central Support Committee of credits to individuals.
§ 2. For credit contracts referred to in § 1^er the communication referred to in Article 6, § 1^er, of the Act of 10 August 2001 on the Central of Credits to the Particuliers, is carried out by 1^er January 2012 in the form of a non-nominative opinion to the Belgian Monitor, from the Minister who has the Economy in his powers.
Persons referred to in Article 4, paragraph 1^er, of the Act of 10 August 2001 on the Central Credits to the Individuals are only required by the communication of the data referred to in Article 3, § 1^er, 1° and 3°, of these credit contracts on the date specified by the King and no later than 1^er January 2012. Registration is no longer required for credit contracts whose remaining duration is less than or equal to six months after the expiry of that date.
However, the identification number of the National Register of Physical Persons must not be communicated to the Central if the lender does not have this number.
CHAPTER 6. - Final provisions
Art. 76. This Act comes into force on the first day of the sixth month following that of its publication to the Belgian Monitor, with the exception of Article 19, 1°, which comes into force on 1^er January 2013.
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 13 June 2010.
ALBERT
By the King:
Minister of Enterprise and Simplification,
VAN QUICKENBORNE
Minister for Consumer Protection,
P. MAGNETTE
Minister of Finance,
D. REYNDERS
Minister of Justice,
S. DECLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
Documents of the House of Representatives:
52-2468 - 2009/2010:
Number 1: Bill.
N^bones 2 and 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary and transmitted to the Senate.
Full report: 29 April 2010.
Documents of the Senate:
4-1765 - 2009/2010:
Number 1: Project referred to by the Senate.
Number two: Report.
No. 3: Decision not to amend.
Annales of the Senate: May 6, 2010.
For the consultation of the table, see image
See to be annexed to the Act of 13 June 2010 amending the Consumer Credit Act of 12 June 1991.
Minister of Enterprise and Simplification,
VAN QUICKENBORNE
Minister for Consumer Protection,
P. MAGNETTE
Minister of Finance,
D. REYNDERS
Minister of Justice,
S. DECLERCK
For the consultation of the table, see image
See to be annexed to the Act of 13 June 2010 amending the Consumer Credit Act of 12 June 1991.
Minister of Enterprise and Simplification,
VAN QUICKENBORNE
Minister for Consumer Protection,
P. MAGNETTE
Minister of Finance,
D. REYNDERS
Minister of Justice,
S. DECLERCK