belgiquelex.be - Carrefour Bank of Legislation

30 DECEMBER 2009. - Justice Act (II) (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in section 78 of the Constitution.
CHAPTER 2. - Amendments to criminal and criminal law
Section I^re. - Amendment of the Criminal Code
Art. 2. In section 490, paragraph 2, 1°, of the Criminal Code, replaced by the Act of 8 August 1997, the words "registration in the register of trade" are replaced by the words "business".
Section II. - Amendments to the Code of Criminal Investigation
Art. 3. In section 112ter of the Code of Criminal Investigation, inserted by the Act of 2 August 2002, paragraph 4 is replaced by the following:
Ҥ4. Without prejudice to the application of section 47bis, at the request of the examining magistrate, the procurator of the King, the person heard or the parties to the trial, the full and literal retranscription of the additional parts of the hearing they designate. It is filed as soon as possible. "
Art. 4. Section 136ter, § 2, of the same Code, inserted by the Act of 31 May 2005, is replaced by the following:
Ҥ2. At the request of the accused, by an application filed at the Court of Appeal's office, the Indictment Chamber is aware of the cases referred to in section 22, paragraph 2, of the Act of 20 July 1990 relating to preventive detention, in which the accused is in pre-trial detention and on which the Board's Chamber would not have ruled, with respect to the settlement of the proceedings, within six months of the issuance of the warrant. "
Art. 5. In section 146 of the same Code, replaced by the Act of 27 February 1956 and amended by the Act of 10 October 1967, a paragraph is inserted between paragraphs 2 and 3:
"When the accused person or one of the defendants is detained preventively, the deadlines may be shortened and the parties summoned to appear within three days. "
Art. 6. Section 182, paragraph 1^erthe same Code, as amended by the Acts of 10 July 1967, 11 July 1994 and 28 March 2000, is supplemented by the following sentence:
"The parties may also appear voluntarily and on a simple warning without a quote. "
Art. 7. In section 187 of the same Code, paragraph 2, as amended by the Act of 15 June 1981, is replaced by the following:
"When the meaning of the judgment has not been given to his person, the defendant may object, in respect of criminal convictions, within fifteen days after the day he has known the meaning. If he has been aware of this by the meaning of a European arrest warrant or an extradition request or that the 15-day period has not yet expired at the time of his arrest abroad, he may object within fifteen days of his release or his release abroad. If it is not established that it has been aware of the meaning, the defendant may object until the statute of limitations of the sentence expires. He may object to civil convictions until the execution of the judgment. "
Section III. - Amendment of Article 28, § 1^erof the Act of 13 March 1973 on compensation for inoperative pretrial detention
Art. 8. Article 28, § 1^erthe following amendments are made to the Act of 13 March 1973 on compensation for inoperative pre-trial detention:
1° (b) is replaced by the following:
"(b) if it has benefited from an order or non-court order; »;
2°(d) is repealed.
Section IV. - Financial assistance to victims of intentional acts of violence and casual saviors
Art. 9. Article 31 of the Act of 1^er August 1985 with tax and other measures, replaced by the Act of 26 March 2003 and amended by the Acts of 27 December 2004 and 27 December 2006, the following amendments are made:
(a) the 2° is replaced by the following:
"2° to successes within the meaning of Article 731 of the Civil Code, to the second degree included, of a person whose death is the direct result of an intentional act of violence, or to persons who lived in a lasting family relationship with it; »
(b) the 3° is replaced by the following:
"3° to the father and mother of a minor victim of age at the time of an intentional act and who meets the requirements of section 31.1°, or to the persons who had that minor at their charge at that time; »;
(c) the 4th is replaced by the following:
"4° to the successes within the meaning of Article 731 of the Civil Code, to the second degree included, of a person who has been missing for more than a year, where the disappearance is likely due to an intentional act of violence, or to persons who have lived in a lasting family relationship with her; »;
(d) at 5°, the words ", to their parents to the second degree or to those who lived with them in a lasting family relationship" are replaced by the words "of the occasional savior, to its successive within the meaning of Article 731 of the Civil Code, to the second degree, or to persons who lived in a lasting family relationship with him. »;
(e) the article shall be supplemented by a paragraph written as follows:
"The commission may grant assistance to the successes referred to in 2°, 4° and 5° of paragraph 1^er regardless of whether or not they have inherited the deceased or disappeared victim or the casual savior under the applicable estate regime in this case or under the last-will arrangements made by the deceased. "
Art. 10. Article 31bis, § 1^erthe same Act, inserted by the Act of 26 March 2003 and amended by the Act of 27 December 2004, are amended as follows:
(a) 2° is repealed;
(b) the 3° is replaced by the following:
« 3° When the author has remained unknown, the applicant must have filed a complaint, acquired the status of an injured person or constituted a civil party.
Where the criminal record has been closed for this reason, the filing of a complaint or the acquisition of the complainant's injured status is sufficient.
The application is filed within three years. The period shall take place, as the case may be, from the day of the first decision to file without action for unknown authors, or the day on which a decision of non-court for unknown authors, which has acquired force of thing tried, was pronounced by an investigating court.
The decision of a civil or repressive court is considered to be a non-judicial decision for unknown authors, discharging the accused or the defendant from the guilt of an intentional act of violence or responsibility for the harmful consequences of it, provided that the decision unduly determines the reality of the intentional act of violence and its consequences, without imputing it to anyone responsible.
Assistance may also be granted where a period of more than one year has elapsed since the filing of a complaint, the acquisition of the quality of an injured person or the date of the civil party's constitution and the author remains unknown. »;
(c) the 4th is replaced by the following:
« 4° When the author is known, the appellant must attempt to obtain compensation for his injury by forming a civil party, having made a direct summons or having initiated proceedings before a civil court.
However, the application may only be filed, as the case may be, after it has been adjudicated on public action by a judicial decision passed in force of a judgment or after a decision of the civil court passed in force of a ruling on the enforceability or compensation of the damage.
The application is filed within three years.
The period shall take place, as the case may be, from the day on which it was finally decided on public action by a decision cast in force of judgment, pronounced by an investigating or adjudicating court, of the day on which a decision on civil interests, cast in force of judgment, was pronounced by the repressive court after the decision on public action, or of the day on which a decision, cast in force of enforceability, »;
(d) paragraph 1^er is supplemented by a point 6° written as follows:
« 6° When the appellant, following circumstances absolutely independent of his or her will, could not file a complaint, could not acquire the quality of an injured person, could not form a civil party, could not initiate an action or could not obtain a judgment or when the introduction of an action or obtaining a judgment appears to be manifestly unreasonable in the light of the insolvency of the author, the Board may "
Art. 11. Article 33, § 1^erin the same Act, replaced by the Act of 26 March 2003, the following amendments are made:
1° in the first draws the words "of the applicant when the applicant" are replaced by the words "of the applicant or the victim when that behaviour";
2° in the second draws the words "or the victim" are inserted between the words "the applicant" and the words "and the author".
Art. 12. In section 34, paragraph 4, first dash, of the Act, replaced by the Act of 22 April 2003 and amended by the Act of 27 December 2004, the following amendments are made:
1° the words "of the complaint" are inserted between the words "as the case may be" and the words "of the decision to file without action";
2° the words "and, if any, the decision on civil interests" are replaced by the words ", the subsequent decision of the repressive judge on civil interests and, where appropriate, the decision of the civil court; "
Section V. - Amendments to the Act of 20 July 1990 on preventive detention
Art. 13. Article 22bis, paragraph 1^erthe Act of 20 July 1990 on pre-trial detention, which was inserted by the Act of 31 May 2005, is replaced by the following:
"If a pre-trial detention order is made pursuant to section 22, paragraph 2, or pursuant to section 136ter, § 4, of the Code of Criminal Investigation, the release may be granted by the board's board on request filed by the accused at the office of the board's chamber. "
Art. 14. In section 35, § 4, paragraph 5, of the same Act, the sentence "However, in the event of dismissal of proceedings, acquittal, absolution or conditional conviction, the judgment or order restitution of the judgment or order, except for the extraordinary costs to which the failure to appear may have taken place. » is replaced by the sentence:
"However, in the event of removal of proceedings, acquittal, absolution, conditional sentence or limitation of public action, the judgment or order of restitution, unless the extraordinary costs to which the failure to present itself may have taken place. "
CHAPTER 3. - Amendments to civil law and private international law
Section I^re. - Amendment of Article 1426, § 3, Civil Code
Art. 15. In article 1426, § 3, of the Civil Code, replaced by the law of 14 July 1976, the words "the central register of trade" are replaced by the words "the Bank-Carrefour des Entreprises".
Section II. - Amendments to the Act of 16 July 2004 on the Code of Private International Law, with a view to adapting it to Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations ("Rome II")
Art. 16. In section 98 of the Act of 16 July 2004 on the Code of Private International Law, the following amendments are made:
1° the title of the article is replaced by the following: "Implementation of international obligations instruments";
2° the article is supplemented by paragraphs 4 and 5 as follows:
Ҥ4. The law applicable to non-contractual obligations is determined by Regulation (EC) No. 864/2007 of the European Parliament and the Council of 11 July 2007 on the law applicable to non-contractual obligations ("Rome II").
The non-contractual obligations that this regulation excludes from its area of application are governed by the law applicable under this Act.
§ 5. The law applicable to road traffic accidents is determined by the Convention on the Law Applicable to Road Traffic Accidents, concluded at The Hague on 4 May 1971. "
Art. 17. In section 99 of the Act, subsection 2 is replaced by the following:
Ҥ2. However, the obligation of defamation or infringement of privacy or personality rights is governed by the law of the State in the territory of which the act or damage occurred or threatens to arise, at the choice of the applicant, unless the person responsible determined that it could not provide that the damage would arise in that State. "
Section III. - Filiation
Art. 18. Section 25 of the Act of 1^er July 2006 amending provisions of the Civil Code relating to the establishment of filiation and its effects, as amended by the Act of 27 December 2006, is supplemented by a paragraph 6, which reads as follows:
Ҥ 6. Existing section 319bis of the Civil Code, as applicable before the coming into force of this Act, remains applicable to recognitions that have been made prior to the coming into force of this Act.
The author of the recognition may, however, make a new recognition in accordance with the provisions in force at the time of recognition. "
Art. 19. Article 25, § 6, of the Law of 1^er July 2006 amending provisions of the Civil Code relating to the establishment of filiation and its effects, recognitions made prior to the coming into force of the Act of 1^er July 2006 and which were not approved, in accordance with former article 319bis of the Civil Code, remain final:
1° when before the coming into force of this Act, they were considered final under new section 319bis of the same Code, as replaced by the law of 1^er July 2006, and a statement in this direction was entered on the margins of the act of recognition or birth;
2° where, prior to the coming into force of this Act, it was decided by judicial decision that the application for registration was inadmissible or not applicable following the entry into force of new article 319bis of the same Code.
CHAPTER 4. - Amendments to judicial and commercial law
Section I^re. - Amendments to the Judicial Code concerning judicial expertise
Art. 20. In section 962 of the Judicial Code, as amended by the Act of 15 May 2007, two paragraphs are inserted between paragraphs 1^er and 2:
"The judge may designate the experts on whom the parties agree. It can only deviate from the choice of parties by a reasoned decision.
In the absence of agreement between the parties, the experts only give an opinion on the mission provided for in the judgment. "
Art. 21. Section 963 of the Code, repealed by the Act of 15 May 2007, is reinstated in the following wording:
"Art 963. § 1. Except for decisions taken under sections 971, 979, 987, paragraph 1^erand 991, decisions regulating the conduct of the expert review procedure are not subject to opposition or appeal.
§ 2. Decisions that remain subject to ordinary appeal under § 1^er are enforceable by provision, notwithstanding opposition or appeal. By derogation from article 1068, paragraph 1^er, the appeal against these decisions does not refer to the merits of the dispute the appellate judge. "
Art. 22. The following amendments are made to section 971 of the Code:
1° paragraph 4 is repealed;
2° Paragraph 5 is replaced by the following:
"In the case of paragraph 2 and paragraph 3, in fine, the judge shall appoint the new expert, unless, in the judgment, the parties have agreed to that choice. However, the judge may derogate from the choice of parties by a reasoned decision. "
Art. 23. In section 972, of the same Code, replaced by the Act of 15 May 2007, the following amendments are made:
1° in paragraph 1^er :
(a) in the Dutch text, in paragraph 1^er, in the layout under the third dash, the word "nauwkeurig" is replaced by the word "nauwkeurige";
(b) in paragraph 1^erthe provision under the fourth dash is repealed;
(c) paragraph 2 is supplemented by the words ", unless all parties who have appeared have requested, before the decision ordering the expertise is made, a suspension of the notification. In case of suspension, each party may at any time request notification of the decision";
(d) paragraphs 3 and 4 are replaced by the following:
"After the notification, the expert has eight days to refuse the mission, if he wishes, by properly motivating his decision. The expert shall notify the parties who have failed by registered letter to the position and the parties who have appeared, their advice and the judge by missive letter, fax or e-mail. In this case, the parties shall, within eight days, submit their comments to the judge who then designates a new expert. This decision is notified in accordance with Article 973, § 2, paragraph 5.
If no installation meeting has been scheduled, the expert shall have fifteen days from the notification made in accordance with paragraph 2 or, if any, from the notification of the consignation of the provision in accordance with Article 987 to communicate the place, day and time of the commencement of his work. The expert advises the parties by registered letter to the position and the judge and counsel by missive letter. "
Paragraph 2 is replaced by the following:
Ҥ2. In the decision ordering the expertise, the judge shall establish an installation meeting if he considers it necessary or if all the parties appearing make the request.
The judge fixes the place, day and hour of the installation meeting in consultation with the expert and taking into account Article 972bis, § 1^erParagraph 2.
The installation meeting shall take place in the board's chamber, or in any other place designated by the judge according to the nature of the dispute.
The presence of the expert at the installation meeting is required, unless the judge considers that it is not necessary and that contact by telephone or by any other means of telecommunications is sufficient.
In the event of the absence of the unjustified expert pursuant to paragraph 4, the judge shall immediately decide on his replacement in accordance with section 979. In the event of replacement, a new installation meeting is organized without delay in accordance with the terms and conditions set out in paragraph 2. This decision is notified in accordance with Article 973, § 2, paragraph 5.
The judge who ordered the expertise or who is responsible for its control presides over the installation meeting.
The decision taken after the installation meeting specifies:
1° the possible adaptation of the mission, if the parties agree on this point;
2° the place, day and time of the subsequent work of the expert;
3° the need for the expert to appeal to technical advisers;
4° the estimation of the overall cost of the expertise or, at least, the method of calculating the costs and fees of the expert and possible technical advisers;
5° where applicable, the amount of the provision to be recorded, the party(s) required to do so, and the time limit within which the summons must be made;
6° the reasonable part of the provision that may be released for the benefit of the expert, the party(s) required to do so and the time limit for the release of the provision to be made;
7° the period in which the parties may make their submissions in respect of the expert's preliminary opinion;
8° the deadline for filing the final report.
In the absence of an installation meeting, the judge mentions in his decision by which he orders the judicial expertise at least the elements referred to in 3°, 4°, 5°, 6° and 8°. He may mention the other elements. For the elements to which he considers it necessary and prior to his decision, the judge contacts the designated expert.
The notification of this decision by the Registrar shall take place in accordance with Article 973, § 2, paragraph 3. "
Art. 24. In section 972bis, § 1, of the same Code, inserted by the Act of 15 May 2007, paragraph 2 is replaced by the following:
"At least eight days prior to the installation meeting and, if not, at the beginning of the work, the parties shall give the expert an inventory record of all relevant documents. "
Art. 25. In Article 973, § 2, paragraph 5, of the same Code, replaced by the law of May 15, 2007, the words ", the refusal of the expert to perform the mission or the unjustified absence of the expert at the installation meeting" are inserted between the words "replacement request" and the words ", the decision is notified".
Art. 26. In section 974, § 2, of the same Code, replaced by the Act of 15 May 2007, paragraph 1^er is replaced by the following:
"Only the judge may extend the deadline for filing the final report. for this purpose, the expert may address the judge before the expiry of this period, indicating the reasons why the deadline should be extended. This application is notified in accordance with Article 973, § 2, paragraph 3, except to the requesting expert. The parties shall submit their comments within eight days. The judge may order the appearance of the parties and experts in accordance with Article 973, § 2. "
Art. 27. Section 976 of the Judicial Code, replaced by the Act of 15 May 2007, is replaced by the following:
"Art. 976. At the end of his work, the expert sends for reading to the judge, the parties and their counsel, his findings, to which he already attached a preliminary notice. unless previously determined by the judge. The expert sets a reasonable time frame, given the nature of the dispute, in which the parties must make their submissions. Unless otherwise decided by the judge or particular circumstances referred to by the expert in his or her preliminary opinion, the time limit is not less than fifteen days.
The expert receives comments from the parties and their technical advisors before the expiry of this period. The expert does not take into account any comments he receives lately. These observations may be waived by the judge on an ex officio basis.
When after receiving the comments of the parties, the expert considers that further work is essential, he requests authorization from the judge in accordance with Article 973, § 2. "
Art. 28. In section 977 of the same Code, replaced by the Act of 15 May 2007, the following amendments are made:
1° in paragraph 1^erParagraph 2 is replaced by the following:
"If the parties reconcile, their agreement is found in writing. The parties may act in accordance with Article 1043. »;
2° in paragraph 2, paragraph 1^er, the words ", parts and notes of the parties" are repealed;
3° paragraph 2 is supplemented by a paragraph which reads as follows:
"The original documents communicated to the expert by the parties are returned to them. "
Art. 29. In section 978, § 2, of the same Code, replaced by the Act of 15 May 2007, the following amendments are made:
1° in paragraph 1^erthe words ", documents and notes of the parties" are repealed;
2° the paragraph shall be supplemented by a paragraph which reads as follows:
"The original documents communicated to the expert by the parties are returned to them. "
Art. 30. In Article 979, § 1^er, of the same Code, replaced by the Act of 15 May 2007, paragraph 2 is replaced by the following:
"If the parties jointly make the request in a reasoned manner, the judge must replace the expert. This request is addressed by misdemeanor to the judge, who decides within eight days without summons or appearance of parties. In this regard, the judge may designate the experts on whom the parties agree. It can only deviate from the choice of parties in a motivated manner. The decision taken by the judge is notified in accordance with Article 973, § 2, paragraph 5. "
Art. 31. Section 985 of the same Code, replaced by the Act of 15 May 2007, is replaced by the following:
"Art. 985. The judge may hear the expert at the hearing. The expert, the parties and their counsel shall be summoned to the hearing in accordance with Article 973, § 2, paragraph 3.
The expert can help himself with documents at the hearing. If the expert deems it appropriate, he may transmit to the parties or their counsel a copy of these documents or file them in the Registry prior to his hearing. These documents are, at the latest, filed in the registry by the expert immediately after his hearing. Documents filed in the Registry may be consulted by the parties or their advice.
The expert shall, before being heard, take the oath in the following terms:
"I swear to report in honour and conscience, with accuracy and probity. »;
Or
"Ik zweer dat ik in eer en geweten, nauwgezet en eerlijk verslag zal doen. »;
Or
"Ich schwöre mein Gutachten auf Ehre und Gewissen, genau und ehrlich abzugeben. "
The expert's statements are made in a record signed by the judge, the clerk, and by himself after reading and observations as appropriate.
The judge shall immediately charge the costs and fees of the expert at the bottom of the record and shall be issued enforceable against the party or parties that he or she designates and in the proportion that he or she determines. In the final decision, these amounts will be taxed as court fees.
At the request of the expert or the parties, the judge may hear their technical advisors. Their hearing shall be held under the same conditions as those laid down in subparagraphs 1^er, 2 and 4. "
Art. 32. In section 986 of the same Code, replaced by the Act of 15 May 2007, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"The judge may designate an expert so that he may be present at an instruction that he or she ordered to provide technical explanations. The judge may also appoint an expert to report orally to the hearing for that purpose. The judge may direct these experts to produce documents useful to the solution of the dispute during their hearing. »;
2° paragraph 2 is supplemented by the following:
"These documents are deposited in the registry after the expert intervenes. Parties or their advice may be aware of this. "
Art. 33. Section 987 of the Code, replaced by the Act of 15 May 2007, is replaced by the following:
"Art. 987. The judge may set out the provision that each party is required to record to the Registry or to the credit facility agreed upon by the parties, as well as the time limit within which it must meet that obligation. The judge may not impose this obligation on the party who, pursuant to Article 1017, paragraph 2, or under an agreement between the parties in accordance with Article 1017, paragraph 1^er, cannot be condemned at the expense. The King may, by order deliberately in the Council of Ministers, set the terms of the consignation.
If the designated party fails to perform, the most diligent part may record the provision.
The judge may determine the reasonable part of the provision to be released in order to cover the costs of the expert. The VAT expert shall inform the judge who expressly specifies whether or not the amount released must be increased by VAT.
As soon as the provision is recorded, the party designated by the judge for payment shall inform the expert. The party making the payment shall give proof of payment to the expert.
If the designated party fails to perform, the most diligent part may inform the expert.
Where applicable, the registry or credit institution pays the party released to the expert. "
Art. 34. In the Dutch text of article 988, paragraph 3, of the same Code, replaced by the law of 15 May 2007, the word "omkleedt" is replaced by the word "omkleed".
Art. 35. In section 989 of the same Code, replaced by the Act of 15 May 2007, the following amendments are made:
1° in the article, a paragraph written as follows is inserted before paragraph 1^er :
"If a party fails to make a summons within the specified time limit, the judge may issue an enforceable summons at the request of the most diligent party to the amount determined by the judge. »;
2° the article is supplemented by a paragraph written as follows:
"The experts may, if any, suspend or postpone the execution of their mission until they are informed of the assignment in accordance with Article 987, paragraph 4. "
Art. 36. In section 991 of the same Code, replaced by the Act of 15 May 2007, the following amendments are made:
1° paragraph 1^er is replaced by the following:
« § 1^er. If, within thirty days of the filing of the detailed statement to the Registry, the parties have not, in accordance with § 2, informed the judge that they contest the amount of the fees and the costs claimed by the expert, the expert shall be taxed by the judge at the bottom of the minute of the statement and shall be granted enforceable in accordance with the agreement between the parties or against the party or the party, as provided for the provision of the consignment. »;
"(2) paragraph 2, paragraph 1^er, is replaced by the following:
“If, within the time limit referred to in § 1^er, one or more parties have expressed their disagreement in a reasoned manner on the status of fees and fees, the judge orders the appearance of the parties in accordance with section 973, § 2, in order to make the taxation of fees and fees. »;
Paragraph 2, paragraph 3, is supplemented by the following sentence:
"It can also take into account the difficulty and duration of the work provided, the quality of the expert and the value of the dispute. "
Art. 37. In section 991bis of the same Code, inserted by the Act of 15 May 2007, paragraph 1^er is replaced by the following:
"After the final taxation, the provision is withdrawn by experts to the amount that is due to them, if any after the tax is submitted to the credit institution. Then, the contingent relic shall be refunded to the parties by the Clerk or by the credit facility on a pro-rata basis for the amounts they were required to record and that they have actually recorded. "
Section II. - Adaptation of legal provisions pursuant to the law of 16 January 2003 establishing a Bank-Carrefour des Entreprises, modernization of the register of trade and creation of registered business windows, and bringing various provisions
Sub-section 1^re. - Amendment of the Act of 25 October 1919 on the pledge of the trade fund, the discount and pledge of the invoice, as well as the approval and expertise of supplies made directly to consumption
Art. 38. In section 4, of the Act of 25 October 1919 on the pledge of the trade fund, the discount and pledge of the invoice, as well as the aggregation and expertise of supplies made directly to consumption, replaced by the Royal Decree of 30 March 1936 and amended by the Act of 9 February 1995, the following amendments are made:
1° in paragraph 3, 3°, the words "registered in the trade register" are replaced by the words "business";
2° in paragraph 5, the words "registered in the trade register" are replaced by the words "business".
Sub-section 2. - Amendments to the Act of 12 July 1989 on various measures to implement Regulation (EEC) No 2137/85 of 25 July 1985 on the establishment of a European economic interest group
Art. 39. In article 4, paragraph 1^er, from the Act of 12 July 1989 on various measures for the application of Council Regulation (EEC) No 2137/85 of 25 July 1985 on the establishment of a European economic group the words "in the register open to the office of the commercial court" are replaced by the words "in the register of legal persons".
Subsection 3. - Amendments to the Bankruptcy Act of 8 August 1997
Art. 40. In Article 8, paragraph 6, of the Bankruptcy Act of 8 August 1997, the words "Article 25 of the laws relating to the register of trade, coordinated on 20 July 1964" are replaced by the words "Article 23 of the Act of 16 January 2003 establishing a Bank-Carrefour des Entreprises, modernization of the register of trade, creation of registered business windows and carrying various provisions".
Art. 41. In section 9, paragraph 3, of the same law, the words "in the trade register" are replaced by the words "in the Bank-Carrefour des Entreprises, as a merchant".
Art. 42. In section 38, paragraph 2, 1°, of the Act, the following amendments are made:
1° in the first sentence, the words "the bankrupt's registration in the trade register and the registration number assigned to it for the purposes of the value added tax" are replaced by the words "the bankrupt's business";
2° to the 2nd sentence, the words "registration of the legal person in the trade register and the registration number assigned to him for the purposes of the value added tax" are replaced by the words "business of the legal person".
Sub-section 4. - Amendments to the Corporate Code
Art. 43. In section 70, 3°, of the Corporate Code, the words "registration in the trade register" are replaced by the words "business".
Art. 44. In Article 84, § 1^er, paragraph 2, of the same Code, the words "of the trade register" are replaced by the words "of the register of legal persons".
Art. 45. In article 113, § 3, 2°, of the same Code, the words "tax or the national number of identification of the company" are replaced by the words "business".
Art. 46. Article 670 of the same Code is supplemented by paragraph 2, which reads as follows:
"However, section 770 applies by analogy to any legal person, whether or not referred to in this Code, who expressly opts for its application in the forms provided for in this section. "
Art. 47. In section 770 of the same Code, paragraph 3 is supplemented by the words: "and third parties may avail themselves of the inopposability organized by section 769."
Subsection 5. - Amendment of the Act of 29 May 2000 establishing a central file of notices of seizure, delegation, assignment and collective settlement of debts and amending certain provisions of the Judicial Code
Art. 48. In section 2 of the Act of 29 May 2000 establishing a central file of notices of seizure, delegation, assignment and collective settlement of debts and amending certain provisions of the Judicial Code, as amended by the Acts of 27 March 2003 and 13 December 2005, the words "registration to VAT" are, each time, replaced by the words "business".
Section III. - Amendments to the Act of 27 June 1921 on non-profit associations, non-profit international associations and foundations
Art. 49. In section 17 of the Act of 27 June 1921 on non-profit associations, non-profit international associations and foundations, last amended by the Act of 23 March 2007, the following amendments are made:
(a) in paragraph 3, paragraph 1^er, 1°, it is inserted between the words "time-plein" and the word "registered" the following text:
", whose data were communicated by the employer in accordance with the Royal Decree of 5 November 2002 establishing an immediate declaration of employment, pursuant to section 38 of the Act of 26 July 1996 on social security modernization and ensuring the viability of legal pension schemes, or, for workers excluded from the scope of the aforementioned Royal Decree, who are";
(b) paragraph 5, paragraph 1^er, is replaced by the following:
"The associations are obliged to entrust to one or more commissioners the control of the financial situation, the annual accounts and the regularity under the law and the statutes, the transactions to be found in the annual accounts when the average annual number of employed workers whose data have been communicated by the employer in accordance with the royal decree of November 5, 2002 establishing an immediate declaration of employment, pursuant to article 38 of the law of July 26,
The obligation set out in the preceding paragraph also applies where the association exceeds the following figures for at least two of the following three criteria at the end of the social year:
1° 50 workers, on an annual average, expressed in full-time equivalents whose data were communicated by the employer in accordance with the Royal Decree of 5 November 2002 establishing an immediate declaration of employment, pursuant to section 38 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes, or, for workers excluded from the scope of the aforementioned Royal Decree, which is held in 1978
2° 6,250,000 euros for total non-exceptional revenues, excluding value added tax;
3° 3 125,000 euros for the total balance sheet. »;
(c) in paragraph 7 the words « 134, §§ 1^er and 3" are replaced by the words " 134, §§ 1^er2, 3 and 6 and the words "Article 144, paragraph 1^er, 4° and 5° are replaced by the words "Article 144, paragraph 1^er6° and 7°
(d) Operative paragraph 8 is supplemented by a second subparagraph, which reads as follows:
"The operating costs of the Accounting Standards Commission shall be borne by the non-profit associations required to publish their annual accounts by deposit to the National Bank of Belgium, in accordance with § 6. The King sets the amount of this contribution that cannot be more than 3 euros 72 cents, indexed according to the same rules as those set for indexing the salaries and salaries of the public service. It is collected by the National Bank of Belgium at the same time as the annual accounts advertising fees and paid by it to the Commission. "
Art. 50. In section 37 of the Act, last amended by the Program Act of 27 December 2004, the following amendments are made:
(a) in paragraph 3, at 1°, the following text shall be inserted between the words "time-plein" and "registrated":
"whose data were communicated by the employer in accordance with the Royal Decree of November 5, 2002 establishing an immediate declaration of employment, pursuant to section 38 of the Act of July 26, 1996 on social security modernization and ensuring the viability of legal pension schemes, or, for workers excluded from the scope of the aforementioned Royal Order, who are";
(b) paragraph 5, paragraph 1^er, is replaced by the following:
"The foundations are obliged to entrust to one or more commissioners the control of their financial situation, annual accounts and regularity under the law and the statutes, transactions to be found in the annual accounts when the average annual number of employed workers whose data were communicated by the employer in accordance with the royal decree of November 5, 2002 establishing a full declaration of employment, pursuant to article 38 of the law of July 26
The obligation set out in the preceding paragraph also applies where the foundation exceeds the following figures for at least two of the following three criteria at the end of the social year:
1° 50 workers, on an annual average, expressed in full-time equivalents whose data were communicated by the employer in accordance with the Royal Decree of 5 November 2002 establishing an immediate declaration of employment, pursuant to section 38 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes, or, for workers excluded from the scope of the aforementioned Royal Decree, which is held in 1978
2° 6,250,000 euros for total non-exceptional revenues, excluding value added tax;
3° 3 125,000 euros for the total balance sheet. »;
(c) in paragraph 7, the words “134, §§ 1^er and 3" are replaced by the words " 134, §§ 1^er2, 3 and 6 and the words "Article 144, paragraph 1^er, 4° and 5° are replaced by the words "Article 144, paragraph 1^er6° and 7°
(d) Operative paragraph 8 is supplemented by a second subparagraph, which reads as follows:
"The operating costs of the Accounting Standards Commission are borne by the foundations required to publish their annual accounts by deposit to the National Bank of Belgium, in accordance with § 6. The King sets the amount of this contribution that cannot be more than 3 euros 72 cents, indexed according to the same rules as those set for indexing the salaries and salaries of the public service. It is collected by the National Bank of Belgium at the same time as the annual accounts advertising fees and paid by it to the Commission. "
Art. 51. In section 53 of the Act, last amended by the Program Act of 27 December 2004, the following amendments are made:
(a) in paragraph 3, at 1°, the following text shall be inserted between the words "time-plein" and "registrated":
"whose data were communicated by the employer in accordance with the Royal Decree of November 5, 2002 establishing an immediate declaration of employment, pursuant to section 38 of the Act of July 26, 1996 on social security modernization and ensuring the viability of legal pension schemes, or, for workers excluded from the scope of the aforementioned Royal Order, who are";
(b) paragraph 5, paragraph 1^er, is replaced by the following:
"The non-profit international associations are obliged to entrust to one or more commissioners the control of their financial situation, annual accounts and regularity under the law and the statutes, transactions to be found in the annual accounts when the average annual number of employed workers whose data were communicated by the employer in accordance with the royal decree of 5 November 2002 establishing an immediate declaration of employment, pursuant to section 38 of the law
The obligation set out in the preceding paragraph also applies where the association exceeds the following figures for at least two of the following three criteria at the end of the social year:
1° 50 workers, on an annual average, expressed in full-time equivalents whose data were communicated by the employer in accordance with the Royal Decree of 5 November 2002 establishing an immediate declaration of employment, pursuant to section 38 of the Act of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes, or, for workers excluded from the scope of the aforementioned Royal Decree, which is held in 1978
2° 6,250,000 euros for total non-exceptional revenues, excluding value added tax;
3° 3 125,000 euros for the total balance sheet. »;
(c) in paragraph 6, the words “134, §§ 1^er and 3" are replaced by the words " 134, §§ 1^er2, 3 and 6 and the words "Article 144, paragraph 1^er, 4° and 5° are replaced by the words "Article 144, paragraph 1^er6° and 7°".
Art. 52. In the same Act, instead of section 58 repealed by law 27 December 2004, a title IIIbis comprising section 58 is inserted as follows: "Letter IIIbis. Free admissions of universality or branch of activity" is inserted, including a single article written as follows:
"Art. 58. In the case of recourse to the faculty provided for in Article 670, paragraph 2 of the Code of Societies, Article 770 of the Code and the articles to which it refers are applicable by analogy to the free contributions of universality or branch of activity made by a non-profit association, a foundation of public utility, a private foundation, an international non-profit association or any of the institutions or associations referred to in Article 61, paragraph 2 for the benefit
For the purposes of this application by analogy, the above-mentioned articles of the Corporate Code must agree with the following amendments:
1° the word "society" or the word "societies" are replaced everywhere by the words "legal person" or the words "legal persons";
2° in Article 760, § 2, the word "object" is replaced, at 1°, by the words "the purpose(s)" and the 2° and 4° are repealed;
3° in § 3 of Article 760 the words "or, for legal persons who do not have a general assembly, of the board of directors" are inserted between the words "general assembly" and the words "of the company called"; the latter word is itself replaced by the word "called";
4° at the end of § 1^er section 761 is added the following sentence:" or, for legal persons who do not have a general meeting, by the board of directors";
5° in Article 761, § 2, 1^er paragraph, the words "as well as the purpose(s) pursued by the legal persons concerned" are inserted between the word "economic" and the word "opportunity";
6° in article 761, § 2, paragraph 2, the first sentence is replaced by the following sentence:
"When a legal person counts members, a copy of the project and report is sent to them at least one month before the General Assembly meeting. »;
7° in Article 761, § 3, paragraph 1^er is replaced by the following:
"If the decision to make the contribution is taken by the General Assembly, this decision shall be taken on the conditions of presence and majority established, either by article 8, paragraph 1^er, 2 and 4 of the law of 27 June 1921, subject to more stringent statutory provisions, or by statutes under section 48, 7° of the same law";
8° Article 762 is replaced by the following:
"The act recognizing the contribution of a universality or the contribution of a branch of activity is established in the authentic form.
It is deposited by extracts in accordance with sections 26novies, 31 or 51 of the Act of 27 June 1921. It is published by extracts in accordance with the same articles, in this case, applicable by analogy to the legal persons referred to in paragraph 2 of section 61 of that Act. »;
9° Article 765 is replaced by the following:
"The provision is enforceable to third parties under the conditions set out in articles 26novies, § 3, 31, § 6 and 51, § 5 of the law of 27 June 1921, rendered in this case by analogy to the legal persons referred to in paragraph 2 of Article 61 of this Act".
10° in Article 766, the words "trade tribunal" are replaced by the words "first instance court".
Section IV. - Amendments to the third and sixth corporate guidelines
Art. 53. This section transposes Directive 2007/63/EC of the European Parliament and of the Council of 13 November 2007 amending Directives 78/855/EEC and 82/891/EEC of the Council with respect to the requirement of an independent expert report to be carried out on the occasion of mergers or scissions of anonymous companies.
Art. 54. Section 695 of the Corporate Code, last amended by the Royal Decree of 28 November 2006, is supplemented by a paragraph written as follows:
"Neither a statement on the proposed merger, nor a report by the Commissioner, the company reviewer or the designated external accountant are required if all shareholders and holders of the other securities conferring a voting right of each of the companies participating in the merger have decided so. "
Art. 55. Article 708 of the same Code is supplemented by a paragraph written as follows:
"Neither a statement on the proposed merger, nor a report by the Commissioner, the company reviewer or the designated external accountant are required if all shareholders and holders of the other securities conferring a voting right of each of the companies participating in the merger have decided so. "
Art. 56. Section 731 of the same Code, last amended by the Royal Decree of 28 November 2006, is supplemented by a paragraph written as follows:
"Neither a statement on the split project, nor a report by the Commissioner, the business reviewer or the designated external accountant are required if all shareholders and holders of the other securities conferring a vote right of each of the companies participating in the split have decided so. "
Art. 57. Section 746 of the same Code, last amended by the Royal Decree of 28 November 2006, is supplemented by a paragraph written as follows:
"Neither a statement on the split project, nor a report by the Commissioner, the business reviewer or the designated external accountant are required if all shareholders and holders of the other securities conferring a vote right of each of the companies participating in the split have decided so. "
CHAPTER 5. - Changes in adoption
Section I^re. - Amendments to the Judicial Code concerning the procedure for finding the right to adopt
Art. 58. In section 1231-31 of the Judicial Code, inserted by the Act of 24 April 2003 and amended by the Act of 28 October 2008, the following amendments are made:
1° in paragraph 3, the words "three years" are replaced by the words "four years";
2° paragraphs 4 and 5 are repealed.
Art. 59. In the Fourth Part, Book IV, Chapter VIIIbis, section 3, of the same Code, it is inserted a sub-section 1^rebis comprising articles 1231-33/1 to 1231-33/7, as follows:
"Subsection 1^rebis: Procedure in extension of the time limit to adopt
Art. 1231-33/1. The opponent or adopters may apply for an extension of the time limit for their ability to adopt by way of a unilateral application to the youth court which has pronounced the initial aptitude judgment. The application shall be filed with the Registry no later than five months before the expiry of the suitability judgment and no later than the last day of the suitability judgment. The application is signed either by the opponent or the adopters, or by their lawyer, and it specifies that the adopter(s) wish to pursue an international adoption procedure.
The applicant or adopters shall transmit a copy of the application to the competent Community Central Authority.
Art. 1231-33/2. For the request to be admissible, the documents provided for in Article 1231-28 are annexed to the request.
In addition, it is annexed to it, the agreement signed between the adopter or the adopters and an approved body or the agreement of the competent central community authority given on the draft adoption.
Art. 1231-33/3. Upon receipt of the request, the Registry shall address without delay to the competent central community authority which shall transmit to it an update of the report of the social investigation established in the procedure for determining the suitability to be adopted.
The update is carried out by the competent authorities to prepare the report of the social investigation.
The updating of the social investigation report must be carried out at the earliest in the five months preceding the expiry of the validity of the suitability judgment.
It includes an assessment of the current situation of the opponent or adopters and describes possible elements that may affect the suitability to adopt.
Art. 1231-33/4. Within three days of the filing of the social investigation report to the Registry, the opponent or adopters are summoned by judicial fold:
1° to read the report; for this purpose they have eight days;
2° to appear in person before the court within fifteen days after the expiry of the period provided for in 1°.
Art. 1231-33/5. The court shall decide within fifteen days of the hearing on the extension of the discretion of the opponent or adopters to proceed with an international adoption. The judgment is motivated. If positive, he mentions the number of children that the adopter or adopters would be able to adopt, as well as any restrictions on their ability. The judgment in the extension of the time limit for adoption can only be used for a procedure for adoption of one or more children.
Its validity expires two years after its pronouncement. However, if at the time of the hearing, a child has been proposed and accepted, the court may provide that the validity of the fitness renewal judgment is maintained until the adoption is pronounced.
The judgment in extension of the suitability period produces its effects on the day of the expiration of the previous aptitude judgment.
The adopter or adopters may file successive requests for an extension of the time limit for their ability to adopt within the same adoption procedure.
Art. 1231-33/6. If the judgment extends the suitability of the opponent or adopters and changes the conditions set out in the previous suitability judgment, the Public Prosecutor's Office shall prepare a report. The procedure provided for in articles 1231-32 and 1231-33 is then applicable. However, the Public Prosecutor's report deals only with the new conditions of the judgment extending the suitability of the opponent or adopters.
Art. 1231-33/7. The Clerk shall send a copy of the judgment and any report to the federal central authority within three days of receipt of the report or, in the event that a report is not required, within three days of the judgment. He advises the opponent or adopters. "
Section II. - Amendments to the Judicial Code concerning the establishment of adoption
Art. 60. In section 1231-41 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 28 October 2008, the 1st is replaced by the following:
"1° within the time limits referred to in articles 1231-31 and 1231-33/5 or within four years of the issuance of a certificate from the competent authority in the matter of adoption of the foreign State in which the adopter or adopters usually reside, the declarants qualified and able to adopt and assume an international adoption; and."
Art. 61. In article 1231-42, paragraph 1^er, of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 28 October 2008, 1°/1 is repealed.
Section III. - Amendments to the Civil Code concerning the establishment of an adoption involving the international movement of a child habitually residing in a foreign State
Art. 62. Section 361-1 of the Civil Code, inserted by the Act of 24 April 2003, is supplemented by the following paragraph:
"The preparation must not be renewed as part of the procedure for renewing the suitability to adopt".
Art. 63. Section 361-2 of the same Code, inserted by the Act of 24 April 2003, is replaced by the following:
"Art. 361/2. When the judgment on the suitability of the opponent or adopters, the judgment renewing the suitability to adopt and the report referred to in section 1231-32 or 1231-33/6 of the Judicial Code were forwarded to him by a copy of the Clerk of the Youth Court, the federal central authority shall, without delay, address them to the competent central community authority. "
Section IV. - Amendment of the Act of 24 April 2003 reforming adoption
Art. 64. In section 24bis of the Act of 24 April 2003 reforming the adoption, inserted by the Program Act of 27 December 2004, as amended by the Act of 6 December 2005 and by the Act of 28 October 2008, the following amendments are made:
1° in paragraph 2, the words "three years" are replaced by the words "four years";
2° paragraphs 3 and 4 are repealed. "
Section V. - Transitional provision
Art. 65. The validity of the suitability judgments and certificates referred to in section 24bis, paragraph 2 of the Act of 24 April 2003 reforming the adoption that expire on 15 November 2009 is extended from office until 31 May 2010.
The amendment to section 1231-31 of the Judicial Code to increase the validity of the three to four-year discretionary judgment applies retroactively to the discretionary judgments rendered in the three years preceding the coming into force of this Act if they have not been subject to an extension procedure before the federal central authority.
This Act applies to certificates referred to in section 24bis, paragraph 2 of the Act of 24 April 2003 reforming adoption. The application is brought before the competent youth court to determine the suitability to adopt. The competent central community authority shall transmit to the Registry the report of the social investigation together with the update of the report.
The certificate of extension of the suitability issued by the Federal Central Authority continues to produce its effects until its expiry.
Section VI. - Entry into force
Art. 66. This chapter comes into force on the day after its publication in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, December 30, 2009.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DECLERCK
Notes
(1) Documents of the House of Representatives:
52-2161 - 2008-2009:
Nr. 1: Bill. - n^bones 2-5: Amendments. - No. 6: Report. - No. 7: Text adopted by the commission. - No. 8: Text adopted in plenary and transmitted to the Senate.
Full report: 15 December 2009.
Documents of the Senate:
4-1551 - 2009/2010:
Number 1: Project referred to by the Senate. - Number two: Report. - No. 3: Decision not to amend.
Annales of the Senate: December 17, 2009.