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An Act To Amend The Act Of 16 January 2003 On The Establishment Of A Crossroads Bank For Enterprises, Modernization Of The Commercial Register, Creation Of Atm-Sized Chartered And Containing Various Provisions, In Relation To The Tasks Of The Uniq Window

Original Language Title: Loi modifiant la loi du 16 janvier 2003 portant création d'une Banque-Carrefour des Entreprises, modernisation du registre de commerce, création de guichets-entreprises agréés et portant diverses dispositions, en ce qui concerne les tâches du guichet uniq

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belgiquelex.be - Carrefour Bank of Legislation

7 DECEMBER 2009. - An Act to amend the Act of 16 January 2003 to establish a Bank-Carrefour des Entreprises, modernization of the register of commerce, creation of registered business windows and various provisions with regard to the tasks of the Single Window (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act partially transposes articles 6, 7 and 8 of Directive 2006/123/EC of the European Parliament and the Council of 12 December 2006 on services and the domestic market, as referred to as "service directive".
Art. 3. In section 40 of the Act of 16 January 2003 establishing a Bank-Carrefour des Entreprises, modernization of the business register, creation of an aggregate business window and carrying various provisions, paragraph 2 is deleted.
Art. 4. Section 41 of the Act, as amended by the Act of 20 March 2009, is replaced by the following:
"Art. 41. A business window provides the company, under the conditions fixed by the King, at its first request, a complete extract of the registration in the Banque-Carrefour des Entreprises mentioning the date of issue of the extract. »
Art. 5. Section 43 of the Act is replaced by the following provision:
“Art. 43. § 1er. Without prejudice to the missions entrusted to them by or pursuant to this Act or other Acts, business desks shall carry out the following tasks:
1° allow, through their infrastructure, service providers
(a) to carry out the procedures and formalities necessary for access to the profession of their services activities as referred to in Articles 1er and 2 of the Service Directive, in particular all declarations, notifications or requests for authorization from the competent authorities, including requests for registration in the registers, roles, databases or an order or professional association;
(b) comply with the requests for authorization required to carry out service activities, as referred to in the Service Directive;
2° to include commercial and artisanal enterprises and non-commercial private law companies, in these qualities, in the Banque-Carrefour des Entreprises;
3° verify in the cases fixed by the King whether commercial and artisanal enterprises and non-commercial private law enterprises meet the registration requirements, imposed under special laws and regulations;
4° guarantee access to the registration data referred to in 2°, according to the terms and conditions fixed by the King;
5° keep the records relating to the conditions and inscriptions referred to in 2° and 3°, according to the terms fixed by the King;
6° perform administrative formalities, pursuant to this Act or other laws, or under these laws, in accordance with the terms and conditions established by the King;
7° ensure that service providers and service recipients receive services for the services activities referred to in § 1er, 1°, (a) and (b), the following information:
(a) the requirements for service providers, in particular those relating to procedures and procedures for accessing and performing services;
(b) the contact information of the competent authorities for direct contact with them, including those of the competent authorities in the exercise of services activities;
(c) means and conditions of access to public records and databases for service providers and services;
(d) remedies normally available in the event of a dispute between the competent authorities and the provider or recipient, or between a service provider and recipient, or between service providers;
(e) contact information of associations or organizations, other than the competent authorities, to which service providers or recipients may obtain practical assistance;
8° to collect on behalf of the Treasury the registration and registration fees, retributions, publication fees, relating to the missions covered by this section, in accordance with the terms and conditions established by the King.
The business desk responds within five business days, from the time the information is available, upon request for information referred to in the first paragraph. In the event of an incorrect, incomplete or unfounded request, the applicant shall inform the applicant as soon as possible.
§ 2. The business desk may additionally require consulting and business support services, except for services that are exclusively reserved by law to certain liberal, intellectual and service professions within the economic sector.
§ 3. The business window is easily accessible by electronic means, in order to be able to carry out all procedures and procedures relating to the access and exercise of the services activities referred to in § 1er, 1° (a) and (b), with the exception of the controls of premises where the service is provided or equipment used by the service provider, or the physical examination of the capacity or personal integrity of the service provider or members of its staff who exercise responsibilities when they are an integral part of a procedure or formality. »
Art. 6. Section 45 of the Act is replaced as follows:
“Art. 45. § 1er. An organization may be approved as a business window under the following conditions:
1° it takes the form of a non-profit association, in accordance with the law of 27 June 1921 on non-profit associations, non-profit international associations and foundations;
2° its members are part of at least one of the following organizations:
(a) representative organizations of employers or independent workers, represented in or approved by the Superior Council of Independents and Small and Medium Enterprises, the Central Council of Economy, the "Sociaal-Economische Raad van Vlaanderen", the Economic and Social Council of the Walloon Region, the Economic and Social Council of the Brussels-Capital Region, or a parity committee established by law
(b) Social Insurance Funds for Independents, approved pursuant to Royal Decree No. 38 of 27 July 1967, establishing the social status of the Independents;
(c) Social Secretariats for Employers, approved under the Royal Decree of 28 November 1969 pursuant to the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers;
(d) rooms accredited by the Federation of Chambers of Commerce and Industry of Belgium;
(e) associations resulting from cooperation agreements between several of the organizations mentioned above;
3° its statutes are intended to carry out business window missions within the meaning of this Act;
4° it shall, in accordance with the terms and conditions established by the King and the terms of reference prepared by the Minister:
(a) competent staff;
(b) internal control procedures;
(c) hospitality facilities, offices, equipment and archival space;
(d) own accounting;
(e) a computer infrastructure that includes protection and control mechanisms;
5° it is not in liquidation or is not subject to liquidation or termination of business;
6° is in good standing with the obligations relating to the payment of social security premiums and its obligations relating to the payment of taxes and taxes, in accordance with Belgian law;
7° it has a proper financial and economic capacity to carry out the tasks defined in this Act and its enforcement orders;
8° she made her professional responsibility.
§ 2. The King may, by deliberate order in the Council of Ministers, establish terms and conditions to determine the minimum number and location of business window establishment units, taking into account adequate dissemination and needs.
§ 3. By derogation from the provisions of § 1er, the approvals granted on September 9, 2008 are maintained until December 31, 2011, under the conditions that were applicable on the day of the licence.
Art. 7. In Article 46, § 4, second paragraph, of the same law, the words "in Article 45, 2° and 10°" are replaced by the words "in Article 45, § 1er, 2° and § 2. "
Art. 8. In the same Act, section 47 is replaced as follows:
“Art. 47. The King creates an advisory committee. This committee has the following tasks:
1° to advise the Minister on the approval as a business window and the suspension and deletion of the approval, and the setting of the number of establishment units and their location;
2° at the request of the Minister, a Community or a Region, give an opinion on all matters relating to the operation and control of business windows.
The King sets out by order deliberately in the Council of Ministers the modalities for the composition and functioning of the committee and the procedure for the approval of business windows. "
Art. 9. Article 50, § 2, of the same law, is replaced as follows:
Ҥ2. The Minister publishes the list of approved business windows and their establishment units on the website of the Federal Public Service Economy, P.M.E., Average Classes and Energy, as well as annually before March 31 at the Belgian Monitor. "
Art. 10. In article 51 of the Dutch text, the word " vereend" is replaced by the word " verleend".
Art. 11. Section 57 of the Act, as amended by the Acts of 20 July 2006 and 20 March 2009, is replaced by the following:
"Art. 57. § 1er. The King may by order deliberately in the Council of Ministers:
1° to determine the percentage of registration, registration and publication fees, and receipts, which the business desks retain as retribution of their intervention under articles 34 and 43, 8°;
2° adapt the reward referred to in 1°, according to the terms fixed by Him, in order to stimulate the quality of the service rendered;
3° to determine the amounts that the business desks perceive in the formalities for which they were assigned by a federal government the decision-making power, as referred to in section 43, 6°.
§ 2. For additional services to companies, referred to in Article 43, § 2, the business windows may provide for the setting of prices by service or in a lump sum on an annual basis. "
Art. 12. This Act comes into force on December 28, 2009.
The King may fix an effective date prior to that referred to in paragraph 1er.
Promulgation of this Act, order that it be put on the seal of the State and published in the Belgian Monitor
Given in Brussels on 7 December 2009.
ALBERT
By the King:
Minister of P.M.E. and Independents,
Agriculture and Science Policy,
Mrs. S. LARUELLE
Minister for Business and Simplification,
VAN QUICKENBORNE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Note
(1) 2009-2010 session:
House of Representatives.
Documents. - Bill, 52-2212 - No. 1. - Amendment, 52-2212 - No. 2. - Report, 52-2212 - No. 3. - Text adopted by the commission, 52-2212 - No. 4. - Text adopted in plenary and transmitted to the Senate, 52/2212 - No. 5.
Full report: 12 November 2009.
Senate:
Documents. - Project not referred to by the Senate, 4-1500 - No. 1.