belgiquelex.be - Carrefour Bank of Legislation

20 MARCH 2009. - An Act to amend the Act of 16 January 2003 to establish a Bank-Carrefour des Entreprises, modernization of the business register, creation of registered business windows and various provisions (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. - Preliminary provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments
Art. 2. Section 4 of the Act of 16 January 2003 establishing a Bank-Carrefour des Entreprises, modernization of the business register, creation of registered business windows and various provisions, is replaced by the following provision:
“Art. 4. § 1^er. Information relating to:
1° to legal persons of Belgian law;
2° to Belgian institutions, bodies and services of law that carry out missions of general interest or public order and which have a financial and accounting autonomy distinct from that of the Belgian public legal entity of which they fall under their jurisdiction;
3° to legal persons of foreign or international law who have a seat in Belgium or who must be registered in accordance with an obligation imposed by Belgian law;
4° to any natural person who as an autonomous entity:
(a) operates in Belgium in an economic and professional manner, either as a principal or as a supplement;
(b) or must be registered in accordance with an obligation imposed by Belgian legislation other than that provided for in this Act;
5° to associations without legal personality who must be registered in accordance with an obligation imposed by Belgian law other than that prescribed by this Act;
6° to the above-mentioned business establishment units.
§ 2. For the application of § 1^er, in particular, carries out an economic activity in an ordinary way, any company which, in Belgium:
1° is subject to social security as an employer;
2° is subject to the value added tax.
§ 3. For registration in the Banque-Carrefour des Entreprises des personnes et associations referred to in § 1^er, 1°, 3°, 4° and 5°, the modalities will be determined by the King. »
Art. 3. Article 6, § 1^er, 10°, of the same law is replaced as follows:
« 10° Links to data made available by the services as well as references to documents relating to legal persons filed at court offices. »
Art. 4. An article 25bis, as follows, is inserted in the same law:
"Art. 25bis. § 1^er. In derogation from the procedure provided for in Article 25, the Management Service of the Banque-Carrefour des Entreprises shall proceed without charge:
1° to the deletion of the activities, qualities, authorizations and establishment units of the physical persons whose founder died, according to the data of the National Register of Physical Persons, for at least six months;
2° to the deletion of the activities, qualities, authorizations and establishment units of the corporations whose liquidation has been pronounced for at least three months;
3° to the deletion of the activities, qualities, authorizations and establishment units of the companies legal persons when, for at least three months, the bankruptcy fence was pronounced in accordance with the law of 8 August 1997.
§ 2. In order to guarantee and improve the quality of data in the Carrefour des Entreprises Bank, the King may, by order deliberately in the Council of Ministers, expand or modify the cases provided for in § 1^er. »
Art. 5. In section 43, 5°, of the same law, the words ", registration or other rights" are replaced by the words " or registration".
Art. 6. Section 55 of the Act is replaced by the following provision:
"Art. 55. The King sets out, by order deliberately in the Council of Ministers, the quality standards to which the services rendered by the business desks, the minimum opening hours, as well as the special rules relating to the management, accounting and annual accounts of the business desks. »
Art. 7. Article 57, § 1^er, of the same law, the words ", publication or stamp" are replaced by the words "or publication".
CHAPTER 3. - Transitional provision
Art. 8. By derogation from Article 4, § 1^er, 6°, of the same law, only the establishment units of the enterprises referred to in Article 4, § 1^er, 1° to 4°, a), of the same law included as well as those whose registration is necessary for the execution of another Belgian law are registered in the Banque-Carrefour des Entreprises.
The establishment units of the enterprises referred to in Article 4, § 1^er, 4°, b), and 5°, of the same law shall be entered on the date and in accordance with the terms fixed by the King.
CHAPTER 4. - Final provision
Art. 9. Articles 3, 4, 5, 6 and 7 come into force ten days after publication in the Belgian Monitor.
Articles 2 and 8 come into force on the date fixed by the King and no later than 30 June 2009.
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 20 March 2009.
ALBERT
By the King:
Minister of P.M.E. and Independents,
Mrs. S. LARUELLE
Minister for Business and Simplification,
VAN QUICKENBORNE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2008-2009 session.
House of Representatives.
Documents. - Bill, 52-1664 - No. 1. - Amendment, 52-1664 - No. 2. - Report, 52-1664 - No. 3. - Text adopted by the Commission, 52-1664 - No. 4. - Text adopted in plenary and transmitted to the Senate, 52-1664 - No. 5.
Full report. - 29 January 2009.
Senate.
Documents. - Project not referred to by the Senate, 4-1151 - No. 1.