20 JULY 2004. - Act respecting certain forms of collective investment portfolio management (1) - Erratum
In the Belgian Monitor of 9 March 2005, p. 9640-9641, the structure of article 22 was incorrectly reproduced in 4 paragraphs instead of 3 paragraphs. The structure of the text shall be replaced as follows:
“Art. 22. In accordance with the terms and conditions agreed, the collective investment agency in receivables may charge the original assignor of receivables recovery and other duties relating to the conservation and realization of rights to receivables. This does not prejudice the delegation, by the original assignor of the receivables, of the tasks referred to in this paragraph to an entity specializing in this type of management, provided that the initial assignor of the receivables is subject to a prudential control regime and that this delegation is in accordance with the prudential rules and standards in this matter. The initial assignors who have comparable institutional status and have organizational homogeneity and who have established the same portfolio of receivables awarded under equivalent criteria are considered to be the original assignor for the purposes of this paragraph.
Where a debt is transferred by or to a collective investment agency in receivables within the meaning of this Act, section 1328 of the Civil Code and section 26 of the Consumer Credit Act of 12 June 1991 and section 8 of Chapter II, Part I
er Book II of the Commercial Code, and articles 18 and 20 of the Act of 15 April 1884 on agricultural borrowing are not applicable to this assignment. The same provisions are not applicable where a receivable is given in pledges to or by a collective bargaining agency within the meaning of this Act.
Where receivables are transferred to or by a collective investment agency in receivables within the meaning of this Act, the assignee shall, by the sole performance of the formalities prescribed by Book III, Part VI, Chapter VIII of the Civil Code, obtain all rights in the insurance agreements that the assignor has to guarantee the receivables transferred. A pledge of these same rights to or by a collective investment agency in receivables is made by the fulfilment of the formalities prescribed by the provisions of Book III, Title XVII of the Civil Code or Title VI, Book I
er The Commercial Code. "