19 NOVEMBER 2004. - An Act to amend the Act of 22 March 1993 on the Status and Control of Credit Institutions, the Act of 9 July 1975 on the Control of Insurance Businesses, the Act of 2 August 2002 on the Supervision of the Financial Sector and Financial Services and the Act of 28 April 1999 to transpose Directive 98/26/EC of 19 May 1998 on the final character of the regulation in the systems of payment and settlement of securities transactions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act provides for the transfer of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the remediation and liquidation of insurance companies and Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the remediation and liquidation of credit institutions.
CHAPTER II. - Provisions relating to credit institutions
Art. 3. In the Act of 22 March 1993 on the Status and Control of Credit Institutions, the following amendments are made:
1° the words "the European Community" are replaced each time by the words "The European Economic Area", except in articles 4, paragraph 2, 5, 49, § 2, paragraph 2, 65, paragraph 2, 75, § 3, and in the title of chapter I of title XIII;
2° to Article 49, § 2, paragraph 6, the words "the Community" are replaced by the words "European Economic Area";
3° to article 65, paragraph 1^er, the words "the European Community" and the word "community" are replaced respectively by the words "European Economic Area" and the words "European Economic Area";
4° to articles 14, paragraph 1^er, and 110, paragraph 3, the words "non-member states of the European Communities" and the words "member state of the European Communities" are replaced respectively by the words "non-member states of the European Economic Area" and by the words "member state of the European Economic Area".
Art. 4. Section 19, paragraph 2, 2°, (b), of the Act is replaced by the following provision:
"(b) to section 25 of the Act of 22 April 2003 on public offers of securities; "
Art. 5. In section 55, paragraph 3, of the Act, the words "by section 40 of Royal Decree No. 185 of 9 July 1935" are replaced by the words "by section 74 of the Act of 2 August 2002 on the supervision of the financial sector and financial services".
Art. 6. In article 56 of the same law, as amended by the law of 2 August 2002, the words ", which were declared bankrupt" are inserted between the words "who give up their approval" and the words "or who have ceased to exercise their activities".
Art. 7. In Article 57, § 5, of the same law, the word "revocation" is replaced by the word "radiation".
Art. 8. In section 60, paragraph 2, of the same law, the word "revocation" is replaced by the word "radiation".
Art. 9. In Article 74, § 2, paragraph 3, of the same Law, the words "by Article 40 of Royal Decree No. 185 of 9 July 1935" are replaced by the words "by Article 74 of the Act of 2 August 2002 on the supervision of the financial sector and financial services".
CHAPTER III. - Provisions relating to insurance companies
Art. 10. In the Act of 9 July 1975 on the control of insurance companies, the words "of the European Community" and the words "of the European Communities" are replaced each time by the words "of the European Economic Area" and the words "in the Community" by the words "in the European Economic Area", except in articles 2, § 6, 1°, 37bis, § 1^erParagraph 3, and § 2, subparagraph 3, and 37ter, in limin.
Art. 11. Article 6, paragraph 1^er, of the same law, point (c) is deleted.
CHAPTER IV. - Amendments
Art. 12. Section 34, 3°, of the Financial Sector Supervision and Financial Services Act of August 2, 2002, is supplemented as follows:
"It may also ask the commissioners of the issuers of financial instruments, at the expense of these issuers, of periodic reports on the subjects it determines."
Art. 13. In section 49, § 8, of the Act, the following amendments are made:
1° to paragraph 4, the words "in accordance with paragraph 1^er"are replaced by the words "in accordance with paragraph 3";
2° the following paragraph is inserted between paragraphs 5 and 6:
"In addition to the authorization to delegate referred to in paragraph 3, the steering committee may also delegate the power to make a decision on the application of Arti cle 7, § 3, this Act and Articles 6 and 56 of the Royal Decree of November 8, 1989 on public tenders and corporate control, to one or more of its members for situations that may not suffer any delay. » .
Art. 14. Section 56 of the Act is supplemented by the following paragraph:
"The credits, whatever their form, granted for the acquisition of the building intended for the headquarters of the CBFA, benefit from the guarantee of the State up to capital and interest, including the interest of possible delay. » .
Art. 15. In Article 9 of the Act of 28 April 1999 to transpose Directive 98/26/EC of 19 May 1998 concerning the final character of the regulation in the payment and settlement systems of securities transactions, the words ", as well as any transfer of money, through a credit institution of Belgian or foreign law, to carry to such a cash settlement account," are inserted between the words "system," and "can not".
CHAPTER V. - Final provision
Art. 16. Section 12 produces its effects on 1^er January 2004 so that its periodic reports may cover a period beginning on that date.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 19 November 2004.
ALBERT
By the King:
Minister of Finance,
D. REYNDERS
Minister of Economy, Energy, Foreign Trade and Science Policy,
Mr. VERWILGHEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
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Note
(1) Session 2004 - 2005.
House of Representatives.
Documents. - Bill, 51-1265, No. 1. - Text adopted.
Senate.
Documents. - 3-802, No. 1. - Expiration of the evocation period.