12 JANVIER 2004. - An Act to amend the Act of 11 January 1993 on the Prevention of the Use of the Financial System for the Purpose of Money Laundering, the Act of 22 March 1993 on the Status and Control of Credit Institutions, and the Act of 6 April 1995 on the Status and Control of Investment Businesses, Financial Intermediaries and Investment Advisors

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution and aims to transpose Directive 2001/97/EC of the European Parliament and of the Council of 4 December 2001 amending Council Directive 91/308/EEC on the prevention of the use of the financial system for money-laundering purposes.
Art. 2. The title of the Act of 11 January 1993 on the Prevention of the Use of the Financial System for the Purpose of Money Laundering is replaced by the following title:
"The Prevention of Use of the Financial System for Money Laundering and Financing of Terrorism Act of 11 January 1993. »
Art. 3. Section 2 of the Act of 11 January 1993 on the Prevention of the Use of the Financial System for the Purpose of Money Laundering, replaced by the Royal Decree of 22 April 1994 and amended by the Royal Decrees of 24 March 1995 and 28 December 1999 and by the Act of 10 August 1998, are amended as follows:
1° to paragraph 1^er17°, the words "in article 3, 1°, of the same order" are replaced by the words "in article 3 of the same order";
2° paragraph 1^er, 18°, is replaced by the following text:
"18° authorized guardianship companies, pursuant to Article 1^er§ 1^er, 3°, and section 2 of the Act of 10 April 1990 on custodial enterprises, security companies and internal custodial services, to provide monitoring and protection services for the carriage of values; »;
3rd paragraph 1^er is completed as follows:
20° Belgian regulated market enterprises, except in respect of their public missions;
21° diamond traders registered under Article 169, § 3, of the Programme Law of 2 August 2002;
22° the insurance intermediaries covered by the Act of 27 March 1995 relating to the intermediation in insurance and the distribution of insurance, which carry out their professional activities, apart from any exclusive agency contract, in the "life" activity group referred to in the Act of 9 July 1975 on the control of insurance companies. "
Art. 4. An article 2ter, as follows, is inserted in the same law:
"Art. 2ter. - To the extent expressly provided for in this Act, the provisions of this Act shall also apply to lawyers:
1° when they assist their client in the preparation or realization of transactions concerning:
(a) the purchase or sale of immovable or commercial property;
(b) the management of funds, securities or other assets owned by the client;
(c) the opening or management of bank accounts or savings or portfolios;
(d) the organization of the necessary inputs for the formation, management or management of companies;
(e) the formation, management or direction of trusts, corporations or similar structures;
2° or when they act on behalf of their client and on behalf of their client in any financial or real estate transaction. "
Art. 5. In section 3 of the Act, as amended by the Act of 7 April 1995, the following amendments are made:
1° 1 § 1^erbis is inserted, as follows:
« § 1^erbis. For the purposes of the application of this Act, the financing of terrorism is defined in Article 2, § 2, (b), the framework decision of the Council of the European Union of 13 June 2002 on the fight against terrorism and Article 2 of the International Convention for the Suppression of the Financing of Terrorism, made in New York on 9 December 1999. »;
2° to § 2, 1°, the following modifications are made:
(a) in the first draw, the words “to terrorism” are replaced by the words “to terrorism or the financing of terrorism”;
(b) in the eighth dash, the words "to illegal use in animals of hormone-effect substances, anti-hormonal effects, beta-adrenergic effect, or to illegal trade in such substances" are replaced by the words "to illegal use, in animals, hormone-effect substances or illegal trade in such substances";
(c) in the tenth draw, the words "of the European Union" are replaced by the words "of the European Communities";
(d) in the twelfth dash, the words “to corruption of public officials” are replaced by the words “to the diversion of public officials and corruption”;
(e) 1° is completed by the following dashes:
" - serious environmental crime;
- counterfeit currency or bank notes;
- counterfeit property;
- Piracy. »;
3° to § 2, 2°, the words "or an irregular public appeal to savings" are replaced by the words ", an irregular public appeal to savings or the provision of investment services, foreign exchange trade or transfers of funds without approval";
4° to § 2, 3°, the words "financial fraud" are replaced by the words "a scam, an abuse of trust, an abuse of social property" and the words "fraudulent bankruptcy" are replaced by the words "fraudulent bankruptcy offence";
5° to § 3, the following amendments are made:
(a) the words "in section 2" are replaced by the words "in articles 2, 2bis and 2ter";
(b) the words "Money Laundering" are replaced by the words "Money Laundering and Financing of Terrorism".
Art. 6. In the title of Chapter II of the Act, the words "sections 2 and 2bis" are replaced by the words "sections 2, 2bis and 2ter".
Art. 7. Section 4 of the Act, as amended by the Act of 10 August 1998, is replaced by the following provision:
“Article 4. - § 1^er. Organizations and persons referred to in articles 2, 2bis, 1° to 4°, and 2ter, must identify their clients and their agents and verify their identity, by means of a probative document, of which it is taken copy, on paper or electronic, when:
1° they create business relationships that will make them usual customers;
2° the customer wishes to realize :
(a) an operation whose amount reaches or exceeds EUR 10,000, whether carried out in one or more transactions between which a link appears to exist; or
(b) an operation, even if the amount is less than EUR 10,000, as soon as there is suspicion of money laundering or terrorist financing; or
(c) a transfer of funds referred to in section 139bis of the Act of 6 April 1995 relating to the status of enterprises and their control, to intermediaries and investment advisers;
3° they have doubts about the veracity or accuracy of the identification data about an existing client.
Identification and verification relate to the name, first name and address for natural persons. Notwithstanding Article 5, § 1^er, for legal persons and trusts they relate to the social name, head office, administrators and knowledge of the provisions governing the authority to hire the legal person or trust. Identification also addresses the intended purpose and nature of the business relationship.
§ 2. Organizations and persons referred to in sections 2, 2bis, 1° to 4°, and 2ter, must exercise constant vigilance with respect to the business relationship and ensure a careful review of the transactions carried out in order to ensure that they are consistent with the knowledge they have of their client, its business activities, its risk profile and, where necessary, the origin of the funds.
§ 3. When the bodies and persons referred to in articles 2, 2bis, 1° to 4°, and 2ter cannot perform their duty of vigilance referred to in § 1^er and 2, they cannot tie or maintain a business relationship. They determine whether to inform the Financial Information Processing Unit in accordance with sections 12 to 14ter.
§ 4. The bodies and persons referred to in Article 2, with the exception of 17°, 18° and 21°, are authorized to carry out the duties of vigilance referred to in §§ 1^er and 2 by a third party initiator, provided that the latter is also a credit institution or financial institution referred to in section 1^er of Directive 91/308/EEC or a credit or financial institution established in a State whose legislation imposes duties of vigilance equivalent to those provided for in Articles 4 and 5. The Member States of the Financial Action Group on Money Laundering are presumed to meet this requirement. The King may extend this presumption to other States, on the advice of the Financial Information Processing Unit.
§ 5. The organizations referred to in section 2, whose activity covers the transfer of funds within the meaning of section 139bis of the Act of 6 April 1995 relating to the status of investment companies and their control, intermediaries and investment advisors, are required to include transfers and transfers of funds as well as related messages, accurate and useful information relating to their donor clients of order of these transactions. These same organizations retain all of this information and transmit it when acting as an intermediary in a payment chain.
§ 6. The terms and conditions for the application of the obligations listed above will be specified by the authorities referred to in section 21 and, where applicable, by regulation in accordance with section 21bis, depending on the risk of the client, business relationship or operation. With respect to § 5, this includes the conditions under which the information must be kept or made available to authorities or other financial institutions, the regulations that may provide for specific provisions for cross-border transfers transmitted by batch. "
Art. 8. Section 5 of the Act, as amended by the Act of 10 August 1998, is replaced by the following provision:
“Article 5. - § 1^er. Organizations and persons referred to in sections 2, 2bis, 1° to 4°, and 2ter, shall identify and take all reasonable measures to verify the identity of the person or persons for which the operation is carried out:
1° in case of doubt as to whether the customers referred to in section 4 act on their own behalf or in case of certainty that they do not act on their own behalf;
2° when the client is a legal person or a trust.
When the client is a legal person or trust, the measures include the identification of the natural person(s) who, in the last resort, own or control the client.
When the customer or holder of a controlling interest is a listed corporation, it is not necessary to identify its shareholders or verify their identity.
§ 2. The terms and conditions for the application of the obligations listed above shall be specified by the authorities referred to in section 21 and, where applicable, by regulation in accordance with section 21bis, depending on the risk that the client, the business relationship or the transaction represent. "
Art. 9. In section 5bis of the Act, inserted by section 7 of the Act of 10 August 1998, the words "of which it is taken a copy" are replaced by the words "of which it is taken a copy, on paper or electronic form".
Art. 10. In section 6 of the Act, as amended by the Act of 10 August 1998, the following amendments are made:
A. Paragraph 1^er the following modifications are made:
1° the words "organisms and persons referred to in section 2" are replaced by the words "organisms and persons referred to in sections 2, 2bis, 1° to 4°, and 2ter" and the words "an organization or person referred to in section 2" are replaced by the words "an organization or person referred to in section 2, except 17°, 18° and 21°";
2° the paragraph is supplemented by the words "or a credit institution or a financial institution established in a State whose legislation imposes obligations equivalent to those provided for in Directive 91/308/EEC. The Member States of the Financial Action Group on Money Laundering are presumed to meet this requirement. The King may extend this presumption to other States, on the advice of the Financial Information Processing Unit. "
B. In paragraph 2, the words "insurance companies referred to in section 2, 4°" are replaced by the words "insurance companies referred to in section 2, 4°, and insurance intermediaries referred to in section 2, 22°".
Art. 11. An article 6bis, as follows, is inserted in the same law:
"Art. 6bis. - Organizations and persons referred to in Articles 2, 2bis and 2ter shall take the specific and appropriate provisions necessary to address the increased risk of money laundering and the financing of terrorism that exists when they do business relations or make a transaction with a client that is not physically present for the purpose of identification.
The terms and conditions for the application of this obligation shall be specified by the authorities referred to in Article 21 and, where applicable, by regulation in accordance with Article 21bis. "
Art. 12. In section 7 of the Act, as amended by the Act of 10 August 1998, the following amendments are made:
1° to paragraph 1^er, the words "at articles 2 and 2bis, 3° to 5°" are replaced by the words "at articles 2, 2bis and 2ter";
2° in paragraph 3, the words "in articles 2 and 2bis, 5°" are replaced by the words "in articles 2, 2bis, 1° and 5°, and 2ter";
3rd paragraph 3 is supplemented by the words "They record the transactions carried out so that they can respond to the requests for information referred to in section 15, within the period referred to in this section. "
Art. 13. In section 8 of the Act, as amended by the Act of 10 August 1998, the following amendments are made:
1° the following paragraph is inserted before paragraph 1^er :
"Organisms and persons referred to in articles 2, 2bis and 2ter pay particular attention to any operation that they consider particularly likely, by its nature or by its unusual nature, in relation to the activities of the client, the circumstances surrounding it or the quality of the persons involved, to be related to money laundering or the financing of terrorism. »;
2° paragraph 1^er is replaced by the following provision:
"Organisms and persons referred to in articles 2 and 2 bis, 5°, prepare a written report on the results of this review; this report is transmitted to persons referred to in section 10 for the purpose of being retained during the period prescribed in section 7. »;
3° in paragraph 2, the words "to money laundering" are replaced by the words "to money laundering and the financing of terrorism".
Art. 14. In section 9 of the Act, as amended by the Act of 10 August 1998, the following amendments are made:
1° the words "at articles 2 and 2bis" are replaced by the words "at articles 2, 2bis and 2ter";
2° the words "to money laundering" are replaced by the words "to money laundering and the financing of terrorism".
Art. 15. In section 10 of the Act, as amended by the Act of 10 August 1998, the following amendments are made:
1° the words "to money laundering" are replaced by the words "to money laundering and the financing of terrorism";
2° the article is supplemented by the following paragraphs:
"Internal control procedures will specifically take into account the increased risk of money laundering and the financing of terrorism in the event of remote operations referred to in Article 6bis.
The terms and conditions for the application of this obligation shall be specified by the authorities referred to in section 21 of this Act and, where applicable, by regulation in accordance with section 21bis. "
Art. 16. It is inserted in the same law a chapter IIbis, including articles 10bis and 10ter, entitled " Limitation of Payments in Case".
Art. 17. Article 10bis of the same law, inserted by the law of 10 August 1998, is inserted in Chapter IIbis. Limitation of cash payments."
Art. 18. Section 10bis of the Act, inserted by the Act of 10 August 1998, is replaced by the following provision:
"Article 10bis. - The price of the sale of a real property can only be paid by means of a transfer or cheque, except for an amount not exceeding 10% of the price of the sale, and provided that this amount is not more than 15,000 EUR. The agreement and the act of sale must specify the number of the financial account by the debit of which the amount has been or will be transferred.
When the persons referred to in articles 2, 17°, and 2bis, 1°, note the non-compliance with the previous provision, they immediately inform the Financial Information Processing Unit. "
Art. 19. An article 10ter, as follows, is inserted in the same law:
"The price of the sale by a merchant of an item whose value reaches or exceeds 15,000 EUR cannot be paid in cash. "
Art. 20. In the title of Chapter III of the Act, the words "sections 2 and 2bis" are replaced by the words "sections 2, 2bis and 2ter" and the words "Money Laundering" are replaced by the words "Money Laundering and Financing of Terrorism".
Art. 21. In section 11 of the Act, as amended by the Acts of 7 April 1995 and 10 August 1998, the following amendments are made:
1° to § 1^erthe words "money laundering" are replaced by the words "money laundering and the financing of terrorism";
2° in § 2, the words "at articles 2 and 2bis" are replaced by the words "at articles 2, 2bis and 2ter" and the paragraph is supplemented by the following words: "The rules relating to the transmission of information referred to in articles 12 to 15, by persons referred to in articles 2, 2bis and 2ter, may be established by the King, on the advice of the Financial Information Processing Unit. »;
3° in § 3, the words "financial experts" are replaced by the words "financial experts and a senior officer, seconded from the federal police";
4° the article is supplemented by a § 8, written as follows:
Ҥ 8. This authority is equivalent to the State for the application of the laws and regulations relating to the taxes, taxes, fees and royalties of the State, the provinces, the communes and the towns of municipalities. "
Art. 22. In section 12 of the Act, as amended by the Act of 10 August 1998, the following amendments are made:
1° to § 1^er, the words "to money laundering" are replaced by the words "to money laundering or the financing of terrorism";
2° in § 2, paragraph 3, the words "24 hours" are replaced by the words "two working days";
3° in § 3, the words "to the King's Prosecutor" are replaced by the words "to the King's Attorney or the Federal Prosecutor".
Art. 23. In section 13 of the Act, amended by the Act of 10 August 1998, the words "to money laundering" are replaced by the words "to money laundering or the financing of terrorism" and the words "presumed money laundering" are replaced by the words "presumed money laundering and the alleged financing of terrorism".
Art. 24. In section 14 of the Act, the words "a money laundering" are replaced by the words "a money laundering or a financing of terrorism".
Art. 25. In section 14bis of the Act, inserted by the Act of 10 August 1998, the following amendments are made:
1° § 1^er is replaced by the following provision:
« § 1^er. The persons referred to in Article 2bis, 1° to 4°, who in the exercise of their profession, note facts that they know or suspect to be related to money laundering or the financing of terrorism are required to immediately inform the Financial Information Processing Unit. »;
2° to § 2, paragraph 1^er, the words "to money laundering" are replaced by the words "to money laundering or the financing of terrorism";
3° the article is completed by the following paragraph:
Ҥ3. The persons referred to in section 2ter who, in the course of the activities listed in this section, find facts that they know or suspect they are related to money laundering or the financing of terrorism are required to immediately inform the College's staff of which they are responsible.
However, the persons referred to in Article 2ter do not transmit this information if they have been received from one of their clients or obtained on one of their clients during the assessment of the legal situation of that client or in the exercise of their defence or representation mission of that client in a judicial proceeding or in respect of such proceedings, including in the context of advice on how to engage or avoid proceedings, whether or not such information is received prior to such proceedings.
The sticker shall verify compliance with the conditions set out in section 2ter and the preceding paragraph. If these conditions are met, it shall immediately transmit the information to the financial information processing cell. "
Art. 26. Article 14quater, as follows, is inserted in the same law:
"Art. 14quater. - Persons referred to in Article 2, paragraph 1^er, 2°, 3°, 4°, 6°, 8°, 9°, 10°, 19° and 20°, cannot open a branch or office of representation domiciled, registered or established in a State or territory designated by the King pursuant to article 14ter. They may not acquire or create, directly or through a financial company or a joint financial company, a subsidiary carrying on the activity of a credit or investment company or an insurance company, domiciled, registered or established in a specified state or territory. »
Art. 27. Article 15, § 1^erthe Act, amended by the Acts of 7 April 1995 and 10 August 1998, is replaced by the following provision:
« § 1^er. When the Financial Information Processing Unit receives information referred to in Article 11, § 2, the Cell or any of its members or any of its personnel designated for that purpose by the magistrate who directs it or his alternate may be communicated, within the time that they determine, all additional information that they consider useful to the fulfilment of the Cell's mission by:
1° of all the bodies and persons referred to in articles 2, 2bis and 2ter and of the sticker referred to in article 14bis, § 3;
2° of the police services, by derogation from section 44/1 of the Police Service Act of 5 August 1992, as amended by the Act of 26 April 2002 on the essential elements of the status of police personnel and bearing various other provisions relating to police services;
3° of State administrative services;
4° bankruptcy curators;
5° of the provisional directors referred to in Article 8 of the Bankruptcy Act of 8 August 1997;
6° of the judicial authorities. However, information may not be disclosed to the Cell by an investigating judge without the express authorization of the Attorney General or the Federal Prosecutor and information obtained from a judicial authority may not be communicated by the Cell to a foreign agency, pursuant to Article 17, § 2, without the express authorization of the Attorney General or the Federal Prosecutor.
The persons referred to in Article 2ter and the sticker referred to in Article 14bis, § 3, do not transmit this information if the information has been received, by the persons referred to in Article 2ter, from one of their clients or obtained on one of their clients during the assessment of the legal situation of that client or in the exercise of their mission of defence or representation of that client in a judicial procedure or in respect of such proceedings
Judicial authorities, police services, state administrative services, bankruptcy curators and provisional administrators may, from initiative to the Financial Information Processing Unit, provide any information they deem useful in carrying out its mission.
The Public Prosecutor's Office shall communicate to the Financial Information Processing Unit all final decisions made in the files that have been transmitted by the cell pursuant to Articles 12, § 3, and 16. »
Art. 28. In section 16 of the Act, as amended by the Act of 10 August 1998, the following amendments are made:
1° the words "Money Laundering" are replaced by the words "Money Laundering or Terrorist Financing";
2° the words "to the King's Prosecutor" are replaced by the words "to the King's Attorney or the Federal Prosecutor";
3° the words "A copy of this information is transmitted by the Cell to one of the national magistrates referred to in Article 144bis of the Judicial Code" are replaced by the words "When the information is transmitted to the Crown Prosecutor, a copy of it is sent by the Unit to the Federal Prosecutor".
Art. 29. In section 17 of the Act, as amended by the Acts of 7 April 1995 and 10 August 1998, the following amendments are made:
1° to § 1^er, the words "or external experts to whom it has recourse" are replaced by the words ", members of the police services and other officials detached from it and the external experts to whom it has recourse";
2° in § 2, paragraph 2, the words "the European Commission's anti-fraud coordination unit" are replaced by the words "the European Anti-fraud Office";
3° in § 2, paragraph 4, the words "to the King's Prosecutor" are replaced by the words "to the King's Prosecutor or the Federal Prosecutor";
4° in § 2, paragraph 5, the words "of the European Union" are replaced by the words "European Communities" and the words "the coordination unit of the anti-fraud struggle of the European Community" are replaced by the words "the European Anti-fraud Office";
5° § 2 is supplemented by the following paragraphs:
"When this transmission concerns information about money laundering from the commission of an offence related to serious and organized tax evasion, which implements complex mechanisms or uses international processes, or the commission of an offence that is within the jurisdiction of the Customs and Excise Administration, the Cell informs the Minister of Finance of this transmission.
When this transmission relates to information for which the Security of the State or the General Intelligence and Security Service of the Armed Forces provided information to the Cell, it informs them of this transmission. »
Art. 30. In section 18 of the Act, as amended by the Act of 10 August 1998, the following amendments are made:
1st paragraph 1^er, is replaced by the following provision:
"The transmission of information referred to in sections 12 to 14ter is normally carried out by the designated person within the organizations referred to in sections 2 and 2bis, 5°, in accordance with section 10 or by persons referred to in sections 2bis, 1° to 4° and 2ter. »;
2° in paragraph 2, the words "in articles 2 and 2bis, 5°," are replaced by the words "in articles 2, 2bis and 2ter".
Art. 31. In section 19 of the Act, amended by the Act of 10 August 1998, the words "at articles 2 and 2bis" are replaced by the words "at articles 2, 2bis and 2ter and the sticker referred to in article 14bis, § 3".
Art. 32. In section 20 of the Act, amended by the Act of 10 August 1998, the words "in sections 2 and 2bis, their employees or their representatives" are replaced by the words "in sections 2, 2bis and 2ter, their employees or their representatives and the sticker referred to in section 14bis, § 3".
Art. 33. In section 21 of the Act, as amended by the Act of 10 August 1998, the following amendments are made:
1° to paragraph 1^erthe words "at articles 2 and 2bis" are replaced by the words "at articles 2, 2bis and 2ter" and the words "of money laundering" are replaced by the words "of money laundering or financing of terrorism";
2° in paragraph 2, the words "Belgian regulated market authorities" are replaced by the words "the authorities responsible for the control of financial markets", the words "and the market disciplinary commission with the Brussels Stock Exchange Corporation" are deleted and the words "of money laundering" are replaced by the words "of money laundering or financing of terrorism".
Art. 34. An article 21bis, as follows, is inserted in the same law:
"The control authorities of the bodies and persons referred to in Article 2, paragraph 1^er, 2°, 3°, 4°, 6°, 8°, 9°, 10°, 11°, 15°, 16°, 19° and 20°, set, by way of regulation submitted to the King's approval, the terms of the obligations set out in chapter II.
If these control authorities fail to establish the regulation referred to in the preceding paragraph or to amend it in the future, the King is empowered to take or amend the regulation himself. »
Art. 35. In section 22 of the Act, as amended by the Act of 10 August 1998, the following amendments are made:
1° the words "at articles 2 and 2bis" are replaced each time by the words "at articles 2, 2bis and 2ter";
2° the following paragraph is inserted between paragraphs 1^er and 2:
"The Cell shall be informed by the competent authority of the final penalties imposed pursuant to paragraph 1^er. »
Art. 36. The title of Chapter V of the Act is replaced by the following title:
" Penalties applicable in case of non-compliance with section 10ter".
Art. 37. Section 23 of the Act, repealed by the Act of 6 April 1995, is reinstated in the following wording:
“Art. 23. - Offences to the provisions of section 10ter are found in accordance with section 113 of the Act of 14 July 1991 on trade practices and information and consumer protection, by agents commissioned by the Minister who has the Economic Affairs in his or her powers.
In the event of non-compliance by a merchant with the provisions of section 10ter, the Minister who has the Economic Affairs in his or her powers shall impose an administrative fine, the amount of which may not exceed 10% of the unduly paid sums in cash or exceed EUR 1.250.000; the fine is collected for the benefit of the Treasury by the administration of the T.V.A., registration and domains. "
Art. 38. Section 24 of the Act, as amended by the Act of 10 August 1998 and the Royal Decree of 28 December 1999, is replaced by the following provision:
“Art. 24. - The identification or verification of the identity of natural and legal persons who, at the time of the coming into force of the law of 12 January 2004 amending the law of 11 January 1993 relating to the prevention of the use of the financial system for the purposes of money laundering, the law of 22 March 1993 relating to the status and control of credit institutions and the law of 6 April 1995 relating to the status of investment enterprises and their control, »
Art. 39. In chapter II, section VII, title II, of the Act of 22 March 1993 on the Status and Control of Credit Institutions, the words "of branches" are replaced by the words "of subsidiaries or branches".
Art. 40. An article 33bis, as follows, is included in chapter II, section VII of Part II of the Act:
"Art. 33bis. - A credit institution that plans to acquire or create, directly or through a financial company or a joint financial company, a foreign affiliate carrying on the activity of a credit or investment company shall notify the Banking, Financial and Insurance Commission of its intention. This notification includes information on the activities, organization, shareholding and management of the company concerned. »
Art. 41. In chapter II, section VI, title II, of Book II, of the Act of 6 April 1995 relating to the status of investment companies and their control, to intermediaries and investment advisors, the words "of branches" are replaced by the words "of subsidiaries or branches".
Art. 42. An article 82bis, as follows, is included in chapter II, section VI, title II, of Book II of the Act:
"Art. 82bis. - An investment company that plans to acquire or create, directly or through a financial company or a joint financial company, a foreign affiliate carrying on the activity of a credit or investment company shall notify the Banking, Financial and Insurance Commission of its intention. This notification includes information on the activities, organization, shareholding and management of the company concerned. »
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 12 January 2004.
ALBERT
By the King:
Minister of Justice
Ms. L. ONKELINX
Minister of the Interior
P. DEWAEL
Minister of Finance
D. REYNDERS
Minister of Economy, Energy, Foreign Trade and Science Policy
Ms. F. MOERMAN
The Secretary of State for Finance Modernization and Tax Fraud Control, Deputy Minister of Finance,
H. JAMAR
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
Session 2003-2004
House of Representatives.
Documents. - Bill, 51-383 - No. 1. - Amendment, 51-383 - No. 2. - Report, 51-383 - No. 3 - Text adopted by commission, 51-383 - No. 4. - Text adopted in plenary and transmitted to the Senate, 51-383 - No. 5.
Full report. - 18 December 2003.
Session 2003-2004
Senat.
Documents. - Project referred to by the Senate, 3-426 - No. 1. - Approval report, 3-426 - No. 2.
Annales. - 19 December 2003.