24 MARCH 2003. - An Act to amend the Consumer Credit Act of 12 June 1991 (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. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the Consumer Credit Act of 12 June 1991
Art. 2. Article 1^er the Consumer Credit Act of 12 June 1991, as amended by the Acts of 6 July 1992, 11 December 1998 and 7 January 2001, are amended as follows:
1° 2° is replaced by the following provision:
"(2) the lender: any natural or legal person or group of such persons who consent to a credit in the course of his business or business activities, except for the person or group of persons who offer or conclude a temporary sale or a leasing credit when that contract is subject to an immediate assignment or subrogation for the benefit of a registered lender designated in the contract; »;
2° the 3° is completed by the following paragraph:
"A person who offers or consents to a temperament sale or a lease credit when that contract or the receivable resulting from that contract is the subject of an immediate assignment or subrogation for the benefit of a registered lender designated in the contract; »;
3° 8° is replaced by the following provision:
"8° the debtor rate: the interest rate, calculated on the actuarial method, expressed as an annual or periodic percentage, that is applied on the portion of the capital that has been taken and is calculated on the basis of the elements specified by the King and according to the mode determined by the King; »;
4° in 9° the words ", sold by the lender or credit intermediary, referred to in Article 1^er, 3°, paragraph 2, are inserted between the words "service delivery" and the words "and whose price";
5° the 12° is replaced by the following provision:
"12° the opening of credit: any credit contract, regardless of its qualification or form, under which a purchasing power, a sum of money or any other means of payment is made available to the consumer, who may use it by making one or more credit levies, in particular by means of a payment card or legitimation or otherwise, and who undertakes to repay according to the agreed terms »;
6° a 12°bis is inserted as follows:
"12°bis the remote credit contract: any credit contract entered into pursuant to Article 77 of the Act of 14 July 1991 on trade practices and information and consumer protection, replaced by the Act of 25 May 1999; »;
6°bis . at 18°, second dash, the words "contractual expired" are replaced by the words "due debtors and, in case of a mere delay in payment as referred to in article 27bis , § 2, interest of delay accrued on the amount in excess";
7° a 21° and 22° written as follows are added:
"21° working days: all calendar days, excluding Sundays and legal holidays. If the period in working days expires on a Saturday, it is extended to the next business day;
22° the Minister and the Minister of Economic Affairs: the Minister who has the Economic Affairs in his office. "
Art. 3. Article 2, 2°, first dash, of the same law is supplemented by the words "or that".
Art. 4. In section 3 of the Act, as amended by the Acts of 4 August 1992 and 11 April 1999, the following amendments are made:
1° § 1^er, 1°, is replaced by the following provision:
"1° insurance contracts;
contracts with a view to the continued delivery of services, under which the consumer has the right to pay the price of such services, as long as they are provided, by instalment payments, and whose overall price or rate is not determined when the contract is concluded; »;
2(a) § 2, paragraph 1^er, is replaced by the following provision:
“§2. Credit contracts for amounts less than 200 euros are excluded from the scope of this Act except for the provisions of sections 2, 4 to 11, 13, 21, 27 bis to 40, 47 and 48, 54 and 55, 57, 59 and 60, 62 to 67, 74 to 109. »;
(b) after paragraph 1^er § 2, a new provision is inserted, which becomes paragraph 2, which reads as follows:
"The credit contracts recognized by an authentic act which relate to amounts greater than 20,000 euros are not subject to the provisions of this Act except for the provisions of articles 2, 4 to 11, 13, 14, § 3, 1 to 6°, 10° and 11°, and articles 15, 21, 27 bis to 40, 47 and 48, 54 and 55, 57, 59 and 60, 62 to 109. "
Art. 5. In section 5 of the Act, as amended by the Act of 6 July 1992, the following amendments are made:
1° to § 1^er the words "note in a legible, apparent and unambiguous manner" are replaced by the words "containing in an unambiguous, legible and apparent manner or, if any, audible";
2° § 2 is replaced by the following provision:
"Any advertisement that indicates the interest rate or any other figure relating to the cost of the credit can only be made by the unambiguous, legible and apparent or audible indication of the overall effective annual rate. If the advertisement indicates a preferential overall annual effective rate, it must also state the conditions and mention the basic overall annual effective rate. When the indication of the specific overall effective annual rate is not possible, the advertisement must mention the overall effective annual rate using a representative example.
The King sets out what should be understood, for example, as representative as well as the cases in which the King must be used. »;
3° the article is supplemented by a § 3 written as follows:
Ҥ3. Without prejudice to the application of the preceding paragraphs and sections 6 and 6bis, the lender and the credit intermediary shall make available to consumers information in the form of a prospectus that shall contain the financial data relating to the credit contracts offered, including the amount and duration of the credit, the overall effective annual rate, if any the debt rate and recurring and non-recurring charges, and the terms of payment.
The King sets out the financial data to be mentioned in the prospectus. "
Art. 6. The following amendments are made to section 6 of the Act:
« 1° in § 1^erParagraph 1^er, the following three drawers are inserted after the words "credit contract":
- which induces the consumer, unable to face his debts, to use credit;
- that misrepresents the ease or speed with which credit can be obtained;
- which improperly incites the consolidation or centralization of current appropriations; »;
2° to § 1^er, paragraph 2, the words "appearable and unambiguous" are replaced by the words "unambiguous, legible and apparent or, where applicable, audible".
Art. 7. An article 6bis, as follows, is inserted in the same law:
"Art. 6bis . When an advertisement for a credit contract mentions the property or service funded and an overall effective annual rate equal to 0%, it must indicate the benefits that, if applicable, are granted to the consumer who pays the cash.
The price of the funded property or service benefit requested to the consumer who pays credit must be equal to the consumer who pays cash. »
Art. 8. Article 10, paragraph 1^erthe same law shall be replaced by the following provision:
"The lender and credit intermediary are required to apply to the consumer seeking a credit contract, as well as, where appropriate, to persons who constitute a personal security right, the exact and complete information they consider necessary in order to assess their financial situation and repayment faculties and, in any event, their current financial commitments. The consumer and the person who constitutes a personal security right are required to respond in an accurate and complete manner. "
Art. 9. Article 11, 2°, of the same law is supplemented by the words "and the purpose of the credit".
Art. 10. In section 12 of the Act, the words "master of the file that he consulted and to which the consumer can address in accordance with section 70" are replaced by the words "manager of the processing of the files that he consulted including, where applicable, the identity and address of the credit insurer consulted, and to which the consumer can address in accordance with section 70".
Art. 11. In chapter III, section 1, in the title of subsection 2, of the Act, the words "From the offer of credit" are replaced by the words "From the contract of credit".
Art. 12. Section 14 of the Act, as amended by the Acts of 7 January 2001 and 10 August 2001, is amended as follows:
1° § 1^er is replaced by the following provision:
« § 1^er. Without prejudice to the application of section 45, § 2 of this Act, the credit contract shall be concluded by the signature of a written document in as many copies as there are parties with a separate interest in the credit contract. An additional copy must be submitted to the credit intermediary.
Any form of signature by the lender is authorized as long as it allows the consumer to clearly identify, at the time of the credit contract surrender, the lender who has committed.
For an opening of credit, the consumer must precede his signature of the manuscript mention of the amount of the credit: "Light and approved for ... euros on credit." For all other credit contracts, the consumer must precede his signature of the manuscript mention of the amount to be refunded: "Light and approved for ... euros to be refunded." In both cases, the consumer must also provide a handwritten mention of the date and the precise address of the contract signature. »;
2° § 2 is repealed;
3° to § 3 former, which became § 2, in limine, the words "The offer mentions" are replaced by the words "The credit contract mentions";
4° § 3, 4°, old, became § 2, 4°, is replaced by the following provision:
"4° the amount of the credit; »;
5° § 3, 13°, old, became § 2, 13°, is replaced by the following provision:
"13° according to the credit contract, the text of article 18 or article 20bis, paragraph 2. »;
6° the old § 3, which became § 2, is supplemented by the following paragraphs:
"In the event of a capital depreciation refund, the credit contract shall determine the periodic repayments and the times and conditions to which these amounts are to be paid. Except for the opening of credit, the credit contract must also include a depreciation table mentioning the decomposition of each periodic repayment of amortizing capital and the total cost of the credit as well as the indication of the remaining balance due after each payment.
In the event of adjustment of the overall effective annual rate in accordance with Article 30, § 2, a new damping board shall be given free of charge to the consumer.
In the event of a capital depreciation, the credit contract must mention the times and conditions of payment of interest receivables and associated costs.
The overall actual annual rate shall be calculated on the remaining balance owing. In the case of an appropriation of credit, the debtor rate, and if applicable the associated costs, shall be calculated on the portion of the capital that has been taken. »;
7° § 4, former, became § 3, is replaced by the following provision:
Ҥ3. The credit contract also includes in the form of separate and bold clauses of a different type:
1° to the height of the place where the consumer applies his signature, mentions:
(a) "Do not sign an unfulfilled contract. »;
(b) "Insurance is never mandatory. In accordance with Article 4, § 2, paragraph 2 of the Law of 25 June 1992 on the land insurance contract, the insurance taker has the right to terminate the contract, with immediate effect at the time of notification, for a period of thirty days from the receipt by the insurer of the presigned police or the application. »;
2° the mention: "The consumer cannot sign any letters of exchange or promissory notes in order to promise or guarantee the payment of its commitments resulting from the credit contract. Nor can he sign cheques to guarantee his commitments under a credit contract. »;
3° the mention: "In addition to the agreed overall effective annual rate, the consumer may not be required other costs or allowances other than those expressly agreed upon. »;
4° the mention: "If the credit contract contains a reservation of ownership clause, it must reproduce the text of Article 491 of the Criminal Code. If this text is not reproduced in the contract, the clause is deemed not written. »;
8° old § 5 becomes § 4;
9° a § 5 is added as follows:
Ҥ 5. When the credit contract mentions the funded property or service benefit and when the agreed overall effective annual rate is equal to 0%, it must indicate the benefits that, if applicable, are granted to the consumer who pays the cash.
The price of the property or service, requested to the consumer who pays on credit, must be equal to the amount requested to the consumer who pays on cash. »;
10° § 4bis , inserted by the law of 7 January 2001, is repealed;
11° it is added a § 6, as follows:
“§ 6. When the consumer makes use of the right to terminate the insurance contract, referred to in § 3, 1°, b) and the related costs are included in the total cost of the credit, the lender shall inform the consumer, in writing and without delay, of the new overall annual rate, of the new interest rate of delay and, where applicable, of the resulting new amortization table. "
Art. 13. Section 15 of the Act, as amended by the Act of 10 August 2001, is replaced by the following provision:
“Art. 15. The lender may only enter into a credit contract if, given the information available to him or her, including on the basis of the consultation organized by Article 9 of the Central Credits to Individuals Act of 10 August 2001, and on the basis of the information referred to in Article 10, the lender must reasonably consider that the consumer will be in a position to comply with the obligations arising from the contract. "
Art. 14. In section 16 of the Act the words "As long as the offer is not accepted" are replaced by the words "As long as the credit contract has not been signed by all parties".
Art. 15. In chapter III, section 1, the title "subSection 3 - The conclusion and form of the credit contract is repealed.
Art. 16. Section 17 of the Act, as amended by the Act of 30 October 1998 and the Royal Decree of 13 July 2001, is replaced by the following provision:
“Art. 17. - The lender may not enter into a credit or personal security contract only after verification of the identification data on the basis and as the case may be:
- the identity card referred to in section 6 of the Act of 19 July 1991 relating to registers of the population and identity cards and amending the Act of 8 August 1983 organizing a National Register of Natural Persons;
- the residence permit issued at the time of registration in the waiting register referred to in section 1^er§ 1^erParagraph 1^er2° of the Act of 19 July 1991 referred to above;
- the identity card, passport or travel document taking place, issued to a foreigner who does not reside in the Kingdom, by the State where he resides or is a national.
The King may amend the provisions of this article in order to comply with the laws amending the texts listed therein. "
Art. 17. Section 18 of the Act is replaced by the following provision:
“Art. 18. § 1^er. The consumer has the right to waive the credit contract for a period of seven working days from the first working day after the contract is signed. This right does not apply to a temporary sale, a lease and a temporary loan, provided that the amount of the credit for these contracts is less than EUR 1.250.
The King can increase this amount of credit.
§ 2. The consumer also has the right to waive the credit contract for a period of seven working days from the first working day following the contract's signature, when the contract was entered in the presence of both parties outside the lender's business or credit intermediary.
§ 3. When the consumer abandons the credit contract, he notifies his decision by registered letter to the lender.
Consumers who use the faculty referred to in paragraphs 1^er and 2, is required to return the amounts or assets received at the same time, and to pay the interest due for the credit withdrawal period, calculated on the basis of the agreed total annual effective rate.
No other compensation may be claimed as a result of the consumer's waiver and the deposit paid as part of a temperament sale shall be refunded to the consumer within 30 days of the waiver.
The resolution of the credit contract entails full resolution of the attached contracts.
§ 4. This section does not apply to the remote credit contract referred to in section 20bis , paragraph 1^er. "
Art. 18. In section 20 of the Act the first and the second paragraph shall be replaced by the following provision:
"Whenever the payment of a price is paid, in whole or in part, using a credit contract for which the seller or service provider intervenes as a lender or credit intermediary for the conclusion of this credit contract, no undertaking may validly be contracted by the consumer with respect to the seller or service provider, nor any payment made from one to another, as long as the consumer has not been signed. "
Art. 19. It is included in chapter III, section I^re, subsection 5, of the Act, a new section 20bis, as follows:
"Art. 20bis . - When the remote credit contract mentions the property financed, sold remotely, or the amount of the credit or the amount taken is paid directly by the lender to the seller remotely, the delivery of the property may take place, by derogation from articles 16 and 20, paragraph 1^er, before the signature of the credit contract by the consumer and as long as the consumer has the credit contract at the time of delivery.
Without prejudice to Article 45, § 2, the remote credit contract referred to in paragraph 1^er is perfect, only at the expiry of the reflection period, applicable to remote sale, covered by the law on trade practices and provided that the consumer has not exercised his right to waiver. During this period of reflection, the consumer also has the right to notify the lender that he renounces the credit contract.
By derogation from Article 45, § 1^er, no deposit may be required before the expiry of the period of reflection referred to in the preceding paragraph. The consumer who does not renounce the transaction must pay the deposit no later than seven working days after the expiry of the reflection period. "
Art. 20. The following amendments are made to section 21 of the Act:
1° § 1^er is replaced by the following provision:
« § 1^er. The King determines the method of fixing and, where applicable, adjusting the overall actual annual rates maxima and sets the maximum effective annual rate according to the type, amount and possibly, the duration of the credit. »;
2° § 2 is replaced by the following provision:
“§2. When the calculation of the overall effective annual rate referred to in section 1^er, 6°, requires the use of hypotheses, the King may also fix according to the provisions referred to in § 1^er, the maximum cost of the credit, i.e. the maximum debt rate, and if applicable, the maximum recurring costs and the maximum non-recurring charges related to the opening of credit. »;
3° § 3 is supplemented by the following paragraph:
"A reduction in the maximum effective annual rate and, where applicable, the maximum cost of the credit is to be applied immediately to the current credit contracts that provide, within the limits of this Act, the variability of the overall effective annual rate or the debtor rate. »
Art. 21. Article 22 of the same law, the current text of which shall form § 1^er, a § 2 and § 3 are added as follows:
Ҥ2. Indeterminate or fixed-term credit contracts of more than five years that do not provide for periodic capital repayments must set a zeroing period in which the total amount to be refunded must be paid. The King may set a maximum period of zeroing.
§ 3. If, pursuant to Article 30, § 2, the credit contract authorizes the adjustment of the overall effective annual rate, it states that in the event of adaptation, the consumer may require the maintenance of the term amount, as well as the extension or reduction of the agreed refund period. The exercise of this right may lead to the exceedance of the maximum refund period referred to in § 1^er.
Prior to the conclusion of the credit contract, the lender expressly informs the consumer of this right. "
Art. 22. Section 23 of the Act is replaced by the following provision:
“Art. 23. § 1^er. The consumer has the right to repay in whole or in part and at any time the balance of the remaining capital due in advance.
He advises the lender of his intention by registered letter to the position, at least ten days before the refund.
§ 2. In the event of an advance refund, the credit contract may provide compensation.
When the advance payment is complete, the allowance shall be calculated at the agreed overall annual effective rate on the balance remaining due to the date of the advance refund. She cannot exceed:
- two months of the total cost of credit for credit contracts in the amount of credit less than 7.500 euros;
- three months of the total cost of credit for credit contracts with a credit amount equal to or greater than 7.500 euros.
§ 3. No compensation may be claimed:
1° if by the application of articles 85, 86, 87, 91 or 92, the obligations of the consumer were reduced to the price of the cash or the amount borrowed;
2° in the case of a refund in execution of an insurance contract conventionally intended to guarantee the refund of the credit. "
Art. 23. In section 26 of the Act, the words "credit offer" are replaced by the words "credit contract".
Art. 24. In section 27 of the Act, the words "initial lender" are replaced by the words "transfer or subrogator".
Art. 25. In section 27bis of the Act, inserted by the Act of 7 January 2001, the following amendments are made:
1°) § 2 is supplemented by the following paragraph:
"When the contract is terminated in accordance with Article 58, § 3, or has terminated and the consumer has not executed three months after the deposit to the post of a recommended letter containing stipulation, no payment other than those indicated below may be claimed to the consumer:
- the fallen and unpaid capital;
- the amount of the total cost of the lost and unpaid credit;
- the amount of the agreed delayed interest calculated on the fallen and unpaid capital;
- the penalties or allowances agreed within the limits and limits referred to in § 1^er.
2°) to § 4, the following paragraph shall be inserted between paragraphs 1^er and 2:
"A new document detailing and justifying the amounts due under §§ 1^er and 2 must be given free of charge, not more than three times a year, to the consumer who makes the request. »
Art. 26. In section 29 of the Act, as amended by the Act of 7 January 2001, the following amendments are made:
1° in 2° the words "when the lender has reserved the property, in accordance with Article 46" are replaced by the words "when the lender has reserved the property, in accordance with Article 14, § 3, 4°, or while the transfer of ownership, in accordance with the rules of leasing, has not yet been realized. »;
2° the article is completed by a 3° written as follows:
"3° in case the consumer exceeds the amount of the credit referred to in sections 60bis and 60ter and would not have been executed one month after the deposit to the post of a recommended letter containing a stay. These terms must be recalled by the lender to the consumer during the stay. "
Art. 27. Section 30 of the Act is replaced by the following provision:
"Art. 30. § 1^er. Except as provided for in this Act, any clause to amend the terms and conditions of the credit contract shall be deemed not in writing.
§ 2. Without prejudice to the provisions of Article 21, §§ 1^er and 3, credit contracts with a refund period of more than five years may provide that the overall effective annual rate may be adjusted in accordance with the rules set out in section 9 of the Mortgage Credit Act of 4 August 1992 and under the Mortgage Credit Act. In this case, the notion of "constitutive act" referred to in Article 9, is defined as "credit contract". "
Art. 28. Section 31 of the Act is replaced by the following provision:
“Art. 31. § 1^er. Without prejudice to the application of § 4, it is prohibited for the lender and the credit agent to impose on the consumer, as part of the conclusion of a credit contract, another contract with the lender, credit intermediary or with a third person designated by the lender.
§ 2. It is also prohibited for the lender and the credit intermediary to provide to the consumer, upon conclusion of a credit contract, the obligation to put the borrowed capital, in whole or in part, in pledges or to allocate it, in whole or in part, to the establishment of a deposit or to the purchase of securities or other financial instruments.
§ 3. The system of replenishment of capital, as defined in section 5, 2° of the Act of 4 August 1992 on mortgage credit, is prohibited.
§ 4. When the credit contract is accompanied by the conclusion of a remaining balance insurance contract that covers the risk of death, loss of employment, sickness or incapacity for work, and is intended to ensure the repayment of the credit, and one of the beneficiaries is the lender, credit or credit insurer, the related fees must be included in the total cost of the credit. The King may, in accordance with Article 21, § 1^erset for these contracts the maximum effective annual rate. This paragraph does not apply to credit contracts in excess of 5,000 euros. The King can adapt this amount.
Subparagraph 1^er does not apply if the insurance contract is entered into after the conclusion of the credit contract and the express request of the consumer. The proof of this application lies with the lender and can only be made in a separate written form from the insurance contract and after the conclusion of the credit contract.
The credit contract cannot be accompanied by any other personal insurance contract.
§ 5. Any clause contrary to this section shall be deemed not in writing. "
Art. 29. In chapter III, section 2, sub-section 5, of the Act, a section 33bis is inserted, as follows:
"Art. 33bis . When the consumer has already paid sums equal to at least 40% of the price in the case of a property subject to it, either of a reservation of ownership or of a pledge of pledge with an irrevocable mandate, this property can be resumed only by virtue of a judicial decision or a written agreement concluded after being issued by registered letter to the position. Article 54, § 1^er remains of application.
The lender must, within thirty days of the date of sale of the funded property, notify the price obtained from the consumer and return the overpayment. In no case, a warrant or agreement entered into for the recovery of a property financed by a credit contract cannot result in unjustified enrichment. »
Art. 30. The following amendments are made to section 34 of the Act:
1° the first sentence of paragraph 1^er is supplemented by the following words ", excluding any other penalty or non-performance costs";
2° to the second sentence of paragraph 1^er, the words "of the offer of credit or" are deleted;
3° the article is completed by the following paragraph:
"For credit contracts concluded for an indefinite period, bail or personal security may only be claimed by the lender for a period of five years. This period can only be renewed through the express agreement, at the end of the period, of the bond or of the person who constitutes a personal security. "
Art. 31. Article 37, § 1^erthe same law is supplemented by the following words:
"and can only be executed and assigned up to amounts due under the credit contract on the date of notification of assignment. »
Art. 32. Section 38 of the Act makes the following amendments:
1° the words "Without prejudice to the provisions of Article 1244 of the Civil Code" are replaced by the words "The Justice of Peace may";
2° § 1^er is supplemented by paragraph 3, which reads as follows:
"The judge may grant the consumer a payment period or a staggering of the debts referred to in Article 27bis , §§ 1^er and 2, even where the lender applies a clause as referred to in section 29 or requires the application of it. »
Art. 33. The following amendments are made to section 41 of the Act:
1° the words "the offer", in limin of the article, are replaced by the words "the contract";
2° 7° is replaced by the following provision:
"7° the precise period between the date of delivery of the property or service delivery and the date of the first payment. »;
3° to 8°, the words "and the methods of calculating these in accordance with Article 23, paragraph 3" are deleted.
Art. 34. Sections 42 to 44 of the Act are repealed.
Art. 35. Article 45, § 1^erthe same law shall be replaced by the following provision:
« § 1^er. The lender must, upon signature of the contract, collect a deposit that cannot be less than 15% of the purchase price on the cash. »
Art. 36. Section 46 of the Act is repealed.
Art. 37. Section 47 of the Act is supplemented by the following paragraph:
"The lender warns the consumer by registered letter to the position that he has the ability to lift the purchase option one month before the last agreed date for that purpose. When the purchase option is not lifted or when the transfer of ownership is not realized, the lease credit can only be converted into a lease through the conclusion of a lease contract. »
Art. 38. Section 48 of the Act provides the following amendments:
1° to 1° the words "if applicable" are deleted;
2° 2° is replaced by the following provision:
"2° the total sum of the payments, as referred to in Article 49, § 3, 2°; "
Art. 39. Section 49 of the Act is replaced by the following provision:
“Art. 49. § 1^er. In terms of leasing, the amount of the credit referred to in article 14, § 2, 4° is the cash price, reduced by the amount of the VAT, of the tangible property offered in leasing. The price of additional service benefits, when offered in funding, decreased the amount of the V.A., is, without prejudice to the application of section 31, also recovered in the amount of the credit. In this case, the contract mentions the price of the constituent elements of the amount of the credit.
§ 2. If a leasing credit provides one or more times during which a purchase option can be lifted, the credit contract must mention the corresponding residual values each time.
If these residual values cannot be determined at the time of the conclusion of the credit contract, the contract must mention parameters allowing the consumer to determine these residual values when the purchase option is lifted.
The King can determine these parameters and their use.
§ 3. Without prejudice to the provisions of Article 14, the lease agreement states:
1° the price in the cash of the tangible property and, where applicable, the cash price of each additional service benefit;
2° the total amount of payments to be made by the consumer, including the residual value of the property to be paid at the lifting of the purchase option. If the purchase option can be lifted at several times, the credit contract mentions the total sum of payments until the purchase option can be lifted for the first time and for the last time. If at the conclusion of the credit contract, the residual value can only be determined using parameters, the credit contract must mention on the one hand, the total amount of the payments to be made and, on the other hand, the minimum and maximum residual value calculated on the basis of these parameters, to be paid by the consumer at the time the purchase option is lifted;
3° the number, amount and periodicity of payments;
4° the precise period between the date of delivery of the property and the date of the first payment;
5° where applicable, the amount of security and the lender's commitment to make the income of the security deposit available to the consumer;
6° the possibility of making an advance refund at any time. »
Art. 40. Sections 50, 51 and 52 of the Act are repealed.
Art. 41. The following amendments are made to section 56 of the Act:
1° the words "the offer for one", in limine of the article, are replaced by the words "the contract of";
2° 1° is repealed;
3° the 5° is replaced by the following text:
"5° the specific period between the date on which the amount of the credit is made available to the consumer or, where applicable, the date of delivery of the property or service provision referred to in section 19 and the date on which the first payment is made; »;
4° to 6°, in fine, the words "and the methods of calculating these in accordance with Article 23, paragraph 3", are deleted.
Art. 42. The following amendments are made to section 58 of the Act:
1° § 1^er is replaced by the following provision:
« § 1^er. The provisions of Article 14, except § 3, paragraph 1^er, 3°, also applies to the opening of credit. »;
2° to § 2, in limine, the words "the offer" are replaced by the words "the contract";
3° § 2, 1°, is replaced by the following provision:
"1° the annual debt rate";
4° in § 3, the words "the offer" are replaced by the words "the contract";
5° the article is supplemented by a § 4 written as follows:
“§4. Article 3, § 1^er, 4°, does not apply to exceedances of the amount or duration of credit openings. "
Art. 43. Section 59 of the Act is replaced by the following provision:
"Art. 59. § 1^er. For each appropriation, the lender sends a monthly statement where he mentions:
1° the specific period on which the account is recorded;
2° the amounts taken and their date;
3° where applicable, the remaining balance due from the previous statement and the date;
4° the date and the amount of the costs due;
5° the date and amount of payments made by the consumer;
6° the last agreed annual debtor rate;
7° the date and total amount of interest due;
8° where applicable, the minimum amount to be paid;
9° where applicable, the remaining balance due;
10° the new total amount due.
The value dates of the consumer's credit levies and payments received by the lender are, if applicable, subject to the application of the law of July 10, 1997 on the dates of the value of bank transactions.
§ 2. When the lender makes use of the ability to change the debtor rate referred to in section 60, the consumer must be clearly and in advance informed of the debtor rate, as well as the resulting new overall effective annual rate, using an account statement.
§ 3. Where the lender has information to consider that the consumer will no longer be in a position to comply with its obligations, the lender may suspend credit levies, provided that, under penalty of nullity, the lender has promptly notified the consumer of his duly motivated decision, by registered letter to the position. "
Art. 44. In section 60 of the Act, paragraphs 1^er and 2 are replaced by the following paragraph:
"A credit opening may provide that the debtor rate may be changed. "
Art. 45. An article 60bis, as follows, is inserted in the same law:
"Art. 60bis . § 1^er. The excess of the amount of the credit is prohibited. The lender must mention this prohibition in the contract.
If, however, an overrun occurs, the lender must suspend the credit levies and require the refund of the overrun within a maximum period of forty-five days from the day of the overrun.
In this case, only late interest and expenses expressly agreed and authorized by this Act may be claimed. Delay interest shall be calculated on overrun.
§ 2. If the consumer fails to comply with the obligations under the preceding paragraph, the lender must either terminate the contract in accordance with section 29, 3°, or establish by innovation a new contract with a higher amount of credit in accordance with all the provisions of the law. »
Art. 46. An article 60ter, as follows, is inserted in the same law:
"Art. 60ter . The lender may, at the express and prior request of the consumer, authorize in writing at the last rate of debt applied, excluding any penalty, allowance or delayed interest, a temporary overrun of the amount of the credit for a maximum period of forty-five days.
If the overtaking is not cleared at the end of the period referred to in paragraph 1^er, the lender shall suspend the credit levies and shall either terminate the contract in accordance with section 29, 3°, or establish by innovation a new contract with a higher amount of credit in accordance with all the provisions of the law. »
Art. 47. Article 63, § 3, of the Act is supplemented by the following paragraph:
"An intermediation for a credit contract using a sub-agent or as a sub-agent is prohibited unless the credit intermediary is itself a registered or registered lender. »
Art. 48. Section 64 of the Act is replaced by the following provision:
"Art. 64. § 1^er. The credit intermediary may not apply for credit to a consumer if, in the light of the information available to the consumer or should be disposed of, in particular on the basis of the information referred to in Article 10, the consumer is clearly not in a position to comply with the obligations under the credit contract.
§ 2. The credit intermediary cannot split credit requests. The lender must provide the necessary information referred to in Article 10.
§ 3. Anyone who acts as a credit intermediary shall communicate to all solicited lenders the amount of other credit contracts that he has requested or received for the benefit of the same consumer, in the two months preceding the introduction of each new credit application. »
Art. 49. Article 70, § 1^erParagraph 2, first dash, of the same law, is replaced by the following provision:
" - the identity and address of the controller. When the representative is not permanently established in the territory of the European Union, he must designate a representative established in Belgian territory, without prejudice to actions that could be brought against the person responsible for the treatment himself; "
Art. 50. In section 74 of the Act, as amended by the Act of 11 February 1994, the following amendments are made:
1° to paragraph 1^er, the words "or its delegate" are inserted between the words "of the Minister of Economic Affairs" and the words "persons";
2° Paragraph 2 is repealed.
Art. 51. The following amendments are made to section 75 of the Act:
1° § 1^er is completed by the following paragraph:
"In addition, natural persons and legal persons with regard to their directors, managers, directors or power-based persons must submit a certificate of good life and morals for public administration or equivalent documents. »;
2° in § 3 it is inserted a 1°bis and 1°ter written as follows:
"1°bis to hold and maintain a liquidity ratio of at least 1.5, calculated according to the formula: circulating assets divided by debts to at least one year;
1°ter to hold and maintain a working capital higher than the need for working capital, where
- the working capital is equal to the difference between, on the one hand, permanent capital, namely equity, provisions for risks and deferred charges and taxes, and debts more than one year and, on the other, fixed assets,
- the need for working capital is equal to the difference between, on the one hand, the operating assets, namely the stocks and orders being carried out, the receivables not more than one year and the regularization account of the assets and, on the other, the operating liabilities, i.e. the non-financial debts not more than one year and the regularization account of the liabilities; »;
3° to § 3, 3° and 4°, the words "to the Minister of Economic Affairs" are replaced by the words "to the competent service of the Federal Public Service Economics, P.M.E., Average Classes and Energy";
4° in § 3, 3°, the words "on dates and in the conditions to be determined by the King" are replaced by the words "on dates, in the conditions and in the manner to be determined by the King";
5° § 5 is replaced by the following provision:
“§ 5. They must also undertake to transmit, upon request from the competent officials of the Ministry of Economic Affairs, the accounting elements necessary to assess their creditworthiness. »;
6° to § 7, paragraph 1^er, the words "or its delegate" are inserted between the words "The Minister of Economic Affairs" and the words " statue on";
7° § 7, last paragraph is repealed.
Art. 52. In section 75bis of the Act, inserted by the Act of 11 February 1994, the following amendments are made:
1° it is inserted each time after the words "Minister of Economic Affairs" and "Minister" the words "or its delegate";
2° the last sentence of § 2, paragraph 2, is repealed.
Art. 53. In section 76 of the Act, it is inserted after the words "Minister of Economic Affairs" the words "or its delegate".
Art. 54. In section 77 of the Act, as amended by the Act of 6 July 1992, the following amendments are made:
1° § 2, paragraph 2, 2°, is replaced by the following provision:
"2° to intervene only for the conclusion of a credit contract with an authorized lender or for the execution of a credit contract on behalf of a person referred to in section 25; »;
2° to § 4, paragraph 1^er, the words "or its delegate" are inserted between the words "The Minister of Economic Affairs" and the words " statue on";
3° § 4, last paragraph, is repealed.
Art. 55. The following amendments are made to section 78 of the Act:
1° § 1^er is completed as follows:
"4° to companies in which the functions of a delegated administrator or administrator for day-to-day management or management or to companies in which an effective decision-making authority for credit transactions under this Act is entrusted to a person referred to in this subsection. »;
2° § 2, is replaced by the following provision:
Ҥ2. The registration or registration may be refused or withdrawn:
1° to persons who have not been rehabilitated in a prison sentence of at least one month, even if suspended, for an offence under the provisions of this Act or the following provisions:
(a) Book I titles V and IX^er the Commercial Code;
(b) Royal Decree No. 41 of 15 December 1934 protecting savings through the regulation of the temperate sale of batch values;
(c) Royal Decree No. 43 of 15 December 1934 concerning the control of capitalization companies;
(d) Royal Decree No. 185 of 9 July 1935 on the control of banks and the regime of securities and values emissions;
(e) Royal Decree No. 225 of 7 January 1936 regulating mortgages and arranging the control of mortgage companies (repealed and replaced by the Mortgage Credit Act of 4 August 1992);
(f) Royal Decree No. 71 of 30 November 1939 concerning the carriage of securities and the demarcation of securities and goods and goods;
(g) Royal Decree No. 72 of 30 November 1939 regulating the exchanges and futures markets on goods and commodities, the profession of brokers and intermediaries dealing with these markets and the regime of the exception of play;
(h) Act of 22 January 1945 on economic regulation and prices;
(i) Act of 27 March 1957 on mutual funds;
(j) Act of 9 July 1957 regulating temperament sales and their financing (removed and replaced by the Consumer Credit Act of 12 June 1991);
(k) Law of 10 June 1964 on Public Savings Calls;
(l) Royal Decree of 23 June 1967 on the coordination of provisions relating to the control of private savings funds;
(m) Royal Decree No. 64 of 10 November 1967 organizing the status of portfolio corporations;
(n) Act of 14 July 1971 on trade practices ( repealed and replaced by the Act of 14 July 1991 on trade practices and information and consumer protection);
(o) Act of 30 June 1975 relating to the status of banks, private savings funds and certain other financial intermediaries;
(p) Act of 9 July 1975 on the control of insurance companies;
(q) Act of 17 July 1975 on accounting and annual accounts of enterprises;
(r) Act of 13 August 1986 on the Exercise of Ambient Activities, (repealed and replaced by the Act of 25 June 1993 on the Exercise of Ambient Activities and the Organization of Public Procurement);
(s) Act of 2 March 1989 relating to the advertising of significant interest in publicly traded companies and regulating public procurement offers;
(t) Act of 4 December 1990 on financial transactions and financial markets;
(u) Act of 14 July 1991 on trade practices and information and consumer protection;
(v) Act of 25 June 1992 on the land insurance contract;
(w) Act of 4 August 1992 on mortgage credit;
(x) Act of 11 January 1993 on the Prevention of the Use of the Financial System for the Purpose of Money Laundering;
(y) Act of 22 March 1993 on the status and control of credit institutions;
(z) Act of 25 June 1993 on the exercise of ambulant activities and the organization of public procurement;
(aa) Act of 27 March 1995 on intermediation in insurance and the distribution of insurance;
(bb) Act of 17 July 1997 on judicial concordat;
(cc) Bankruptcy Act of 8 August 1997.
The convictions handed down less than ten years before the application for approval and less than five years before the application for registration are considered.
2° to companies in which the functions of a delegated administrator or administrator for day-to-day management or management or to companies in which an effective decision-making authority for credit transactions under this Act is entrusted to a person referred to in 1° of this subsection;
3° to companies in which the functions of a delegated administrator or administrator for day-to-day management or management or to companies in which an effective decision-making authority for credit transactions subject to this Act is entrusted to a physical person performing a similar function in a company that has been subject to a measure of withdrawal or suspension of the approval or of delisting or suspension of the registration, during the duration of that measure;
4° to companies in which the functions of a delegated administrator or administrator for day-to-day management or management or to companies in which an effective decision-making authority for credit transactions subject to this Act is entrusted to a natural person who has been subject to a withdrawal or suspension of the approval or de-listing or suspension of the registration for the duration of that measure;
5° to natural persons exercising the functions of a delegated administrator or administrator performing the day-to-day management or management or to persons making decisions in respect of credit transactions subject to this Act in a company that has been subject to a withdrawal or suspension of the approval or delisting or suspension of the registration, for the duration of that measure;
6° persons who have been convicted by a foreign court for offences similar to 1°; Article 2 of the aforementioned Royal Decree No. 22 of 24 October 1934 is applicable in these cases. »;
3° the article is supplemented by § 3 and § 4, written as follows:
Ҥ3. The King may amend the provisions of this article in order to comply with the laws amending the texts listed therein.
§ 4. For the purposes of this Article, natural or legal persons who hold in the capital of the enterprise a direct participation of not less than 5% or more indirect of not less than 25%, conferring or not the right to vote, shall be assimilated to persons who exercise the function of the administrator, manager, director, or power-based. »
Art. 56. Section 79 of the Act is replaced as follows:
"Art. 79. - Any changes to the data on which information must be provided under articles 75, 75bis and 77 must be made immediately to the Minister of Economic Affairs or his delegate.
The approval granted to a lender who is not subject to the control of the Banking and Financial Commission and the registration shall have a validity period of ten years from the date of granting, extension or confirmation referred to in section 111. Each registered or registered person must, from the sixth month before the expiry of this period, apply for an extension of the registered registration or registration by registered letter to the post addressed to the Minister of Economic Affairs or to his or her delegate.
The Minister of Economic Affairs or his delegate:
- sends, three months before the registration or registration expires, a reminder to the interested person at his or her last known address;
- de-lists or withdrawals, if no response is received in the month of the letter of recall;
- checks, after receipt of the extension request, if the registration or approval conditions are still met;
- extends the registration or approval or proceeds ex officio to their removal or withdrawal. »
Art. 57. Section 80 of the Act is repealed.
Art. 58. In section 85 of the same law the words "the consumer has the choice between the cancellation of the contract imposed by the judge, and the reduction of his obligations at the price" are replaced by the words "the judge cancels the contract or reduces the obligations of the consumer to the maximum up to the price".
Art. 59. The following amendments are made to section 86 of the Act:
1° to paragraph 1^er, the words "in respect of the issue and mention of the offer" are replaced by the words "in respect of the mentions of the credit contract as well as in sections 60bis and 60ter in respect of the excess of the amount of the credit";
2° the following paragraph shall be inserted between the first and the second paragraph:
"The judge reduces the bonds of the bond and of the person who constitutes a personal security right to the maximum of the cash or amount borrowed, where the lender does not comply with the provisions of section 35. »;
3° paragraph 2, which becomes paragraph 3, is replaced by the following paragraph:
In the event of a reduction in the obligations of the consumer, the bond or the person who constitutes a personal security, the consumer retains the benefit of the scheduling. "
Art. 60. Article 87, paragraph 1^er, the same law is supplemented as follows:
"5° the lender did not respect or breach the provisions referred to in Article 31. »
Art. 61. Section 89 of the Act is replaced by the following provision:
"Art. 89. Where, despite the prohibition under section 16, the lender or credit intermediary pays an amount or delivers a good or service, the consumer is not required to return the amount paid, to pay the service or property delivered or to return it. "
Art. 62. Section 91 of the Act is replaced by the following provision:
"Art. 91. In case of non-compliance with the provisions of articles 27bis , § 4, 30, § 2, and 59, §§ 1^er and 2, the consumer is raised in full interest and expenses relating to the period on which the offence is committed.
If notwithstanding, the prohibition set out in article 31, § 3, the consumer has effected the replenishment of the capital of the credit, it may require the immediate repayment of the replenished capital, including the acquired interest or the repayment of the credit, to the maximum of the replenished capital, including the acquired interest. "
Art. 63. In section 92 of the Act, as amended by the Act of 10 August 2001, the following amendments are made:
1° to paragraph 1^er, 1°, the words "10, paragraph 1^er," are inserted between the words "to articles" and the words "11 and 15,"
2° to paragraph 1^er2°, the words "11 and 63, §§ 1^er2, 4 and 5 are replaced by the words "10, paragraph 1^er, 11, 63, §§ 1^er2, 3, 2, 4 and 5, and 64, § 1^er "
Art. 64. In section 94 of the Act the words "paragraphs 1^er and 2 are replaced by the words "paragraph 1^er "
Art. 65. In section 97 of the Act the words "of the offer of credit or" are deleted.
Art. 66. In section 98 of the Act the first sentence is replaced by the following provision:
"The resumption of tangible property in contravention of the provisions of section 33bis results in the resolution of the credit contract. "
Art. 67. Section 99 of the Act is replaced by the following provision:
"Art. 99. - No commission shall be payable when the credit contract is resolved or terminated or is the subject of a termination of the term and the credit intermediary has not complied with the provisions of section 64. »
Art. 68. Paragraph 1^er is replaced by the following provision:
"The consumer may file with the court of first instance at the place of his domicile, by means of a contradictory written request, any request relating to a dispute concerning the right of access, rectification or deletion of personal data. "
Art. 69. Section 101 of the Act, as amended by the Acts of 11 February 1994, 11 December 1998 and 10 August 2001, is amended as follows:
1° in § 1^er, the words "50,000 francs" are replaced by the words "100,000 euros";
2° in § 1^er, 1°, b , the words "or to execution" are inserted between the words "at the conclusion" and the words "of a credit contract";
3° § 1^er, 5°, is replaced by the following provision:
"5° the person who uses one of the abusive clauses referred to in articles 28 to 32 or who violates section 33bis; »;
4° § 1^er8°, is repealed;
5° § 1^er is completed as follows:
"16° the person who contravenes the provisions of articles 5, 6, 6 bis, 40, 48, 55 or 57;
17° that which contravenes the provisions of articles 7, 8 or 9;
18° the person who contravenes the provisions of Article 63, § 3;
19° he who does not respect the obligation to hand over the documents referred to in articles 27bis, § 4 and 59, §§ 1^er and 2. »
Art. 70. Section 106, § 3 of the Act, is supplemented by the following paragraph:
"When, six months after the expiry of the withdrawal period, the lender has not obtained a new approval, the lender may no longer grant new credit levies for indeterminate credit contracts. Upon the expiration of this six-month period, the lender must also terminate these contracts with a six-month notice. »
Art. 71. Section 108 of the Act is repealed.
Art. 72. In article 109 of the same law the words "of articles 5, 6, 7 to 9, 14, 29 to 31, 33, 40 to 42, 44, 48 to 50, 52, 55 to 58, 63 to 65, as well as of the provisions made under articles 43, § 1^er, second paragraph, and 51, second paragraph, are replaced by the words “articles 5 to 9, 14, 29 to 31, 33, 33 bis, 40, 41, 48, 49, 55 to 58, 63 to 65”.
Art. 73. Section 110 of the Act is replaced by the following provision:
"Art. 110. § 1^er. The King may, by order deliberately in the Council of Ministers, adapt the provisions of this Law to the obligations arising in Belgium from international agreements or treaties, to the extent that it is the matter that the Constitution does not reserve to the legislature.
§ 2. The royal decrees mentioned in § 1^er are subject to the opinion of the Legislative Section of the Council of State.
The opinion of the Council of State is published at the same time as the report to the King and the royal decree relating thereto.
§ 3. Royal decrees taken in execution of § 1^er cease to produce their effects when they have not been confirmed by law in the year following their publication to the Belgian Monitor. »
Art. 74. Article 115, paragraph 1^er, from the same law the numbers "43, 51" are deleted.
CHAPTER III. - Various amendments
Art. 75. In article 1418, 2, e, of the Civil Code, replaced by the law of 14 July 1976, the words "to buy or borrow in temperament, to contract a personal temporary loan", are replaced by the words "to enter a credit contract, referred to in the law of 12 June 1991 on consumer credit".
Art. 76. Section 574, 8°, of the Judicial Code, inserted by the law of 12 June 1991, is repealed.
Art. 77. In section 591, 21°, of the Judicial Code, inserted by the law of June 12, 1991, the words "as well as requests for the granting of ease of payment and disputes concerning the bail of credit contracts" are inserted between the words "in respect of credit contracts" and the words "as they are governed".
Art. 78. Section 628, 8°, of the Judicial Code, replaced by the Act of 12 June 1991, is supplemented by the following words:
"including requests for ease of payment and requests for deposit of credit contracts. »
Art. 79. In section 1337ter of the Judicial Code, inserted by the law of 12 June 1991, the following amendments are made:
1° The opening of § 1^er is replaced by the words:
"The request states:"
2° § 2 is supplemented by paragraph 2, which reads as follows:
"A copy of the credit contract is attached to the request. "
Art. 80. Section 1337quater of the Judicial Code, inserted by the law of 12 June 1991, is replaced by the following provision:
"Art. 1337quater. - If the references and annexes referred to in 1337ter are incomplete, the judge shall, within eight days, invite the appellant to complete his request."
Art. 81. Section 1337octies of the Judicial Code, inserted by the law of 12 June 1991, is replaced by the following provision:
"Art. 1337octies . - The judgment is enforceable by provision, notwithstanding appeal and without bail.
The Clerk sends to the National Bank of Belgium a certified copy of any judgement by which payment facilities have been granted or denied. »
Art. 82. Section 162 of the Code of Registration, Mortgage and Registry Rights is supplemented by a point 47°, which reads as follows:
"47° acts, judgments and judgments relating to the granting of consumer credit facilities established in accordance with articles 1337bis to 1337octies included in the Judicial Code. "
Art. 83. Article 1^er of the Act of 4 August 1992 on mortgage credit the word "only" is replaced by the word "mainly".
Art. 84. In section 8 of the Act of 7 January 2001 amending the Act of 12 June 1991 on consumer credit, the following paragraph is inserted between paragraphs 2 and 3:
"In these cases, the agreed delayed interest rate may be changed within the limits set out in section 4. "
CHAPTER IV. - Transitional provisions
Art. 85. This Act applies to existing credit contracts, with the exception of the provisions of sections 2, 1° and 2°, 4, 2°, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 19, 21, 23, 30, 2°, 33, 34, 35, 36, 38, 39, 40, 41, 42, 48, 63, 64, 65, 67, 69, 5°, 83.
However, for current credit contracts, the depreciation table, referred to in section 12, 6 of this Act, must be given free and without delay to the consumer when the following conditions are met:
- either the resolution of the credit contract or the termination of the term;
- a simple delay in payment.
No later than three years after the publication of this Act to the Belgian Monitor , the parties are required to adapt, to this Act and to the law of 7 January 2001 amending the Act of 12 June 1991 on consumer credit, the current indefinite-term credit contracts.
Prior to the expiry of this period, the consumer and, where appropriate, the bond must be informed of the amendments to the contract resulting from this Act and the Act of 7 January 2001 amending the Act of 12 June 1991 on consumer credit. The proof of this information lies with the lender. However, where adaptations also affect the modification of the consumer's contractual obligations, this information must be done in the form of an adjudicator to the credit contract. This product is deemed to be accepted by the consumer after one month of delivery.
Offences to the provisions of paragraphs 2 and 3 of this article shall be sought, recognized and punished in accordance with the provisions of articles 75 bis , § 3, 81 to 84, 106 and 109 of the Act of 12 June 1991 on consumer credit.
CHAPTER V. - Entry into force
Art. 86. The provisions of this Act come into force on 1^er January 2004, with the exception of the provisions of Articles 1^er, 2, 6°bis , 4, 11, 12, 1° to 4°, 6° and 10°, 13, 14, 15, 16, 18, 23, 25, 33, 1°, 35, 41, 1°, 42, 2° and 4°, 48, 49, 64, 65, 67, 69, 1° and 2°, 73, 75 and 84, which enter into force on 1^er June 2003.
Promulgate this Act, order that it be clothed with State Seal and published by the Belgian Monitor.
Given in Brussels on 24 March 2003.
By the King:
Minister of Justice,
Mr. VERWILGHEN
Minister of Finance,
D. REYNDERS
Minister of Economy,
Ch. PICQUE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Documents of the House of Representatives:
50-1730-2001/2002:
- No. 1: Bill.
- n^bones 2-3: Amendments.
50-1730-2002/2003:
- n^bones 4-5: Amendments.
- No. 6: Report.
- No. 7: Text adopted by the commission.
- No. 8: Text adopted in plenary and transmitted to the Senate.
Full report: 5 December 2002.
Documents of the Senate:
2-1378-2002/2003:
- No. 1: Project referred to by the Senate.
- Number two: Report.
- No. 3: Decision not to amend.
Annales of the Senate: February 6, 2003.