belgiquelex.be - Carrefour Bank of Legislation

16 JANVIER 2003. - An Act to establish a Bank-Carrefour des Entreprises, modernization of the business register, creation of registered business windows and various provisions (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act and its enforcement orders, the following means:
1° "Management Service": Service within the Federal Public Service Economy, P.M.E., Average Classes and Energy, responsible for the management of the Banque-Carrefour des Entreprises;
2° "service": public service, institution, natural or legal person, to whom public missions or public interest are entrusted in accordance with this Act;
3° "company": the legal person, the natural person and the association required to register in the Banque-Carrefour des Entreprises;
4° "commercial enterprise": any person referred to in Article 4, who exercises commercially qualified acts on Belgian territory either from the head office or from an establishment unit, or, in the case of street trade, from the home, as described in the Commercial Code and which is thus presumed to have the quality of "trader";
5° "artisan business": the company created by a private person, who usually practises in Belgium, under a service contract, mainly material acts, not accompanied by any delivery of goods or only on occasional basis and which is thus presumed to have the quality of "artisan";
6° "institution unit": place of activity, geographically identifiable by an address, where at least one activity of the company or from which it is exercised;
7° "Business window": an organization that is approved pursuant to Part IV of this Act and is responsible for the public service or public interest missions referred to in this Act;
8° "trade register": directory included in the Banque-Carrefour des Entreprises containing data concerning commercial and artisanal enterprises registered in the Banque-Carrefour des Entreprises;
9° "register of legal persons" : directory included in the Banque-Carrefour des Entreprises containing data concerning legal persons registered in the Banque-Carrefour des Entreprises;
10° "the minister": the minister having the middle classes in his duties.
PART II. - Banque-Carrefour des Entreprises
CHAPTER 1^er. - Creation of the Banque-Carrefour des Entreprises
Art. 3. It is created within the Federal Public Service Economics, P.M.E., Average Classes and Energy a register, called "Bank-Carrefour des Entreprises".
The purpose of this register associated with the introduction of the single business number is, in accordance with the single data collection principle, to simplify the administrative procedures for businesses and to contribute to the more efficient organization of public services.
The Bank-Carrefour des Entreprises is responsible for the registration, preservation, management and provision of information relating to the identification of enterprises in accordance with the provisions of this Act and the laws or regulations that authorize the original seizure of data referred to in Article 6 by the authorities, administrations and services designated under Article 7.
Art. 4. Information relating to:
1° to legal persons of Belgian law;
2° to legal persons of foreign or international law who have a seat in Belgium or who must be registered in accordance with an obligation imposed by Belgian law;
3° to any physical, moral or association in Belgium:
- either acts as a commercial or artisanal business;
- is subject to social security as an employer;
- is subject to the value added tax;
- is an intellectual, free or service provider profession, as an independent;
4° as well as the establishment units of the persons referred to in 1°, 2° and 3°, provided that the registration of this establishment unit is necessary for the execution of Belgian legislation.
CHAPTER 2. - Registration in the Banque-Carrefour des entreprises
Art. 5. Any business or establishment unit referred to in Article 4 shall be registered in the Business Carrefour Bank and shall be assigned a business or establishment unit number upon registration. This number is the unique identification number.
Art. 6. § 1^er. The registration under section 5 contains the following data:
1 the name, name or social reason;
2° the precise designation of the various addresses, if any, of the company's head office and of the various establishment units in Belgium;
3° the legal form;
4° the legal situation;
5° the date of creation and the date of termination of the undertaking or establishment unit;
6° the identification data of founders, agents and power-based organizations;
7° the economic activities carried out by the company;
8° other basic identification data that must be provided at the time of the creation of the legal person or pursuant to Title III;
9° mention of the authorizations and licences available to the company or the qualities for which the company is known to the various authorities, administrations and services;
10° the references to the documents relating to the legal person deposited in the court offices as well as the annual accounts and balances deposited at the National Bank of Belgium.
§ 2. The King may, after notice of the monitoring committee referred to in Article 27 and by order deliberately in the Council of Ministers, complete the data listed in § 1^er by other data necessary for the identification of companies or of common interest to several public services.
§ 3. Any modification to the data referred to in §§ 1^er and 2 must be mentioned in the Banque-Carrefour des Entreprises, without delay, with indication of the effective date and the services it emanates from.
§ 4. These data are retained for thirty years from the date of loss of legal personality for legal persons or the final termination of activity for other registration holders referred to in section 4.
Art. 7. After notice of the coordination commission referred to in Article 26, the King shall designate, by order deliberately in the Council of Ministers, the authorities, administrations and services that are responsible, with respect to the categories of undertakings that He determines and according to the functional distribution that He fixes, for the single collection and maintenance of the data referred to in Article 6.
In carrying out this mission, the authorities, administrations and services are subject to the legal and regulatory provisions allowing the original collection of the data referred to in Article 6.
Art. 8. For the fulfillment of its duties, as defined in this Act and its enforcement orders, the Bank-Carrefour des Entreprises and the authorities, administrations and services referred to in Article 7, paragraph 1^er :
1° have access to the National Register of Physical Persons, established by the Act of 8 August 1983 organizing a National Register of Physical Persons;
2° can use the National Register ID number.
Art. 9. The King sets out, by deliberate decree in the Council of Ministers, the modalities and nature of registrations and modifications, which can be directly communicated in electronic form secured by the enterprises referred to in Article 4 to the Bank-Carrefour des Entreprises.
CHAPTER 3. - Attribution and use
business numbers and establishment unit numbers
Bank-Carrefour des Entreprises
Art. 10. The business number and the establishment unit number assigned at the time of registration in the Carrefour Bank of Enterprises are, immediately after their assignment, communicated to the company by the authorities, administrations and services designated under section 7, paragraph 1^er.
The King sets out the rules of attribution, terms of delivery, and the composition of the company number and the establishment unit number.
Art. 11. The use of the company number is mandatory in the relations that companies have with the administrative and judicial authorities, as well as in the relations between them.
Authorities, administrations and services designated under Article 7, paragraph 1^er, take the necessary steps to ensure that the business and establishment unit number is, for the purpose of applying the single data collection, a key that gives access to the data that is stored in the Bank-Carrefour des Entreprises as well as to the data that they manage in the automated directories and files, without prejudice to the legal and regulatory provisions governing access to these data.
Art. 12. For commercial and artisanal companies, the company number assigned is either a trade register number or a registration number as a craftsman.
Art. 13. All acts, invoices, advertisements, communications, letters, orders and other documents from commercial or artisanal companies must always mention the company number.
These documents must also mention the domicile and number of at least one account of which the company is a holder of with a credit institution established in Belgium, other than a communal savings fund, governed by the Act of 22 March 1993 on the status and control of credit institutions.
The buildings and stalls used for the exercise of commercial or artisanal activity and the means of transport used primarily for these activities will be apparent to the indications referred to in paragraph 1^er.
Art. 14. Any exploit of a registered bailiff at the request of a commercial or artisanal company will always mention the company number.
In the absence of an indication of the business number on the bailout, the court will grant a handover to the commercial or artisanal company to prove its registration to the Banque-Carrefour des Entreprises on the date of the introduction of the action.
In the event that the commercial or artisanal company does not prove its registration in this capacity at the Banque-Carrefour. of the Companies on the date of the introduction of its action within the time limit assigned by the court or if it turns out that the company is not registered at the Bank-Carrefour des entreprises, the court declares the action of the non-receivable commercial enterprise ex officio.
In the event that the commercial or artisanal business is registered in this capacity at the Banque-Carrefour des Entreprises, but that its action is based on an activity for which the company is not registered on the date of the introduction of the action or that does not fall under the social object for which the company is registered on that date, the action of this undertaking is also not admissible. Irreceivability is however covered if no other exception or other defence is opposed as an end to non-receiving.
Art. 15. By the procedural acts declared inadmissible under article 14, the statute of limitations and the procedural periods determined under penalty of nullity shall be interrupted.
Art. 16. The King may, by deliberate decree in the Council of Ministers, extend the obligations referred to in Articles 13 and 14, to other categories of enterprises registered in the Bank-Carrefour des Entreprises.
CHAPTER 4. - Access and use of data
in the Banque-Carrefour des Entreprises
Art. 17. The following data, collected in the Banque-Carrefour des Entreprises, are by nature accessible without prior authorization:
1° the business and unit numbers assigned by the Banque-Carrefour des Entreprises;
2° all data subject to advertising provisions in application:
- the Corporate Code;
- Act of 27 June 1921 on non-profit associations, non-profit international associations and foundations;
- the Act of 12 July 1989 on various measures to implement the Regulation (EEC) No. 2137/85 of 25 July 1985 concerning the establishment of a European economic group;
- the Bankruptcy Act of 8 August 1997;
- the Act of 17 July 1975 on business accounting;
3° the data that must be communicated by commercial and artisanal enterprises in accordance with Article 37;
4° the data required to verify whether or not a company is subject to VAT obligations;
5° the specific approvals or authorizations to be disposed of by the company, as long as they are subject to mandatory advertising provisions.
Art. 18. § 1^er. The King shall, on the advice of the Coordinating Committee and the Supervisory Committee referred to in sections 26 and 27, establish the terms and conditions for access to the Bank-Carrefour des Entreprises.
§ 2. Access to other data than those listed in section 17 requires prior authorization from the monitoring committee.
Before giving its authorization, the monitoring committee shall verify whether this access is in accordance with this Act and its enforcement orders.
This authorization may be granted:
- authorities, administrations and services to the extent that such data are necessary for the execution of their legal or regulatory duties and obligations;
- to other instances as long as these data are for justified, well-determined, explicitly described purposes and are more important than the interests or fundamental freedoms of the company on which the data are carried.
§ 3. The King shall determine, by order deliberately in the Council of Ministers and after notice by the Supervisory Committee, cases in which an authorization is not required.
§ 4. The exchanges, between public services, of data other than those taken in the Bank-Carrefour des Entreprises, via the company number or the establishment unit number, are previously communicated to the monitoring committee that lists them in a cadastre, which can be consulted by any interested person.
The King shall determine, after the advice of the supervisory committee, the terms of such communication, cadastre and consultation.
Art. 19. Any company has the right to obtain communication of the data concerning it that is registered in the Banque-Carrefour des Entreprises. If the data provided in accordance with the relevant legislation is unclear, incomplete or inaccurate, the holder of the registration at the Banque-Carrefour des Entreprises may request the rectification of such data in the forms and deadlines established by the King.
Art. 20. The King shall determine, after notice of the monitoring committee, the data of the Bank-Carrefour of the Companies listed in Article 17 that may be marketed in the light of their public character, according to which terms and guarantees.
Only the management service can deliver these basic data to businesses.
Art. 21. § 1^er. Without prejudice to section 20, any person may be aware of the trade register data relating to a specified business or craftsmanship, from a business window and be issued full or partial copy or extract of the register, under the conditions fixed by the King.
§ 2. Copies or excerpts of the trade register are certified in accordance, unless the applicant renounces this formality.
§ 3. Copies or excerpts do not mention the content of court decisions relating to:
1° to bankruptcy and one of the convictions referred to in articles 486, 489bis and 489ter of the Criminal Code in case of rehabilitation;
2° to a judicial concordat after the execution of the judicial concordat;
3° to a prohibition or designation of a judicial council after release judgment;
4° to the convictions stipulated in Article 62.
CHAPTER 5. - Implementation of the principle
unique data collection
Art. 22. Authorities, administrations and services that are authorized to consult the data of the Bank-Carrefour des Entreprises, may no longer directly request this data from the companies referred to in Article 4 or their agents.
As soon as a data is communicated to and recorded in the Banque-Carrefour des Entreprises, the services authorized to consult this data cannot, if this data is not communicated directly to them, impute the fault to the interested party.
CHAPTER 6. - Court Registry Obligations
Art. 23. § 1^er. The clerk of the court who pronounced them shall communicate to the Banque-Carrefour des Entreprises the content of the judgments or judgments:
1° declaring that a physical person merchant or lift these measures is incapable or subject to judicial advice;
2° removing or relinquishing management powers or some of them to a married, commercial-person spouse under a community property regime;
3° pronouncing a separation of property in respect of spouses, one of whom is a physical person merchant;
4° homologating the act amending the spouse's matrimonial regime of which one of them is a physical person merchant;
5° declaring the absence of a physical person merchant;
6° denoting a provisional administrator of a commercial or artisanal business or pronouncing the release of this measure;
7° taking place of declaration of abandonment or suppression of a commercial or artisanal enterprise;
8° designating a sequester of the property of a company;
9° prohibiting a company from exercising its activity;
10° prohibiting activity or function in accordance with Articles 1^er, 1^erbis, 2 and 3bis of Royal Decree No. 22 of 24 October 1934 concerning the judicial prohibition of certain convicts and bankrupts to perform certain functions, occupations or activities and conferring on the commercial courts the power to impose such prohibitions;
11° by which it is decided that a company may not file a management or management act without the Commissioner's authorization for suspension or by which that decision is amended;
12° declaring or reporting bankruptcy, pronouncing the closure of bankruptcy operations, ruling on the excusability or inexcusability of the bankrupt and declaring the bankrupt rehabilitation;
13° making a conviction for the punishable acts referred to in articles 489, 489bis and 489ter of the Criminal Code;
14° rejecting an application for judicial concordat deemed inadmissible or unfounded, by which a provisional, prolonged or arrested suspension is granted;
15° approving, rejecting, modifying or revoking a recovery or payment plan;
16° pronouncing the dissolution, liquidation or cancellation of the legal person;
17° making a conviction for the offences referred to in section 62;
18° by which it is established that under special laws and regulations, it is no longer satisfied with the conditions established for the exercise of the activities of a company;
19° by which a spouse is prohibited from carrying out an activity requiring registration with the Banque-Carrefour des Entreprises.
§ 2. The clerk shall inform the Banque-Carrefour of the Companies of all oppositions or of all possible appeals brought against a judgment rendered, as referred to in § 1^er.
§ 3. The clerk of the court who pronounced them shall communicate to the Banque-Carrefour des Entreprises the judicial decisions annulling the judgment or judgment referred to in § 1^er or granting rehabilitation after such judgment or judgment.
§ 4. All notifications and communications referred to in the preceding paragraphs shall be made under the conditions established by the King.
CHAPTER 7. - Registration,
modification or deletion of data
Art. 24. § 1^er. All interested persons, both natural persons and legal persons, may request, from the Management Service, the correction of any incorrect mention in an entry or modification in the Bank-Carrefour des Entreprises as well as the deletion of accepted registrations or amendments in violation of this law or its enforcement orders.
§ 2. All services that have access to the data of the Bank-Carrefour des Entreprises are required, as soon as they find either the existence of incorrect data or the lack of data in the Bank-Carrefour des Entreprises, or that registration, modification or de-listing has not taken place, to inform the management service.
§ 3. The management service is competent to make the registration of a business, the modification or deletion of business data in the Bank-Carrefour des Entreprises, as long as such registrations, amendments or deletions have not been declared by the company itself within the time limits prescribed to the designated service for that purpose.
Art. 25. § 1^er. Depending on the case, the management service shall communicate the data referred to in Article 24, § 3 to the service that, pursuant to Article 7, paragraph 1^er, is designated as the source of the data in question, or proceeds on its own motion to amend the data for which the Bank-Carrefour des Entreprises was designated as the source.
§ 2. Prior to the registration, modification or deletion of office, the Management Service shall communicate its intention by registered mail to the affected company or its cause, indicating the service to which the registration, modification or deletion must be registered.
Interested persons have a period of thirty days after sending the recommended mail to proceed voluntarily, with the designated service in the recommended mail, to the registration, modification or cancellation requested.
If the person concerned fails, within the specified time limit, to make the registration, modification or deletion requested, the management service shall, at the time of the seizure of data, in addition to the registration fees due under this Act, impose an administrative fine of not more than 500 euros.
CHAPTER 8. - Special provisions
concerning the operation of the Banque-Carrefour des Entreprises
Art. 26. It is established with the Federal Public Service Economics, P.M.E., Average Classes and Energy a coordinating committee, chaired by a representative of the Prime Minister. The Coordinating Committee shall render notices in accordance with Articles 7, 18, § 1^erand 73.
These notices are forwarded to the accompanying committee established with the management department of the Banque-Carrefour des Entreprises and responsible for accompanying the operation of the Banque-Carrefour des Entreprises.
The King determines, by order deliberately in the Council of Ministers, the composition and modalities of the coordinating committee and the accompanying committee.
Art. 27. It is established, within the Commission for the Protection of Privacy, a Sectoral Committee for the Bank-Carrefour des entreprises, known as the Supervisory Committee, to issue the authorization referred to in Article 18, § 2.
It also renders the notices referred to in articles 6, § 2, 18, § 1^er20 within thirty days of his referral by the management department. In the absence of a notice within the prescribed time limit, the notice shall be deemed to follow the proposal made in the application for notice by the management service.
This sectoral committee is composed of three members of the Commission, including the Chairperson, or another member designated in that capacity by the Commission, who chairs the Committee and three external members appointed by the House of Representatives in accordance with the conditions and modalities determined by the King, by order deliberately in the Council of Ministers. In the event of a parity of voice, the president's voice is preponderant.
The modalities for the operation of this sectoral committee shall be determined, without prejudice to this Act, by or under the Act. These modalities enshrine the right of the chair of the Sectoral Committee to refer to the Commission itself a file submitted to the Sectoral Committee, by reforming, where appropriate, the decision of the Sectoral Committee.
Art. 28. Pending the installation and appointment of the members of the Oversight Committee, the Privacy Protection Commission is responsible for the tasks assigned to the Oversight Committee in this Act. The 30-day deadline for rendering a notice and set out in section 27 is limited to 20 days in respect of the orders required above all within the framework of the launch phase of the Business Crossroads Bank.
Art. 29. Persons who, in the performance of their duties, intervene in the registration, retention, operation and communication of the data referred to in section 6, are held in professional secrecy.
They take all necessary precautions to ensure the security of recorded data and to prevent such data from being distorted, damaged, or communicated to persons who do not have permission to become aware of it.
They ensure the regularity of data transmission.
Art. 30. The King designates, by deliberate order in the Council of Ministers, persons who, in times of war, in circumstances assimilated under Article 7 of the Law of 12 May 1927 on military requisitions or during the occupation of the national territory by the enemy, are responsible for destroying the data banks of the Bank-Carrefour des Entreprises.
The King sets out the conditions and modalities of this destruction.
Art. 31. The operating and operating costs of the Banque-Carrefour des Entreprises are borne by a budgeted credit from the Federal Public Service Economy, P.M.E., Average Classes and Energy.
The King may fix a retribution for the use of the Bank-Carrefour des Entreprises by services not under the federal authority. If applicable, the amount of the retribution is determined by user category and subject of the application.
Art. 32. Section 66 of the Act of 2 May 2002 amending the Act of 27 June 1921 on non-profit associations, non-profit international associations and foundations, is replaced by the following provision:
"The King shall fix the effective date of each of the provisions of this Act. »
PART III. - Registration of commercial enterprises
and artisanal
CHAPTER 1^er. - Registration requirement
Art. 33. § 1^er. All commercial and artisanal companies are held before starting their activities to be registered in this quality at the Banque-Carrefour des Entreprises at the business window of their choice.
This obligation is applicable both at the time of the creation of the company and at the time of the creation of a new establishment unit.
§ 2. This registration is, unless otherwise proved, presumption of the quality of a merchant or craftsman, according to the nature of his registration.
§ 3. By derogation from § 1^er, the partners in collective name and the partners in command should not, although merchants, be registered in the Banque-Carrefour des Entreprises in a separate way.
Art. 34. § 1^er. The King shall, by order deliberately in the Council of Ministers, establish the amount of the right of registration to the Banque-Carrefour des Entreprises as a commercial or artisanal enterprise.
It can make a distinction based on the legal nature of the company.
The amounts thus fixed may be adjusted to the 1st January at the fluctuation rate of the average consumer price index provided that the indexed amount is greater than 10 euros or more than the applicable amount. The amount of the increase is rounded down to a multiple of 10 euros.
CHAPTER 2. - Obligation to amend
Art. 35. § 1^er. Notwithstanding the provisions of § 2, companies intending to engage in a commercial or craft activity other than that for which they have been registered must first request an amendment to their registration in the Banque-Carrefour des Entreprises. This obligation applies in the same way to commercial and artisanal companies that intend to establish a new establishment unit in Belgium.
When the exercise of a new commercial or artisanal activity results from the transfer of the activity of a company, for profit or expensive, between alive or as a result of death, such enterprises shall, by derogation from § 1^er, make the modification within one month from the assignment or acceptance of the succession.
§ 2. Within a period of one month from the modification of their situation, commercial and craft companies must request an amendment to their registration at the Banque-Carrefour des Entreprises if one of the mentions of the registration fixed by the King in accordance with Article 37 no longer corresponds to the actual situation.
CHAPTER 3. - Radiation duty
Art. 36. In the event of termination of the activities or closure of one of the establishment units, the commercial or artisanal enterprise or its eligible persons must request the cancellation of the registration within one month of the termination of the activities.
When the termination referred to in paragraph 1^er, derives from the transfer of the activity of a company, for profit or expensive, between live or as a result of death, the delisting must be carried out within one month after the assignment or acceptance of the estate.
CHAPTER 4. - Provisions common to registration,
the modification or delisting
Art. 37. The application for registration, modification or de-listing must be made by the company itself, i.e. by the physical persons subject to registration or by the representatives, having the capacity for this purpose of the commercial or artisanal enterprise subject to registration.
The request is made according to the terms fixed by the King.
The King fixes the data that the application for registration, modification or delisting must contain.
Art. 38. Business windows are required to make the registration, de-listing or modification immediately requested.
Art. 39. Business windows must refuse any application for registration, modification or delisting and justify the reasons:
1° where they find that the application is from a person who is not subject to the application or who is not entitled to make the application;
2° in the event of a failure of any of the documents or data that the application must contain in accordance with section 37 and its enforcement orders;
3° if it is not satisfied with the pre-registration conditions imposed by this Act and its enforcement orders or under other laws, whose control is entrusted to these windows.
Art. 40. § 1^er. Denial of registration, modification or delisting to the Banque-Carrefour des Entreprises is deemed to be final unless the applicant introduces a new application that meets the conditions or an appeal to the board of establishment within thirty working days of the refusal of registration.
§ 2. Windows communicate refusal decisions to the Banque-Carrefour des Entreprises.
Art. 41. Business windows provide the company, under the conditions set by the King, at its first request, with a copy of the application for registration, modification or deletion indicating the date on which the transaction took place at the Banque-Carrefour des Entreprises.
PART IV. - Organization of business windows
CHAPTER 1^er. - Companies
Section 1^re - Creation and stain of business windows
Art. 42. No one may without prior approval and written by the Minister exercise the activity of a business window.
Art. 43. Without prejudice to the missions entrusted to them by or in accordance with this Act or other Acts, business windows shall carry out the following tasks:
1° register the companies with the Banque-Carrefour des Entreprises;
2° verify, in the cases determined by the King, the conditions that commercial and artisanal enterprises must fulfil under the special laws and regulations for the exercise of the activities envisaged by the commercial or artisanal enterprise;
3° perform administrative formalities vis-à-vis all federal administrations in accordance with the terms established by the King, by order deliberately in the Council of Ministers;
4° guarantee access to the recorded data in the trade register, under the conditions fixed by the King;
5° to collect on behalf of the Consolidated Revenue Fund the registration fees set out in accordance with section 34 as well as any other publication fees, the registration, registration or stamp fees set by the King;
6° keep the records according to the manners fixed by the King.
Business desks may additionally require consulting and support services to beginner and other businesses, except for services that are exclusively reserved by law to certain liberal, intellectual and service professions within the economic sector.
Art. 44. § 1^er. With respect to commercial enterprises for which business windows are not empowered to decide on the registration in accordance with section 43, 2° alone, they must first submit the registration records to the designated service for that purpose within the Federal Public Service Economie, P.M.E., Average Classes and Energy.
§ 2. This service verifies whether the requirements, on the one hand, to be registered in the trade register and, on the other, to exercise the intended professional activity are met. Upon receipt of all the documents allowing him to process the business or craftsman's file, he shall notify the company and the business office of the completeness of the file. It renders a written notice within 15 days of notification of the completeness of the record.
§ 3. In the absence of a reasoned and written notice within fifteen days of notification of the completeness of the record, the notice is deemed positive.
Section 2. - Terms and conditions for business windows
Art. 45. To be approved, the business window must:
1st take the form of a non-profit association, in accordance with the law of 27 June 1921 on non-profit associations, non-profit international associations and foundations;
2° be constituted on the initiative:
- of a representative organisation of employers or independent workers, represented in or approved by the Conseil Supérieur des Classes Moyens et des P.M.E., the Central Council of the Economy, the Sociaal-Economische Raad van Vlaanderen (SERV), the Economic and Social Council of the Walloon Region (CERSW), the Economic and Social Council of the Brussels-Capital Region (CESRBCitaire)
- an independent social insurance fund, approved in accordance with Royal Decree No. 38 of 27 July 1967 on the organization of the social status of the independents, or a social secretariat of the employers, approved under the Royal Decree of 28 November 1969 pursuant to the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers;
- rooms accredited by the Federation of Chambers of Commerce and Industry of Belgium;
- a cooperation agreement between several of the above-mentioned organizations;
3° provide for the purpose of completing the business window missions within the meaning of this Act;
4° have the equipment necessary to carry out these missions effectively: the business desk must have adequate IT infrastructure, an administrative and accounting secretariat, mechanisms for the control and protection of computer infrastructure, adequate internal control procedures to meet its obligations;
5° having not been in liquidation, or subject to liquidation or termination of business;
6° be in good standing with the obligations relating to the payment of social security contributions and its obligations relating to the payment of taxes and taxes in accordance with Belgian law;
7° have adequate financial and economic capacity to carry out the tasks defined in this Act and its enforcement orders;
8° demonstrate the professional skills necessary to carry out the tasks defined by this law, advise and assist companies. Ministers with the middle classes and the Economy in their powers determine the modes of evidence of this jurisdiction;
9° contract professional liability insurance;
10° within two years after their approval, make at least 2,000 registrations of companies or establishment units or modifications per year.
Art. 46. § 1^er. The application for approval is addressed to the Minister by registered letter or in return for a receipt.
§ 2. The application must be accompanied by an operating plan and all documents required by the conditions of approval.
In the operating plan, it is clear how the business window activity will be funded, how the required professional skills will be organized and which geographic area the business window will cover. These conditions are also required for each window establishment unit.
§ 3. Public institutions can act as an agent on behalf of their clients at a business window.
§ 4. The Minister may approve a business window organized by a non-profit association financed mainly or exclusively by public means and carrying out information, support or advice activities to the business creators if it turns out that, in a geographically identified area by the European or regional authorities as an area to benefit from positive discrimination, there is no operational business window.
When applying the preceding paragraph, the conditions of approval referred to in Article 45, 2 and 10° are not applicable.
Art. 47. § 1^er. The Minister has a period of one month from the date the application is sent to declare the complete file.
§ 2. If the application file is found to be incomplete, the Minister shall inform the applicant within one month by specifying the missing information.
The applicant has a period of one month to send by registered letter to the Minister the missing information. If not, the application is considered to be deduced.
The Minister declares the complete file within one month of sending additional information.
§ 3. If there is no notification within one month of the date of the sending of the request or the sending of the additional information, the file is deemed to be complete.
Art. 48. The approval is granted or denied by the Minister within three months of notification of the completeness of the application for approval. This decision is notified to the applicant by registered letter.
Art. 49. The applicant has the ability to introduce a new application where the reasons for refusal no longer exist.
Art. 50. § 1^er. Accreditation is valid for a period of five years. It can be renewed.
§ 2. The Minister is responsible for the publication of the list of approved business windows. To this end, it will publish annually before March 31 the list of approved business windows and their possible establishment units.
Art. 51. The application for the renewal of the business window is filed with the Minister six months before the expiry of the period covered by the previous registration decision.
The business window remains approved until the Minister has decided on the renewal application.
Art. 52. Any changes to the data provided at the time of the application for approval must be communicated within one month to the Minister. This communication specifies and motivates the purpose of the amendment.
Art. 53. The Minister may, by decision and in accordance with the terms and conditions established by the King, suspend or withdraw the approval if the provisions of this Act, its enforcement orders or the conditions of approval are not complied with.
Section 3. - Obligations of business windows
Art. 54. Business windows must ensure the continuity of the exercise of the duties referred to in section 43 over time.
The King may determine terms and conditions for guarantees to be provided by business windows to ensure continuity of service over time.
Art. 55. Business windows are required to provide a quality service in the course of the missions and to comply with the quality standards set out in accordance with this Act or other laws.
Art. 56. Where the application is made, the business windows shall provide, without delay and free of charge, under the conditions established by the King, all the information in their possession, any document and any document in their possession and, in addition, to provide copies or extracts deemed necessary to the authorities, administrations and services, including prosecutors, courts and other jurisdictions, members of the judiciary and officials of the courts
Section 4. - Remuneration of business windows
Art. 57. § 1^er. The King shall determine, by order deliberately in the Council of Ministers, the percentage of the rights of registration, registration, publication or stamp collected by them, which may be retained by the business desks as remuneration of their intervention under articles 34 or 43, 5°.
§ 2. Business windows may provide for additional services to businesses, as referred to in section 43, second paragraph, for the purpose of setting prices per benefit or in a lump-sum manner on an annual basis.
CHAPTER 2. - Monitoring and control of business windows
Art. 58. The Federal Public Service Economics, P.M.E., Average Classes and Energy is responsible for the monitoring and monitoring of business windows.
Art. 59. § 1^er. Without prejudice to the powers of judicial police officers, officials appointed by the Minister are responsible for the control and monitoring of business windows.
§ 2. In the exercise of their duties, officials referred to in § 1^er, may:
1° enter the usual hours of opening or working in the premises occupied by business windows;
2° conduct on the basis of serious indexes, any examinations, controls, investigations and collect any information deemed necessary to ensure that the provisions of this Act and its enforcement orders are complied with;
3° interrogate any person on any facts that are useful to the exercise of control;
4° be produced without displacement or search for any document, piece or title useful to the accomplishment of his mission, take a photocopy or take it against receipt;
Five minutes.
§ 3. In the exercise of their mandates, they are subject to the supervision of the Attorney General.
Art. 60. § 1^er. The department responsible for this control shall verify the proper execution by the business desks of the missions entrusted to them by or pursuant to this Act or other laws.
§ 2. If it finds that all conditions have not been taken into account by the Business Window, it requires the Management Service to delete the registration or modification under section 24.
§ 3. It may, pursuant to section 61, propose to sanction a business window that has not taken into account the required conditions and formalities.
Art. 61. § 1^er. When it is found during a check that a business window does not properly perform its duties, fails to comply with the obligations referred to in sections 54, 55 or 56 or hinders the exercise of the duties referred to in sections 58 to 60, the control department may:
1° notify the business desk, by registered letter to the Post office, of the facts noted, the breaches and the time limit for termination of the breach;
2° where the notice referred to in point 1° is not followed up, within the specified time limit, on an administrative fine of not less than 100 euros and up to three times the remuneration received by the relevant business window in the previous calendar year pursuant to section 57;
3° in the event of recidivism or contestation of several of the provisions referred to in § 1^erpropose the suspension or withdrawal of the approval to the Minister.
§ 2. Before notifying the administrative fine referred to in § 1^er, 2°, or to propose the suspension or withdrawal of the approval referred to in § 1^er, 3°, the control department gives the relevant business window the opportunity to be heard. For this purpose, a summons is sent by registered letter to the Post, mentioning the facts found, the provisions breached, the procedure for consulting the file and the date of the hearing, which can only be fixed at least fifteen days after the summons is sent.
§ 3. The warnings and sanctions referred to in § 1^er, 1° and 2°, may, within sixty days of their notification, be appealed, by registered letter to the Post Office, to the Minister. The Minister or officials delegated to this effect shall hear and make their decision within sixty days of the introduction of the appeal. Decisions are notified by registered letter to the Post.
PART V. - Sanctions
Art. 62. § 1^er. Is punished with a fine of 1 to 25 euros:
(1) anyone who commits an offence to section 13;
2° who fails to request the radiation referred to in section 36.
§ 2. Is punished with a fine of 26 to 10,000 euros:
1° who, who is required to register in the trade register, carries out activities without having requested registration in the trade register;
2° Whoever, registered in the trade register, operates or operates an establishment unit for which he is not registered in the trade register or carries out activities that do not fall under the social object for which he is registered in the trade register;
3° anyone who has not requested an amendment to the registration in the trade register within the time limits provided for in section 35;
4° Who knowingly introduces an erroneous application for registration or modification;
5° Whoever carries out an economic activity of which he did not give knowledge to the business window, or for which he knowingly provided incorrect information.
§ 3. shall be punished by imprisonment from eight days to one year and a fine of 3 to 50 euros or one of these penalties only, the person who contravenes the decisions or orders referred to in Article 18.
§ 4. Is punishable by imprisonment of three months to five years and a fine of 25 to 500 euros or one of these penalties only, the one who:
1° obstructs the exercise of the rights defined in section 19;
2° contravenes the provisions of articles 20 or 29;
3° obstructs the application of section 59.
§ 5. Is punishable by imprisonment of one month to six months and a fine of 100 to 10,000 euros or one of these penalties only:
1° anyone who has an economic activity after the registration of the trade register has been refused or after it has been terminated;
2° Whosoever shall continue, three days after the judgment or judgment of condemnation, to exercise the economic activity which is forbidden to him.
In the latter case, the Public Prosecution Service will also place the seals on the premises in which the activity is carried out or will take any other appropriate action.
Art. 63. The provisions of Book 1^er, the Criminal Code, without exception of Chapter VII and section 85, shall apply to offences covered by this Act.
PART VI. - Amendments and abrogations
Art. 64. Article 67, § 2, of the Code of Companies is replaced by the following:
“§2. The deposited documents are kept in the record held at the registry for each company and the companies in question are registered in the register of legal persons, directory of the Bank-Carrefour des Entreprises. »
Art. 65. The text of article 78, paragraph 1, 4° of the same Code is replaced by the following text
"4° the term "register of legal persons" or "PRM" abbreviation, followed by the company number; "
Art. 66. The text of Article 84, § 2, of the same code, is replaced by the following text:
“§2. The deposited documents are kept in the record held at the registry for each of these companies and the companies in question are registered in the register of legal persons, directory of the Bank-Carrefour des Entreprises. »
Art. 67. Article 86, paragraph 1^er, 5°, is replaced by the following provision:
"5° the identification number granted pursuant to the law of the... establishing a Bank-Carrefour des Entreprises, modernizing the register of commerce and creating an aggregate business window and carrying various provisions; "
Art. 68. In article 81, paragraph 1, of the same code, the phrase "These records are kept in the register of foreign companies that do not have a branch in Belgium" is replaced by the phrase "These companies are registered in the register of legal persons, directory of the Bank-Carrefour des Entreprises. »
Art. 69. 1° Article 16, paragraph 5, 17, § 6, paragraph 4, 26octies, § 1^er § 4, 26novies, § 1^er31 § 1^er, and, 37, § 6, paragraph 4, of the law of 27 June 1921 relating to non-profit associations, non-profit international associations and foundations, the words "first instance court" or "civil court" are replaced by the words "trade tribunal".
2° In article 26octies, § 4, first sentence, of the same law the words "the court" are replaced by the words "the court of first instance".
Art. 70. Section 4 of the Act of January 15, 1990 on the institution and organization of a Social Security Bank, as amended by the Act of January 25, 1999, is replaced by the following provision:
“Art. 4. The Banque-Carrefour is responsible for collecting, registering and processing the data relating to the identification of persons, provided that several social security institutions need such data for the application of social security or as long as the identification of such persons is required in accordance with the law of the... establishing the Banque-Carrefour des Entreprises, carrying out the modernization of the register of trade and the creation of approved facilities and measures
This mission does not relate to data that are registered by the National Register and which have access to social security institutions, authorities, administrations and services referred to in Article 8, paragraph 1^erthe above-mentioned Act. »
Art. 71. Section 8 of the Act is replaced by the following provision:
“Art. 8. § 1^er. When processing data under this Act and its enforcement orders, only the following identifiers are used:
1° the identification number of the National Register if it is data relating to a physical person registered in the said Register;
2° the identification number of the Carrefour Bank fixed in the manner defined by the King, if it is data relating to an unregistered physical person in the aforementioned National Register.
§ 2. Use of the Bank-Carrefour identification number referred to in § 1^er, 2°, is free. »
Art. 72. Are repealed:
1° the Act of 18 March 1965 on the register of crafts;
2° the Royal Decree of 20 July 1964 coordinating the laws relating to the register of trade.
PART VII. - Final provisions
Art. 73. The King may, by order deliberately in the Council of Ministers and after notice by the Coordinating Commission referred to in Article 26, repeal, supplement, amend or replace the legal provisions in force with a view to ensuring uniform identification of the holders of the registration referred to in Article 4, the collection of the data referred to in Article 6, the single collection referred to in Article 7, paragraph 1^erthe mutual and reciprocal use of the Bank-Carrefour business number provided for in Article 11, as well as the introduction of the registration right referred to in Article 34.
The Minister of Economic Affairs and the Minister responsible for the Middle Class may prescribe a time limit for giving the notice without the notice being less than one month. This notice is no longer required.
Art. 74. The King may amend the references of the laws and royal decrees to the office of the commercial courts as the manager of the trade register and the various local registers, in accordance with the provisions of this Act.
The King may also adapt the references of royal laws and decrees to the various local registers, as well as to the central register of trade and crafts, in accordance with the provisions of this Act.
Art. 75. § 1^er. Personnel, property, rights and obligations of the Chambers of Trade and Trade are transferred to the Federal Public Service Economy, P.M.E., Average Classes and Energy.
By derogation from the first paragraph, immovable property and all rights and obligations relating to immovable property are transferred to the Buildings Regime.
The King sets out the terms of these transfers.
§ 2. Where transfers referred to in § 1^er have been completed, the Chambers of Business and Trade will be deleted and articles 1^er 5 of the laws relating to the organization of the coordinated middle classes on May 28, 1979 will be repealed.
§ 3. The effective and alternate members as of the date of the publication of this Act of the Professional Section of the Higher Council of Independents and Small and Medium Enterprises which have been designated by the Chambers of Professions and Negotiations shall maintain and complete their mandate. For this mandate, they are considered to be designated by inter-federal offices.
Amendments to the Programme Law of 10 February 1998,
for the promotion of the independent enterprise
Art. 76. Section 9 of the Program Act of 10 February 1998 for the promotion of the independent enterprise, as amended by the Act of 3 May 1999 and the Royal Decree of 20 July 2000, is replaced by the following provision:
“Art. 9. Registration in the Banque-Carrefour des Entreprises as a commercial or artisanal business is proof that it has been met with the requirements for entrepreneurial capabilities, unless otherwise demonstrated. »
Art. 77. In section 10 of the Act, the first sentence is replaced by the following words: "The following persons are exempt from proof of entrepreneurial abilities:".
Art. 78. The following amendments are made to section 11 of the Act:
1° to § 1^er, the first sentence is replaced by the following words: "The following persons are temporarily exempt from proof of entrepreneurial abilities:"
2° § 2 is replaced by the following provision:
“§2. Where the natural person who, in accordance with Articles 4, § 2, and/or 5, § 2, provides proof of basic management knowledge and/or professional competence leaves the enterprise, the company shall have a period of six months to meet the requirements set out in Articles 4, § 1^er, and/or 5, § 1^er. »
Art. 79. Section 12 of the Act is repealed.
Art. 80. In Article 16, § 1^erthe first paragraph shall be replaced by the following provision:
"A fine of 250 to 10,000 euros shall be punished by anyone who has a professional activity, whose exercise is regulated in accordance with this chapter, without the knowledge of basic management and/or professional competence. »
Art. 81. In section 17 of the Act, the following amendments are made:
1° to § 4, the second paragraph is repealed;
2° 1 § 5 is added, as follows:
Ҥ 5. The legal person who holds a certificate on his or her behalf may continue his or her professional activities as long as the natural person who has proven to have basic management knowledge and/or professional competence does not leave the business.
As soon as the natural person leaves the business, the legal person has a period of six months to meet the requirements set out in Articles 4, § 1^er, and/or 5, § 1^er. »
Art. 82. The title IV of the Act is replaced by the following title:
"ITTRE IV. - From the Agency for Administrative Simplification »
Art. 83. Chapter 1^er Title IV of the Act, including sections 37 to 39, is reported.
Art. 84. The title of Chapter II of Title IV of the Act is deleted.
Art. 85. Chapter III of Title IV of the Act, including section 44, is reported.
Art. 86. The royal decrees under articles 73 to 75 which are not confirmed by a law on the first day of the twenty-fourth month following that of their publication in the Belgian Monitor, cease to produce their effects.
Art. 87. The King shall, by order deliberately in the Council of Ministers, establish the date of entry into force of each of the provisions of this Act, with the exception of this section which shall enter into force immediately.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 16 January 2003.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
Minister of Public Service
and Modernization of Administration,
L. VAN DEN BOSSCHE
Minister of Justice,
Mr. VERWILGHEN
Minister of Telecommunications and Enterprises
and Public Participation in the Middle Class,
R. DAEMS
Minister of Economy,
Ch. PICQUE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 2002-2003.
House of Representatives.
Parliamentary documents. - Bill, 50-2058, No. 1. Amendments, 50-2058, n^bones 2 to 6. - Report of the Commission on Economics, Scientific Policy, Education, National Scientific and Cultural Institutions, Average Classes and Agriculture, 50-2058, No. 7. - Text adopted by the Commission on Economics, Scientific Policy, Education, Scientific and Cultural Institutions, Average Classes and Agriculture, 50-2058, No. 8. - Amendments submitted after tabling of the report, 50-2058, No. 9. - Text adopted in plenary and transmitted to the Senate, 50-2058, No. 10.
Annales parliamentarians. - 16 December 2002.
Senate.
Documents of the Senate. - Project referred to by the Senate, 2-1396, No. 1. - Amendments, 2-1396, No. 2. - Report made on behalf of the Commission, 2-1396, No. 3. - Amendments reassigned after approval of the report, 2-1396, No. 4. - Decision not to amend, 2-1396, No. 5.
Annales of the Senate. - 23 December 2002.