Act Relating To Plans For The Participation Of Workers In The Capital And Profits Of Corporations (1)

Original Language Title: Loi relative aux régimes de participation des travailleurs au capital et aux bénéfices des sociétés (1)

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Posted the: 2001-06-09 Numac: 2001003254 Ministry of finance 22 May 2001. -Act on the plans for the participation of workers in the capital and profits of corporations (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. for the purposes of this Act, is meant by: 1 ° society: any company, any association or any institution subject to the corporate income tax under Title III, chapter I, of the Code of the 1992 income tax or the tax by virtue of article 227, 2 °, of the same Code, with the exception of companies subject to special coordination centres scheme;
2nd worker: the person performing work for remuneration in the framework or outside of a contract of employment and under the authority of another person;
3 ° employer: the company, within the meaning of the 1 °, which employs the worker referred to in the 2nd;
4 ° code companies: the Code of corporations established by article 2 of the Act of 7 May 1999;
5 ° group (subject to derogations to be taken by way of royal decree deliberated in the Council of Ministers): set of companies referred to in 1 ° and linked within the meaning of article 11 of the Code of corporations.
6 ° small company: the company referred to in article 15 of the Code of corporations.
7th plan participation: the plan of participation of workers in the capital or profits of corporations or the group to which these companies are part, including specific terms and conditions are in accordance with the provisions of this Act and are taken in a collective labour agreement or an act of accession laying down all the specific procedures relating to the application of the participation of workers;
8 ° collective labour agreement: the agreement in application of the law of 5 December 1968 on collective labour agreements and joint committees or regulations relating to plans for the participation of workers in the capital and the profits of companies, adopted by the joint commission and declared binding by the Board of Directors under the Act of 21 March 1991 on the reform of some economic public companies;
9 ° Act of accession: Act of accession referred to in article 4;
10 ° Société Coopérative de participation: cooperative society referred to in the provisions of chapter III;
11 ° plan investment savings: the participation plan referred to the provisions of chapter IV.
12 ° mass total gross payroll: staff listed in heading 102 "staff costs" of the social balance sheet prepared in accordance with the provisions of the royal decree of 4 August 1996 on the social balance sheet;
13 ° companies concerned: the company, its subsidiaries and Belgian establishments, within the meaning of article 229 of the Code of taxes on income 1992, which instituted a participation plan in accordance with the provisions of this Act;
14 ° credit institution: the credit institutions within the meaning of article 1, paragraph 2, of Act of 22 March 1993 on the status and control of the credit institutions under Belgian law, covered by a Member State of the European Union or established in Belgium;
15 ° stockbroking company: investment under Belgian law firms received accreditation as a society of scholarship, referred to in article 47, § 1, 1 ° of the law of 6 April 1995 on secondary markets, business investment, intermediaries and investment advisers, investment firms governed by the law of a Member State European Union licensed in their State of origin to receive securities into account as well as companies of investment established in Belgium;
16 ° participation in profits: the amount of the profit for the accounting year awarded cash by a corporation within the meaning of the 1 ° to workers under the participation plan;
17 ° participation in the capital: the amount of the profit for the accounting period attributed to the workers, under the plan's participation in shares with voting rights and issued or to be issued by any of the companies concerned or a related company (within the meaning of article 11 of the Code of corporations) to one of these companies;
18 ° worker concerned: the worker referred to in 2 ° and having the opportunity to take part in the participation plan referred to the 7 °;
19 ° worker member: the worker referred to in 18 ° and having decided to take part in the participation plan referred to the 7 °;
20 ° OLO: linear obligation, referred to in articles 1 to 10 of the royal decree of 9 November 1992 on the coordination of the royal decree of 27 March 1992 on linear bonds.
CHAPTER II. -Plan participation art.
3 § 1. Without prejudice to the provisions of the Code of corporations, each employer can take the initiative to establish a participation plan.
§ 2. The establishment of a participation plan is under a collective agreement specific working.
§
3. The specific character of this collective labour agreement implies that only the conditions and procedures prescribed by this Act and relating to the participation plan may be included in this convention.
§ 4. For companies with no trade union delegation, involvement plan - with regard to the terms and conditions prescribed by the present law - is introduced, at the option of the employer, or through a collective working either in respect of the special procedure laid down in article 4.
§ 5. The other terms and conditions not prescribed by law are introduced on the initiative of the employer, after consultation with the Board of company or, in the absence of Council business, the Committee for prevention and protection at work, or in the absence of Committee for prevention and protection at work, of the Trade Union delegation. In the absence of Trade Union delegation, workers are informed directly by posting and they may comment in a special registry for a period of 15 days from the day of the display.
§ 6. Involvement plan incorporating the terms and conditions referred to in article 9 of this act as well as, where appropriate, those referred to in § 5 of article 3, shall be communicated in writing to the workers concerned.
S.
4 § 1. The draft Act of accession, within the meaning of article 3, §§ 4 and 5 of this Act, is established on the initiative of the employer and the workers concerned shall be informed, at the option of the employer, either in writing or by posting. Each worker can receive, on request, a copy of the text of the draft Act of accession.
§
2. The employer holds a special register at the disposal of workers in which they can record their observations within a period of fifteen days from the date of the communication. At the expiry of this period, the employer shall send the registry for information to the officer designated by the King.
§
3. At the end of the period, comments are immediately brought to the attention of workers by posting. The official designated by the King tries to reconcile the divergent views.
In case of agreement, the Act of accession enter into force at the earliest on the eighth day following that of the conciliation.
If the officer designated by the King fails, it immediately sends a copy of the minutes of conciliation to the president of the competent joint commission. The minutes must, on the one hand, the reasons given by the employer for the introduction of the Act of accession, and on the other hand, record observations of workers, as they are recorded in the special register.
Jab made a final attempt of conciliation during its next meeting.
If the Joint Board fails, plan participation is not introduced.
§ 4.
In the absence of Joint Appeals Board for a branch of activity, the officer assigned by the door King case before the national Council labour. In an attempt to reconcile the divergent views, it means JAB which are companies carrying on a similar activity.
§ 5. The Secretary of the Joint Appeals Board concerned shall inform the employer of the conciliation results obtained by the joint commission within a period of eight days.
If it fails, workers are informed by way of displaying or writing the procedure of implementation in the § 1.
Provided that there is agreement, the Act of accession enter into force at the earliest on the eighth day following that of the conciliation.
§ 6.
The absence of observation, the Act of accession enters into force the fifteenth day - except as otherwise provided in the same Act - following that communication.
S. 5 § 1.
All the workers concerned must have the opportunity to take part in the participation plan.
§
2. The specific collective agreement or the Act of accession may provide a seniority not exceeding one year. When a worker is hired on the basis of successive contracts, required seniority is calculated taking into account the accumulation of successive contracts.
S. 6 § 1.
A participation plan may be established as if the employer is bound by a collective labour agreement relating to wages, for the same reference period.
§ 2. The total amount of the participations in the capital and benefits granted to workers in accordance with the provisions

This Act and implementation of the plan of participation cannot, at the close of the fiscal year concerned, exceed one of the following limits:-10% of total gross payroll;
-20% of the profit for the year after tax, as referred to in the order for the implementation of the Code of corporations.
When the participation plan is established at the level of a group, the mass total gross payroll and income after taxes are calculated on a consolidated basis determined in accordance with the provisions of royal decree deliberated in the Council of Ministers.
S. 7 § 1. During the introduction of terms of participation, the Works Council or, in the absence of Business Council, the Committee for prevention and protection at work, or in the absence of Committee for prevention and protection at work, the Trade Union delegation is aware of the relationship between involvement plan, the evolution of the employment and the policy of the company on the subject. The specific collective agreement or the Act of accession confirms that the introduction of involvement plan cannot go hand in hand with a decrease of employment calculated in full-time equivalence.
§ 2. For the purposes of this Act, participation plan can be established to replace or convert wages, bonuses, benefits in kind or whatsoever or complements to all the above, provided in individual or collective conventions whether subject or not to social security contributions. However, this provision is not applicable to collective engagement plans whose content is similar to the purpose of this Act and which were established at the company level or at the level of the group prior to the entry into force of this Act.
S. 8 § 1. The participation plan may be established both at the level of a society at the level of a group.
§ 2. With regard to the terms and conditions prescribed by this Act, the establishment of a participation at the level of a group plan is under one or several collective agreements of specific work, in accordance with the provisions of this Act, or for the companies of a group with no trade union delegation, in accordance with the special procedure laid down in article 4. Each specific collective agreement is then submitted for opinion to the Works Council or, in the absence of Council business, the Committee for prevention and protection at work, or in the absence of Committee for prevention and protection at work, to the Union delegation other companies belonging to the same group. In the absence of Trade Union delegation, the employees of the companies covered by the plan of participation are informed directly by posting.
§ 3. The other terms and conditions not prescribed by this Act are introduced on the initiative of the employer, subject to the procedure laid down in article 3, § 5.
§ 4. The concept of group as referred to in this section is determined by means of royal decree deliberated in the Council of Ministers, after consultation with the central Council of the economy.
S. 9 § 1. Involvement plan mentions mandatory: 1 ° where appropriate, the supplementary rules for the calculation of seniority;
2 ° mandatory membership of workers;
3 ° the choice of the mode (s) of assignment, which must necessarily be in cash or in shares or units;
4 ° the period of unavailability of stocks and shares, which cannot be devoid of their right to vote;
5 ° if applicable, subject to compliance with the provisions of section 10 of this Act, the objective criteria used to determine the amount attributable to each of the acceding workers;
6 ° the modalities and the thresholds for calculation attributed due involvement plan;
7 ° where appropriate, the creation of a separate company to the holding and management of the shares granted.
If creation of a cooperative society of participation for the purposes of detention and the management of the investments, the worker keeps in all circumstances the possibility to bring its participation in the cooperative society of participation capital. This faculty of choice and its terms must be expressly stated in the participation plan;
8 ° calculation pro rata temporis, of the amount of the participation in the event of voluntary suspension or termination of the contract of employment, except in the case of serious grounds attributable to the worker;
9 ° the duration and the arrangements for the termination of the participation plan;
10 ° the identity of the person called to bear the costs of management relating to the deposit uncovered referred to in article 11, § 1;
11 ° the disapplication of section 23 of the Act of 5 December 1968 on collective labour agreements and joint committees.
§ 2. Any changes which may be made to the types of information to be included in the participation plan, referred to the § 1 subject to a royal decree deliberated in the Council of Ministers, after consultation with the national labour Council.
S. 10 § 1. As appropriate, the collective labour agreement in the Joint Committee or joint Sub-Commission defines the objective criteria used to determine the distribution keys that can be applied to different workers.
§ 2. A royal decree deliberated in the Council of Ministers, after consultation with the national Council of labour, and to take within a period not exceeding three months from the date of the entry into force of the provisions of this Act, sets these objective criteria which apply in the absence of any collective agreement referred to the § 1.
S.
11 § 1. Received shares and having, where applicable, subject to a contribution made in accordance with article 12, are unavailable during a period fixed by the collective agreement for specific work or the Act of accession without that this period of downtime may be not less than two years nor more than five years. Shares in bearer form subject to a short deposit with a credit institution or of a stockbroking company, at the option of the employer.
Registered shares are subject to a special entry in the register of shareholders of the issuer and, where appropriate, on the representative certificate of registered securities.
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2. Compliance with the condition of unavailability, referred to the § 1, is provided by the inclusion of the equity, on a title account blocked, on behalf of the worker and opened with a credit institution or a company scholarship or by registration special in the register of shareholders and, where appropriate, the certificate of registered securities, if it shares or registered shares.
§ 3. The period of unavailability of the shares of a worker ends when: 1 ° of dismissal;
(2) leave given by the worker for serious reasons;
3 ° of retirement;
4 ° of death of the person concerned;
5 ° of takeover bid on the securities offered under the equity;
6 ° of operations resulting in a change of control of the Corporation whose securities are offered under participations capital, within the meaning of the Act of 2 March 1989 on advertising of the major holdings in listed companies and regulating the takeover bids;
7 ° transfer of workers at a company not linked under the collective labour agreement No. 32bis concerning the maintenance of the rights of workers in the event of change of employer by reason of a conventional company transfer and regulating the rights of the workers resumed in the event of resumption of the assets after bankruptcy or judicial composition by surrender of assets, concluded within the national labour Council and rendered compulsory by the royal decree of 25 July 1985;
8 change of competent JAB °, on the part of the employer.
CHAPTER III. -Of the cooperative society of participation art. 12 § 1. It can be made use of a cooperative society's involvement with the sole purpose to hold and manage the investments made by the workers.
§ 2. The capital of the cooperative society's participation is formed by the contributions made by acceding workers of their entries to the capital and, where appropriate, by the dividends that they are distributed by the co-operative participation. Dividends generated by these investments must be returned to the title of return on capital to recipient workers after deduction of management fees set according to the provisions of the decree referred to in article 13.
§ 3. The company is incorporated in the form of a cooperative corporation liability limited or not. This company's name must include the term 'cooperative society of participation'. This company was founded by at least three members workers of one or more companies. Only accession workers may be shareholders of the cooperative society's participation. By way of derogation from article 367 of the Code of corporations, accession workers cannot resign or withdraw a portion of their shares in the company before the end of the period referred to in article 15.
§
4. The governing body of the cooperative society participation approves involvement plan at its first meeting.
S. 13. without prejudice to the provisions of the Code of corporations,

the King by Decree deliberated in the Council of Ministers, take appropriate measures to ensure the proper management and control of cooperative societies of participation.
S. 14 the co-operative participation shares are allocated to accession workers, according to the criteria and limits defined in terms of participation.
S. 15 § 1.
The co-operative participation shares are unavailable during a period which cannot be less than two years nor more than five years. This period is fixed by the participation plan. Observance of the period of unavailability is ensured by a special entry in the register of shareholders of the cooperative society's participation.
§ 2. The period of unavailability of the shares in the cooperative society of participation by a worker member ends in cases: 1 ° of dismissal;
(2) leave given by the worker for serious reasons;
3 ° of retirement;
(4) death of the worker;
5 ° of takeover bid on shares held by the cooperative society of participation;
6 ° of operations resulting in a change of control of the company including the cooperative company of participation holds shares or shares, within the meaning of the Act of 2 March 1989 on advertising of the major holdings in listed companies and regulating public takeover offers.
7 ° transfer of workers at a company not linked under the collective labour agreement No. 32bis concerning the maintenance of the rights of workers in the event of change of employer by reason of a conventional company transfer and regulating the rights of the workers resumed in the event of resumption of the assets after bankruptcy or judicial composition by surrender of assets, concluded within the national labour Council and rendered compulsory by the royal decree of 25 July 1985;
8 change of competent JAB °, on the part of the employer.
§ 3. At the end of the period of unavailability, or when it is terminated for any of the grounds referred to in the preceding paragraph and if a member worker has resigned, is application of article 374 of the Code of corporations.
The co-operative participation shares must be transferred to workers who joined involvement plan or be cancelled.
§ 4. By way of derogation from article 374 of the Code of companies, participation plan and the statutes of the cooperative society's participation may provide other methods to determine the value of the shares of the shareholder who has resigned.
S.
16. in the event of bankruptcy of the cooperative society, participation or any other form of competition partners have the right of pre-emption on shares and shares listed on behalf of the cooperative society's participation in the register of shareholders and the prorated shares and shares they have made to the cooperative participation. Procedures for the exercise of the right of pre-emption are laid down by royal decree.
S. 17. If the participation plan provides for the possibility of setting up a cooperative company of participation, it also determines: 1 ° a) rules on the composition of the organs of the cooperative society of participation;
(b) the conditions of acquisition, transfer and referred, fixed the co-operative participation shares in compliance with the provisions of chapter III of this Act;
(c) the terms and conditions of release of workers laid down in compliance with the provisions of chapter III of this Act;
d) rights attached to shares issued by cooperative society of participation;
(e) the rights of the workers on the heritage of the cooperative society participation);
2 ° the conditions under which the co-operative participation may acquire and dispose the equity capital and, where appropriate, the right of pre-emption of the companies concerned or their other shareholders on stocks or shares owned by the cooperative company of participation;
3 ° the types of expenditure that the co-operative participation can engage in accordance with the provisions of the decree referred to in articles 12, § 2 and 13;
4 ° the terms of distribution of dividends generated by the investments managed by the co-operative participation, where the latter would proceed not with immediate surrender of these dividends to recipient workers (after deduction of management fees set according to the provisions of the decree referred to in article 13).
CHAPTER IV. -S. investment savings plan
18. the plan introduced by a small company profit-sharing can take the form of a savings plan investment whereby allocated profits are put at the disposal of the company by the workers in the context of a non-subordinated loan accounted separately from the debts of the company.
S. 19 § 1. Repayment of loan monies must be carried out at the end of a period, fixed by specific collective agreement or by Act of accession concluded within society, which may not be not less than two years nor more than five years.
§ 2. Interest is payable annually on the loan amounts in accordance with the provisions of article 18 of this Act. The method of calculation of the interest rate, which may not be less than the interest rate applicable to an OLO's equivalent to that of the loan duration is determined in terms of participation. Interest is payable in arrears within thirty days following the expiry of the annual term of the interest debition.
§ 3. Regardless of the term set by the plan of participation, the period in the § 1 ends in case: 1 ° of dismissal;
2 ° leave given by the worker for serious grounds.
3 ° of retirement;
4 ° the Member worker deaths;
5 ° of takeover bid for securities issued by the employer;
6 ° of operations resulting in a change in control of the company, within the meaning of Act of 2 March 1989 advertising of major holdings in companies listed on the stock exchange and regulating takeover bids;
7 ° transfer of workers at a company not linked under the collective labour agreement No. 32bis concerning the maintenance of the rights of workers in the event of change of employer by reason of a conventional company transfer and regulating the rights of the workers resumed in the event of resumption of the assets after bankruptcy or judicial composition by surrender of assets, concluded within the national labour Council and rendered compulsory by the royal decree of 25 July 1985.
8 change of competent JAB °, on the part of the employer.
S. 20. the total amount of contributions referred to in article 18 shall, within a time limit which must be less than the period referred to in article 19 § 1 by the company to capital investments, as covered by the order for the implementation of the Code of corporations.
S. 21. in small corporations that lose this quality investment savings plans established prior to the change of quality are however completed. The ready funds, in accordance with article 18, may not be repaid early.

Chapter V. - Provisions tax s. 22. article 1 of title I, count of the Code of taxes compared to income taxes is completed as follows: "4 ° tax and tax additional on the participation of workers in the profits or the capital of the company.»
S. 23. the Code of taxes compared to income taxes is supplemented by a title VII, as follows: "Title VII. -Tax on the participation of workers in the profits or the capital of the company, chapter I. -Made generator Article 112. Established in charge of workers a tax on equity capital or the profits attributed under Act of 22 May 2001 on employee participation plans capital and corporate profits.
It is established in charge of workers an additional fee for non-compliance of the condition of unavailability of the interest referred to in articles 11 and 19, of the law of 22 May 2001 on to plans for the participation of workers in the capital and profits of the companies or the share referred to in article 15, § 1, of the Act.
CHAPTER II. -Base taxable Article 113. § 1.
The tax base of tax is determined as follows: 1 ° when it is a participation in the profits, the tax base is equal to the amount of cash awarded in accordance with the plan participation, subject to deduction of the social contribution provided for in article 33 of the law of 22 May 2001 on the schemes of participation of workers in the capital and corporate profits;
2 ° when it is a participation in the capital, the taxable base is equal to the amount to be allocated to the capital interest attributed in accordance with the annual participation plan of the company;
3 ° where the participation in the profits is the subject of a savings plan investment in accordance with articles 18 to 21 of the law of 22 May 2001 on the schemes of participation of workers in the capital and corporate profits, the tax base is equal to the amount of cash awarded in accordance with the plan of the company's annual participation;
4 ° the tax eventually borne by the debtor of the participation in the discharge of the recipient is added to the amount of this contribution for the calculation of the tax.
§ 2. When it comes to participation in the capital, the amount

to be assigned to it, such as referred to the § 1, 2 °, cannot, for the determination of the taxable base,-when it comes to actions listed or traded on the stock exchange, be less than the amount corresponding to the choice of the company which assigns the shares at the average price of the share during the 30 days preceding the day of the allocation of shares to workers, or the last course of fence preceding the date of the allocation;
-in other cases, be less than the actual value of the share at the time of the allocation, determined by the company that assigns assent from a reviewer of undertakings or an external accountant designated by that.
This value cannot, however, be less than the book value of the shares on the basis of the latest annual accounts of the issuing company closed and approved by the competent authority before the date of the award.
Article 114. The taxable base of the additional fee corresponds to that which has been established pursuant to article 113, § 1, 2 °, when it comes to participation in the capital or article 113, § 1, 3 °, when it is a participation in the profits subject to an investment savings plan and is limited in proportion to the interests or shares made available.
CHAPTER III. -Chargeability of tax Article 115. Attribution or implementing payment of profits or capital entries causes the debition of tax.
Is especially considered in licensing, registration of participation in an account opened for the benefit of the beneficiary, even if this account is unavailable, provided that the downtime is the result of an agreement or acquiescence with the recipient or the application of articles 11 and 19, § 1 of the law of 22 May 2001 on the schemes of participation of workers in the capital and corporate profits.
Section 116. The additional fee is due at the time where the unavailability of participation provided for in articles 11 and 19, § 1, or of shares referred to in article 15, § 1 of the law of 22 May 2001 on the schemes of participation of workers in the capital and corporate profits is thrown.
CHAPTER IV. -Article 117 tax rates. § 1. The tax rate is set at:-15% for the equity.
-15% for contributions to profits attributed under an investment savings plan and which are the subject of a non-subordonne loan;

-25% for the profit participations not covered by the rate of 15%.
§
2. The additional tax rate is set at 23.29%.
Chapter V. - owe tax Article 118. § 1. Is liable to pay tax and should hold it on the amounts to be assigned to the cash payment, to participation in the capital or investment savings plan, the employer referred to in article 2 of the Act of 22 May 2001 on the schemes of participation of workers to the capital and the profits of the companies.
§ 2. Is liable to pay the additional fee and should hold it: 1 ° breach of the condition of unavailability of account provided for in article 11 of the law of 22 May 2001 on the schemes of participation of workers in the capital and the profits of the companies, the credit institution or stockbroking firm referred to in this article.
Additional tax deduction occurs either by sale by the credit institution or stockbroking firm, in the name and on behalf of the worker, the necessary number of entries in the capital, the payment by the worker, the amount of additional tax prior to any release of securities;
2 ° in case of lifting of the unavailability of the shares referred to in article 15 of the law of 22 May 2001 on the schemes of participation of workers in the capital and profits of corporations, cooperative society of interest referred to in chapter III of the Act;
3 ° in all other cases, the employer referred to in article 2 of the Act of 22 May 2001 on the schemes of participation of workers in the capital and corporate profits.
CHAPTER VI. -Mode of payment, establishment and recovery of tax Article 119. The mode of payment, the establishment and the recovery of the fee and the additional fee shall be determined in accordance with the rules applicable to the mode of payment, to the establishment and recovery of withholding. » Art. 24 article 21 of the 1992 income tax Code, the 6th is replaced by the following provision: "6 ° the first instalment of 5,000 Belgian francs of dividends of the cooperative societies recognized by the national Council for cooperation, with the exception of co-operative holding companies covered by the provisions of the law of 22 May 2001 on to plans for the participation of workers in the capital and corporate profits;".
S. 25. article 38, paragraph 1, of the Code, is completed as follows: «15 ° entries to the capital or profits attributed in accordance with the provisions of Act of 22 May 2001 on employee participation plans capital and the profits of companies - including entries as part of a savings investment plan - and subject to tax on the participation of workers in the capital and corporate profits.»
S. ((26 article 198, paragraph 1, of the same Code the following changes are made: a) the 2 °, repealed by Act of 22 July 1993, is reinstated in the following wording: "2 ° tax and additional tax on investments supported by the debtor of income at the discharge of the beneficiary referred to in article 113 of the Code taxes regarded as taxes on income; ' b) article is complemented by a 12 ° worded as follows: "12 ° capital or profits, including entries entries attributed to workers in the context of a savings investment plan, the law of 22 May 2001 on to plans for the participation of workers in the capital and corporate profits. ''
S. 27. article 207, paragraph 2, of the same Code is supplemented as follows: ', or on the part of the profits that are assigned to the expenditure referred to in article 198, paragraph 1, 12 °.»
S. 28. Notwithstanding articles 183-207 of the 1992 income tax Code, the taxable income of the cooperative's participation is equal to the amount by the total: has) costs and expenses not deductible in respect of professional fees other than the write-downs and capital losses on shares or covered by article 198 , paragraph 1, 7 ° of the Code;
(b) expenditure referred to in articles 57 and 195, § 1, paragraph 1, of the same Code and which are not justified by individual cards and a summary.
S. (29. article 269, paragraph 3, of the same Code is supplemented by a point), as follows: 'e) dividends distributed by a cooperative of participation under a participation plan referred to in article 2, 7 °, of Act of 22 May 2001 on plans for the participation of workers in the capital and corporate profits to accession workers '. referred to in article 2, 19 °, of the Act, to the extent that dividends received by the cooperative society's participation would, in the absence of exemption, benefited from the rate of 15%. » Art. 30. an article 304bis, worded as follows, shall be inserted in the same Code: "That it is not waived, provided the withholding provisions of this title are applicable to tax and additional tax on contributions to capital and profits referred to in Title VII of the Code of taxes compared to income taxes."
S. 31. an article 124 of the Code of registration fees, mortgage and registry, repealed by Act of April 14, 1965, is restored in the following wording: «art.» 124. subject to the provisions of articles 44 and 120, are exempted from the proportional duty: 1 ° the statutory capital increase carried out in application of a participation plan referred to in article 2, 7 ° of the law of 22 May 2001 on the schemes of employee participation in capital and corporate profits and competition from the investments referred to in article 2 (17) of the Act;
2 ° the contribution to a cooperative participation carried out in accordance with article 12, § 2, of the Act.
This exemption is applicable only insofar as it is stated in the Act or in a document attached to the Act before recording that the implementing conditions are met.
In case of absence or inaccuracy of this statement, the company is liable to a fine equal to evaded law. » CHAPTER VI. -Social law provisions art.
32. article 2, paragraph 3, of the Act of 12 April 1965 on the protection of workers compensation, is replaced by the following provision: "(However, are not to be considered as earnings for the purposes of this law: 1 ° benefits paid directly or indirectly by the employer: has) as holiday pay;
(b) which must be considered as a complement to allowances due as the result of an accident at work or an occupational disease;
(c) should be considered as a complement to the benefits granted to the various branches of social security;
2 ° payments in cash or in shares or units to workers, in accordance with the application of the law of 22 May 2001 on to plans for the participation of workers in the capital and corporate profits. » Art. 33 § 1. In article 38, § 3quater, of the law of 29 June 1981 laying down the

General principles of social security for employees, the following subparagraphs are inserted between paragraphs 3 and 4;
"Solidarity is assessed to Member worker's dependent. She is due and retained by the employer or the company - within the meaning of article 2, 3 °, of the law of 22 May 2001 on to plans for the participation of workers in the capital and corporate profits - on the amount of the profit sharing paid in cash.
This contribution rate is set at 13.07% of the liquid amount. »
§ 2. In article 38, § 3quater, paragraph 4, of the Act, becoming paragraph 6, the words "referred to in paragraphs 1 and 4" shall be inserted between the words "The contribution" and the words "paid".
S. 34. an article 2 bis, as follows shall be inserted in the employment contracts Act of 3 July 1978: «art.» 2A. - are not to be considered as earnings for the purposes of this Act: payments in cash or in shares or units to workers in application of the law of 22 May 2001 on to plans for the participation of workers in the capital and corporate profits. » Art. 35. article 10 of the Act of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness is supplemented by a 3 ° as follows: «3 ° payments in cash or in shares or units to workers in application of the law of 22 May 2001 on to plans for the participation of workers in the capital and corporate profits. ''
S. 36 § 1. Half of the total amount of the proceeds from the imposition of the capital or profits, including entries entries allocated as part of a savings plan of investment for workers, in accordance with the provisions of the law of 22 May 2001 on the schemes of participation of workers in the capital and corporate profits and resulting from the application of articles 183-207 215, 216, 228-231, 233, 235 to 240 and 246 of the 1992 income tax Code is attributed to the overall management ONSS, referred to in article 5, paragraph 2, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers.
§ 2. 56.6% of the total amount of the proceeds of the additional tax referred to in article 112, paragraph 2, the Code of taxes compared to income taxes are attributed to the overall management ONSS, referred to in article 5, paragraph 2, of the law of 27 June 1969, revising the Decree-Law of 28 December 1944 on social security workers.
§
3. The King may, by Decree deliberated in the Council of Ministers, decide to allocate a portion of the proceeds of taxation referred to in §§ 1 and 2, to the financing of social security other (s) category (s) of workers.
S. 37 article 19 of the mortgage law of December 16, 1851, is added a dash at the 3 ° bis, as follows: "-them are lent as part of a savings plan investment referred to chapter IV of Act of 22 May 2001 on plans for the participation of workers in the capital and corporate profits. ''
CHAPTER VII. -Provisions of financial law and corporate art. 38. in article 34, § 1, of the royal decree No. 185, July 9, 1935, as supplemented by order No. royal, 67 of November 30, 1939 and amended by the law of April 2, 1962, by the law of April 2, 1962, by the law of 4 August 1978, under article 15 of the Act of March 9, 1989, by article 232 of the Act of December 4, 1990 by the law of 22 March 1993, by the royal decree of 16 June 1994, section 174 of the Act of December 21, 1994, by the royal decree of 13 January 1995 and article 32 of the Act of 30 October 1998, inserted a 1 ° ter as follows: "1 ° ter to allocations of shares or shares to workers in execution of equity plans governed by the law of 22 May 2001 on the schemes participation of workers in the capital and corporate profits. » Art.
39. article 4, paragraph 2, of the law of 22 March 1993 on status and control of credit institutions is supplemented as follows: «8 ° to small companies, for profit attributed to their workers, as part of a savings investment plan, and that they receive in the form of loans on the part of these under the law of 22 May 2001 on the schemes of participation of workers in the capital and corporate profits. ''
CHAPTER VIII. -Control, follow-up and penal provisions art. 40 § 1. Without prejudice to the powers of the judicial police officers, the officials designated by the Minister of employment are responsible for the control of the execution of this Act.
§ 2. Without prejudice to articles 269-274 of the penal Code, shall be punished by a fine of 26 to 500 Belgian francs: 1 ° the employer, its servants or agents that have not complied with the obligations prescribed by this Act and its implementation orders. the fine is applied as many times there are workers with respect to which an offence has been committed without that however the total fines exceed 100,000 Belgian francs;
2 ° any person who impedes the monitoring organized under this Act.
§ 3. The judge sentencing to charge the employer, its employees or its agents, condemns the employer to pay to the national social security the amount of the contributions agency Office, increases in premiums and interest on late payments that do not have paid to the Office.
S. 41 § 1. The King may, after opinion from the national labour Council, predict that companies and co-operative participation companies must keep documents and provide information concerning engagement plans.
§
2. The King takes the necessary measures for:-statistical information relating to the application of this Act and determine by order deliberated in Council of Ministers are collected appropriately;
-that an annual report be prepared by the national Council of labour for the Government and legislative chambers, that this report contain information about the application of engagement plans and measures that have been taken to ensure subsequent implementation of the plans of participation in new companies or new groups.
S. 42. the King sets the date of entry into force of each of the provisions of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, 22 May 2001.
ALBERT by the King: Prime Minister: G. VERHOFSTADT Deputy Prime Minister and Minister of employment, Ms. L. ONKELINX the Minister of affairs social and Pensions, F. VANDENBROUCKE Minister of Agriculture and Middle Classes, J. GABRIELS. the Minister of Justice, Mr. VERWILGHEN Finance Minister, D. REYNDERS. the Minister of economy, c. PICQUÉ sealed with the seal of the State : The Minister of Justice, Mr. VERWILGHEN _ Notes (1) Parliamentary References: House of representatives: Documents: 50-1043-2000/2001: No. 1: Bill.
N 2-4: amendments.
No. 5: report.
No. 6: Text adopted by the commission.
No. 7: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 28 and 29 March 2001.
Senate: Documents: 2-710-2000/2001: No. 1: draft transmitted by the House of representatives.
No. 2: Project not referred by the Senate.

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