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4 MAI 1999. - An Act to amend the law of 25 ventôse an XI containing organization of notariat (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 provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Amendments
CHAPTER I^er. - Amendments to the law of 25 ventôse an XI
containing organization of the notariat
Art. 2. Section 2 of the law of 25 ventôse an XI containing organization of the notariat is replaced by the following provision:
“Art. 2. Notaries are designated until the age of sixty-seven. A year before reaching this age limit, they are considered resigning so that the procedure for their replacement can be initiated.
A notary who gives his resignation earlier is considered a resignation from the acceptance of his resignation. This resigning notary may, if authorized, perform his or her duties until the swearing-in of his or her successor or until the notification of the royal decree deleting his or her residence. »
Art. 3. Section 5 of the Act, replaced by the Act of 10 October 1967, is replaced by the following provision:
“Art. 5. § 1^er. Notaries perform their duties within the scope of the judicial district of their residence. However, those who have their residence in the judicial district of Verviers or in the district of Eupen exercise their functions in the scope of these two districts.
§ 2. Notaries may, however, receive acts outside their jurisdiction in cases where the parties can only appear in person and declare in the act that they are physically unable to attend the notary's study. »
Art. 4. In section 6, paragraph 1 of the Act, replaced by Royal Decree No. 213 of 13 December 1935, the following amendments are made:
A) 1° is replaced by the following provision:
"1° instrument out of its jurisdiction, except in the cases referred to in Article 5, § 2";
B) the 2° is replaced by the following provision:
"(2) have a study or office outside of his residence, except in the case provided for in Article 52, § 1^er »;
C) 8° is replaced by the following provision:
"8° be, himself or by interposed person, director of a commercial corporation or industrial or commercial establishment, unless authorized by the Minister of Justice. »
Art. 5. In Article 8 of the same Act, replaced by Article 1 of Royal Decree No. 213 of 13 December 1935, confirmed by the Single Article of the Law of 4 May 1936 and subsequently amended by Article 2 of the Law of 1^er March 1950, the words "collateral online up to the degree of uncle or nephew exclusively" are replaced by the words "collateral online up to the third degree inclusively".
Art. 6. Section 9 of the Act, replaced by the Act of 2 February 1983, is replaced by the following provision:
“Art. 9. § 1^er. The acts are received by one or more notaries. Apart from cases where the notary's designation is provided by court, each party has the free choice of a notary.
When the notary notices the existence of manifestly contradictory interests or in the presence of disproportionately disproportionate commitments, the notary draws the attention of the parties, and advises them that it is permissible for each of them to designate another notary or to be assisted by counsel.
The notary always fully informs each party of the rights, obligations and charges arising out of the legal acts in which it intervenes and advises the parties impartially.
§ 2. Two notaries, parents or allies of the degree prohibited by Article 8, or associates, may not participate in the acts provided for in Article 10, paragraph 1, 1° and 2°.
When an act is received by several notaries, it must mention the name of the notary who keeps it for a minute. »
Art. 7. Section 10 of the Act, as amended by the Act of 16 December 1922, is replaced by the following provision:
“Art. 10. The notary alone shall be assisted by two witnesses:
1° for the reception of public wills and acts for the revocation of these wills;
2° where either of the parties cannot or cannot sign, is blind or mute.
The international will is always received by one or more notaries with the assistance of two witnesses.
Witnesses must be aged eighteen years and be able to sign.
Can not be witnesses, nor the associate of the notary instrumentant, nor the spouse, parents and allies to the degree prohibited by section 8, clerics and personnel, either of the notary instrumentant, or of one of its associates, or of one of the parties. The spouses cannot be witnesses in the same act.
In addition, they may not be taken as witnesses to a public will or to an act revoking such a will, or to the legatees in any capacity, their spouse, their parents or allies to the extent prohibited by section 8, or their personnel. »
Art. 8. Section 11 of the Act, replaced by the Act of 16 December 1922, is replaced by the following provision:
“Art. 11. The names, names and domicile of the parties must be known to the notary or be established by identity documents probing to the act or be certified to it in the act by two persons known to him, having the qualities required to be instrumental witnesses. »
Art. 9. Section 12 of the Act, replaced by the Act of 10 July 1951, is replaced by the following provision:
“Art. 12. All acts must state the name, common name and place of residence of the notary who receives them, as well as the names, names and domicile of the parties. The associated notary sets out this quality and the company's seat instead of its residence.
The acts also state the names, common names and domiciles of witnesses provided for in articles 10 and 11, as well as the place and date of the acts.
The sums and dates are written in all letters. The procurations of the contractors are annexed to the minute. The power of attorney shall not be annexed to the minute if the notary of instrument retains the minute of the said power of attorney or has already annexed the patent or a shipment of it to an act of his ministry.
The act is commented. The references referred to in paragraph 1 and the second paragraph are still read in full, as well as the amendments to the draft act previously communicated.
The act is always read in full, in the cases referred to in Article 10, as well as in cases where the prior communication of the draft act to the parties and to the interveners did not take place in due course.
The draft act is, unless otherwise stated by a party, expected to have been received in due course, when the parties received it at least five working days before the act was passed.
At the end of the act, reference is made to the commentary on the act, the date on which the parties, if any, have prior knowledge of the draft act, and the partial or complete reading of the act. »
Art. 10. Section 19 of the Act, as amended by the Act of 9 April 1980, is supplemented by the following paragraph:
"When in a notarial act, it is referred to an act previously, both acts are carried out jointly, provided that they comply with the provisions of Article 12. The most recent act must also contain the declaration of the parties that they confirm that both acts form a whole, to have together value of authentic act. »
Art. 11. Section 25 of the Act is supplemented by the following paragraph:
"The shipment or the large of an act in which it is referred to an act previously, must be a copy of that act. »
Art. 12. Section 29 of the Act is supplemented by the following paragraph:
"However, when the act is received by several notaries, only the one who keeps the minute or the first person appointed if the act is received in a patent, registers it in its directory. »
Art. 13. 1° The title II of the Act is replaced by the following title:
"Organization of notary function".
2° In the title of the first section of title II, as replaced by Royal Decree No. 213 of 13 December 1935, the word "pilments" was deleted.
Art. 14. In section 31 of the Act, replaced by the Act of 10 October 1967 and amended by the Act of 9 April 1980, the following amendments are made:
1° In paragraph 2, the last sentence is supplemented as follows:
"and be rendered within one month of the application. »
2° The article is supplemented by the following paragraphs:
"The number of places occupied by a judicial district can never be less than the number of places established under paragraph 1 minus one.
Non-registrant associate notaries are not included in the number of notaries set out in the preceding paragraphs.
To fix the number of notaries, the judicial districts of Verviers and Eupen are considered to be only one. »
Art. 15. Section 32 of the Act is supplemented by the following paragraphs:
"Orders deleting or reducing places are published by extract to the Belgian Monitor.
In the event of the creation of a place or the appointment of a holder notary, or as soon as a notary is deemed to be resigned in accordance with Article 2, as well as in the case of death or dismissal of a notary, the vacancy is published in the Belgian Monitor. »
Art. 16. The following amendments are made to section 33 of the Act:
1° A new paragraph shall be inserted between subparagraphs 1 and 2 and read as follows:
"In the event that notaries practise their profession in association with a corporation, only one accounting is held on behalf of the corporation. »
2° Paragraph 3, as replaced by Royal Decree No. 213 of 13 December 1935, is repealed.
Art. 17. In section 34 of the Act, replaced by Royal Decree No. 213 of 13 December 1935, the following amendments are made:
1° In paragraph 1, the words "three months" are replaced by the words "one month".
2° Paragraph 3 is replaced by the following text:
"The foregoing paragraphs are not applicable where the total amount received, either on behalf of the same person or on the occasion of the same act or operation, does not exceed 100,000 francs. »
3° A sub-item is added as follows:
"The King may adjust the amount provided for above every two years, taking into account the economic situation. This adaptation comes into force on 1^er January of the year following the publication of the adaptation order. »
Art. 18. Section 34ter of the Act, inserted by Royal Decree No. 213 of 13 December 1935, is repealed.
Art. 19. Section 35 of the Act, as amended by the Act of 9 April 1980, is replaced by the following provision:
“Art. 35. § 1^er. Each year, the King appoints a number of nominees.
§ 2. After receiving the advice of each commission of appointment for the notariat, the King shall determine each year the number, by linguistic role, of nominees. This number is determined by the King according to the number of notaries to be appointed, the number of notaries designated, the number of laureates of the previous sessions that are not yet associated or appointed, as well as the need for associates. The total number cannot exceed 60. The linguistic role is determined by the language of the degree of Licensee in Notariat.
Royal order referred to in paragraph 1^er as well as a call to candidates are published annually to the Belgian Monitor.
§ 3. In order to be appointed as a candidate-notary, the individual must:
1. Be Belgian and enjoy civil and political rights;
2° be holder of the internship certificate provided for in Article 36, § 4;
3° appear on the final list referred to in Article 39, § 5, fourth paragraph.
§ 4. In order to be able to perform the notary function, the nominee must either be appointed a notary in accordance with Article 45 or be associated with a notary in accordance with Article 52, § 2. »
Art. 20. Section 35bis of the Act, replaced by the Act of 30 April 1958, is repealed.
Art. 21. Section 36 of the Act, replaced by the Act of 16 April 1927, is replaced by the following provision:
“Art. 36. § 1^er. To obtain an internship certificate, the individual must complete a course of at least three years as a principal activity in one or more notary studies. The internship can only be interrupted for a maximum of one year.
Without prejudice to the provisions of the preceding paragraph, the internship may also be completed for a maximum of one year:
1° in one or more notarial studies located abroad;
2° in a registration office in Belgium;
3° in a mortgage conservation in Belgium;
4° as assistant to a university law faculty;
5° to the bar.
§ 2. The internship period begins to count only from the moment when the individual graduated from the Licensee in Notariat.
The National Chamber of notaries may grant an exemption with respect to the beginning of the internship period, if the person concerned has exercised a legal function in one or more notary studies for at least five years as a principal professional activity.
§ 3. Military service and civil service taking place are not a cause of interruption, but only of suspension of the internship.
The internship may also be suspended for a period that may not exceed one year for authorization from the National Chamber of Notaries.
§ 4. The justification for the internship period results from the certificates issued by the internship master(s).
These certificates are issued in two copies. A copy is given to the trainee with acknowledgement of receipt. The second is transmitted to the National Chamber of Notaries.
Upon receipt of the probation certificates and verification of their compliance with the conditions laid down in this article, the National Chamber of Notaries shall issue a certificate of internship to the trainee. »
Art. 22. Sections 37 to 41 of the Act, repealed by the Act of 16 April 1927, are reinstated in the following wording:
“Art. 37. § 1^er. Trainees and holders of an internship certificate who exercise as a principal professional activity a legal function in a notarial study or in a notarial body, are evaluated every three years by an assessment board of the notary company where they perform their professional activity. A first evaluation is carried out after an internship year. The persons concerned may also request an assessment whenever the internship or professional activity is terminated in a notarial study or in a notarial organization. However, the holder of an internship certificate who expresses the wish, must no longer be subject to an evaluation.
The evaluation is based on the following criteria:
1° capacity;
2° the ability to function.
The King sets uniform standards to which evaluations must meet.
§ 2. At least two assessment boards are established within each notary company. These commissions consist of three members, appointed for a three-year renewable period only once, namely:
- a registered notary elected by the company. If the company has several judicial districts, a second notary from a given borough cannot be elected as a member unless all boroughs already have a member in an assessment board;
- an honorary notary designated by the company;
- an external member designated by the Minister of Justice for his jurisdiction, upon presentation of the competent appointing board.
Each company is responsible for providing the assessment board secretariat. The members of the assessment boards receive an allowance that is set by the King.
The assessment board refrains from assessing a person if a member has a personal or direct interest, or:
1° if a member is in relation to the person assessed in a parenting relationship referred to in section 8;
2° if a member has or has had the employer status of the person concerned, or if he exercises or has exercised an authority over the person in a professional manner.
In these cases, the individual is assessed by another assessment board.
§ 3. The assessment board conducts the evaluation after hearing the internship manager or the employer and the person assessed. The report of the evaluation commission is prepared after consensus of its members. In the absence of consensus, the various opinions are mentioned in the report. The evaluation report is transmitted to the assessed person and to the notary chamber.
§ 4. In the event that the person concerned has comments to make, he or she must transmit them, as soon as he or she is due, within one month of receipt of the evaluation report, by registered letter to the position, to the assessment board concerned.
§ 5. A copy of the evaluation report shall, if any accompanied by the comments, be forwarded by the assessment board to the notaries' chamber, which shall be made available to the notice board.
§ 6. When the applicant joins a notarial study or a notarial organization located in another province, his assessment file is forwarded to the notaries' chamber of that province.
§ 7. The members of the assessment boards concerned, the notary's chambers and their officers, who have read the contents of the file, are held incommunicado. Article 458 of the Criminal Code applies to them.
Art. 38. § 1^er. It is established a Dutch Language Appointment Commission and a French Language Appointment Commission for the Notariat.
§ 2. Each commission has eight effective members and eight alternate members, all of whom are Belgian nationals.
The Dutch Language Appointment Commission is competent to:
1° the classification of the candidates most suitable for an appointment as a candidate-notary, whose language of the degree of the Licensee in notariat is Dutch;
2° the classification of candidates for a nomination of a holder notary whose residence is located in the provinces of Antwerp, Limburg, Western Flanders, Eastern Flanders and Flemish Brabant;
3° Individual complaints concerning notary studies located in the judicial districts, referred to in 2°.
The French-language appointment board shall be competent to:
1° the classification of the candidates most suitable for an appointment as a candidate-notary, whose language of the degree of the Licensee in notariat is French;
2° the classification of candidates for a nomination of notary holder whose residence is located in the judicial districts that are part of the provinces of Hainaut, Liège, Luxembourg, Namur and Walloon Brabant;
3° Individual complaints concerning notary studies located in the judicial districts, referred to in 2°.
§ 3. The Dutch Language Appointment Commission and the French-language Appointment Commission together form the appointment commissions.
The appointing committees shall be competent to:
1° the classification of candidates for a nomination of a holder notary whose residence is located in one of the cantons of bilingual justices of the judicial district of Brussels, referred to in Article 43, § 12, paragraph 2, of the Law of 15 June 1935 concerning the employment of languages in judicial matters;
2° Individual complaints concerning notary studies in the cantons of the peace courts referred to in 1°;
3° the establishment of the competition program referred to in Article 39, § 2;
4° to formulate opinions and proposals concerning the general functioning of the notariat.
§ 4. Each appointing committee shall be composed of:
1° three notaries from three different companies, one of which has been appointed for less than five years;
2° a non-permanent associate notary;
3° a magistrate chosen from the judges of the courts and tribunals and the magistrates of the public ministry;
4° a lecturer or a law professor from a Belgian university law faculty who is not a notary, candidate-notary or associate notary;
5° two external members with a useful professional experience for the mission.
An alternate shall be designated for each member who meets the same conditions.
§ 5. For the duration of their term of office, candidates for a term of office within the appointing board may not be reached by the age limit set for the performance of the notary function.
The actual members, notaries, appointment boards and their alternates are appointed by the members of the General Assembly of the National Chamber of notaries, who are respectively members of the Dutch or French linguistic role.
Each member is designated to be a member of either of the appointing committee, according to their linguistic role. The linguistic role is determined for notaries by the language of their degree in notary; for lecturers and teachers, by the language of their degree from the Licensee or Doctor of Law. At least one member of the French-language appointment commission or an alternate must justify the knowledge of German, in accordance with sections 43, § 13, paragraph 2, and 43quinquies of the law of 15 June 1935 concerning the use of languages in judicial matters.
§ 6. A term of office within an appointment board is incompatible with:
1° a warrant in the National Chamber of Notaries, in a notary's chamber, in an assessment board referred to in section 37 or in a notice board referred to in section 38bis;
2° the King's attorney;
3° a mandate to the Supreme Council of Justice or the Judicial Advisory Council;
4° a political mandate conferred by election.
The term expires in full right:
1° in the event of an incompatibility referred to in paragraph 1;
2° where a member loses the quality required to sit in a board of appointment;
3° when a member is nominated for a notary or notary nomination.
§ 7. Members of an appointing committee shall serve for a term of four years; an outgoing member is not immediately eligible. No one can exercise more than two mandates within the appointing committee.
Any member may, at his or her request, be discharged from his or her mandate by the Chairman of the appointing committee.
The succession of the decommissioned effective member of his or her mandate shall be ensured by his or her alternate, who completes the term. The Chairperson requested that a new alternate be appointed to complete the term of office of the alternate member who either became an effective member or was discharged from the term.
§ 8. Each appointing committee shall choose, by an ordinary majority, from among its effective members, for a period of two years renewable only once, a chair and a vice-chair who, if applicable, replaces the chair and a secretary. The Chair and the Vice-Chair may not be both notaries or notaries associated.
The chairmanship of the appointment commissions shall be held for a period of two years alternately by the respective chairs of the appointment commissions. The first presidency will be entrusted to the oldest of both.
§ 9. In order to deliberate and make valid decisions, the majority of the members of the appointing committee must be present. In the event of absence or incapacity of an effective member, the alternate shall replace the member. Decisions are made by the ordinary majority of votes. In the event of a parity, the vote of the chair of the appointing committee or the vice-president who replaces it is a preponderant.
In order to deliberate and make decisions validly in the appointing committees, the majority of the members of each appointing committee must be present. The decision shall be taken by the ordinary majority of votes. In the event of a parity, the President of the appointing committees shall be the preponderant.
§ 10. Members of an appointing committee are prohibited from participating in a deliberation or decision in which they have a personal or direct interest, or:
1° if a member is in a parenting relationship referred to in section 8 with a candidate;
2° if a member has given an opinion on a candidate for the appointment of which he or she has been a member of a proceeding to render a notice referred to in section 39, § 3;
3° if a member has or has had the employer status of a candidate or has exercised or exercised an authority over a candidate in a professional manner.
§ 11. The terms and conditions for the functioning of the appointment boards and the attendance tokens of the members are determined by the King. Appointment commissions may establish rules of procedure that must be approved by the King.
Art. 38bis. It is established by province a notary's advisory committee, which is responsible for issuing advice to appointing commissions.
For the purposes of this Act, the territory of the cantons of bilingual justices of the judicial district of Brussels, referred to in Article 43, § 12, paragraph 2, of the Act of 15 June 1935 on the use of languages in judicial matters, is considered to be an eleventh province.
Each advisory committee is composed as follows:
1° of four notaries; if the company covers several judicial districts up to two of them can be from the same district;
2° of a candidate-notary in the table.
Notary members are appointed by the chambers of the notaries concerned. At least one of them must be a member of the room.
Two notaries belonging to the French linguistic role and two notaries belonging to the Dutch linguistic role must be members of the Brussels-Capital Advisory Committee.
The nominee-notary members are appointed by the Minister of Justice on presentation by a representative association of the notariat licensees. The King decides on the representativeness of this association, including the number of its members.
The candidate-notary member of the advisory committee for Brussels-CapitaIe alternately belongs to the French linguistic role and the Dutch linguistic role.
For each member, an alternate is designated in the same manner.
Members of an advisory committee shall serve for a period of one year; their mandate is renewable to a maximum of three times.
Members of a notice committee are prohibited from participating in a deliberation or decision in which they have a personal or direct interest, or:
1° if a member is in a parenting relationship referred to in section 8 with the candidate;
2° if a member has or has had the employer status of the candidate or has exercised or exercised an authority over the candidate on a professional basis.
The functioning of the advisory committees is determined by the National Chamber of Notaries.
The King sets uniform standards to which the notices that must relate to the ability and suitability of the candidate must be met.
Art. 39. § 1^er. The holder of a certificate of internship referred to in section 36, § 4, who wishes to become a candidate-notary must, as soon as he is due, apply to the position sent to the Minister of Justice within one month of the publication to the Belgian Monitor of the Royal Decree referred to in section 35, § 2, paragraph 2.
To be admissible, each application for a nominee-notary must contain the annexes determined by the King.
§ 2. Each candidate who meets the requirements of Article 35, § 3, 1 and 2°, shall be referred according to his or her linguistic role to one or other appointing commission referred to in Article 38, § 1^er.
Each appointing board shall assess the knowledge, maturity and practical abilities of candidates, required for the performance of the notarial function, and classify the most suitable candidates according to their abilities and abilities. The classification is based on a contest that includes a written test and an oral test and a review of the notices. Only candidates who have obtained at least 60% of the written test points are admitted to the oral test. The oral examination took place before the members of the appointing committee were able to hear the opinions. The candidate must have obtained at least 50% of the oral test points.
The written part and the oral part are taken into account in the same proportion for the final result of the contest.
The programme of written and oral examinations is prepared by the appointment commissions. It is approved by the Minister of Justice by ministerial decree published in the Belgian Monitor.
§ 3. In the seventy-five days from the publication to the Belgian Monitor of the royal decree referred to in Article 35, § 2, paragraph 2, the appointing commission shall summon the candidates admitted to the oral examination. At the same time, the appointing committee requests the Minister of Justice to collect written and motivated advice on these candidates from:
1° of the district attorney in which the candidate is domiciled, in order to verify whether he has incurred convictions or whether he is the subject of a criminal investigation;
2° of the notice committee of the notaries of the province in which the candidate practises or lastly exercised his or her professional activity in the notariat.
The proceedings that were called upon to render a notice must, within forty-five days of the application, transmit this notice in duplicate to the Minister of Justice. The notice committee shall simultaneously send a copy of its notice, by registered letter to the position, to the candidate concerned.
§ 4. Within twenty days of sending the copy, the candidate may transmit by registered letter to the position, his or her comments on that notice, simultaneously to the proceeding that rendered the notice and to the Minister of Justice.
§ 5. Within sixty days after the call to the candidates for the oral examination, the appointing committee shall prepare a provisional classification of the most suitable candidates based on the results obtained in the written and oral examinations.
The Minister of Justice shall send the notices required to the President of the appointing committee after it has passed the provisional classification.
The appointing committee may decide to rehearse the interested person who sent his comments, pursuant to § 4.
After reviewing the notices, the appointing board shall finalize the candidates and send the list of candidates classified for appointment to the Minister of Justice and a substantiated record signed by the president and the secretary of the appointing committee concerned. The appointing committee also includes the files of the classified candidates. The number of candidates classified cannot exceed the number of places of candidates-notaries to be filled, as reproduced in the royal decree that was published to the Belgian Monitor, in accordance with Article 35, § 2, with the appeal to the candidates for the contest of which it is.
§ 6. In the month of the transmission of the final list of candidates classified, the King appoints these candidates-notaries. These appointments are published to the Belgian Monitor.
§ 7. The aspirant who is not nominated candidate-notary may apply again the following years.
§ 8. Each candidate may, upon written request to the appointing committee, obtain within eight days only a copy of the portion of the record that concerns him or her and of the portion of the nomination.
Art. 40. Candidates are listed in the table referred to in section 77. The candidate-notary on this table is subject to the authority of the professional bodies of the notaries.
Art. 41. § 1^er. When a notary candidate no longer performs his or her primary professional activity in a notarial study for at least six months, the notary's board shall fail to register it in the table referred to in section 77. However, for serious reasons, the nominee may request the continuation of his or her registration in the table. The nominee is heard.
The decision of the notary's board is motivated and notified in the month to the candidate-notary. The latter may, within one month of the date of notification, lodge an appeal against this decision with the National Chamber of notaries, by registered letter to the position.
The steering committee referred to in section 92, § 1^er, hears the nominee and renders its decision within two months of the date of the introduction of the appeal. The reasoned decision shall be notified as soon as possible to the nominee and the relevant chamber.
§ 2. The candidate-notary who has terminated his principal professional activity in a notary study may apply to the notary's chamber for the omission of his registration in the table.
§ 3. A nominee who, pursuant to § 1^er or § 2, has been omitted from the table may at any time request its re-registration to the notary's chamber of the spring where it again exercises its principal professional activity in a notary study. An appeal against the refusal of re-registration may be brought to the National Chamber of notaries according to the rules laid down in § 1^er. »
Art. 23. Section 42 of the same Act, replaced by Royal Decree No. 213 of 13 December 1935, was deleted.
Art. 24. Sections 43 and 44 of the Act, repealed by the Act of 15 July 1849, were reinstated in the following wording:
“Art. 43. § 1^er. To be appointed a notary, the interested party must have been appointed a nominee. A nominee who applies for a vacant residence must, as soon as he is due, apply by registered letter to the Minister of Justice within one month of the publication to the Belgian Monitor of the notice referred to in section 32, paragraph 3. To this letter must be attached the annexes determined by the King.
§ 2. Before the appointment is made, the Minister of Justice shall, within forty-five days from the date of the publication to the Belgian Monitor of the notice referred to in section 32, paragraph 3, of the written reasons for the candidates:
1° to the procurator of the King of the borough in which the candidate is domiciled, in order to verify whether he has incurred convictions or whether he is the subject of a criminal investigation;
2° to the notice committee of the notaries of the province in which the candidate lastly exercises or exercised his or her professional activity in the notariat.
The proceedings that have been called upon to render a notice must, within noun days of the date of the publication to the Belgian Monitor, transmit such notices in duplicate to the Minister of Justice and a copy, by registered letter to the position, to the candidates concerned. A copy of the evidence of this recommended shipment is sent to the Minister of Justice.
Within a period of one hundred days from the date of such publication to the Belgian Monitor or no later than fifteen days from the date of notification of notice, candidates may submit, by registered letter to the position, their comments to the proceeding that rendered the notice and to the Minister of Justice.
Art. 44. § 1^er. The Minister of Justice shall, no later than 30 days after the expiry of the period referred to in section 43, paragraph 2, paragraph 3, transmit to the competent appointing board a nomination file for each candidate.
This appointment file includes:
1 the application and its annexes referred to in Article 43, § 1^er;
2° written notices.
§ 2. The appointing committee shall hear the candidates and then draw up a list of the three most suitable candidates. If the appointment board is required to render a notice of less than three candidates, the list is limited to the only one or two candidates.
The classification is based on criteria for the ability and suitability of candidates for the performance of the notary function.
§ 3. The classification is the subject of a substantiated record which is signed by the president and secretary of the appointment board. If a candidate is categorized first by unanimous vote, it is mentioned.
Within thirty days of the expiry of the period referred to in § 1^er, the chair of the appointment board sends the list of candidates classified and the minutes to the Minister of Justice and a copy of the list to the candidates classified. The King appoints the notary on the proposal of the Minister of Justice.
Any candidate who has not been appointed may, upon written request addressed to the appointing board, consult and obtain a copy only of the portion of the record that concerns him or her and the portion of the nominee.
§ 4. Members of an appointment board shall be held incommunicado. Article 458 of the Criminal Code applies to them. »
Art. 25. Under Part II of the Act, a section IIbis comprising sections 49bis to 49quater is inserted and read as follows:
Section IIbis. - Treatment of complaints relating to the functioning of notary education
Art. 49bis. § 1^er. The competent appointing board referred to in section 38 shall be aware of the complaints relating to the operation of the notarial studies and shall monitor them.
When dealing with these complaints, the appointing committee ensures the proper functioning of the notariat in relation to the total quality criterion.
§ 2. In order to be admissible, complaints must mention the complainant's identity and be signed and dated by him.
§ 3. Not treated:
1° complaints within the criminal or disciplinary jurisdiction of the courts;
2° Complaints relating to the content of a notarial act, if they are already subject to an ongoing judicial procedure;
3° the complaints that have already been dealt with and have no new elements;
4° the complaints that are manifestly unfounded.
The commission of appointment shall address to the Crown Prosecutor complaints that fall within the jurisdiction of the criminal courts.
§ 4. The competent appointing board in accordance with section 38 which examines the complaint, shall inform the complainant in writing of the follow-up to the complaint.
The decision not to process a complaint must be motivated and is not subject to appeal.
§ 5. Complaints handled by an appointing committee shall be brought by the appointing committee as soon as possible to the attention of the board of notaries of the jurisdiction in which the facts gave rise to the fullness. At the same time, without prejudice to the competence of the president of the notary's chamber, the appointing board shall communicate the complaint to the member(s) of the company against whom the complaint is directed or for whom the complaint is overwhelming.
§ 6. The member(s) of the company who has taken note of the complaint are entitled to make statements on this matter, orally or in writing, to the appointing committee. The latter may request additional information from these persons, and simultaneously inform the board of notaries of the company of which they are members.
§ 7. The appointment board may:
1° attempt to reconcile the views of the concerned;
2° inform the complainant when the conciliation attempt gives or cannot give any result;
3° make recommendations that can address the problem;
4° send to the relevant bodies and the Minister of Justice proposals to improve the functioning of the notariat.
§ 8. Appointment commissions regularly provide the Minister of Justice with a written report on the merits of the complaints and proposals for settlement.
Art. 49ter. When, in the course of his or her duties, the appointing board finds that a notary or notary candidate is lacking in the duties of his or her office or in his or her conduct impairs the dignity of the profession, it transmits this information to the competent disciplinary authorities by asking them to initiate disciplinary proceedings.
A copy of this information is transmitted simultaneously to the Minister of Justice. Disciplinary authorities inform the commission of their decision and motivation.
Art. 49quater. The appointing committees shall prepare opinions and proposals on matters relating to the general functioning of the notariat.
The notices and proposals of the boards of appointment are written and are forwarded to the National Chamber of Notaries, the Minister of Justice and the Legislative Chambers. »
Art. 26. The title of Section III of Title II of the Act is replaced by the following title:
"Notary companies."
Art. 27. Section 50 of the Act is replaced by the following provision:
"Art. 50. § 1^er. (a) The notary may practise his profession, alone or in association, in a professional society under the conditions and in accordance with the terms mentioned below. He remains, however, personally held the position of notary and is in solidarity with the company of the professional faults he commits, without prejudice to the company's appeal against the notary.
(b) The notary may practise his profession in association with one or more incumbent notaries, whose residence is located in the same judicial district. Article 5, § 1^er, second sentence, is applicable.
An association is also possible with one or more notary candidates in the table held by a notary chamber.
The partners may not practise their profession, in whole or in part, outside of society. Each partner has the title of associate notary.
(c) The companies referred to in this paragraph have the sole social purpose of exercising, in the form of association or not, the profession of notary. They may not possess any property other than those provided for in Article 55, § 1^er(a), first paragraph.
(d) Regardless of the form adopted, the provisions of the articles that follow in this section are applicable to the companies referred to in this paragraph.
§ 2. All other forms of association or society for the exercise of the profession of notary are prohibited.
§ 3. Companies referred to in § 1^er are civil societies that may adopt the form of a corporation or group, organized by law, with the exception of an anonymous or limited company.
§ 4. Without prejudice to the provisions of Article 52, the contract for the formation of a corporation or group referred to in § 3 shall be concluded, and any amendments to the contract adopted, subject to the suspensive condition of the approval by the notary's board.
The Notary Board examines the legality of the proposed contracts and their compatibility with the rules of ethics. Interested persons may appeal a negative decision of the notary's chamber to the National Chamber of Notaries.
Conventions concluded on a final basis or even executed in a tacit manner, without the approval of the notary's chamber, may be declared null and result in high discipline. »
Art. 28. Section 51 of the Act, repealed by the Act of 31 August 1891, was reinstated in the following wording:
“Art. 51. § 1^er. The company's constitutive contract contains the statutes and rules, among other things, the elements that make it social, the rights that each partner acquires and its share in the income, the terms and conditions of the withdrawal of a partner, the rights and duties of the former partners. In particular, the company's constitutive contract regulates the terms and conditions under which the non-permanent associate notary is, if any, compensated when he ceases his duties and the terms and conditions of compensation of the holder notary whose residence has become vacant as a result of the application of section 52, as well as the designation of the holder notary to be depositary of the directory referred to in § 6.
Is notary holder the person whose permanent place of residence is set out in the commission obtained from the King in accordance with Article 45.
§ 2. The name of the company is always followed by the mention: "associated notaries". In case the company has less than four partners, the company's name is made up of the names of all partners.
The company's headquarters is located at the residence of one of the incumbent notaries.
§ 3. The shares in the company may not be transferred between alive or transmitted because of death, only to a partner, to the successor of a partner or to a new partner. However, the consent of the other partners is required for the transfer or transfer of shares to a partner or new partner.
If the partner fails to consent, the partners are required to return the shares of their former partner by paying the compensation provided for in Article 55, § 3, b).
§ 4. Whatever the form of society adopted, each partner has a voice. Unanimity is required for any modification to the contract referred to in § 1^er.
§ 5. The associate notaries each use a particular seal bearing their name and associated notary, the seat of the society and, according to a uniform model established by the King, the weapons of the Kingdom.
By derogation from the provisions of Article 21, each of the associate notaries has the right to issue large and shipments of acts received by other partners or held by them.
§ 6. The acts received by an associate notary are listed in a single directory on behalf of the company. This directory is held, with the acts registered therein, by the holder notary designated in the contract referred to in § 1^er.
In the event that the notary ceases to be associated, or in the event of dissolution of the corporation, these acts and directories are transmitted as quickly as possible to another notary in the corporation or, if not, to the newly appointed notary. This transmission is immediately brought to the attention of the King's Prosecutor.
In the event of dissolution of the corporation, its accounting shall be entrusted to the same registered notary in accordance with the preceding paragraphs.
§ 7. Associate notaries may not receive acts in which one of them, their spouse or their parents or allies, directly at all levels, and on-line collateral to the third degree inclusive, are parties, or contain any provision in favour of them.
This provision does not apply to the minutes of the general meetings of shareholders or bondholders of a capital corporation, a limited liability private corporation or a cooperative corporation, unless one of the partners, spouse, parent or ally of the prohibited degree is a member of the office, administrator, manager, curator or liquidator of the corporation. »
Art. 29. Section 52 of the Act is replaced by the following provision:
"Art. 52. § 1^er. The notary who wishes to practise his profession with one or more notaries of different residence must, in advance, be authorized to do so by the Minister of Justice to move his study to the residence of one of them for the duration of that association.
The application for this purpose is addressed jointly by the notaries concerned and, where appropriate, other associates to the Minister of Justice.
The Minister of Justice seeks the reasoned opinion of the notary's board regarding the impact on the service network offered by the function. The notice must be sent to him within three months. The ministerial order authorizing the movement of the study is published by extract to the Belgian Monitor.
The notary must not take an oath again, but shall deposit, as soon as possible, his signature and his paraphe to the secretariat of the commune, where the company has its seat.
By derogation from Article 6, 2°, the notary who has been authorized to move his or her study may no longer have his or her study or an office instead of his or her residence.
The authorization shall end as soon as the person concerned ceases to be a member of the association. She must notify the notary's chamber as soon as possible. The board informs the Minister of Justice. The end of the study's displacement is the subject of a notice published in the Belgian Monitor.
The authorization does not result in the transfer of the residence set out in the commission, as long as the notary concerned has not been a member of the association for five years. By the expiry of the above-mentioned period, the authorization implies the transfer of the said residence to the municipality where the company has its seat. In this commune, it is considered to be an overcrowding residence that the individual, if he leaves the association, can reintegrate. This transfer of rights automatically leads to the creation of a residence in the municipality from which the transfer was made. This paragraph is not applicable where the association takes place between notaries whose residence is located in the same municipality.
§ 2. The application for association with a candidate-notary for the exercise of the profession is addressed to the Minister of Justice, jointly by the notary or notary and the candidate-notary. At this request is attached the contract referred to in Article 50, § 4, and approved by the notary chamber.
Regardless of the form of a society adopted, the candidate-notary may only bring his industry. In this case, the contract regulates the rights it obtains in social possession and income.
To the extent that the conditions provided by law are met, the Minister of Justice approves the association and affects the candidate-notary within the professional association concerned as an associate notary. This assignment is published by a notice to the Belgian Monitor.
Before taking office, the nominee shall comply with the provisions of sections 47, 48 and 49 unless he or she has already performed the notarial function in the borough or has already completed these formalities in the borough.
As long as he remains associated with the company in which he was assigned, the nominee has the same powers, the same rights and duties as the incumbent notary.
As long as it remains associated, the licensee's notary may not state its status as a licensee.
As soon as the non-permanent associate notary ceases to be a member of the association, the association must notify the notaries' chamber of the province in which it has its seat. The notary's chamber shall promptly inform the Minister of Justice. The end of the assignment as an associate notary in the relevant professional society is the subject of a notice published in the Belgian Monitor by the Minister of Justice.
§ 3. At the joint request of all the partners, it may be terminated by ministerial decree, which is published by extract to the Belgian Monitor.
In this case, the incumbent notary continues to exercise his or her function, but as an individual.
The notary associate non-holder no longer performs the notary function. He takes the title of candidate-notary. »
Art. 30. Section 53 of the Act, as amended by the Act of 9 April 1980, is replaced by the following provision:
“Art. 53. § 1^er. One or more associates may, if any by derogation from sections 190ter and l90quater of the Commercial Corporations Acts, contacted on November 30, 1935, request that an associate who seriously contravenes his or her obligations to the corporation or cause a significant disturbance to his or her operation yield his or her shares to the applicant(s).
The action is filed by summons and brought before the civil court. The court seeks the advice of the notary's chamber.
The court may award the defendant to surrender its shares to the applicant(s) within the time it determines from the meaning of the judgment, and the applicant(s) to return the shares for payment of the compensation it fixes.
The court decision is enforceable by provision, notwithstanding opposition or appeal.
§ 2. The death, acceptance of the resignation or dismissal of a registered notary does not end the corporation.
The place is vacant. Candidates in this place receive a copy of the contract referred to in Article 51, § 1^er. The newly appointed notary is a full-law partner.
The acceptance of the resignation or dismissal of a holder's notary shall in full right lead to the loss of his or her status as a partner. The exercise of rights related to its shares is suspended.
The non-permanent associate notary continues to perform the notarial function. If he or she is not appointed a holder, he or she shall act in association with the new holder, as soon as the new holder has been sworn.
§ 3. The death, acceptance of the resignation or dismissal of a non-permanent associate notary does not end the corporation.
The acceptance of his resignation or his dismissal leads to the loss of his status as a partner. The exercise of rights related to its shares is suspended.
The representative parts of its industry input are cancelled.
He no longer performs the notary function. Except in the event of a dismissal, he returns the title of candidate-notary.
§ 4. (a) The corporation may be dissolved by unanimous decision of the partners, who apply to the Minister of Justice for this purpose. In this case, the incumbent notary continues to perform the function, but as an individual.
(b) At the request of one or more associates, the Crown Prosecutor or the Chamber of the notaries concerned, the civil court may declare the dissolution of the corporation on merits or if the public interest so requires.
The court shall, as the case may be, seek the advice of the notary or the Crown Prosecutor's Chamber, or both of these proceedings.
Instead of disbanding the corporation, the court may, if applicable, order the exclusion of one or more partners.
In all cases, the court determines the compensations to which certain partners are held or may claim.
In the event of judicial dissolution, the incumbent notary continues to exercise the position, but as an individual, unless the court has pronounced its dismissal.
(c) The company is dissolved in full right in the event of the exclusion of the partner who is the sole owner or in the event of the removal of the residence of the sole owner.
(d) In all cases of dissolution of the company, the notary associate non-holder no longer performs the notary function. He takes the title of candidate-notary.
(e) Where applicable, the Registrar shall inform the Minister of Justice of the judicial dissolution or exclusion provided for in (b). In all cases of dissolution of an association or exclusion, the Minister of Justice shall give notice by extract published to the Belgian Monitor. »
Art. 31. Section IV, title II, is replaced by the following title:
"From the transmission of minutes and other elements of the notary study."
Art. 32. Sections 54 to 56 of the Act are replaced by the following provisions:
“Art. 54. Minutes and directories, large and expeditions, as well as wills olographs and other deposits of trust of a substitute notary, shall be returned without compensation, by him or his heirs, to the notary appointed as replacement, in the month after his oath performance.
The notary appointed as a replacement shall be entitled to the judicial missions of his predecessor, without prejudice to the right of the court to appoint another notary at the request of a party concerned or the Crown Prosecutor.
As long as the documents referred to in paragraph 1 have been written or confiscated during the association, such surrender shall be made by the associate notary who would cease his or her duties for any reason or by his or her heirs, to the registered notary in accordance with Article 51, § 1^erin the month of termination of office or death.
Art. 55. § 1^er. (a) Must be returned to the notary appointed as replacement within the period provided for in article 54, paragraph 1, for compensation, all tangible and intangible furniture related to the organization of the study and the fees payable for shipments and performance fees.
Excluded from the handover is the liability that is not derived from the employment contracts, and does not result from leases or contracts of supply in progress.
(b) When the items subject to the remission provided for in littera (a) are listed in the heritage of a corporation referred to in Article 50, § 1^er, b), this discount is in the form of disposal of the shares of the company.
Prior to this assignment, the partners withdraw their reserves and clear the excluded liabilities of the rebate, as provided for in littera a). The assignor remains responsible for the total discharge of this liability to the assignee.
§ 2. In addition, the non-permanent associate notary who ceases his or her duties, or his or her heirs, must assign within the time limit provided for in article 54, first paragraph, for compensation, all his or her rights in the tangible and intangible elements dependent on the study. This rebate shall be carried out in the form of transfer of its shares in the company, unless these shares have been awarded in compensation for an industrial contribution and taking into account the provisions of Article 51, § 3.
§ 3. (a) The amount of compensation provided in § 1^er, a), is equal to twice and a half the average income, indexed and possibly corrected, of the last five years of the study.
(b) In the event of an association, the amount of the allowance is equal to two and a half times the share of the notary associated with the income of the study referred to in (a), as determined by the company contract.
(c) The King shall establish the rules for calculating and indexing the average income of the study referred to in (a) and (b), as well as the criteria for possible downward adjustment for economic or fair reasons, inter alia, when the rebate occurs in the form of a share assignment, as provided in § 1^er(b). The amount of the recovery allowance is determined in a report prepared by a business reviewer or an external auditor, designated by the National Notary Chamber. This reviewer or accountant may not have previously exercised any mandate in the notary study. The reviewer or designated accountant describes all elements of the notarial study to be resumed.
(d) The Minister of Justice sets out the terms and conditions for the communication to the nominees of the amount of the allowance referred to in (a). This communication shall take place in any case, at least twenty-one days before the expiry of the period provided for in Article 43, § 1^er.
Art. 56. When a notary place is abolished, the holder or heirs of the notary shall, within a period of two months from the date of publication to the Belgian Monitor of the deletion, give the documents referred to in article 54, paragraph 1, to a notary having his residence in the same district, after having collected the notice of the notary's chamber. »
Art. 33. In section 57 of the Act, as amended by the Act of 9 April 1980, the following amendments are made:
(a) in paragraph 1, between the words "delivered" and "the prosecutor" are inserted the following words: "as well as when the designation referred to in Article 51, § 6, second paragraph, has not been made,"
(b) in paragraph 2, the words "Articles 55 and 56" are replaced by the words "Articles 54 and 56".
Art. 34. In section 58 of the Act, the words "disciplinary chamber" are replaced by the words "Notary chamber".
Art. 35. Section 59 of the Act is repealed.
Art. 36. In section 61 of the Act, the term "immediately" is deleted, the words "until one" are replaced by the words "unless than one", and the words "president of the court" are replaced by the words "judge of peace".
Art. 37. Section 62 of the Act, replaced by the Act of 5 July 1963, is replaced by the following:
"The holders of minutes, tables and directories of notarial acts dating to at least fifty years may deposit them in the archives of the Kingdom in the province or administrative district where their jurisdiction is located. These documents must be filed if they are more than seventy-five years old, except as provided by the general archive of the Kingdom on a reasoned request.
These documents may be freely consulted after a hundred years, unless previously authorized by the Minister of Justice or his or her delegate.
Minutes, tables and directories of notarial acts deposited in the archives of the Kingdom are placed under the control of the general archive of the Kingdom.
At the time of the deposit, it is drawn up, in two copies, signed by the depositor notary and the general archive of the Kingdom, an inventory of the minutes deposited. One of these copies is given to the notary as a receipt. »
Art. 38. Under Part II of the Act, a section V, comprising sections 63 to 67, is replaced as follows:
"Section V. - De la suppléance
Art. 63. Where a notary or associate notary is temporarily prevented from performing his or her duties or where a place is vacant, the notary functions may be performed by an alternate.
Art. 64. § 1^er. The alternate is chosen from the nominees and notaries.
§ 2. On a unilateral request signed by the notary and the candidate for the plea, the president of the Court of First Instance of the district in which the notary has his residence, designates the alternate. This designation is valid for the term determined by the President, after soliciting the advice of the King's Prosecutor and the notary's Chamber, although this period may not exceed two years. This period may be renewed by a specific decision and without the total duration of the designation exceeding four years.
Before the application for designation is filed, the notary shall submit to the notary's board for approval the text of the agreement to intervene with the applicant for the relief of the distribution of the profits and expenses of the exercise of the profession. The notary's board may make certain changes to its approval.
§ 3. In the absence of an application as referred to in § 2, and in the event of a vacancy, the president of the Court of First Instance of the district in which the notary has his residence, may designate an alternate at the request of the Crown Prosecutor or the Chamber of notaries. Depending on the case, the notice of the Crown Prosecutor or the notary's Chamber is required.
In these cases, the President of the Court of First Instance shall determine the remuneration of the substitute, after seeking the advice of the board of notaries.
Art. 65. § 1^er. Before performing its duties, the alternate shall comply with the provisions of sections 47, 48 and 49, unless it is already notified in office in the borough or has already completed these formalities in the borough.
§ 2. The alternate bears the title of an alternate notary. In the acts that he receives, he must mention the title, the order or judgment that designates him, and the name, common name and residence of the notary that he replaces.
It is subject to the prohibitions provided for in articles 8, 9 and 10, both in the head of the notary begged and in his own leader.
He registers his acts on the repertoire of the notary, and continues his protocol and accounting.
He has the right to issue large and shipments of acts received by the notary or detained by him. He uses the seal of the begged notary.
§ 3. The accounts and assets of which the notary had the management through the exercise of his profession are administered by the substitute.
The warrants of justice for which the notary was invested shall be carried out in full law and without new designation by the deputy.
The president of the court may, however, at the request of the most diligent party and if there are substantial grounds, appoint another notary to continue the exercise of a warrant of justice or to administer an account or a determined asset.
The alternate is responsible to third parties for the professional faults he commits.
During the period of the plea, the begged notary may no longer perform his duties.
Art. 66. The alternate is subject to all the obligations of the notary function.
Art. 67. The plea is terminated by the expiry of the term or by an order of the President of the Court of First Instance, at the request of the deputy or the notary, of the Crown Prosecutor or the Chamber of Notaries.
If this is a request, it must be signed by the applicant.
The order shall be served on the applicant's request to the alternate whose functions shall then be terminated in full law.
In the event of acceptance of the resignation, death, suspension, preventive suspension or dismissal of the pleaded notary, the substitute shall remain in office until the successor is sworn, the termination of the suspension or preventive suspension, the removal of the place or the order of the chair of the court ending the plea. »
Art. 39. Title III of the Act, amended by the Act of 23 September 1985, the "General Provisions" of the Act, including section 68, as amended by Royal Decree No. 213 of 13 December 1935, and section 69 are replaced by the following provisions:
"ITTRE III. - Professional organization
Section I^re. - Notary companies
Art. 68. A notary company is established in the head of each province. The company members are:
1° notaries who have their residence in the province are associated with a notary whose residence is established in the province or designated alternates of a notary whose residence is established in the province;
2° the candidates-notaries listed in the company's table.
The notary company is a public institution.
Art. 69. The general assembly of the company of notaries has the following powers:
1° to elect a chamber of notaries among its members;
2° to establish the rules relating to notary practice.
In the exercise of this jurisdiction, companies may not prejudice that of the National Chamber of notaries. Decisions are binding only after approval by the King, who can always make amendments to them;
3° to establish its rules of order;
4° to fix each year the budget and approve the accounts submitted to it by the notary's chamber;
5° to establish each year the dependant contribution of the company members and to distribute it among them;
6° to elect the company's representatives to the National Chamber of notaries and their substitutes, in accordance with Article 92, § 2.
Art. 70. The company's general assemblies are held in an appropriate location, located within the company's jurisdiction.
Every year there are two general assemblies, one in May and the other in November. Extraordinary meetings may be held when the notary's chamber considers it appropriate, or on the reasoned request addressed to the notary's chamber by at least the fifth of the company's members.
The General Meetings shall be convened by a missive letter containing the agenda, signed by the President or by the Secretary of the Notary's Chamber, and sent at least fifteen days before the meeting.
Art. 71. The president and the secretary of the notary's chamber perform the same duties at the general assembly.
Art. 72. All members of the general assembly of each company have a deliberate voice.
Art. 73. It can only be decided in a general meeting if at least two thirds of the members are present and if more than half of the members present express a favourable vote.
If this presence quorum is not reached, a second general assembly will be convened after at least 15 days and may make decisions regardless of the number of members present.
Notwithstanding the provisions of the preceding paragraph, the rules referred to in article 69, 2°, may only be adopted if half of the members express, by secret ballot, a favourable vote.
These rules are communicated to the members of the company by circular letter in the month following their approval by the King and thus become mandatory.
Art. 74. The role of the annual contribution referred to in section 69, 5°, is, if any, made enforceable by the president of the court of first instance of the provincial capital, after seeking the advice of the Crown prosecutor.
Any member of the company concerned may appeal for forced recovery from the court of appeal.
Art. 75. The General Assembly of November sets out the company's budget for the following calendar year, as well as the dependant contribution of its members.
The May General Meeting examines and approves the company's accounts for the previous calendar year. It shall elect the members of the board of notaries referred to in section 78 and, if purchased, shall elect the representatives of the company to the National Chamber of notaries and their substitutes. »
Art. 40. In Title III of the same Act, as replaced by this Act, a section II of which includes sections 76 and 77:
"Section II. - Rooms of notaries
Sub-section 1^re. - Attributions
Art. 76. In addition to those entrusted to it by the other provisions of this Act, the board of notaries shall be responsible for:
2° to require, where applicable, the precautionary measure provided for in Article 112, § 2;
3° to prevent or reconcile any professional disputes between members of the company, including those relating to communications, remittances, deposits and retention of documents, funds and other objects, on matters relating to the custody of minutes, examination or intervention in the acts and operations of their profession, the right to fees and the sharing of them. In the event of non-conciliation and at the request of one of the members in question, to hear the persons concerned and to render an opinion, except with respect to civil rights;
4° to prevent or reconcile any complaints and claims by third parties against members of the company in the course of the exercise of their profession;
5° to ensure the control of the accounting of notaries, without prejudice to the King's right of look at their accounting;
6° to give, as a third party, its opinion on the difficulties concerning the payment of fees and the diligence of its members;
7° to receive in deposit the statements of minutes depending on the places of notaries deleted; to determine the terms of the handover to the notaries concerned of all tangible and intangible elements dependent on a deleted place;
8° to represent the company in respect of the rights and common interests of its members in respect of any power and institution, both in court and in all public and private acts;
9° ensure the administration of the company and manage its heritage;
10° to execute the decisions of the general assembly of the company and to inform it of the exercise of its powers.
Art. 77. The notary board shall maintain a table for each of the categories of members of the company referred to in section 68.
Each change in the table is communicated within fifteen days to the National Chamber of Notaries. The court advises the Minister of Justice within fifteen days. »
Art. 41. It is inserted in the same Act under heading III, section II, a new subsection 3, section III and section IV, including sections 86 to 94:
"Subsection 3. - Notice procedure
Art. 86. In case of disputes between members of the company who are brought before the notary's chamber, the members concerned are either invited by the secretary by means of a missive letter, for a friendly settlement, or summoned directly by the trustee by registered letter to the post.
A summoned member has the right to challenge a member of the notary's chamber in accordance with the rules set out in section 101.
Art. 87. The rapporteur collects all the useful information and the notary's chamber makes its decision by a simple majority, after hearing it. The rapporteur and the syndic do not participate in deliberation or voting.
Art. 88. The decision is motivated, recorded in the register and signed by the president and the secretary. It mentions the names of the members present.
The decision is not enforceable to persons who have not been parties to the notice procedure.
Within eight days, the notice is communicated to the interested parties by means of a missive letter signed by the secretary.
Art. 89. Where a notice is requested to the notary's chamber other than in the circumstances set out in section 86, it shall be done as provided for in sections 87 and 88.
Section III. - The National Chamber of Notaries
Art. 90. The National Chamber of Notaries is a public institution with its headquarters in Brussels.
Art. 91. In addition to those entrusted to it by the other provisions of this Act, the National Chamber of Notaries shall be responsible for:
1° to establish the general rules of ethics and to define a general regulatory framework for the exercise of the competences of the notaries' companies, referred to in article 69, 2 and 5°, and the competences of the notaries' chambers, referred to in article 76, 3° and 5°;
2° to take all measures to meet, within the limits and conditions it determines, the obligations resulting from the professional responsibility of notaries;
3° to give the notary chambers the necessary or useful recommendations to respect discipline;
4° to reconcile all disputes under Article 76, 3°, between members of different companies; in the event of non-conciliation and at the request of one of the members in question, to hear the persons concerned and to render an opinion, except with respect to civil rights;
5° to establish the general rules relating to:
- the provision of the internship;
- the mode and keeping of accounting;
6° to approve each year its accounts and budget and to determine each year the participation of each company of notaries in its operating expenses;
7° to determine, on appeal, the terms and conditions of the handover to interested notaries of all tangible and intangible items dependent on a deleted place;
8° to issue, on initiative or upon request, to any public authorities or private persons, any notice on any general matters relating to the exercise of the notaria profession;
9° to represent, within the limits of its powers, all members of the companies of the notaries of the Kingdom in respect of any power and institution;
10° to act in court, as a plaintiff or defendant, in all matters of interest to the notary profession as a whole;
11° to establish its rules of order.
To be mandatory, the rules referred to in the first paragraph, 1° and 5° and the measures referred to in the first paragraph, 2°, shall be approved by the King. It may, if any, make amendments thereto.
If the National Chamber of notaries fails to establish the rules or measures referred to in the second paragraph, the King is entitled to take the initiative itself.
Art. 92. § 1^er. The bodies of the National Chamber of Notaries are:
1st General Assembly;
2nd the steering committee.
§ 2. The General Assembly of the National Chamber of notaries is composed of representatives of the companies or, in their absence, of their substitutes. They are elected by the general assembly of the company, among its members who have been a notarial member for at least ten years.
Each company is entitled to a representative by a slice of thirty notaries.
The term of office of representative and alternate is five years, not renewable. Representatives and alternates are renewed each year, by fifth, with any fraction neglected.
A representative or alternate elected to replace a representative or alternate in the course of a term of office shall terminate the term of his predecessor but shall not be re-elected immediately.
The General Assembly of the National Chamber of Notaries shall make its decisions by a two-thirds majority of the votes cast.
§ 3. The steering committee of the National Chamber shall be composed of a president, a vice-president, a secretary, a treasurer, and two rapporteurs, all elected by the general assembly within it, for a term of not more than three years, without the term of office referred to in § 2, third paragraph.
The president and vice-president, secretary and treasurer, and each of the two rapporteurs, must belong to different language groups.
The members of the steering committee are from the five points of appeal; at least three members of the steering committee have their residence in a judicial district that does not house a court of appeal.
§ 4. The steering committee is competent to prepare the tasks of the National Chamber of Notaries and to carry out the tasks entrusted to it by the National Chamber of Notaries.
For the exercise of the powers set out in section 91, paragraph 1, 9 and 10, the National Chamber of notaries shall be represented by the President or by the member of the steering committee that he or she shall delegate to that end.
The steering committee shall execute the decisions of the general assembly and inform the exercise of its duties.
Section IV. - Cancellations and appeals
Art. 93. The decisions taken by a company in accordance with Article 69, 2°, shall be communicated, in the month of their date, to the National Chamber of notaries.
The National Notary Chamber may cancel these decisions within three months of their communication; the cancellation period is suspensive. They are submitted to the King only after the expiry of this period.
The subsequent decisions taken by the National Chamber of notaries and which do not expressly revoke the previous regulations made by the companies, only cancel decisions that are incompatible with or contrary to the new decisions.
Art. 94. The decisions of the companies, which establish any contribution, distribution or participation in the fees, are sent in the month to the National Chamber of Notaries. »
Art. 42. It is inserted, under heading IV, section IV, in the same Act, an article 113, as follows:
"Art. 113. Section 262 of the Criminal Code is applicable to the notary subject to a preventive suspension measure. »
Art. 43. The same law is supplemented by a title V entitled:
"General provisions."
Art. 44. Sections 114 to 117 of Part V of the Act are inserted as follows:
"Art. 114. Any act established contrary to the provisions of articles 6, 3 and 4, 8, 9, § 2, paragraph 1^er10.12, paragraph 2, 14, 20 and 51, § 7, is void if it has not been signed by all parties. When the act is taken from the signature of all the contracting parties, it will only be written in private form without prejudice to the damages that must be paid in both cases, if any, by the notary who has not complied with the aforementioned provisions.
Art. 115. The time limits referred to in this Act are calculated in accordance with sections 52, 53 and 54 of the Judicial Code.
Art. 116. The King determines the rules of the organization and operation of the National Chamber of Notaries.
Art. 117. § 1^er. A fund, referred to as the "notarial fund", is created in the National Chamber of Notaries in the form of a separate moral perineum. The King organizes the control of this fund and may appoint one or more government commissioners for this purpose.
§ 2. At the conclusion of an act of sale in respect of a first family home with a reduced registration fee of 6%, a decrease of 10,000 francs on the notary's fees is granted to persons who, in order to carry out this acquisition, use the financing for at least 50% of the value, by a mortgage credit or an opening of credit for which they may benefit from a reduction of half the fees of the notary for the royal passation of that judgment
§ 3. The notary who shall grant the reduction of his fee under § 2 shall receive that amount from the notarial fund.
§ 4. The notarial fund is fed by a 1.5 per cent contribution calculated on the taxable net income of all notaries. The King determines the method of calculating to obtain associations of notaries an equivalent contribution.
If the proceeds of this notarial fund were to be insufficient, the King may, by order deliberately in the Council of Ministers, and only to supplement the income of the fund, decide to raise the fees of notaries for the transfer of property sales worth more than 10 million francs.
If it finds that the notarial fund has means to deal with claims for more than one year, the National Notary Chamber may request the Minister of Justice to temporarily reduce the percentage of the contribution. The Minister of Justice ensures that the reduction is terminated in a timely manner to prevent the notarial fund from presenting a negative balance.
Where applicable, a forced recovery may be carried out in accordance with the procedure provided for in article 74. »
CHAPTER II. - Amendments to the Judicial Code
Art. 45. A) Section 571 of the Judicial Code is replaced by the following provision:
"The court of first instance has disciplinary actions suspended, dismissed and sentenced to fines against judicial officers.
In accordance with sections 107 and 110 of the law of 25 ventôse an XI, containing the organization of the notarial, he is aware in the level of appeal of the appeals against the decisions of the notary's board that impose a sentence of internal discipline and, in the first instance, pronounces high discipline sentences with respect to notaries. »
B) Section 594, 13°, of the Judicial Code is repealed.
(C) Sections 610 and 1088 of the Judicial Code are amended as follows: the words "public and" are inserted between the words "officers" and "ministerial".
CHAPTER III. - Amendments to the Civil Code
Art. 46. Sections 974 and 975 of the Civil Code, replaced by the Act of 16 December 1922, are repealed.
Art. 47. It is inserted in the Civil Code an article 2276 which reads as follows:
"Art. 2276quinquies. The limitation periods of common law are applicable to the professional liability of notaries, with the exception of professional liability due to provisions due to death and contractual institutions for which the limitation period begins to run only on the day of the death of the person who has made provisions because of death or contractual institutions. »
PART III. - Abrogatory provision
Art. 48. Are repealed:
1° the Royal Decree of 18 March 1987 establishing the new text of the Order of 2 nivôse an XII, (24 December 1803) concerning the establishment and organization of the chambers of notaries;
2° the Act of 7 September 1939 concerning the suppleance of notaries in times of war, as amended by the Decree-Law of 15 March 1945;
3° the Royal Decree of 11 May 1836 fixing the number of members of the Disciplinary Chamber of the Ghent district;
4° the royal decree of 24 February 1860 fixing the number of members of the disciplinary chamber of the notaries of the district of Brussels;
5° the royal decree of 5 May 1908 concerning the fixation of the number of trustees for the chamber of notaries of the district of Liège.
PART IV. - Transitional provisions
Art. 49. For professional liability due to provisions due to death and contractual institutions, the time limit, established by article 2276quinquies of the Civil Code, runs only from the coming into force of this Act, when the generator event is prior to it.
Art. 50. Notaries who, at the entry into force of this Act, have attained the age of sixty-four years, may continue to serve for three years from the date of this entry into force. They are resigned one year before the expiry of this maximum period. They may continue to perform their duties until the swearing-in of their successor or the notification of the Royal Decree deleting their place. In addition, notaries who have been appointed prior to the coming into force of this Act and who, at the age of 67, do not total 30 years of office, may continue to perform their activities until they have 30 years of office. They will in any case be required to cease their activities as soon as they reach the age of 75.
Art. 51. Notariat Licensees who, on the date of the full entry into force of this Act, have completed their internship time, may obtain an internship certificate. The application must be submitted to the National Notary Chamber no later than six months after that date. This application must be accompanied by the rationale for the internship period.
Art. 52. By derogation from Article 35, § 2, paragraph 1^er, of the law of 25 ventôse an XI containing organization of the notariat, the total number for the first contest cannot exceed 115, and for the following two contests, 80.
Art. 53. The members of the notary's chambers in office at the time of the coming into force of this Act shall remain so until the first general assembly of the company established under this Act and of which they are part. The Chambers are then entirely renewed, without having to be taken into account in these elections of the prescribed section 80, second, third and fourth paragraphs of the law of 25 ventôse an XI containing organization of the notariat.
Art. 54. At the first installation of the appointing boards referred to in section 38 of the Act of 25 ventôse an XI containing organization of the notariat, the terms reserved for non-holder associate notaries may be assigned to a holder notary who is not associated for a period of two years.
At the first installation of the notice committees referred to in section 38bis of the Act, a notarial Licensee who has completed his internship may be appointed instead of a nominee.
Art. 55. For the purposes of section 80, paragraph 1, of the same Act, the first two renewals will be marked by the fate, the others by the seniority of appointment.
For the purposes of Article 92, § 2, third paragraph, of the same Law, the first renewals will be marked by lot.
Art. 56. All property, rights and obligations of the notary's chambers are transferred to the notaries' companies of their jurisdiction, without charge or fees.
PART V. - Interpretive and final provisions
Art. 57. In all laws and regulations where the words "disciplinary chamber" are used in respect of notaries, these words must be agreed in the sense of "notary chamber" created by this Act.
Art. 58. The provisions of this Act come into force on the date fixed by the King. This Act shall enter into full force no later than 1^er January 2000.
For places declared vacant to the Belgian Monitor before 3 May 1999, the appointment may still be made on the basis of the provisions in force before approval of this Act.
For the period from the date of entry into force of this Act and up to one month after the appointment of the nominees, winners of the first contest, the honorary notaries may be designated as substitutes, by derogation from Article 64, § 1^erof the law of 25 ventôse an XI containing organisation of the notariat.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 4 May 1999.
ALBERT
By the King:
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
_______
Note
(1) Regular session 1997-1998.
House of Representatives:
Parliamentary documents. - Bill No. 1432/1 of 20 February 1998. - Amendments, n^bones 1432/2 to 1432/11.
Regular session 1998-1999.
House of Representatives:
Parliamentary documents. - Amendments, n^bones 1432/12 to 1432/18. Report, No. 1432/19 of 5 February 1999 by Mr. Landuyt and Mr. Barzin. - Text adopted by the commission, no. 1432/20. - Amendments, n^bones 1432/21 and 1432/22. - Supplementary report, No. 1432/23 of 10 February 1999 by Mr. Landuyt and Mr. Barzin. - Text adopted by the commission, no. 1432/24. - Amendments, No. 1432/25. - Text adopted in plenary and transmitted to the Senate, No. 1432/26.
Annales parliamentarians. - Discussion and adoption. Sessions of 10 and 11 February 1999.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-1276/1 of 12 February 1999. - Amendments, no. 1-1276/2. - Report, no. 1-1276/3 of 24 March 1999 by MM. Goris and Vandenberghe. - Text adopted by the commission, no. 1-1276/4. - Amendments, n^bones 1-1276/5 to 1-1276/7. - Text adopted by the Committee after the referral by the plenary session, No. 1-1276/8. - Text amended by the Senate and referred to the House of Representatives, No. 1-1276/9.
Annales parliamentarians. - Discussion and adoption. Session of 1^er April 1999.
House of Representatives:
Parliamentary documents. - Draft amended by the Senate, No. 1432/27 of 2 April 1999. - Amendments, No. 1432/28. Report No. 1432/29 of 26 April 1999 by Mr. Landuyt and Mr. Barzin. - Text adopted by the commission, No. 1432/30. - Amendment, No. 1432/31. - Text adopted in plenary and subject to Royal Assent, No. 1432/32.
Annales parliamentarians. - Discussion and adoption. Sessions of 27 and 28 April 1999.