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4 MAI 1999. - Act supplementing the law of 25 ventôse an XI, containing organisation of the notariat, by articles 38, § 5, 76, 1°, 78 to 85 and 95 to 112 (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 77 of the Constitution.
Art. 2. In article 38, § 5, of the law of 25 ventôse an XI, restored by the law of 4 May 1999, a new third paragraph is inserted, as follows:
"The other effective members and their substitutes are alternately designated by the House of Representatives and by the Senate by a two-thirds majority of the votes cast. »
PART II. - Provisions supplementing the law
of 25 ventôse an XI containing organization of notariat
Art. 3. In section 76 of the law of 25 ventôse an XI containing organisation of the notariat, inserted by the law of 4 May 1999, a 1° is inserted, as follows:
"1° to maintain discipline between the members of the company and to impose all penalties of internal discipline; »
Art. 4. In the same Act, as amended by the Act of 4 May 1999, it is inserted under heading III, section II, a subsection 2 comprising sections 78 to 85, as follows:
"Subsection 2. - Organization - Representation
Art. 78. The members of the company elect, by secret ballot, among the members who have held the position of notary for at least ten years, the president of the notary's chamber, and among all the members of the company, the other members of the notary's chamber.
The number of members of a room, including the president, is set at seven when the number of notaries holding the spring does not exceed fifty, to nine when the number exceeds fifty but not one hundred and fifty, to twelve beyond one hundred and fifty.
Art. 79. § 1^er. The President shall be elected by an absolute majority of votes cast by all members present in the company for a period of one year. If after three ballots, no candidate obtained the required majority, a fourth decisive ballot is held between the two candidates who obtained the largest number of votes in the third round. The candidate who obtains the largest number of votes in this fourth ballot is elected. If the vote is divided, the youngest candidate is elected.
§ 2. The notary's room must have at least one member from each judicial district of the company.
For each ballot, ballots shall include the names of eligible members of the company. The candidates are presented in alphabetical order. To vote validly, each elector must issue, in each ballot, as many votes as there are warrants to be given.
Candidates who obtained the absolute majority of the votes cast shall be elected without prejudice to the first paragraph.
If, in a first ballot, the absolute majority was not obtained for all the warrants to be conferred, a second ballot shall be conducted according to the same rules, for the remaining mandates to be conferred.
If, after the second ballot, all mandates have not yet been conferred, a third ballot is taken. For this balloting ballot, taking into account the first paragraph, only non-elected candidates who obtained the most votes in the second ballot. The number of candidates is limited to double the number of mandates remaining to be conferred. During this ballot, the candidates who obtained the most votes shall be elected. In case of parity of votes, the youngest is elected.
Art. 80. Members of the notary's chamber will be renewed each year, per third if the number of members is divisible by three, and by fractions approaching more than one third when that is not the case. The president is not considered for this calculation.
No member may remain in office for more than three consecutive years, not including a possible term as president.
A member of the notary's chamber who was elected to replace a deceased member, resigned or deposed, completes the term of office of the member, but is not immediately re-elected. Any outgoing member is eligible for re-election as soon as one year has elapsed since his or her discharge.
In no case can the President remain in office for more than three consecutive years.
Art. 81. Within fifteen days of the general assembly of the company held in May, the members of the notary's chamber elect in their midst, the syndic, the rapporteur, the secretary and the treasurer, who come into office immediately.
When the number of members of the notary's chamber is nine or twelve, it may elect a vice-president, a second syndic and a second rapporteur. These special appointments are renewed each year. Re-election is allowed.
Art. 82. The functions within the notary's chamber are as follows:
1° The president summons the notary's room. He leads the debates and has a preponderant vote in the event of parity of votes. He keeps order in the notary's room.
2° The trustee went against the members of the company involved. It is understood beforehand any deliberation of the notary's chamber that is required to deliberate and decide on all its claims. He, like the president, has the right to summon her. It continues the execution of its decisions and acts, for the notary's chamber, in all cases and in accordance with what it has decided.
3° The rapporteur collects information on the facts dependant on the members of the company and reports to the notary's chamber. The same is true of opinion.
4° The secretary writes decisions, keeps records and delivers shipments.
5° The treasurer is responsible for the receipts and expenses authorized by the notary's chamber. It reports to the notary's chamber at the end of each quarter.
In the event of the absence or incapacity of a member in charge of one of the five above-mentioned functions, an alternate shall be appointed to him from among the other members of the notary's chamber, by the President or, if the latter is absent or prevented, by the majority of the members present. Nevertheless, the functions of president, trustee and rapporteur are always performed by three different people.
Art. 83. The notary's Chamber shall meet at least once a month of the judicial year, after summoned by missive letter containing the agenda, signed by the president or secretary, and shall ship at least eight days before the meeting.
An extraordinary meeting shall be convened in the same manner when the President or the syndic deems it useful or at the reasoned request of two other members or at the request of the President of the Court of First Instance or the Crown Prosecutor.
Art. 84. The notary's room can only validly deliberate and decide when at least two thirds of its members are present.
Any member of the notary's chamber has a deliberate vote. However, when it comes to cases where a member of the board is gone, he must withdraw for the duration of the deliberation and during the vote.
The deliberations are taken by a simple majority of votes.
Art. 85. The notary's chamber is represented vis-à-vis third parties, in court and in public or private acts, by its president and secretary acting jointly, without having to justify a prior decision, or by only one of them on special delegation. »
Art. 5. It is inserted in the same Act a new title IV, entitled "From Discipline" and comprising sections 95 to 112, which reads as follows:
"Section I^re. - Disciplinary penalties
Art. 95. A member of a company of notaries who by his behaviour violates the dignity of the notariat or fails to perform his duties may be subject to disciplinary penalties provided for in this section.
Art. 96. Domestic discipline is:
1° the reminder to order;
2° the blame;
3° the disciplinary fine of 5,000 to 200,000 francs, paid to the Treasury.
Disciplinary fines can be imposed at the same time as another penalty.
Art. 97. High discipline penalties are:
A) for notaries - holders, associates or alternates:
1° the disciplinary fine of more than 200,000 to 500,000 francs, paid to the Treasury;
2° the suspension;
3° the dismissal.
Disciplinary fines can be imposed at the same time as another penalty.
B) for record-writers: suspension or delisting of the table;
C) for honorary notaries: suspension or loss of their honorary title.
Section II. - Disciplinary proceedings
in front of the notary's room
Art. 98. The notary's Chamber is aware of disciplinary cases at the intervention of the trustee, either on his or her own motion or on the written denunciations of the King's Prosecutor.
Art. 99. The member of the company concerned is informed by the syndic by a recommended letter to the post, indicative of the object. This letter is signed by the syndic and sent by the secretary, who notes it. The said letter indicates the place and the hours in which the member may take note of the record concerning the fact for which he is being questioned.
The member concerned may communicate his or her reaction in writing orally.
Art. 100. If the trustee considers that a reproached fact must be submitted to the notary's chamber, he shall summon the member concerned to appear before the notary's chamber and communicate the record to the president of the notary's chamber. A copy of this summons is sent simultaneously to the prosecutor of the King of the judicial district of the place of residence of the notary concerned. In the summons, he mentions the fact that the member is being questioned, as well as the place and times where the member may be aware of the file. The summoned member may be assisted by a notary, an honorary notary or a lawyer. He may require, no later than eight days after the summons, that witnesses be called by the notary's chamber at the meeting for the proceedings. It may also, within the same time limit, file evidence in support of its defence.
In order to be heard, the board of notaries calls the members of the company who are parties to the cause and the interested third parties who have expressed their wish. Each of them can be assisted by a notary, an honorary notary or a lawyer.
The notary's room may also call the notaries concerned. Each of them may be assisted, or represented by a notary, an honorary notary or a lawyer.
Art. 101. A member of the company who has been summoned may exercise his right of recusal against each of the members of the notary's chamber who are called to rule on him for the reasons set out in article 828 of the Judicial Code. The right of recusal may also be exercised against members of the notary's chamber when their residence or the seat of their association is located in the same judicial canton as the residence or seat of the association of the summoned member.
The summoned member shall, as soon as he or she fails, send to the President of the board of notaries concerned no later than three days before the proceedings, a written document dated and signed, mentioning the names of the member(s) he or she discuss, and the reasons for the objection.
The notary's chamber shall rule within fifteen days after receipt of the letter, on the merits of the recusal and the possible follow-up. Les membres récusés ne participer pas à ce débat ni au vote. They are replaced by eligible members drawn by lot.
The reasoned decision shall be notified as soon as possible to the member summoned from the company.
Art. 102. The session devoted to the proceedings is set by the notary's chamber, taking into account a time limit not less than fifteen days after the date fixed for the appearance of the member in question before the notary's chamber.
The proceedings shall be public unless the member of the company who was summoned requests the closed hearing.
The member in question has the right to present at that session, himself or by the voice of his or her counsel as provided for in article 100, first paragraph, his or her defence. Witnesses called may be interrogated by both the member involved and the notary's chamber.
Art. 103. The Chamber of Notaries shall make its decision by secret ballot, by an absolute majority, after hearing the syndic and the rapporteur who do not participate in deliberation or voting. The notary's chamber may impose disciplinary penalties under section 96.
Art. 104. The decision is made in public hearings, in the month of the closing of the proceedings.
The decision is motivated, recorded in the register for this purpose and signed on a minute by the President and the Secretary at the same meeting.
Each decision mentions the names of the members present.
Art. 105. Within eight days of the decision, the decision shall be notified, by registered letter to the position, to the member concerned and to the parties who appeared. It is mentioned on the margins by the secretary.
The decision to impose a disciplinary penalty shall be communicated to the Crown Prosecutor within the same time limit.
Art. 106. If the disciplinary action is rendered by default, opposition may be formed by the member of the company concerned, within fifteen days from the notification sent to him.
The opposition is addressed, by registered letter to the position, to the secretary of the notary's chamber.
The late opposition is declared inadmissible.
However, if the company member can demonstrate that it was impossible for him to know the award in a timely manner, he or she may make extraordinary opposition within fifteen days of the day he or she was actually aware of the award.
The notary's chamber calls the opponent and gives him the opportunity to present his arguments. She even statues in her absence. The decision is deemed contradictory in any case.
The provisions of section 105 are applicable.
Art. 107. The decision of the notary's board is subject to appeal to the civil court in the month of its notification. The appeal is open to the member concerned, the trustee and the King's Attorney. He's suspensive.
The court thus seized, finally deciding.
It may only inflict penalties under section 96 or pay the member of the company concerned.
Section III. - The procedure in this area
Disciplinary before the Civil Court
Art. 108. The civil court may be brought before the Crown Prosecutor or the notary's Chamber except in the event that it has imposed a disciplinary sentence for the same facts. In the event of a summons by the notary's chamber, the syndic simultaneously informs the King's attorney.
The summons to appear before the court deferred from the notary's chamber.
Art. 109. The competent court is that of the jurisdiction where the cited member is or was ultimately professionally active.
Art. 110. § 1^er. Except as provided for in section 107, last paragraph, the court may impose the penalties set out in sections 96 or 97.
§ 2. The judgments of the civil court are subject to appeal to the court of appeal. These decisions are not enforceable by provision.
The court may, for the time it fixes, prohibit the notary against whom it has pronounced suspension or dismissal, the exercise of its profession, notwithstanding appeal to the court of appeal. The provisions of Article 112, § 4, are applicable by analogy.
The prohibition may be waived at any time by the Court of First Instance or the Court of Appeal at the request of the Crown Prosecutor or the Attorney General, the Chamber of notaries or the person concerned.
§ 3. Any suspended notary shall, for the duration of the suspension, cease the exercise of his profession. In the event of an offence the penalties, as provided for in the second paragraph, shall apply to it. During the period of the suspension, he may not attend the general assembly of the notary's company and may not be elected a member of the notary's chamber or be elected a representative of the actual or alternate company in the National Chamber of notaries. If the person concerned has already been elected to one of the above-mentioned functions, he or she may no longer perform that function for the duration of the suspension and must be replaced.
Any destitute notary shall cease the exercise of his profession, barely of any damages and, if any, of any other convictions provided for by the law against any destitute official who continues the exercise of his or her duties.
The above provisions are applied as soon as the decision to impose the penalty is final.
Art. 111. § 1^er. In the event of dismissal or suspension exceeding fifteen days, the appointment of an alternate shall be made immediately in accordance with Article 64, § 3, first paragraph.
If the period of dismissal or suspension does not exceed fifteen days, an alternate may be appointed at the request, either from the notary deposed or suspended, or from the notary's chamber, or from the Crown's attorney. Depending on the case, the notice of the Crown Prosecutor or the notary's Chamber is required. If the interested party so requests, it is decided in the board's room.
§ 2. If, in the event of a notary's suspension, a substitute is designated, the notary shall be entitled to the reimbursement of the expenses that he or she has incurred and to the remuneration fixed by the president of the court after having sought the advice of the notary's chamber, the dependant of the notary. The fees of the acts received during the suspension shall be paid to the remuneration of the alternate and the staff of the study and to the payment of general fees. Any surplus shall be paid to the substitute or notaries who have made an instrument in place of the notary. The potential deficit is borne by the notary begged.
§ 3. In the event of dismissal of a notary, the substitute shall be entitled to the fees of the acts received during the plea, in charge of supporting the remuneration of the staff of the study and the payment of the general expenses. The potential deficit is borne by the notary begged.
§ 4. If the notary is acquitted on appeal, he is entitled to the difference between the fees paid by the substitute, deducting the remuneration of the deputy, fixed by the president of the court after having sought the advice of the notary's chamber and, of the amounts paid during the payment to the staff of the study and to the payment of the general expenses.
Section IV. - Preventive suspension
Art. 112. § 1^er. A notary who is subject to criminal prosecution or disciplinary proceedings because of acts that are punishable by high discipline may be suspended preventively, in accordance with the following terms.
The notary concerned shall be referred to the President of the Court of First Instance by the notary's Chamber or by the Crown Prosecutor. In the latter case the president seeks the advice of the notary's chamber.
If there are serious presumptions of the merits of the alleged facts and if there is a clear danger that the continued exercise of his or her professional activity is likely to cause serious harm to third parties or to make a noticeable violation of the dignity of the notary, any notary may be pre-emptively suspended by the president of the court of first instance for at most the duration of the proceedings. The decision shall be binding as soon as it is pronounced, notwithstanding any opposition or appeal.
§ 2. If it results from complaints against a notary or investigation, there is a clear danger that the exercise of his or her professional activity is likely to cause harm to third parties or to the dignity of the notarial, any notary may be preemptively suspended by the president of the court of first instance, even before disciplinary or criminal proceedings have been instituted.
The request is filed by a unilateral request from the notary or the Crown Prosecutor. In the latter case the president seeks the advice of the notary's chamber.
The measure can only be imposed for a maximum of one month. The decision shall be binding as soon as it is pronounced, notwithstanding any opposition or appeal.
§ 3. The measure may be waived, at any time, by the President of the Court of First Instance, at the request of the Crown Prosecutor, the notary chamber or the interested party.
§ 4. For the duration of this measure, the notary temporarily suspended may not practise his profession. He cannot sign professional correspondence or receive clients. He shall be entitled to the fees for the acts passed during the period of the preventive suspension, except as determined in § 7.
§ 5. When the pre-trial suspension by the President of the Court of First Instance in accordance with § 1^er, exceeds fifteen days, the President shall immediately designate an alternate, in accordance with Article 64, § 3, first paragraph. When the preventive suspension does not exceed fifteen days, the president of the court may designate an alternate to the request either from the notary pre-emptively suspended, or from the notary's chamber or from the Crown Prosecutor. Depending on the case, the notice of the Crown Prosecutor or the notary's Chamber is required.
§ 6. When the pre-trial suspension by the president of the court of first instance in accordance with § 2, exceeds fifteen days, the court shall designate, upon request of the notary's chamber, an alternate.
When the preventive suspension does not exceed fifteen days, the chair of the court may designate an alternate to the notary's request that is suspended preventively or the notary's room.
§ 7. The substitute, designated in accordance with § 5 or § 6, shall be entitled to the reimbursement of the expenses that he has exposed and to the remuneration fixed by the president of the court of first instance after having requested the notice of the notary's chamber, to the dependant of the notary.
Where applicable, §§ 2 and 4 of Article 111 shall be applied in a similar manner. »
PART III. - Transitional provision
Art. 6. The members designated alternately by the Senate and the House of Representatives, pursuant to section 38, paragraph 5, paragraph 3, of the law of 25 ventôse an XI, reinstated by the law of May 4, 1999, shall be designated for the first time by the Senate.
PART IV. - Final provision
Art. 7. The King shall determine the effective date of each of the provisions of this Act. The whole of this Act shall come into force by the time of the full entry into force of the Act of 4 May 1999 amending the law of 25 ventôse an XI containing organization of the notariat.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 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. 1433/1 of 20 February 1998. - Amendments, n^bones 1433/2 to 1433/11.
Regular session 1998-1999.
House of Representatives:
Parliamentary documents. - Amendments, n^bones 1433/12 to 1433/20. - Opinion of the Council of State, No. 1433/21. - Amendments, No. 1433/22. Report No. 1433/23 of 9 February 1999 by Mr. Landuyt and Mr. Barzin. - Text adopted by the commission, No. 1433/24. - Amendments, No. 1433/25. - Supplementary report, No. 1433/26 of 10 February 1999 by Mr. Landuyt and Mr. Barzin. - Text adopted by the commission, No. 1433/27. - Amendment, No. 1433/28. - Text adopted in plenary and transmitted to the Senate, No. 1433/29.
Annales parliamentarians. - Discussion and adoption. Sessions of 10 and 11 February 1999.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-1277/1 of 12 February 1999. - Amendments, no. 1-1277/2. - Report, no. 1-1277/3 of 24 March 1999 by MM. Goris and Vandenberghe. - Text adopted by the commission, no. 1-1277/4. - Amendment, No. 1-1277/5.
Annales parliamentarians. - Discussion and adoption. Session of 1^er April 1999.
House of Representatives:
Parliamentary documents. - Draft amended by the Senate, No. 1433/30 of 2 April 1999. - Text adopted in plenary and subject to Royal Assent, No. 1433/31.
Annales parliamentarians. - Discussion and adoption. Sessions of 27 and 28 April 1999.