Advanced Search

Law On Collective Debt Settlement And The Possibility Of Selling Of Gre Gre Seized Immovable Property (1)

Original Language Title: Loi relative au règlement collectif de dettes et à la possibilité de vente de gré à gré des biens immeubles saisis (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

5 JULY 1998. - Act respecting the collective settlement of debts and the possibility of the voluntary sale of immovable property seized (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I. - Introductory provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Debt collective settlement procedure and debt mediator
Art. 2. § 1er. The fifth part of the Judicial Code is replaced by the following title:
"Conservative seizures, ways of execution and collective debt settlement. »
§ 2. It is inserted in the fifth part of the same Code a title IV entitled “From the collective debt settlement” comprising articles 1675/2 to 1675/19, which read as follows:
"Chapter I. - Debt collective settlement procedure
Section 1. - General provisions
Art. 1675/2
Any natural person domiciled in Belgium, who does not have the quality of a merchant within the meaning of Article 1er the Code of Commerce may, if it is not in a sustainable manner, pay its debts owing or failing and to the extent that it has not clearly organized its insolvency, file an application before the judge to obtain a collective debt settlement.
If the person referred to in paragraph 1er has once been a merchant, it can only file this request six months after the termination of its business or, if it has been declared bankrupt after the bankruptcy has ended.
The person whose amicable or judicial settlement plan has been revoked under section 1675/15, § 1er, first paragraph, 1° and 3° to 5°, may not apply to obtain a collective debt settlement for a period of five years from the judgment of revocation.
Art. 1675/3
The debtor proposes to his creditors to conclude an amicable settlement plan through a collective debt settlement, under the supervision of the judge.
If no agreement is reached on this friendly settlement plan, the judge may impose a judicial settlement plan.
The purpose of the settlement plan is to restore the debtor's financial situation, in particular by permitting it to the extent possible to pay its debts and by guaranteeing it simultaneously as well as its family, that they may lead a life in accordance with human dignity.
Section 2. - Introduction of the procedure
Art. 1675/4
§ 1er. The application for collective debt settlement is filed by request and instructed in accordance with articles 1027 to 1034.
§ 2. The request contains the following:
1° the indication of day, month and year;
2° the name, first name, date of birth, occupation and domicile of the applicant, and, where applicable, the name, first name, domicile and quality of his legal representatives;
3° the object and summary indication of the reasons for the application;
4° the appointment of the judge who must know of it;
5° the identity of the debt mediator possibly proposed;
6° the name, first name, occupation, domicile and date of birth of the spouse of the applicant or of the person or persons cohabiting with the applicant, if any, their matrimonial regime and the composition of the household;
7° a detailed and estimated statement of the assets and liabilities of the applicant's heritage, of the common heritage if married under a community regime and of the heritage of the spouse or persons living with him;
8° a detailed and estimated statement of property that is part of the 7° heritage, alienated during the six months preceding the application;
9° the name, first name and domicile, or, if it is a legal person, the name and seat, the creditors of the applicant and, where applicable, the debtors of the applicant and the persons who constituted a personal security for him;
10° where applicable, the debts contested in whole or in part and the grounds for contestation;
11° the procedures for granting grace periods referred to in Article 1334, of granting payment facilities referred to in Article 1337bis and Article 59, § 1erparagraph 2 of the Act of 4 August 1992 on the mortgage in which the applicant is engaged;
12° the reasons for the impossibility of repaying his debts;
13° the signature of the applicant or his lawyer.
§ 3. If the references are incomplete, the judge invites the complainant within eight days to complete his application.
Art. 1675/5
The procedures referred to in Article 1675/4, § 2, 11°, are suspended, until it has been decided on the eligibility of the application for a collective debt settlement.
The Eligibility Decision shall have full right to delist applications filed on the basis of the procedures referred to in paragraph 1er.
Art. 1675/6
§ 1er. Without prejudice to section 1028, paragraph 2, within eight days of filing the application, the judge shall rule on the admissibility of the application. If the judge requests the appellant to complete his application in accordance with Article 1675/4, § 3, the decision on admissibility shall be made within eight days of the filing of the completed application.
§ 2. When making the application admissible, the judge appoints in his decision a debt mediator, with the agreement of the debtor, and, where applicable, a judicial officer and/or a notary.
§ 3. In its decision, the judge shall decide on the possibility, in whole or in part, of the judicial assistance.
§ 4. The Registry shall notify the court of the decision in which the proceedings referred to in Article 1675/5 are pending.
Art. 1675/7
§ 1er. Without prejudice to the application of § 3, the Eligibility Decision creates a situation of competition between the creditors and consequently has the suspension of the interest course and the unavailability of the applicant's heritage.
Part of the mass, all the property of the applicant at the time of the decision, as well as the property that he acquires during the performance of the collective debt settlement.
§ 2. All enforcement channels that tend to pay a sum of money are suspended. The seizures already practised, however, retain their conservative character.
If, prior to the eligibility decision, the day of the forced sale of the seized furniture or buildings has already been fixed and published by the posters, this sale takes place on behalf of the mass.
§ 3. The Eligibility Decision prohibits the applicant unless the judge authorizes:
- to perform any act outside the normal management of heritage;
- to carry out any act likely to favour a creditor, except for the payment of a food debt but with the exception of its arrears;
- to worsen insolvency.
§ 4. The effects of the Eligibility Decision extend to the rejection, until the end or until the revocation of the collective debt settlement, subject to the provisions of the settlement plan.
§ 5. Without prejudice to the application of Article 1675/15, any act performed by the debtor in contempt of the effects attached to the decision of eligibility is unopposable to creditors.
§ 6. The effects of the Eligibility Decision shall take place on the first day following the establishment of the notice of collective debt settlement referred to in section 1390quinquies.
Art. 1675/8
Unless this mission has been entrusted to it by the decision of eligibility, the debt mediator responsible for an amicable or judicial settlement of debts may address the judge. in accordance with Article 1675/14, § 2, paragraph 3, for the injunction to the debtor or a third party to provide him with any useful information on transactions carried out by the debtor and on the composition and location of the assets of the debtor.
In any case. a third party held in professional secrecy or reserve duty shall not avail himself of the latter. Sections 877 to 882 apply to it.
Art. 1675/9
§ 1er. Within three days of the Eligibility Decision, the Eligibility Decision shall be notified to the Registrar under judicial review:
1° to the applicant by joining the text of article 1675/7, as well as his non-applicant spouse;
2° to creditors and persons who have constituted a personal security right by attaching a copy of the request and the documents annexed thereto, a claim form, the text of § 2, this article and the text of Article 1675/7;
3° to the debt mediator by attaching a copy of the request and the documents annexed thereto;
4° to the debtors concerned by joining the text of Article 1675/7, and informing them that upon receipt of the decision, any payment must be made in the hands of the debt mediator.
This notification is meaningless.
§ 2. The debt declaration must be made to the debt ombudsman in the month of the sending of the decision of eligibility, either by registered letter to the position with acknowledgement of receipt or by declaration in his offices with acknowledgement of receipt dated and signed by the mediator or his agent.
It indicates the nature of the debt, its justification, its principal amount, interest and costs, the possible causes of preference, and the procedures to which it would give rise.
Section 3. - Amicable settlement plan
Art. 1675/10
§ 1er. The debt ombudsman shall, without displacement, receive notices of seizure, delegation and assignment issued on behalf of the debtor.
§ 2. The debt ombudsman draws up a draft amicable settlement plan containing the necessary measures to achieve the objective referred to in article 1675/3, paragraph 3.
§ 3. Only claims that are not contested or established by a title, even private, may be included in the amicable settlement plan, up to the amounts that are so justified.
§ 4. The debt ombudsman addresses the draft amicable settlement plan by registered letter to the position with acknowledgment of receipt to the claimant, if any, his spouse and creditors.
The plan must be approved by all interested parties. Any counterclaim must be filed, either by registered letter to the position with acknowledgement of receipt or by statement to the debt mediator, within two months of the project's sending. In the absence of a violation under the above-mentioned conditions and deadlines, the parties are presumed to consent to the plan.
Section 51 is not applicable.
The notice to interested parties reproduces the text of paragraph 2 of this paragraph.
§ 5. In the event of approval, the debt mediator shall transmit to the judge the friendly settlement plan, the report of his activities and the records.
The judge ruled on evidence by a decision making the agreement. Section 1043, paragraph 2, is applicable.
Section 4. - Judicial settlement plan
Art. 1675/11
§ 1er. When the mediator finds that it is not possible to enter into an agreement on an amicable settlement plan and, in any case, where it has not been possible to reach an agreement within four months of his appointment, he shall record it in a record that he shall forward to the judge for a possible plan of indiciary settlement.
The debt ombudsman shall file with the Registry the file of the amicable settlement procedure to which he shall attach his observations.
§ 2. The judge fixes the hearing at a close date. The clerk summons the parties and the debt mediator by judicial fold. The debt mediator reports. The judge shall rule no later than fifteen days after the closing of the proceedings.
§ 3. Where the existence or the amount of a debt is contested, the judge shall, on an interim basis, fix the portion of the disputed amount that must be recorded, taking into account also, if any, the dividend awarded on the basis of the settlement plan. If applicable, articles 661 and 662 are applicable.
§ 4. By derogation from sections 2028 to 2032 and 2039 of the Civil Code, persons who have constituted a personal security right have recourse against the debtor only to the extent that they participate in the settlement plan and in accordance with it.
Art. 1675/12
§ 1er. While respecting the equality of creditors. the judge may impose a judicial settlement plan that may include:
1° the deferral or rescheduling of the payment of principal, interest and expenses;
2° the reduction of conventional interest rates at the legal interest rate;
3° the suspension, for the duration of the judicial settlement plan, of the effect of the security rights, without this measure being able to compromise its base, as well as the suspension of the effect of the assignments of receivables;
4° the surrender of total or partial debts of the moratorium, allowances and expenses.
§ 2. The judgment refers to the duration of the judicial settlement plan which may not exceed five years.
The period of reimbursement of credit contracts may be extended. In this case, the new refund period may not exceed the duration of the settlement plan, as determined by the judge, which is increased by half of the remaining duration of these credit contracts.
§ 3. The judge subordinates these measures to the performance by the debtor of acts that facilitate or guarantee the payment of the debt. It also provides for the forbearance by the debtor of acts that would aggravate his insolvency.
§ 4. Without prejudice to the law of 7 August 1974 establishing the right to a minimum of means of existence and in accordance with article 1675/3, paragraph 3, the judge may, when formulating the plan, waive sections 1409 to 1412 by specially reasoned decision.
Art. 1675/13
§ 1er. If the measures provided for in Article 1675/12, § 1erfails to achieve the objective referred to in Article 1673/3, paragraph 3, at the request of the debtor, the judge may decide any other partial remission of debts, even in capital, under the following conditions:
- all seizedable property is carried out on the initiative of the debt mediator, in accordance with the rules of enforced executions. The distribution takes place in accordance with the equality of creditors, without prejudice to the legitimate causes of preference;
- after the realization of the seizedable property, the remaining balance due by the debtor is subject to a settlement plan in accordance with the equality of the creditors, except in respect of the current food obligations referred to in article 1412, paragraph 1er.
Without prejudice to Article 1675/15, § 2, the handover of debts is only acquired when the debtor has complied with the settlement plan imposed by the judge and unless the debtor returns to better fortune before the end of the settlement plan.
§ 2. The judgment refers to the duration of the judicial settlement plan between three and five years. Section 51 is not applicable.
§ 3. The judge may not grant a discount for the following debts:
- non-exhausted food debts on the day of the decision on the settlement plan;
- debts made of compensation for compensation for injury caused by an offence;
- the debts of a bankrupt who was left behind after the bankruptcy ended.
§ 4. By derogation from the previous paragraph, the judge may grant the remittance for the debts of a bankrupt, subject to a bankruptcy whose closure was pronounced under the Bankruptcy, Bankruptcy and Suspended Payment Act of 18 April 1851 for more than 10 years at the time of the filing of the application under 1675/4. This discount cannot be granted to the bankrupt who was convicted of a simple or fraudulent bankruptcy.
§ 5. Without prejudice to the law of 7 August 1974 establishing the right to a minimum of means of existence and in accordance with article 1675/3, paragraph 3, the judge may, when formulating the plan, waive sections 1409 to 1412 by specially reasoned decision.
Section 6. - Provisions common to both procedures
Art. 1675/14
§ 1er. The debt mediator is responsible for monitoring and monitoring the implementation of the measures set out in the Amicable or Judicial Settlement Plan.
The debtor shall promptly inform the mediator of debts of any changes in his or her heritage situation following the introduction of the request referred to in 1675/4.
§ 2. The case remains in the role of the judge of seizures, including in the event of an appeal decision, until the end or the revocation of the plan.
Article 730, § 2, a, paragraph 1er, is not an application.
In the event of difficulties that hinder the execution of the plan or in the event of any new developments justifying the adaptation or revision of the plan, the debtor, the debtor or any interested creditor, shall bring the case to the judge by means of a written statement filed or addressed to the Registry.
The Registrar shall inform the debtor and creditors of the date on which the case shall be set before the judge.
§ 3. The debt mediator refers to the notice of collective debt settlement, the collective settlement plan, its rejection, its term or its revocation.
Art. 1675/15
§ 1er. The revocation of the admissibility decision or of the amicable or judicial settlement plan may be pronounced by the judge before whom the case is brought back to the request of the debtor or an interested creditor through a simple written statement filed or sent to the Registry, where the debtor:
1° has submitted inaccurate documents to obtain or retain the benefit of the collective debt settlement procedure;
2° does not comply with its obligations;
3° has necessarily increased its liabilities or decreased its assets;
4° or organized its insolvency;
5° or knowingly made false statements.
The Registrar shall inform the debtor and creditors of the date on which the case is brought before the judge.
§ 2. For a period of five years after the completion of the amicable or judicial settlement plan involving the issuance of principal debts, a creditor may apply to the judge for the revocation of the latter, due to an act performed by the debtor in fraud of his rights.
§ 3. In the event of a revocation, creditors shall recover the right to exercise their shares on the debtor's property individually for the recovery of the unpaid party of their claims.
Art. 1675/16
The decisions of the judge made in the context of the collective debt settlement procedure are notified by the clerk, under judicial fold.
They are enforceable by provision notwithstanding appeal and without bail.
Except for the eligibility decision referred to in 1675/6, they are not subject to third-party opposition.
The default judgments and judgments are not subject to opposition.
CHAPTER II. - The debt mediator
Art. 1675/17
§ 1er. Can only be designated as debt mediators:
- lawyers, departmental officers or legal agents in the exercise of their profession or function;
- public institutions or private institutions approved for this purpose by the competent authority. In this context, these institutions involve individuals who meet the conditions set by the competent authority.
§ 2. The debt mediator must be independent and impartial with respect to the parties involved.
The debt mediator may be challenged if there are legitimate reasons to doubt his impartiality or independence. A party may only challenge the debt ombudsman proposed by it for a cause or fact that it was aware of after the appointment of the debt ombudsman. No objection may be proposed after the expiry of the claim period referred to in 1675/9, § 2, unless the cause of the objection has been disclosed to the party after that period. The recusal procedure shall be conducted in accordance with articles 970 and 971.
§ 3. The judge shall ensure compliance with the collective debt settlement provisions. If he finds a negligence in the head of the debt ombudsman, he informs the Crown Prosecutor, who appreciates the disciplinary proceedings that he may have, or the competent authority referred to in § 1er2nd indent, of this article.
Each year, whenever the judge so requests and at the end of the settlement plan, the debt mediator shall give the judge a report on the status of the proceedings and its evolution.
The statement of fees, fees or emoluments referred to in article 1675/19 shall be entered at the bottom of the report.
The debtor and creditors may be aware of this report at the registry and without displacement.
§ 4. In the event of a debt mediator's incapacity, the judge shall make an ex officio appeal to his replacement. The judge may, either ex officio or at the request of any interested person, proceed at any time to replace the debt mediator, provided that this is absolutely necessary. The debt mediator is previously summoned to the board to be heard.
Art. 1675/18
Without prejudice to his obligations under the law and unless he is called to testify in court, the debt mediator cannot disclose any facts that he has been aware of by his office. Section 458 of the Criminal Code applies to him.
Art. 1675/19
The rules and rates fixing the fees, emoluments and expenses of the debt mediator are determined by the King. The King exercises his powers on the joint proposal of Ministers with Justice and Economic Affairs in their responsibilities.
The statement of fees, emoluments and expenses of the debt mediator is dependent on the debtor and is paid by preference.
Unless these measures have been determined by the decision referred to in Article 1675/10, § 5, Article 1675/12 or Article 1675/13, the judge, upon request of the debt mediator, shall issue an enforceable title for the provision that the judge determines or for the amount of the fees, emoluments and expenses that the judge fixes. If he buys, he hears before the board, the observations of the debtor, the creditors, and the debt mediator. The decision is not subject to opposition or appeal. At each request of the debt ombudsman is attached a detailed account of the benefits to be paid and the costs exposed or to be exposed. »
CHAPTER III. - Other amendments to the Judicial Code
Art. 3. Article 1326, paragraph 1er, in the same Code, the words "and the greedy sale referred to in articles 1580bis and 1580ter" are inserted between the words "public sales referred to in article 1621" and "competently."
Art. 4. An article 1390quinquies, as follows, is inserted in the same Code:
"Art. 1390quinquies. Within twenty-four hours of the Eligibility Decision, a notice of collective debt settlement shall be prepared by the Registrar to be attached, if any, to the notices of seizure referred to in 1390. The model of collective debt settlement notices is established by the King. "
Art. 5. In article 1391 of the same Code, the words "Notice of seizure, delegation and assignment" are replaced each time by the words "Notice of seizure, delegation, assignment and collective settlement of debts".
Art. 6. Section 1564 of the same Code is supplemented by the following paragraph:
"The command informs the debtor that he may transmit to the judge any offer of purchase of the goods at the discretion of his building within eight days of the meaning of the seizure operation. »
Art. 7. In Article 1567, paragraph 2, the words "of a collective debt settlement procedure" are inserted between the words "either from a deadline request," and the words "the pursuer".
Art. 8. Article 1568 of the same Code is supplemented by a 4°, which reads as follows:
"4° the indication of the faculty offered to the debtor to transmit to the judge, barely to be inadmissible, within eight days after the meaning of the seizure exploit, any offer of purchase by option of his building. »
Art. 9. Article 1580, paragraph 1er, of the same Code, the words "or to the sale of voluntarily" are inserted between the words "to the auction" and the words "of seized goods".
Art. 10. An article 1580bis, as follows, is inserted in the same Code:
"Art. 1580bis. Where the interests of the parties so require, the judge may order the sale of the goods at will.
In the event of the completion of the principal dwelling building to the debtor, the judge may also designate as an acquirer, the person who leaves the debtor with the use of the dwelling.
Registered mortgage or privileged creditors, those who have transcribed a command or exploit of seizure, the seizure and, where appropriate, the third holder must be heard or duly called by judicial fold.
The order must indicate the reasons why the sale of the purchaser at a discretion and, where appropriate, the designation of the purchaser in accordance with paragraph 2 of this Article shall serve the interest of the creditors, the debtor and, where appropriate, the third-party holder.
The use of this form of sale may be subject to the setting of a minimum price.
The sale must take place within the time limit and by the notary's department committed by the order.
Any invalidity that would result in an earlier procedural act is covered by the order.
The decision is not subject to opposition or appeal."
Art. 11. An article 1580ter, as follows, is inserted in the same Code:
"Art. 1580ter. In the event that the seizing creditor solicits the authorization for the sale of the creditor at will, he shall submit to the judge a draft act of sale prepared by a notary, and shall set out the reasons for which the sale of the creditor at will is required.
Registered mortgage or privileged creditors, those who have issued a command or seizure, as well as the seizure and, where appropriate, the third-party holder must be heard or duly called by judicial fold.
Authorization is granted if the interest of the creditors, the debtor and, where applicable, the third holder requires it.
The order must state the reasons for the sale of the voluntary undertaking to serve the interest of the creditors, the debtor and, where applicable, the third-party holder.
The use of this form of sale may be subject to the setting of a minimum price.
The sale must take place, within the time limit set. by the notary's ministry committed by the order and in accordance with the proposed sales document submitted to the judge.
Any invalidity that would result in an earlier procedural act is covered by the order.
The decision is not subject to opposition or appeal. "
Art. 12. An article 1580quater, as follows. is inserted in the same Code:
"Art. 1580quater. When the application of section 1580bis or section 1580ter is made, the cause remains in the role until the notarial act is passed. In case of difficulties, it may be brought before the judge by a simple written statement filed or addressed to the Registry.
In the event of refusal of an authorization for the sale of a voluntary or non-implementation of the latter, the judge shall appoint a notary responsible for the awarding of the goods and the carrying out of order. »
Art. 13. Article 1581, paragraph 1erSame code. the words "or to the sale voluntarily" are inserted between the words "to the auction" and the words "of seized goods".
CHAPTER IV. - Various amendments
Art. 14. Article 69, § 4, first paragraph, of the Law of 12 June 1991 on consumer credit, as amended by Article 3, 2°, of the Law of 6 July 1992, is supplemented by an 8° written as follows:
"8° to the debt mediator in the exercise of his mission as part of a collective debt settlement referred to in articles 1675/2 to 1675/19 of the Judicial Code".
Art. 15. An article 2276quater is inserted in the Civil Code as follows:
"Art. 2276quater. Debt mediators are discharged from their professional responsibility five years after the end of their mission. »
Art. 16. Section 162 of the Registration Rights Code. of Mortgage and Registry is completed by a 46° written as follows:
"46° the acts, judgments and judgments relating to the collective settlement of debts referred to in articles 1675/2 to 1675/19 of the Judicial Code".
Art. 17. Section 99 of the Mortgage Act of 16 December 1851 is supplemented by the following paragraph:
" Mention is made in the summation of the faculty offered to the third-party holder to transmit to the judge, barely irreceivable, within eight days after the meaning of the seizure made on him, any offer of purchase at the option of his building. »
Art. 18. Article 97 of the Organic Law of 8 July 1976 of the Public Social Welfare Centres is supplemented by paragraph 3, which reads as follows:
"The previous paragraph does not apply to expenses set out by the CPAS in the context of debt mediation, pursuant to the Act of July 5, 1998 on the collective settlement of debts and the possibility of the sale of the property seized by a voluntary basis. »
CHAPTER V. - Central Data Bank of the National Bank of Belgium
Art. 19. § 1er. The King shall determine, by order deliberately in the Council of Ministers, the data of the notices of collective settlement of debts to be recorded in the central bank of data of the National Bank of Belgium, as well as the persons required to transmit these data to the said central bank.
§ 2. Such data shall be consulted, in accordance with the terms established by the King, by the persons referred to in article 69, § 4, paragraph 1er, 1°, 2°, 3° and 5°, of the law of 12 June 1991 on consumer credit, as amended by article 3, 2°, of the law of 6 July 1992, as well as by the debt mediator who, in accordance with the procedure of collective settlement of debts referred to in articles 1675/2 to 1675/19 of the Judicial Code, has been appointed by the judge, as long as this consultation concerns only the debtor for which he acts.
Requests for consultation must individualize the persons on whom they are carried by their name, name, and date of birth.
§ 3. This data can only be used as part of:
1° the award, management, or execution of credit contracts or means of payment, or
2° the mission entrusted to the debt ombudsman under the collective debt settlement procedure.
Once received. they can no longer be communicated to other people.
§ 4. This data must be deleted when their retention in the central data bank has ceased to be justified. The King sets a time limit for data retention or data categories.
§ 5. The National Bank of Belgium may, with the agreement of the Minister of Finance and the Minister of Economic Affairs, set the amounts due to it by the head of costs for data consultation.
§ 6. Foreign risk plants that are responsible for a similar mission can also receive data collected by the Central Data Bank.
§ 7. The King shall exercise the powers conferred upon him by this article, on the joint proposal of Ministers with Finance, Economic Affairs and Justice in their responsibilities, after consultation with the National Bank of Belgium and the Privacy Commission.
CHAPTER VI. - Debt Debt Treatment Fund
Art. 20. § 1er. It is created a debt overpayment fund, which constitutes a budgetary fund within the meaning of Article 45 of the State Accounting Acts, coordinated on 17 July 1991.
Revenues to the fund referred to in paragraph 1 and expenses that may be incurred by the fund are referred to in the table annexed to the Organic Act of 27 December 1990 creating budgetary funds.
§ 2. The section "32 - Economic Affairs" of the table annexed to the Organic Law of 27 December 1990 creating budgetary funds is supplemented by the following provisions:
« Name of the organic budget fund:
32-8. - Debt Treatment Fund.
Nature of income affected:
Annual percentage of the remaining balance due as at December 31 of the previous year, as follows:
1st mortgage loans or openings referred to in Article 1er of Royal Decree No. 225 of 7 January 1936 regulating mortgages and arranging the control of mortgage companies, carried out by a company subject to Title II of the same order or referred to in Article 65 of the same order;
2° mortgages referred to in Articles 1er and 2 of the Act of 4 August 1992 on mortgage credit, carried out by a company subject to Part II of the Act;
3° consumer credits referred to in Article 1er, 4°, of the Act of 12 June 1991 on consumer credit, carried out by a natural or legal person authorized under section 74 of the Act.
Nature of authorized expenditures:
Payment of outstanding balance after application of article 1675/19, paragraph 2, of the Judicial Code, fees, emoluments and expenses of debt ombudsmen, due to benefits made in accordance with Part Five, Part IV, of the Judicial Code. »
§ 3. The King shall determine by order deliberately in the Council of Ministers the percentage of the remaining balance due to the credits referred to in § 2, which shall be levied for the benefit of the Fund, as well as the conditions and modalities for the collection of the income affected and payment of the authorized expenses.
It also organizes the management of the Fund.
The percentage taken may not exceed 0.5 per ten thousand of the remaining balance owing to the credits referred to in § 2, 1 and 2°, and 2.5 per ten thousand of the remaining balance due to the credits referred to in § 2, 3°.
The King exercises his powers on the joint proposal of Ministers with Economic Affairs and Justice in their responsibilities.
§ 4. In order to obtain the intervention of the Debt Debt Treatment Fund, the debt mediators shall communicate to it the outstanding balance after the application of section 1675/19, paragraph 2, of the Judicial Code, their fees, emoluments and fees, due to the benefits performed in accordance with the provisions of Part Five, Part IV, of the Judicial Code.
If the funds of the Debt Relief Fund are insufficient to allow it to pay in full the balance provided by debt mediators, the pro rata payment is made.
CHAPTER VII. - Entry into force
Art. 21. This Act comes into force on the first day of the sixth month following the one in which it was published in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Gives Brussels on 5 July 1998.
ALBERT
By the King:
Deputy Prime Minister and Minister of Economy,
E. DI RUPO
Minister of Justice,
T. VAN PARYS
Minister of Finance,
J.-J. VISEUR
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
(1) Regular session 1996-1997.
House of Representatives.
Parliamentary documents. - Bill No. 1073/1. - Amendments: nbones 1073/2 to 10. - Report: No. 1073/11. - Text adopted by the Commission: No. 1073/12. - Amendment: No. 1073/13. - Articles adopted in plenary session: No. 1073/14 - Text adopted in plenary meeting and transmitted to the Senate: No. 1073/15.
Annales parliamentarians. - Discussion. Meetings of March 18 and 19, 1998. - Adoption. Session of March 26, 1998.
Regular session 1997-1998.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives: No. 1-929/1. - Amendments: nbones 1-929/2 to 4. Report: No. 1-929/5. - Text adopted by the Commission: No. 1-929/6. - Amendments, nbones 1-929/7 to 9. - Evocation procedure: Decision not to amend: No. 1-929/10.
Annales parliamentarians. - Discussion. - Session of 10 June 1998. - Adoption. - Session of 11 June 1998.