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An Act To Amend Sections 55, 60, 61, 1 And 61, 2 Of The Code Of Registration Fees, Mortgage And Registry (1)

Original Language Title: Loi modifiant les articles 55, 60, 61, 1 et 61, 2 du Code des droits d'enregistrement, d'hypothèque et de greffe (1)

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19 MAI 1998. - An Act to amend sections 55, 60, 61, 1 and 61, 2 of the Registration, Mortgage and Registry Rights Code (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In section 55, paragraph 1st, 2nd, of the Code of Registration, Mortgage and Registry Rights, replaced by section 147 of the Act of 22 December 1989, it is inserted a d), as follows:
"(d) in the event of the application of section 53, 2°, that the purchaser or his spouse shall be registered in the register of the population or in the register of foreigners to the address of the acquired building.".
Art. 3. In section 60 of the same Code, as amended by sections 1 of the Act of 27 February 1978, 39 of the Act of 19 July 1979 and 149 of the Act of 22 December 1989, the following paragraph shall be inserted between paragraph 1 and paragraph 2:
"The benefit of the reduction referred to in section 53, 2°, is maintained only if the purchaser or his spouse is registered at the address of the building acquired in the register of the population or in the register of foreigners. This registration must be made within a three-year period beginning on the date of the authentic acquisition and must be maintained for an uninterrupted period of at least three years. ".
Art. 4. Section 611 the same Code, replaced by section 40 of the Act of 19 July 1979, amended by section 150 of the Act of 22 December 1989, is replaced by the following provision:
"In the event of a loss of the reduction for failure to operate within the period and for the duration provided for in Article 60, paragraph 1, it is due by the purchaser in addition to the supplementary right, an increase equal to that amount.
In the event of loss of the reduction for failure to register within the time limit and for the duration provided for in Article 60, paragraph 2, it is due by the purchaser in addition to the supplementary right, an increase equal to that amount.
However, the Minister of Finance may grant full or partial remission of this increment."
Art. 5. Article 612, inserted by article 4 of the law of 26 July 1952, amended by articles 47 of the law of 25 June 1956, 72, 1°, of the law of 12 July 1976 and 62, 1°, of the law of 10 January 1978, the words "of articles 60 and 611"are replaced by the words "Articles 60, paragraph 1 and 611Paragraph 1."
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 May 1998.
ALBERT
By the King:
Deputy Prime Minister and Minister of Finance,
Ph. MAYSTADT
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Documents of the Senate:
1-290 - 1995/1996:
No. 1: Bill by Mr. Ph. Charlier.
1-290 - 1997/1998:
No. 2: Amendments.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary and transmitted to the House of Representatives.
Annales of the Senate:
19 February 1998.
Documents of the House of Representatives:
Number 1: Project transmitted by the Senate.
Number two: Report.
Number 3: Text adopted in plenary and submitted to the Royal Sanction.
Annales de la Chambre :
22 and 28 April 1998.