Act of 21 November 2016 on the status of and supervision over stock exchange companies regarding certain expedited appeal procedures before the Council of State

FEDERAL PUBLIC SERVICE FINANCES

[C − 2016/03397]

21 NOVEMBER 2016. — Act on the status of and supervision over stock exchange companies regarding certain expedited procedures for appeal before the Council of State (1)

PHILIP, King of the Belgians,

To all who are now and hereafter shall be, Our Greeting.

The Chambers have adopted and We sanction what follows:

Article 1. This Act regulates a matter referred to in Article 78 of the Constitution.

Art. 2. In Article 36/22 of the Act of 22 February 1998 establishing the organic statute of the National Bank of Belgium, last amended by the Act of 25 March 2016, the following amendments are made:

1° in the provision under 1°, the words “the Act of 25 April 2014 on the status of and supervision over credit institutions” are replaced by the words “the Act of 25 April 2014 on the status of and supervision over credit institutions and stock exchange companies”;

2° the provision under 2° is replaced as follows:
“2° by the credit institution and the stock exchange company, against the decisions taken by the Bank pursuant, respectively, to Articles 86, fourth paragraph, 88/1, 544 and 546 of the aforementioned Act of 25 April 2014, insofar as these last three articles declare the aforementioned Article 86, fourth paragraph applicable”;

3° the provision under 3° is replaced as follows:
“3° by the credit institution and the stock exchange company, against the decisions taken by the Bank pursuant, respectively, to Articles 234, § 2, 1° to 10°, 236, § 1, 1° to 6°, and Articles 583 and 585, insofar as these last articles declare the aforementioned Articles 234, § 2, 1° to 10° and 236, § 1, 1° to 6° applicable to stock exchange companies, and against similar decisions taken pursuant, respectively, to Articles 328, 329 and 340 and Articles 599 and 607 of the aforementioned Act of 25 April 2014, insofar as these last articles declare the aforementioned Articles 328, 329 and 340 applicable to stock exchange companies. The appeal suspends the decision and its publication, unless the Bank, in case of serious danger to savers or investors, has declared its decision enforceable notwithstanding any appeal;”;

4° the provision under 3°bis is replaced as follows:
“3°bis by the credit institution and the stock exchange company, against the decisions taken by the Resolution College pursuant, respectively, to Articles 232 and 581 of the aforementioned Act of 25 April 2014, insofar as this last article declares the aforementioned Article 232 applicable to stock exchange companies;”;

5° the provision under 4° is replaced as follows:
“4° by the applicant, against decisions regarding permits taken by the Bank pursuant to Article 495 of the Act of 25 April 2014 on the status of and supervision over credit institutions and stock exchange companies. A same appeal may be lodged by the applicant if the Bank has not ruled within the time limits set by Article 495, § 1, first paragraph of the aforementioned Act of 25 April 2014. In this latter case, the appeal is treated as if the application had been rejected;”;

6° the provision under 5° is repealed;

7° the provision under 6° is repealed;

8° the provision under 22° is supplemented with the words “, Article 585 of the Act of 25 April 2014 on the status of and supervision over credit institutions and stock exchange companies, insofar as this Article 236, § 6 of that same Act declares applicable to stock exchange companies;”;

9° the provision under 35° is replaced as follows:
“35° by anyone who has been imposed a penalty payment by the Bank pursuant to Articles 36/3, § 5, 36/19, fifth paragraph and 36/30, § 1, second paragraph, 2° of this Act, Article 603, § 2 of the Act of 13 March 2016 on the status of and supervision over insurance or reinsurance undertakings, Articles 50, § 2, third paragraph and 106, § 2, third paragraph of the Act of 21 December 2009 on the status of payment institutions and electronic money institutions, access to the business of payment service providers and to the activity of issuing electronic money and access to payment systems, Article 346, § 2 of the Act of 25 April 2014 on the status of and supervision over credit institutions and stock exchange companies and Article 608 of the aforementioned Act of 25 April 2014, insofar as this declares the aforementioned Article 346, § 2 applicable to stock exchange companies.”.

Art. 3. This Act enters into force on the tenth day following its publication in the Belgian State Gazette.

We proclaim this Act, order that it be sealed with the State Seal and published by the Belgian State Gazette.

Given at Brussels, 21 November 2016.

PHILIP

By the King:
The Minister of Finance,
J. VAN OVERTVELDT

Sealed with the State Seal:
The Minister of Justice,
K. GEENS