Law of 4 April 2014 on Insurance

Title

2014011239

4 APRIL 2014. - Law on Insurance. (NOTE: Consultation of versions prior to 30-04-2014 and update as of 04-08-2026)

Source: Economy, SMEs, Middle Classes and Energy

Publication: 30 April 2014

Number: 2014011239

page: 35487

File number: 2014-04-04/23

Entry into force: 1 November 2014

This text modifies the following texts:

2010003061 2009003295 1995011169 2014011141 1975070904 2006009492 1992011257 2014011142 1874061150 2014011239 2002003392

39 archived versions

43 implementing decrees

Table of Contents

PART 1. - GENERAL PROVISIONS
Art. 1-2
Object
Art. 3
Scope
Art. 4
Definitions
Art. 5-6
PART 2. - SPECIFIC PROVISIONS REGARDING THE EXERCISE OF ACTIVITIES TITLE I. - General provisions Art. 7-16, 16/1, 16/2 TITLE II. - The assignment of insurance contracts Art. 17-18 TITLE III. - Specific rules concerning insurance in the activity group "life" linked to investment funds Art. 19-20, 20/2 PART 3. - THE OFFER AND CONCLUSION OF CONTRACTS: INFORMATION, ADVERTISING, PRICING, SEGMENTATION AND PARTICIPATION IN PROFITS TITLE I. - General provisions Art. 21-27 TITLE II. - Rules on transparency CHAPTER I. - General provisions concerning advertising and other documents and notices Art. 28 CHAPTER 2. - On information Art. 29-38 TITLE III. - Pricing, conditions and segmentation CHAPTER I. - General provisions Art. 39-41 CHAPTER 2. - On segmentation Art. 42-46 CHAPTER 3. [1 - Personal data concerning the insured's lifestyle or health from connected devices]1 Art. 46/1, 46/2, 46/3 TITLE IV. - Participation in profits Art. 47-53 PART 4. - THE TERRITORIAL INSURANCE CONTRACT TITLE I. - Scope and definitions Scope Art. 54 Definitions Art. 55 Mandatory rules Art. 56 TITLE II. - The insurance contract in general CHAPTER I. - Provisions common to all contracts Section I. - Conclusion of the contract Insurance proposal, pre-signed policy and insurance application Art. 57 Declaration obligation Art. 58 Intentional omission or inaccuracy Art. 59 Unintentional omission or inaccuracy Art. 60 Medical information Art. 61 Section Ibis. [1 - Right to be forgotten.]1 Sub-section I. [1 - Scope]1 Art. 61/1 Section 1/1. [1 Information document ]1 Art. 61/1/1 Sub-section 2. [1 - Balance remaining due insurance]1 Art. 61/2, 61/3, 61/4, 61/5, 61/6, 61/7 Sub-section 3. [1 - Work incapacity insurance]1 Art. 61/8, 61/9, 61/10, 61/11, 61/12, 61/13 Sub-section 4. [1 Travel cancellation insurance ]1 Art. 61/14, 61/15 Section II. - Extent of the guarantee Dol and fault Art. 62 War Art. 63 Section III. - Proof and content of the contract Proof and content of the contract Art. 64 Section IV. - Execution of the contract Partial or total forfeiture of the right to insurance benefits Art. 65 Combined policies Art. 66 Payment terms for the premium and insurance benefits Art. 67 Payment to minors, interdicted persons and other incapacitated persons Art. 68 Failure to pay the premium Art. 69 Summons to pay Art. 70 Effect of the suspension of the guarantee or termination of the contract Art. 71 Effects of suspension on premiums due
Art. 72 Premium credit Art. 73 Payment of insurance benefits and sanctions BR> Art. 73/1 Declaration of the loss Art. 74 Duties of the insured in case of loss Art. 75 Sanctions Art. 76 Section V. - Stipulation for another Stipulation for another Art. 77 Communication of the guarantee conditions Art. 78 Section VI. - Non-existence and modification of the risk Non-existence of the risk Art. 79 Decrease in risk Art. 80 Aggravation of risk Art. 81 Section VII. - Co-insurance and apérition Co-insurance Art. 82 Apérition Art. 83 Section VIII. - Forms of termination Forms of termination Art. 84 Section IX. - Duration and end of the contract Duration of obligations Art. 85 Termination in the case of certain tacitly renewable contracts BR> Art. 85/1, 85/2 Termination after loss Art. 86 Bankruptcy of the policyholder Art. 87 Section X. - Prescription Statute of limitations period Art. 88 Suspension and interruption of the statute of limitations Art. 89 Section XI. - Arbitration Arbitration Art. 90 CHAPTER 2. - Provisions specific to indemnity insurance Insurance interest Art. 91 Insurance for account Art. 92 Extent of insurance benefits Art. 93 Cumulation of insurance of different character Art. 94 Subrogation of the insurer Art. 95 Good faith over-insurance Art. 96 Bad faith over-insurance Art. 97 Under-insurance: proportional rule Art. 98 Distribution of the loss burden in case of multiple contracts Art. 99 Death of the policyholder beneficiary of the guarantee Art. 100 Contracts concluded intuitu personae Art. 101 CHAPTER 3. - Provisions specific to fixed-sum insurance Insurance interest Art. 102 Absence of subrogation Art. 103 Cumulation of indemnities and benefits Art. 104 TITLE III. - Damage insurance CHAPTER I. - General provisions Indemnity principle Art. 105 Salvage costs Art. 106 CHAPTER 2. - Property insurance contracts Section I. - Provisions common to all property insurance Sub-section I. - Insurable value Evaluation methods Art. 107 Fixing the insured amount Art. 108 Agreed value Art. 109 Sub-section 2. - Obligations of the insured State of the premises Art. 110 Sub-section 3. - Inter vivos assignment Inter vivos assignment of an insured thing Art. 111 Sub-section 4. - Payment of the indemnity and insurer's privilege Payment of an indemnification claim and
sanctions BR> Art. 111/1 Privileged and mortgage creditors Art. 112 Bankruptcy of the insured Art. 113 Insurer's privilege Art. 114 Section II. - Provisions specific to certain property insurance Sub-section I. - Insurance against fire Normal guarantee Art. 115 Guarantee extensions Art. 116 Furniture insurance Art. 117 Insurance of related liabilities Art. 118 Exclusivity clauses Art. 119 Rights of privileged and mortgage creditors Art. 120 Payment of the indemnity Art. 121 Art. 121 FUTURE LAW On-site expertise or expertise with an expert designated by the insured Art. 121/1 FUTURE LAW Right of the owner and third parties Art. 122 Sub-section 2. - Insurance against natural disasters concerning simple risks Coverage of natural disasters Art. 123 Natural disaster: definition Art. 124 Natural disaster: uniqueness Art. 125 Extent of the guarantee Art. 126 General exclusions Art. 127 Exclusions for the peril of flooding and overflow and backflow of public sewers Art. 128 Risk zones Art. 129 Payment of the indemnity Art. 130 Pricing bureau Art. 131 Natural Catastrophe Compensation Fund Art. 132 Sub-section 3. - Crop insurance Termination after loss Art. 133 Sub-section 4. - Credit insurance and surety insurance Scope Art. 134 Inapplicable or supplementary legal provisions Art. 135 Exclusions Art. 136 Definitive refusal of coverage Art. 137 Unintentional omission or inaccuracy in the risk declaration and aggravation of the risk Art. 138 Insurer's recourse Art. 139 Assignment of rights and obligations arising from the contract Art. 140 CHAPTER 3. - Liability insurance contracts Scope Art. 141 Obligations of the insurer after the expiration of the contract Art. 142 Litigation management Art. 143 Transmission of documents Art. 144 Failure to appear Art. 145 Scope of payment of an indemnification claim and sanctions in case of liability coverage BR> Art. 145/1 Payment of an indemnification claim and sanctions BR> Art. 145/2 Sanctions in case of lack of reasoned response in case of dispute BR> Art. 145/3 Suspension of deadlines BR> Art. 145/4 Limits to the scope BR> Art. 145/5 Payment by the insurer of the principal, interest and costs Art. 146 Free disposal of the indemnity Art. 147 Receipt for settlement Art. 148 Indemnification by the insured Art. 149 Right of the injured person Art. 150 Opposability of exceptions, nullities and
forfeitures Art. 151 [1 Insurer's right of recourse against the policyholder and the insured]1 Art. 152 Interventions in the procedure Art. 153 CHAPTER 4. - Legal protection insurance contracts Scope Art. 154 Fines and criminal settlements Art. 155 Free choice of advisors Art. 156 Insurer's right to refuse coverage Art. 157 TITLE IV. - Personal insurance CHAPTER I. - Common provisions Nominal character of the policy Art. 158 Insurance of young children Art. 159 CHAPTER 2. - Life insurance contracts Section I. - General provisions Scope Art. 160 Cumulation and absence of subrogation Art. 161 Section II. - Insured risk Incontestability Art. 162 Error on the age of the insured Art. 163 Excluded risks Art. 164 Occurrence of an excluded risk Art. 165 Section III. - Payment of premiums and taking effect of the contract Payment of the first premium Art. 166 Failure to pay a premium Art. 167 Obligation to pay premiums Art. 168 Section IV. - Rights of the policyholder a) Beneficiary attribution Designation of the beneficiary Art. 169 Absence of beneficiary Art. 170 Designation of the spouse Art. 171 Designation of children Art. 172 Joint designation of children and spouse as beneficiaries Art. 173 Designation of legal heirs as beneficiaries Art. 174 Predecease of the beneficiary Art. 175 b) Revocation of the benefit Right of revocation Art. 176 Effects of revocation Art. 177 c) Redemption and reduction Redemption and reduction rights Art. 178 d) Revival of the contract Revival Art. 179 e) Advance on benefits insured by the contract Right to advance Art. 180 f) Pledge of rights resulting from the contract Right to pledge Art. 181 Form Art. 182 g) Assignment of rights resulting from the contract Right of assignment Art. 183 Form Art. 184 Section V. - Rights of the beneficiary a) Right to insurance benefits Right to insurance benefits Art. 185 b) Acceptance of the benefit Right of acceptance Art. 186 Form Art. 187 c) Rights of the policyholder's heirs regarding the beneficiary Reporting or reduction in case of death of the policyholder Art. 188 d) Rights of the policyholder's creditors regarding the beneficiary Insurance benefits Art. 189 Reimbursement of premiums Art. 190 Section VI. - Effects of divorce or separation of bodies in
insurance between spouses jointly owned A. Divorce due to irretrievable breakdown Policyholder's rights during divorce proceedings Art. 191 Right to insurance benefits during divorce proceedings Art. 192 Right to insurance benefits due after the transcription of the divorce Art. 193 B. Divorce by mutual consent Policyholder's rights during the trial period Art. 194 Right to insurance benefits due during the trial period Art. 195 Right to insurance benefits due after the transcription of the divorce Art. 196 C. Separation of bodies Separation of bodies Art. 197 Section VII. [1 Payment deadline for a life insurance contract]1 Art. 197/1, 197/2, 197/3 CHAPTER 3. - Personal insurance contracts other than life insurance Character of the guarantees Art. 198 Fixed-sum insurance other than life insurance Art. 199 Choice of doctor Art. 200 CHAPTER 4. - Health insurance contracts Section I. - Preliminary provisions Definitions Art. 201 Section I/1. [1 - Common provisions to health care insurance referred to in Article 201, § 1, first paragraph, 1°]1 Benefits resulting from a suicide attempt Art. 201/1 Section II. - Non-work-related health insurance contracts Scope Art. 202 Duration of the insurance contract Art. 203 Tariff and contractual modifications Art. 204 Incontestability Art. 205 Chronic patients and disabled persons Art. 206-207 Section III. - Individual continuation of a work-related health insurance contract Conditions for granting Art. 208 Information to be provided by the insurer Art. 209 Guarantees Art. 210 Premium Art. 211 CHAPTER 5. - Provisions specific to certain insurance contracts guaranteeing the repayment of a credit capital Art. 212-218 Access to insurance under the conditions proposed by the Tariff Monitoring Bureau Art. 219-220 Conciliation body for balance remaining due insurance< Art. 221-224 PART 5. - THE INSURANCE CONTRACT OTHER THAN THE TERRITORIAL INSURANCE CONTRACT REFERRED TO IN PART 4 CHAPTER I. - General provisions Art. 225-227 CHAPTER 2. - Persons who may subscribe to an insurance contract Art. 228-232 CHAPTER 3. - Obligations of the insurer and the insured Art. 233-248 CHAPTER 4. - Proof and content of the contract Art. 249-251 CHAPTER 5. - Some cases of contract resolution Art. 252-255 CHAPTER 6. - On prescription Art. 256 PART 6. - INSURANCE INTERMEDIATION AND DISTRIBUTION OF INSURANCES CHAPTER I. - Definitions Art. 257 CHAPTER 2. [1 - General provisions]1 Art. 258 CHAPTER 3. [1 - On
registration]1 Section I. [1 - Obligation to register]1 Art. 259-263 Section II. [1 - Professional and organizational requirements for insurance intermediaries, ancillary insurance intermediaries and reinsurance intermediaries]1 Art. 264-267, 267/1, 267/2 Section III. [1 - Registration procedure]1 Art. 268 Section IV. [1 - European passport]1 Sub-section I. [1 - Exercise of the free provision of services]1 Art. 269 Sub-section II. [1 - Exercise of freedom of establishment]1 Art. 270 Sub-section III. [1 - Free provision of services and freedom of establishment in Belgium for intermediaries registered in another EEA State]1 Art. 271 Section V. [1 - Payment terms for the premium and insurance benefits]1 Art. 271/1 CHAPTER 4. [1 - Professional and organizational requirements for insurance and reinsurance companies]1 Art. 272-277 CHAPTER 5. [1 - Information obligations and conduct rules]1 Section I. [1 - Scope]1 Art. 278 Section 2. [1 - General principle]1 Art. 279 Section 3. [1 - Client categorization]1 Art. 280 Section 4. [1 - General information provided by the insurance intermediary, ancillary insurance intermediary or insurance company]1 Art. 281 Section 5. [1 - Conflicts of interest and transparency]1 Art. 283 Section 6. [1 - Provision of advice and sales practices in the absence of advice]1 Art. 284 Section 7. [1 - Information methods]1 Art. 285 Section 8. [1 - Cross-selling]1 Art. 286 Section 9. [1 - Incentives]1 Art. 287 Section 10. [1 - Product monitoring and governance and product knowledge requirements]1 Art. 288 Section 11. [1 - Client files]1 Art. 290 Section 12. [1 - Data retention]1 Art. 291 Section 13. [1 - Making information available to insurance product distributors]1 Art. 292 Section 14. [1 - Liability]1 Art. 293 Section 15. [1 - Additional requirements regarding insurance-based investment products]1 Sub-section I. [1 - Scope of additional requirements]1 Art. 294 Sub-section 2. [1 - Client information]1 Art. 295 Sub-section 3. [1 - Assessment of suitability and appropriateness]1 Art. 296 Sub-section 4. [1 - Incentive requirements regarding insurance-based investment products]1 Art. 296/1 Sub-section 5. [1 - Reporting requirements to clients regarding insurance-based investment products]1 Art. 296/2 PART 7. - THE ORGANIZATION OF CONTROL TITLE I. - The organization of control and collaboration between authorities Art. 297-303 TITLE II. - The exercise of control CHAPTER I. - General provisions Art. 304-305 CHAPTER 2. - Recovery measures Art. 306-312, 312/1, 313-315 CHAPTER 3. - On liability Art. 316 CHAPTER
4. - Specific competencies in the case of liquidation procedures and recovery measures Art. 317-318 TITLE III. - Administrative sanctions Art. 319-320 TITLE IV. - The Insurance Commission Art. 321 TITLE V. - The extrajudicial complaint handling system Art. 322-323 PART 8. - PENAL PROVISIONS Art. 324-330 PART 9. - PROVISIONS OF A DIVERSE NATURE TITLE I. - Transitional provisions Art. 331-339 TITLE II. - Implementing decrees Art. 340-342 TITLE III. - Modifying provisions Modifications of the law of 9 July 1975 on the control of insurance companiesArt. 343-366 TITLE IV. - Repealing provisions Art. 367 TITLE V. - Other provisions Art. 368-371 TITLE VI. - Entry into force Art. 372-373

Text

PART 1. - GENERAL PROVISIONS

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

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Art. 2. This law ensures the partial transposition of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the access to and exercise of the activities of insurance and reinsurance (Solvency II).

Object

Art. 3.This law aims to protect the rights of policyholders, insured persons, beneficiaries, and all third parties having an interest in the performance of insurance contracts, and for this purpose:

• to set the conditions and rules aimed at ensuring fair, equitable, and professional treatment of the interested parties and which are applicable to the activity of insurers;
• to determine the information rules to be respected during the offer and conclusion of an insurance contract and during the duration of this contract;
• to establish rules relating to advertising and information obligations in case of marketing in Belgium;
• to impose information rules and other rules regarding pricing, segmentation, and profit participation;
• to establish, with regard to the principle of good faith performance of contracts, the conditions and rules that organize the contractual relationship between the insurer, the policyholder, and, where applicable, the insured and/or the beneficiary;
• [1 to set the conditions relating to access to the activities of insurance and reinsurance distribution and to the exercise of these activities, as well as the requirements concerning public information and conduct rules applicable in this field; and]1
• [1 to organize the control of compliance with these requirements and these rules.]1

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(1)<L 2018-12-06/11, art. 11, 015; En vigueur : 28-12-2018>

Scope

Art. 4.§ 1. The obligations to which insurers are subject under this law are, in accordance with Article 3 and without prejudice to the limitations of the scope set by the law itself, applicable to the following entities:

• Belgian insurers;
• foreign insurers who have an establishment in Belgium; and
• foreign insurers who carry out insurance activities in Belgium without being established there.
  [3 ...]3 § 2. [3 The obligations to which insurance intermediaries, ancillary insurance intermediaries and/or reinsurance intermediaries are subject under this law, are applicable to these intermediaries if they have Belgium as their home Member State or carry out their activity in Belgium. Belgium is deemed to be the home Member State of an insurance intermediary, an ancillary insurance intermediary or a reinsurance intermediary if a) the intermediary having the status of a natural person is domiciled in Belgium; b) the intermediary having the status of a legal person has its statutory seat in Belgium.]3 § 3. [3 The King may, in order to fulfill obligations arising for Belgium from international treaties or agreements, exempt, by a decree deliberated in the Council of Ministers, foreign insurers, insurance intermediaries, ancillary insurance intermediaries or reinsurance intermediaries from all or part of the obligations resulting from this law; in this case, the King may, on the advice of the FSMA, set the rules and conditions to which these persons are subject.]3 § 4. In order to take into account the particularities of this form of insurance, the King may, by a decree deliberated in the Council of Ministers, taken on the advice of the FSMA and the OCM, exempt the mutual societies referred to in Articles 43bis, § 5, and 70, §§ 6, 7 and 8, of the Law of 6 August 1990 relating to mutualities and national unions of mutualities, from the application of one or more provisions of this law and specify the rules applicable to them in their place. § 5. This law is also applicable to mutual insurance associations. In order to take into account the particularities of this form of insurance, the King may however, on the advice of the FSMA, determine the provisions of this law that are not applicable to them and set the terms according to which other provisions apply. The King shall in this case, on the advice of the FSMA, adopt the special rules and terms to which these associations are subject. § 6. The King may, on the advice of the FSMA, exempt from the application of all or part of this law, cooperative societies that restrict their insurance activity to the municipality of their registered office or to that municipality and to neighboring municipalities and that satisfy the additional conditions that He sets. The King sets, on the advice of the FSMA, the special rules and terms to which these societies are subject. § 7. This law is not applicable to the following companies:
  1° mutual societies that are recognized in accordance with the Law of 23 June 1894 and that are not covered by the aforementioned Law of 6 August 1990; 2° mutualities, national unions of mutualities and mutual societies covered by the aforementioned Law of 6 August 1990 that cannot offer insurance and whose services referred to in Article 3, paragraph 1, b) and c), of that law meet each of the conditions provided for in Article 67, paragraph 1, of the Law of 26 April 2010 containing various provisions on the organization of supplementary health insurance (I); 3° professional pension institutions covered by the Law of 27 October 2006 relating to the control of professional pension institutions; 4° common funds, fixed premium private companies and public institutions insofar as they concern operations covered by the laws relating to the retirement and survival scheme for workers, employees, mine workers, sailors and self-employed workers; 5° [2 ...]2 In the cases referred to in point 5°, sub-points b), i. and ii., the condition that the accident or breakdown occurred on the territory of the Member State or country of origin of the company providing the coverage is not applicable when the company is an organization whose beneficiary is a member and the breakdown assistance or vehicle transport is carried out, upon simple presentation of the membership card, without payment of a surcharge, by a similar organization in the country concerned on the basis of a reciprocity agreement. [2 § 7/1. The provisions of Articles 8, 9, 10, 11 and 26 of this law are excluded from the scope of application, insofar as they are not subject to the provisions of this law or the Law of 13 March 2016 relating to the status and control of insurance or reinsurance companies for the exercise of other activities, for companies carrying out an assistance activity meeting the following conditions:
  a) assistance is provided in the event of an accident or breakdown affecting a road vehicle, when the accident or breakdown occurs on the territory of the Member State or country of origin of the company providing the coverage; b) the commitment regarding assistance is limited to the following operations:
  i. on-site breakdown assistance, for which the company uses, in most circumstances, its own staff and equipment;
  ii. transport of the vehicle to the nearest or most appropriate repair location where the repair can be carried out, as well as possible accompanying, normally by the same rescue means, the driver and passengers, to the nearest place from where they can continue their journey by other means.
  In the cases referred to in point b), i. and ii., the condition that the accident or breakdown occurred on the territory of the Member State or country of origin of the company providing the coverage is not applicable when the company is an organization whose beneficiary is a member and the breakdown assistance or vehicle transport is carried out, upon simple presentation of the membership card, without payment of a surcharge, by a similar organization in the country concerned on the basis of a reciprocity agreement.]2 § 8. By way of derogation from the provisions of paragraph 7, the King may, by a decree deliberated in the Council of Ministers, taken on the advice of the FSMA, submit the entities referred to in paragraph 7, 1°, 3°, 4° and 5°, to the application of all or part of this law. § 9. The provisions of this law are applicable, to the extent of the special rules and terms to be fixed by the King, on the advice of the FSMA, to public institutions carrying out insurance activities. § 10. The King may exempt insurers from the application of all or part of this law, with regard to the following insurance operations:
  1° insurance relating to transport or industrial or commercial risks; 2° insurance relating to special or exceptional risks that He determines; 3° reinsurance and coinsurance operations that He determines.
  The King may, on the advice of the FSMA, set special rules relating to the obligations and control of these insurers.

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(1)<L 2014-04-04/23, art. 344, 002; En vigueur : 01-01-2015> (2)<L 2016-06-29/01, art. 67, 005; En vigueur : 16-07-2016> (3)<L 2018-12-06/11, art. 12, 015; En vigueur : 28-12-2018>

Definitions

[Art. 4] [5]. For the application of this law and its implementing decrees and regulations, unless explicitly stated otherwise, the following terms shall be understood as:

1° "insurer": any person or company that, as a contracting party, offers to enter into one or more insurance contracts, regardless of the professional status of that person and whether or not actuarial techniques are used when concluding the contract;

2° "Belgian insurer": any person or company that meets the definition of insurer and whose head office is located in Belgium;

3° "EEA insurer": any person or company that meets the definition of insurer and whose head office is located in a Member State of the EEA, other than Belgium;

4° "foreign insurer": any person or company that meets the definition of insurer and whose head office is located outside Belgium;

5° "insurer from a third country": any person or company that meets the definition of insurer and whose head office is located outside the EEA;

6° "Belgian insurance company": an insurance company whose head office is located in Belgium and which has obtained authorization from the Bank to carry on insurance activities or which, under the regime established in Belgium in application of Article 4 of Directive 2009/138/EC, is authorized to carry on insurance activities in Belgium without having obtained authorization;

7° "EEA insurance company": an insurance company whose head office is located in a Member State of the EEA, other than Belgium, and which has obtained, in accordance with the legislation of its home Member State, authorization to carry on insurance activities;

8° "foreign insurance company": an insurance company whose head office is located outside Belgium;

9° "insurance company from a third country": an insurance company whose head office is located outside the EEA;

10° "authorization": the authorization granted by the competent authorities, in accordance with the legislation of the home Member State, for the purpose of carrying on insurance activities within the meaning of Article 14 of Directive 2009/138/EC;

10°/1 "close links": close links within the meaning of Article 15, 41°, of the Law of 13 March 2016;

11° "non-life activities group insurance": all operations relating to risks falling within the "non-life" activities group as determined in Annex I of the Royal Decree of 22 February 1991 laying down the general regulations relating to the supervision of insurance companies, or relating to the non-life insurance branches as mentioned in Annex A, point A, of Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct insurance other than life assurance, and its exercise, or in Annex I, Part A, of Directive 2009/138/EC;

12° "life activities group insurance": all operations relating to risks falling within the "life" activities group as determined in Annex I of the Royal Decree of 22 February 1991 laying down the general regulations relating to the supervision of insurance companies, or relating to the life insurance branches as mentioned in Annex I of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance, or in Annex II of Directive 2009/138/EC;

13° "capitalization operation": an operation based on an actuarial technique, under which, in exchange for single or periodic payments fixed in advance, one party, the insurer, undertakes towards another party, the capitalization operation policyholder, determined commitments regarding their duration and amount and independent of any random event whatsoever;

14° "insurance contract": a contract under which, in return for the payment of a fixed or variable premium, one party, the insurer, undertakes towards another party, the policyholder, to provide a benefit stipulated in the contract in the event that an uncertain event occurs, which, as the case may be, the insured or the beneficiary has an interest in not seeing materialize. For the application of this law and its implementing decrees and regulations, contracts relating to capitalization operations are also considered as insurance contracts. For these operations, the words "policyholder" shall be understood as "capitalization operation policyholder";

15° "property insurance": insurance in which the insurance benefit depends on an uncertain event that causes damage to a person's assets;

16° "personal insurance": insurance in which the insurance benefit or the premium depends on an uncertain event that affects a person's life, physical integrity, or family situation. For the application of this law and its implementing decrees and regulations, capitalization operations are also considered as personal insurance. However, given the absence of insured risk in capitalization operations, Articles 58, 59, 60, 61, 62, 63, 64, § 2, point 6°, and § 3, 69, 70, 71, 72, 74, 75, 76, 79, 80, 81, 84, § 2, 86, 87, 159 and 200, as well as Chapter 3 of Title II of Part 4 are not applicable to these operations;

16°/1 "insurance-based investment product": an insurance product with a life span or surrender value that is wholly or partially exposed, directly or indirectly, to market fluctuations, except:
a) non-life insurance products listed in Annex I of the Law of 13 March 2016 (non-life insurance branches); b) life insurance contracts where the benefits provided for by the contract are payable only in the event of death or incapacity due to accident, illness, or disability; c) retirement products that are recognized by the national law of a Member State as having the main objective of providing the investor with income upon retirement, and which entitle them to certain benefits; d) officially recognized occupational pension schemes falling within the scope of Directive 2016/2341 or Directive 2009/138/EC; e) individual retirement products for which an employer financial contribution is required under the national law of a Member State, and for which neither the employer nor the employee can choose the retirement product or the product provider. For the purposes of this law, and notwithstanding the provisions of the first paragraph, points a), b), c) and e), all other insurance products that constitute savings insurance or investment insurance are assimilated to insurance-based investment products, with the exception of the products referred to in the first paragraph, point d).

16°/2 "savings insurance": an insurance contract that:
a) falls under branches 21, 22 or 26 of the "life" activities group in Annex II of the Law of 13 March 2016 on the status and supervision of insurance and reinsurance undertakings and which has a savings component; or b) constitutes a combination of several contracts referred to in letter a);

16°/3 "investment insurance": an insurance contract that:
a) falls under branch 23 under the "life" activities group in Annex II of the Law of 13 March 2016 on the status and supervision of insurance and reinsurance undertakings; or b) constitutes a combination of one or more insurance contract(s) referred to in 16°/2, under a), and one or more insurance contract(s) referred to under a) or a combination of several insurance contracts referred to under a);

17° "insured":
a) in property insurance: the person covered by the insurance against asset losses; b) in personal insurance: the person on whose life the risk of the occurrence of the insured event rests. In a capitalization operation, there is no insured person;

18° "beneficiary": the person in whose favor insurance benefits are stipulated;

19° "premium": any kind of remuneration demanded by the insurer in exchange for its commitments;

19°/1 "professional client": any client meeting the criteria defined by the King on the advice of the FSMA;

19°/2 "retail client": a client who is not treated as a professional client;

19°/3 "durable medium": any instrument:
a) allowing a client to store information addressed to them personally, so that it can be consulted subsequently for a period appropriate to the purpose of that information, and b) allowing the exact reproduction of the stored information;

20° "insurance intermediary": any legal or natural person having the status of self-employed worker within the meaning of social legislation, other than an insurance or reinsurance company and other than an ancillary insurance intermediary, who, for remuneration, accesses the activity of insurance distribution or exercises it;

21° "reinsurance intermediary": any legal or natural person having the status of self-employed worker within the meaning of social legislation, other than a reinsurance company, who, for remuneration, accesses the activity of reinsurance distribution or exercises it;

21°/1 "insurance broker": the insurance intermediary who brings insurance policyholders and insurance companies together without being bound by the choice of these insurance companies;

21°/2 "reinsurance broker": the reinsurance intermediary who brings insurance companies and reinsurance companies together, without being bound by the choice of these reinsurance companies;

21°/3 "insurance agent": the insurance intermediary who, by virtue of one or more agreements or powers of attorney, in the name and on behalf of one or more insurance companies, exercises insurance distribution activities;

21°/4 "reinsurance agent": the reinsurance intermediary who, by virtue of one or more agreements or powers of attorney, in the name and on behalf of one or more reinsurance companies, exercises reinsurance distribution activities;

21°/5 "sub-agent for insurance": the insurance intermediary, other than that referred to in points 21°/1 and 21°/3, who, for all their insurance distribution activities, acts under the full and unconditional responsibility of a single insurance broker or insurance agent having Belgium as their home Member State;

21°/6 "sub-agent for reinsurance": the reinsurance intermediary, other than that referred to in points 21°/2 and 21°/4, who, for all their reinsurance distribution activities, acts under the responsibility of a single reinsurance broker or reinsurance agent having Belgium as their home Member State;

21°/7 "tied insurance agent": the insurance agent who, by virtue of one or more agreement(s) or power(s) of attorney, can only exercise an insurance distribution activity, in the name and on behalf, of:

• a single insurance company; or
• several insurance companies provided that the insurance contracts of these companies do not compete with each other;
  and acts under the full responsibility of such company/those companies for the insurance contracts concerning them respectively.
  For the purposes of this article, the following insurance contracts are considered as "insurance contracts competing with each other":
• insurance contracts falling under the "life" activities group referred to in Annex II of the Law of 13 March 2016 on the status and supervision of insurance and reinsurance undertakings, which meet the definitions of savings or investment insurance;
• insurance contracts falling under the "life" activities group referred to in Annex II of the Law of 13 March 2016 on the status and supervision of insurance and reinsurance undertakings, other than those meeting the definitions of savings or investment insurance; as well as,
• insurance contracts falling under the "non-life" activities group when they fall under the same branch within the meaning of Annex I of the Law of 13 March 2016 on the status and supervision of insurance and reinsurance undertakings;

21°/8, a), "head of distribution":

• any natural person belonging to the management of an insurance intermediary, an ancillary insurance intermediary or a reinsurance intermediary or any employee working for such an intermediary, who de facto assumes responsibility towards persons directly participating in the insurance or reinsurance distribution activities of that intermediary and exercises control over those persons;
• any natural person who, in an insurance or reinsurance company, de facto assumes responsibility towards persons in charge of the distribution of insurance products or exercises control over such persons;

21°/8, b), "person in contact with the public": any natural person other than the head of distribution who, at an insurance intermediary, an ancillary insurance intermediary or a reinsurance intermediary or at an insurance or reinsurance company, directly participates in insurance or reinsurance distribution activities and who, for this purpose, in any way whatsoever, is in contact with the public;

21°/9 "mandated underwriter": the insurance intermediary who, as agent for one or more insurance companies, has the power to accept to cover risks and to conclude and manage insurance contracts in the name and on behalf of those companies;

22° "establishment": the head office or branch of a company or person;

23° "head office": in the case of a legal person, the real seat and, in the case of a natural person, the center of business;

24° "branch": any agency or branch of a company established in a country other than the country of origin of that company; any permanent presence of a company is assimilated to a branch, even if this presence has not taken the form of a branch or agency, but is exercised by means of a simple office managed by the company's own staff, or by an independent person but mandated to act permanently for the company as an agency would;

25° "EEA": the European Economic Area;

26° "Member State": a State that is a member of the EEA;

27° "third country": a State that is not a member of the EEA;

28° "freedom to provide services": the activity by which an EEA insurance company covers risks or takes commitments in another Member State, from its head office or a branch located in another Member State. Provided that this is in conformity with Belgian legislation on the matter, this concept also covers the activity by which a third-country insurance company covers risks or takes commitments in Belgium, from its head office or a branch located in another country;

29° "home Member State":

1. for an insurance company, one of the following Member States:
   a) concerning non-life activities group insurance, the Member State in which the head office of the insurer covering the risk is located; b) concerning life activities group insurance, the Member State in which the head office of the insurer taking the commitment is located;
2. for an insurance intermediary, an ancillary insurance intermediary or a reinsurance intermediary:
   a) when the intermediary is a natural person, the Member State in which their residence is located; b) when the intermediary is a legal person, the Member State in which its registered office is located or, if it has no registered office under its national law, the Member State in which its central administration is located;

30° "home country": one of the following countries:
a) concerning non-life activities group insurance, the country in which the head office of the insurer covering the risk is located; b) concerning life activities group insurance, the country in which the head office of the insurer taking the commitment is located;

31° "host Member State":

1. for an insurance company: the Member State, other than the home country or home Member State, in which an insurer has a branch or provides services; for life activities group insurance and non-life activities group insurance, the Member State of service provision is understood as the Member State of the commitment or the Member State where the risk is located, respectively, when said commitment or risk is covered by an insurer or branch located in another Member State;
2. for an insurance intermediary, an ancillary insurance intermediary or a reinsurance intermediary: the Member State in which the intermediary has a permanent presence or establishment or provides services, and which is not its home Member State;

32° "Member State where the risk is located": one of the following Member States:
a) the Member State where the property is located, when the insurance relates either to immovable property or to immovable property and its contents, insofar as the latter is covered by the same insurance policy; b) the Member State of registration, when the insurance relates to vehicles of any kind; c) the Member State where the policyholder takes out the policy, if it is a contract of a duration of four months or less, relating to risks incurred during a trip or holiday, regardless of the branch concerned; d) in all cases not expressly covered by points a., b. or c., the Member State where one of the following elements is located:
i. the habitual residence of the policyholder; or
ii. if the policyholder is a legal person, the establishment of the policyholder to which the contract relates;

33° "Member State of commitment": the Member State where one of the following elements is located:
a) the habitual residence of the policyholder; b) if the policyholder is a legal person, the establishment of the policyholder to which the contract relates;

34° "competent authorities": the national authorities empowered, by virtue of a law or regulation, to control, as the case may be, insurance intermediaries, ancillary insurance intermediaries and/or reinsurance intermediaries, and/or insurance or reinsurance companies, and/or the activity of insurers, reinsurers and/or insurance intermediaries, ancillary insurance intermediaries or reinsurance intermediaries, with regard to the protection of policyholders, insured persons, beneficiaries and all third parties having an interest in the execution of the insurance contract;

35° "the Minister": the Minister who has insurance within their portfolio;

36° "the Bank": the National Bank of Belgium, referred to in the Law of 22 February 1998 laying down the organic statute of the National Bank of Belgium. For mutual societies referred to in Articles 43bis, § 5, and 70, §§ 6, 7 and 8, of the Law of 6 August 1990 relating to mutual societies and national unions of mutual societies, the words "the Bank" appearing in Articles 5, point 6°, 17 and 41 must be read as "the OCM";

37° "the FSMA": the Financial Services and Markets Authority, referred to in Article 44 of the Law of 2 August 2002 relating to the supervision of the financial sector and financial services;

38° "the OCM": the Office for the Supervision of Mutual Societies and National Unions of Mutual Societies, referred to in Article 49 of the Law of 6 August 1990 relating to mutual societies and national unions of mutual societies;

39° "large risks":
a) risks falling under branches 4, 5, 6, 7, 11 and 12 of Annex I of the Royal Decree of 22 February 1991 laying down the general regulations relating to the supervision of insurance companies, or classified under branches 4, 5, 6, 7, 11 and 12 of Annex A, point A, of Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct insurance other than life assurance, and its exercise, or under branches 4, 5, 6, 7, 11 and 12 of Annex I, Part A, of Directive 2009/138/EC; b) risks falling under branches 14 and 15 of Annex I of the Royal Decree of 22 February 1991 laying down the general regulations relating to the supervision of insurance companies, or classified under branches 14 and 15 of Annex A, point A, of Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct insurance other than life assurance, and its exercise, or under branches 14 and 15 of Annex I, Part A, of Directive 2009/138/EC, when the policyholder exercises an industrial, commercial or liberal professional activity and the risks relate to that activity;

c) risks falling under branches 3, 8, 9, 10, 13 and 16 of Annex I of the Royal Decree of 22 February 1991 laying down the General Regulation on the supervision of insurance undertakings, or classified under branches 3, 8, 9, 10, 13 and 16 of Annex A to Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct insurance other than life assurance, and its exercise, or under branches 3, 8, 9, 10, 13 and 16 of Annex I, Part A, to Directive 2009/138/EC, provided that the policyholder exceeds the numerical limits of at least two of the following criteria:
i. a total balance sheet of 6,200,000 euros;
ii. a net turnover amount, within the meaning of the Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty and concerning the annual accounts of certain types of companies, of 12,800,000 euros;
iii. an average number of 250 employees during the financial year.
If the policyholder is part of a group of undertakings for which consolidated accounts are drawn up in accordance with Directive 83/349/EEC, the criteria set out in the first subparagraph, point c), are applied on the basis of the consolidated accounts; 40° [2 "reinsurance undertaking": an undertaking as defined in Article 5, first subparagraph, 2°, of the Law of 13 March 2016 on the status and supervision of insurance and reinsurance undertakings;]2 41° "the Law of 2 August 2002": the Law of 2 August 2002 on the supervision of the financial sector and financial services; 42° [2 "the Law of 13 March 2016": the Law of 13 March 2016 on the status and supervision of insurance and reinsurance undertakings;]2 43° [6 "the IDD Directive": Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution;]6 44° "Directive 2009/138/EC": Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II); 45° "Directive 2009/65/EC": Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS); 46° [6 "insurance distribution": any activity consisting of providing advice on insurance contracts, proposing or carrying out other work preparatory to the conclusion of insurance contracts, or concluding such contracts, or contributing to the management and execution of such contracts, in particular in the event of a claim, including the provision of information on one or more insurance contracts on the basis of chosen criteria by the client on an internet site or by other means of communication and the establishment of a ranking of insurance products including a comparison of prices and products, or a premium discount, when the client can conclude a contract directly or indirectly by means of an internet site or other means of communication. The following are not considered as insurance distribution:
a) the management, by public administrations or consumer associations, of internet sites whose purpose is not to conclude a contract, but simply to propose a comparison of the insurance products available on the market; b) the provision of information on an occasional basis as part of another professional activity when the provider does not take any other measures to help conclude or execute an insurance contract; c) the professional management of claims of an insurance undertaking as well as the activities of assessment and settlement of claims; d) the mere provision of data and information on potential policyholders to insurance intermediaries or insurance undertakings, when the provider does not take any other measures to help the client conclude an insurance contract; e) the mere provision of information on insurance products, on an insurance intermediary or on an insurance undertaking to potential policyholders, when the provider does not take any other measures to help the client conclude an insurance contract;]6 47° [6 "advice": the provision of personalised recommendations to a client, at the client's request or on the initiative of the distributor of insurance products, regarding one or more insurance contracts;]6 48° "personalised recommendation": a recommendation which is presented as suitable for that person, or is based on an examination of the circumstances of that person in relation to one or more insurance contract(s). A recommendation is not considered personalised if it is exclusively disseminated through distribution channels within the meaning of Article 2, first subparagraph, 26°, of the Law of 2 August 2002, or is intended for the public; 49° [6 "reinsurance distribution": activities, including when these activities are carried out by a reinsurance undertaking without the intervention of a reinsurance intermediary, consisting of providing advice on reinsurance contracts, proposing or carrying out other work preparatory to the conclusion of reinsurance contracts, or concluding such contracts, or contributing to the management and execution of such contracts, in particular in the event of a claim. The following are not considered as reinsurance distribution:
a) the provision of information on an occasional basis as part of another professional activity when these activities do not have the object of helping the client conclude or execute a reinsurance contract; b) the professional management of claims of a reinsurance undertaking as well as the activities of assessment and settlement of claims; c) the mere provision of data and information on potential policyholders to reinsurance intermediaries or reinsurance undertakings, when the provider does not take any other measures to help the client conclude a reinsurance contract; d) the mere provision of information on reinsurance products, on a reinsurance intermediary or on a reinsurance undertaking to potential clients, when the provider does not take any other measures to help the client conclude a reinsurance contract;]6 50° "retail client": a retail client within the meaning of Article 2, first subparagraph, 29°, of the Law of 2 August 2002; [1 51° "the Law of 25 April 2014": [4 the Law of 25 April 2014 on the status and supervision of credit institutions and securities firms]4;]1 [3 52° "EIOPA": the European Insurance and Occupational Pensions Authority, referred to in Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC; 53° [5 ...]5 54° [5 ...]5]3 [6 55° "insurance product distributor": any insurance intermediary, any ancillary insurance intermediary or any insurance undertaking;]6 [6 56° "ancillary insurance intermediary": any natural or legal person other than a credit institution or an investment firm within the meaning of Article 4(1), points 1) and 2), of Regulation (EU) No 575/2013 of the European Parliament and of the Council, and who, for remuneration, accesses the activity of insurance distribution on an ancillary basis or exercises it, provided that all of the following conditions are met:
a) insurance distribution does not constitute the main professional activity of that natural or legal person; b) the natural or legal person distributes only certain insurance products which constitute a complement to a good or a service; c) the insurance products concerned do not cover life insurance or liability risks, unless such coverage constitutes a complement to the good or service provided as part of the main professional activity of the intermediary. An ancillary insurance intermediary may act under the responsibility of an insurance undertaking or an insurance broker or agent;]6 [6 57° "insurance undertaking": an undertaking within the meaning of Article 13, point 1), of Directive 2009/138/EC of the European Parliament and of the Council;]6 [6 58° "remuneration": any commission, any fee, any charge or any other type of payment, including any economic benefit of any nature or any other advantage or any other financial or non-financial incentive, proposed or offered in relation to insurance distribution activities.]6 [8 59° "Regulation 2019/2088": Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on the disclosure of sustainability-related information in the financial services sector;]8 [8 60° "Regulation 2020/852": Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment and amending Regulation (EU) 2019/2088;]8 [9 61° attempted suicide: unusual behaviour that has not resulted in death, which the person initiates and adopts while expecting or risking death or bodily harm in order to obtain desired changes;]9 [10 62° Regulation 2022/2554: Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009, (EU) No 648/2012, (EU) No 600/2014, (EU) No 909/2014 and (EU) 2016/1011.]10 ---------- (1)<L 2015-10-26/06, art. 82, 003; En vigueur : 09-11-2015> (2)<L
2016-03-13/07, art. 720, 004; En vigueur : 23-03-2016; voir aussi l'art. 756> (3)<L 2016-06-29/01, art. 68, 005; En vigueur : 16-07-2016> (4)<L 2016-10-25/04, art. 158, 006; En vigueur : 28-11-2016> (5)<L 2017-04-18/03, art. 50, 007; En vigueur : 31-12-2016> (6)<L 2018-12-06/11, art. 13, 015; En vigueur : 28-12-2018> (7)<L 2019-04-03/02, art. 28, 016; En vigueur : 10-04-2019> (8)<L 2021-07-04/04, art. 62, 025; En vigueur : 23-07-2021> (9)<L 2024-04-21/07, art. 2, 035; En vigueur : 01-11-2024> (10)<L 2025-03-25/05, art. 43, 037; En vigueur : 08-05-2025>

Art. 6. § 1. For the application of this Law and its implementing decrees and regulations concerning insurance in the "non-life" activity group, the risk is deemed to be located in Belgium when:
a) the assets are located in Belgium, in the case of insurance relating either to immovable property or to immovable property and its contents, insofar as the latter is covered by the same insurance policy; b) the registration takes place in Belgium, in the case of insurance relating to vehicles of any kind; c) the policyholder took out the policy in Belgium, if it is a contract of a duration of four months or less, relating to risks incurred during a trip or holiday, regardless of the branch concerned; d) in all cases not expressly covered by points a), b) or c), one of the following elements is located in Belgium:
i. the habitual residence of the policyholder; or
ii. if the policyholder is a legal person, the establishment of the policyholder to which the contract relates.
§ 2. For the application of this Law and its implementing decrees and regulations concerning insurance in the "life" activity group, the commitment is deemed to be located in Belgium when:
a) the habitual residence of the policyholder is located in Belgium; b) the establishment of the policyholder, who is a legal person, and to which the contract relates, is located in Belgium.
§ 3. For the application of this Law, the "policyholder" must be understood as the "prospective policyholder" if it concerns pre-contractual obligations.
§ 4. For the application of this Law, "insurance undertaking" means each of the following undertakings:

• a Belgian insurance undertaking;
• an EEA insurance undertaking;
• a foreign insurance undertaking which is not an EEA insurance undertaking and which has obtained the legally required authorisation from the Bank to carry on insurance activities in Belgium by way of a branch;
• an insurance undertaking from a third country which meets all the legal conditions to carry on activities in Belgium under the freedom to provide services regime.
  § 5. For the application of this Law, "insurer authorised by law to carry on insurance activities in Belgium" means one of the following insurers:
• either a Belgian insurance undertaking;
• either an EEA insurance undertaking;
• either a foreign insurance undertaking which is not an EEA insurance undertaking and which has obtained the legally required authorisation from the Bank to carry on insurance activities in Belgium by way of a branch;
• either an insurance undertaking from a third country which meets all the legal conditions to carry on activities in Belgium under the freedom to provide services regime;
• either an insurer, other than the aforementioned, who, where applicable, on the basis of the legislation applicable to him, has complied with the legally required procedures to carry on insurance activities in Belgium.

PART 2. - SPECIFIC PROVISIONS CONCERNING THE EXERCISE OF ACTIVITIES

TITLE I. - General provisions

Art. 7. This Part does not affect the obligations arising, for insurance undertakings [1 , from the Law of 13 March 2016,]1 from the Law of 10 April 1971 on work accidents and from the Law of 3 July 1967 on the prevention and repair of damage resulting from work accidents, accidents on the way to work and occupational diseases in the public sector. ---------- (1)<L 2016-03-13/07, art. 721, 004; En vigueur : 23-03-2016; voir aussi l'art. 756>

Art. 8. Insurance contracts concluded by an insurer not authorised by law to carry on insurance activities in Belgium are null and void. For foreign insurers, this sanction of nullity is limited to contracts relating to risks or commitments located in Belgium.
The insurer is, however, required to fulfil the obligations it has undertaken if the policyholder subscribed in good faith. Notwithstanding any contrary stipulation detrimental to the policyholder, the insured and/or the beneficiary, the insurer is also liable for the damage caused by the nullity of the contract concerned to the policyholder, the insured or the beneficiary. The damage is presumed, irrebuttably, to result from the illegal conclusion of the insurance contract by an insurer not authorised by law to carry on insurance activities in Belgium.

Art. 9. Belgian insurers must exclude from their statutes any provision prejudicial to policyholders, insured persons, beneficiaries and third parties having an interest in the execution of the insurance contract.

Art. 10. The statutes of Belgian mutual insurance associations must mention, under penalty of nullity:

• the conditions and method of admission, resignation and exclusion of members;
• the method of fixing and collecting contributions or premiums as well as any supplements for the settlement of claims;
• the procedure to be followed in the event of amendments to the statutes or liquidation of the association, without prejudice to the provisions of this Part.

Art. 11. Regarding members' accounts, the statutes of Belgian mutual insurance associations provide:
a) that payments in favour of members from these accounts are only possible if this does not have the effect of reducing the components of regulatory own funds below the required level or, after the dissolution of the undertaking, only if all its other debts have been settled; b) that the Bank is notified at least one month in advance of any payment made for purposes other than the individual termination of affiliation, and that it may, during this period, prohibit the payment.

Art. 12. § 1. Belgian insurance undertakings communicate to the FSMA at least three weeks before the meeting of the general meeting or, failing that, the decision-making body of the undertaking, the draft amendments to the statutes, as well as the draft decisions they intend to take at this meeting which are likely to have an impact on the rights and obligations of policyholders, insured persons, beneficiaries and third parties having an interest in the execution of insurance contracts. The FSMA may require that the observations it formulates concerning these drafts be brought, according to the modalities it determines, to the knowledge of the general meeting or, failing that, the decision-making body of the undertaking. These observations and the responses to them must be included in the minutes. § 2. The provisions of the statutes of Belgian mutual insurance associations relating to the criteria referred to in Article 11 may only be modified after the FSMA has declared that it does not oppose the modification.

Art. 13. Belgian insurers and foreign insurers other than EEA insurance undertakings communicate to the FSMA within one month following their approval by the general meeting or, failing that, by the decision-making body, the amendments to the statutes as well as the decisions which may have an impact on the rights and obligations of policyholders, insured persons, beneficiaries and third parties having an interest in the execution of insurance contracts. The FSMA opposes, within a maximum period of one month from the date on which it became aware of them, the execution in Belgium of all amendments or decisions referred to in the preceding subparagraph, which would violate the provisions of this Law or its implementing decrees and regulations.

Art. 14. Belgian insurers must retain all documents relating to the insurance contracts they have entered into. Foreign insurers other than EEA insurance companies must retain all documents relating to contracts entered into by their Belgian establishment, or relating to contracts where the risk or commitment is located in Belgium. [1 ...]1

Photographic, microphotographic, magnetic, electronic, or optical copies of the documents held by Belgian insurers and foreign insurers other than EEA insurance companies serve as evidence just like the originals, which are presumed, unless proven otherwise, to be a faithful copy when they have been established by one of these insurers or under its control. The King may, on the advice of the FSMA, set the conditions and procedures for the establishment of these copies.

Without prejudice to other legal provisions, the FSMA and the Bank may fix, by regulation, the mandatory retention period for these documents.

(1)<L 2023-11-05/07, art. 103, 030; En vigueur : 21-12-2023>

Art. 15. Insurers who carry out insurance activities in Belgium are required to comply with the general legal and regulatory provisions applicable in Belgium to insurers and their operations.

Art. 16. Belgian insurance companies and foreign insurance companies carrying out insurance activities in Belgium otherwise than under the regime of freedom to provide services, adopt the necessary organizational measures regarding their management structure, their administrative and accounting organization, their control and security mechanisms in the field of information technology, and their internal control, with a view to complying with the rules aimed at ensuring fair, equitable, and professional treatment of interested parties. [1 Insurers who market insurance contracts in Belgium and/or conclude insurance contracts where the risk or commitment is located in Belgium, put in place appropriate structures and systems to satisfy all information obligations and other rules aimed at ensuring fair, equitable, and professional treatment of interested parties, as imposed in accordance with this law or its implementing decrees and regulations. The statutory governing body of the insurer supervises the procedure for publishing or communicating all information required in accordance with this law or its implementing decrees and regulations.]1 ---------- (1)<L 2016-06-29/01, art. 69, 005; En vigueur : 16-07-2016>

Art. 16/1.[1 Insurers who market insurance contracts in Belgium and/or conclude insurance contracts where the risk or commitment is located in Belgium, put in place appropriate structures and systems to satisfy the requirements of [2 article 304, § 2]2, as well as a written policy, approved by the statutory governing body of the insurer, which guarantees the permanent adequacy of the information communicated to the FSMA.]1 ---------- (1)<Inséré par L 2016-06-29/01, art. 70, 005; En vigueur : 16-07-2016> (2)<L 2018-12-06/11, art. 14, 015; En vigueur : 28-12-2018>

Art. 16/2.[1 § 1st. An insurer who outsources operational functions, activities, or tasks retains full responsibility for compliance with all obligations incumbent upon it under this law and its implementing decrees and regulations. Outsourcing must not impair the continuous provision of a satisfactory level of service to policyholders, insured persons, and beneficiaries of insurance contracts. It must not compromise the ability of the FSMA to verify that the insurer complies with its obligations provided for by or under this law and its implementing decrees and regulations. § 2. If the insurer outsources operational functions, activities, or tasks that are directly or indirectly linked to the obligations provided for by this law or its implementing decrees and regulations, it takes the necessary measures to ensure that the following conditions are met:
a) the delegatee must cooperate with the FSMA regarding the outsourced function or activity; b) insurers, persons responsible for auditing their accounts, and the FSMA must have effective access to data relating to the outsourced functions or activities; c) the FSMA must have effective access to the premises of the delegatee and must be able to exercise this right of access in accordance with [2 article 304, § 2]2. § 3. If the insurer outsources, in the context of insurance operations related to an investment fund, the management of said fund, the following conditions must additionally be met:
1° the insurer must be able to objectively justify its entire delegation structure; 2° the delegation may only be conferred on companies authorized or registered for asset management and subject to supervision, or, if this condition cannot be met, only with the prior approval of the FSMA; 3° when the delegation is conferred on a company from a third country, in addition to the obligations provided for in point 2°, cooperation between the FSMA and the supervisory authority of the company must be ensured; 4° the insurer must be able to prove that the delegatee is qualified and capable of exercising the functions in question, that all due diligence has been exercised in its selection, and that the insurer is able to effectively monitor the delegated task at all times, give additional instructions to the delegatee at any time, and withdraw the delegation with immediate effect when this is in the interest of policyholders or beneficiaries. The insurer continuously examines the services provided by each delegatee.]1 ---------- (1)<Inséré par L 2016-06-29/01, art. 71, 005; En vigueur : 16-07-2016> (2)<L 2018-12-06/11, art. 15, 015; En vigueur : 28-12-2018>

TITRE II. - Assignments of insurance contracts

Art. 17. Assignments of rights and obligations resulting from contracts relating to risks or commitments located in Belgium are enforceable against policyholders, insured persons, beneficiaries, and all third parties having an interest in the execution of the insurance contract when they have been authorized by the Bank or by the competent authorities of another Member State. Without prejudice to the application of articles 34 and 36, this enforceability takes effect on the date of the publication [1 referred to in articles 106 or 567, § 2, of the law of 13 March 2016]1. ---------- (1)<L 2016-03-13/07, art. 722, 004; En vigueur : 23-03-2016; voir aussi l'art. 756>

Art. 18.§ 1st. Policyholders have the option to terminate their contract in the forms prescribed in article 84, § 1st, within a period of three months from the publication [1 referred to in articles 106 or 567, § 2, of the law of 13 March 2016]1. This termination takes effect upon the expiration of a period of one month from the day after the service of the bailiff's deed, from the day after the date of the receipt, or from the day after the deposit of the registered letter or the annual premium due date if it is earlier. § 2. The provisions of paragraph 1st do not apply to mergers and demergers of insurance companies, nor to assignments carried out in the context of a transfer of the generality of assets or a branch of activity, nor to other assignments between insurance companies that are part of the same consolidated group. ---------- (1)<L 2016-03-13/07, art. 723, 004; En vigueur : 23-03-2016; voir aussi l'art. 756>

TITRE III. - Specific rules concerning insurance in the "life" activity group linked to investment funds

Art. 19.§ 1st. Regarding insurance contracts under which the investment risk is borne directly or indirectly by the policyholder, insurance benefits may be linked, directly or indirectly, only to assets and instruments whose risks the insurer is able to assess well. The insurer informs the policyholder, before the conclusion of the contract and in clear terms, about the risk borne by the latter. § 2. The contract may include a guarantee of minimum yield only if this guarantee is covered by an undertaking taken from a company authorized for this purpose in the European Union. [1 § 3. The King defines, on the advice of the FSMA, the rules relating to the nature of the investment fund, the determination and evolution of the value of the investment fund, the management of the investment fund, and the preparation of financial reports concerning the investment fund.]1 ---------- (1)<L 2016-06-29/01, art. 72, 005; En vigueur : 16-07-2016>

Art. 20.
<Abrogé par L 2017-04-18/03, art. 51, 007; En vigueur : 04-05-2017>

Art. 20/2.
<Abrogé par L 2018-12-06/11, art. 16, 015; En vigueur : 28-12-2018>

PARTIE 3. - THE OFFER AND CONCLUSION OF CONTRACTS: INFORMATION, ADVERTISING, PRICING, SEGMENTATION AND PARTICIPATION IN PROFITS

TITRE Ier. - General provisions

Art. 21. For the drafting of all documents relating to the conclusion and execution of insurance contracts, insurers and insurance intermediaries are required to comply with the rules fixed, under this law, by the King on the advice of the FSMA.

Art. 22.§ 1st. [2 The insurance contracts as a whole, the general, special, and particular conditions, as well as all other clauses that form the conditions of the insurance contract]2 which are not in conformity with the provisions of parts 2 and 3 and their implementing decrees and regulations, [1 or with the provisions of the law of 13 March 2016]1 and its implementing decrees and regulations, are deemed to have been established upon the conclusion of the contract in conformity, as the case may be, with the provisions of parts 2 and 3 and their implementing decrees and regulations, [1 or with the provisions of the law of 13 March 2016]1 and its implementing decrees and regulations. § 2. [1 ...]1 ---------- (1)<L 2016-03-13/07, art. 724, 004; En vigueur : 23-03-2016; voir aussi l'art. 756> (2)<L 2024-05-03/21, art. 66, 032; En vigueur : 10-06-2024>

Art. 23.§ 1st. [1 The insurance contracts as a whole, the general, special, and particular conditions, as well as all other clauses that form the conditions of the insurance contract, must be drafted in clear and precise terms.]1 They may not contain any clause likely to undermine the equivalence between the commitments of the insurer and those of the policyholder. § 2. In case of doubt as to the meaning of a clause, the interpretation most favorable to the policyholder prevails in all cases. If the policyholder and the insured person are not the same person, the interpretation most favorable to the insured person prevails. The first paragraph does not apply to insurance contracts relating to large risks, with the exception of the risks referred to in article 5, 39°, point b), insofar as the policyholder exercises a liberal profession and the risk relates to the exercise of this profession. ---------- (1)<L 2024-05-03/21, art. 67, 032; En vigueur : 10-06-2024>

Art. 24. Without prejudice to the application of international treaties or agreements, all clauses and all agreements attributing jurisdiction to foreign courts, to the exclusion of the Belgian judge, to hear all disputes relating to insurance contracts are null and void.

Art. 25. Contracts intended to satisfy an insurance obligation imposed by Belgian law are governed by Belgian law.
When the insurance contract provides coverage in several Member States, at least one of which imposes an obligation to take out insurance, the contract is considered, for the application of this article, as comprising several contracts, each of which would relate only to a single Member State.

Art. 26. § 1st. Insurers who offer "non-life" activity group insurance made mandatory in Belgium are required to inform the FSMA thereof.
§ 2. The FSMA may require insurers referred to in paragraph 1st to communicate to the FSMA and the Bank, prior to their distribution, the general and special conditions of these "non-life" activity group insurance products made mandatory in Belgium.
§ 3. The information and documents referred to in paragraphs 1st and 2 must be drafted at least in the language imposed by law or decree.

Art. 27. If the insurer must, under Belgian law imposing the insurance obligation, declare any cessation of coverage to the authorities, this cessation is enforceable against injured third parties only under the conditions provided for by Belgian law.

TITRE II. - Rules on transparency

CHAPITRE 1er. - General provisions concerning advertisements and other documents and notices

Art. 28. § 1st. All documents brought to the attention of the public in Belgium by insurers or insurance intermediaries must include the mentions fixed by the King, on the advice of the FSMA.
§ 2. The King may, on the advice of the FSMA, fix rules concerning the content and mode of presentation of notices, advertisements, and other marketing documents relating to insurance contracts offered and/or marketed in Belgium by an insurer or an insurance intermediary.
§ 3. Notices, advertisements, and other documents relating to insurance contracts offered and/or marketed in Belgium by an insurer or an insurance intermediary must at least meet the following conditions:
1° the information they contain may not be misleading or inaccurate; 2° the data they contain are compatible with other information the law requires to be communicated to the prospective policyholder.
Promotional communications must be clearly recognizable as such.
§ 4. For the purposes of this article, "marketing" means the presentation of an insurance contract, in any manner whatsoever, with a view to encouraging the policyholder or prospective policyholder to enter into an insurance contract.
§ 5. As long as the limitation period provided for actions brought against an insurer or an insurance intermediary has not expired and during a period of at least two years from the expiration of the last insurance contract to which these notices, advertisements, and other documents relate, insurers and insurance intermediaries retain a copy of the notices, advertisements, and other documents referred to in paragraph 3. § 6. Photographic, microphotographic, magnetic, electronic, or optical copies of notices, advertisements, and other documents serve as evidence just like the originals, which are presumed, unless proven otherwise, to be a faithful copy when they have been established by insurers and/or insurance intermediaries or under their control. The King may, on the advice of the FSMA, fix the conditions and procedures for the establishment of these copies.

CHAPITRE 2. - Information

Art. 29. The provisions of this chapter apply to insurance contracts where the risk or commitment is located in Belgium.

Art. 30.[1§ 1st. ]1 All documents intended for the policyholder, the insured person, the beneficiary, and any third party having an interest in the execution of the insurance contract must include the mentions fixed by the King, on the advice of the FSMA. [1 § 2. [2 ...]2]1 ---------- (1)<L 2016-06-29/01, art. 74, 005; En vigueur : 16-07-2016> (2)<L 2017-04-18/03, art. 52, 007; En vigueur : 31-12-2016>

Art. 31. When Belgian law requires proof of the taking out of mandatory insurance, the insurer must issue to the insured person an attestation certifying that the mandatory insurance contract has been taken out.
The King determines, on the advice of the FSMA, the elements that must appear in this attestation.

Art. 32. For "non-life" activity group insurance, the insurer must, before the conclusion of the contract, in the case where the policyholder is a natural person, at least:
a) provide them with information on the law applicable to the contract, specifying:
i. when the parties do not have freedom of choice, the law that will be applicable to the contract;
ii. when the parties have freedom of choice:

• the fact that the parties have the freedom to choose the applicable law,
• the law that the insurer proposes, if any, to choose, and
• the law that will be applicable, according to relevant legislation, in the absence of agreement between the parties or of an express choice made by them;
  and b) inform them of the provisions relating to the handling of complaints by policyholders regarding contracts, including the existence of the insurance ombudsman service, without prejudice to the possibility for the policyholder to bring an action in court.

Art. 33.§ 1st. When a "non-life" activity group insurance is offered by a foreign insurer, the policyholder must be informed, before entering into any commitment, of the name of the country where the head office and, if applicable, the branch with which the contract will be concluded are located. All documents provided to the policyholder include the information referred to in the first paragraph. In the case where the foreign insurer is an EEA insurance company, the obligations set out in paragraphs 1st and 2 do not concern large risks. § 2. The contract or any other document providing coverage, as well as the insurance proposal in the case where it binds the policyholder, indicate the name and address of the head office and, if applicable, the branch of the insurer providing coverage. The documents referred to in the first paragraph also mention the name and address of the representative of the insurer, [1 as referred to in article 557 of the law of 13 March 2016]1.] ---------- (1)<L 2016-03-13/07, art. 725, 004; En vigueur : 23-03-2016; voir aussi l'art. 756>

Art. 34. For insurance in the "non-life" activity group, the insurer must inform the policyholder, throughout the duration of the contract, of any modifications concerning the following information:
a) the name and address of the insurer's head office and, where applicable, the branch providing the coverage; b) the name and address of the insurer's representative, 1 as referred to in Article 557 of the Law of 13 March 2016 1. The insurer must transmit a copy of these communications to the FSMA. ---------- (1)<L 2016-03-13/07, art. 726, 004; En vigueur : 23-03-2016; voir aussi l'art. 756>

Art. 35. § 1st. For insurance in the "life" activity group, the insurer must, before concluding the contract, communicate to the policyholder at least the information mentioned in paragraphs 2 and 3.
§ 2. Without prejudice to other legal obligations, the following information concerning the insurer must be communicated:
a) the name or corporate name and the legal form of the insurer; b) the name of the country where the head office and, where applicable, the branch with which the contract will be concluded are located; c) the address of the head office and, where applicable, the branch with which the contract will be concluded; d) a concrete reference to the solvency and financial situation report provided for in Article 51 of Directive 2009/138/EC, which allows the policyholder to easily access this information. § 3. Without prejudice to other legal obligations, the following information concerning the commitment must be communicated:
a) the definition of each guarantee and each option; b) the duration of the contract; c) the terms for terminating the contract; d) the terms for paying premiums and the duration of payments; e) the terms for calculating and attributing benefit participation; f) indications on surrender and redemption values and on the nature of the guarantees related thereto; g) information on premiums for each guarantee, whether main or supplementary, where such information is appropriate; h) a list of reference values used (account units) in insurance linked to investment funds; i) indications on the nature of the assets representing insurance linked to investment funds; j) the terms for exercising the right of withdrawal; k) general indications regarding the tax regime applicable to the type of policy, including information concerning the tax treatment of benefits at the final maturity of the contract and in the event of early surrender; l) provisions regarding the handling of complaints from policyholders, insured persons, or beneficiaries concerning contracts, including the existence of the insurance ombudsman service, without prejudice to the possibility of bringing an action in court; m) information on the law applicable to the contract, specifying:
i. when the parties do not have freedom of choice, the law that will be applicable to the contract;
ii. when the parties have freedom of choice:

• the fact that the parties have the freedom to choose the applicable law,
• the law that the insurer proposes, where applicable, to choose, and
• the law that will be applicable, under relevant legislation, in the absence of an agreement between the parties or of an express choice made by them.
  Furthermore, specific information is provided to allow a clear understanding of the underlying risks assumed by the policyholder.

Art. 36. For insurance in the "life" activity group, the insurer must inform the policyholder, throughout the duration of the contract, of any modifications concerning the following information:
a) the general, special, and particular conditions of the policy; b) the name or corporate name of the insurer, its legal form, or the address of its head office and, where applicable, the branch with which the contract was concluded; c) any information listed in Article 35, § 3, points d) to j), where the modification results from an endorsement to the contract or is the consequence of a modification of the legislation applicable to the contract; d) annually, information concerning the status of benefit participation. The insurer must transmit a copy of these communications to the FSMA.

Art. 37. The information referred to in Articles 35 and 36 must be formulated clearly and precisely, in writing, and provided in one of the official languages of Belgium.
However, this information may be provided to the policyholder in another language if the latter requests it or if they have the freedom to choose the applicable law.

Art. 38. The King may, on the advice of the FSMA, define more precisely the information required under Articles 32 to 36 and determine the additional information that insurers and/or intermediaries must provide to the policyholder before concluding the contract and during its duration, as well as the method of communication of this information.

TITLE III. - Pricing, Conditions, and Segmentation

CHAPTER 1st. - General Provisions

Art. 39. Regarding foreign insurers, the provisions of this chapter apply only to insurance contracts where the risk or commitment is located in Belgium.

Art. 40. § 1st. For the establishment and application of their rates and conditions, insurers are required to comply with the rules established by the King, on the advice of the FSMA and the National Bank.
§ 2. By way of derogation from paragraph 1, insurance undertakings from the EEA must comply, for the establishment and application of their rates, with the legislation of their home Member State.
Paragraph 1 does not, however, affect the obligation for EEA insurance undertakings to comply with the mandatory rules of general interest provided for by Belgian law which establish a technical framework for the development of rates within which insurance undertakings must calculate their premiums.

Art. 41. If the National Bank takes measures 1 in accordance with Article 504 of the Law of 13 March 2016 1, the increase in a rate applies to contracts subscribed from the notification of the National Bank's decision and, without prejudice to the policyholder's right to terminate, it also applies to the premiums and contributions of ongoing contracts that come due from the first day of the second month following the notification of the National Bank's decision. ---------- (1)<L 2016-03-13/07, art. 727, 004; En vigueur : 23-03-2016; voir aussi l'art. 756>

CHAPTER 2. - On Segmentation

Art. 42. The provisions of this chapter apply to insurance contracts where the risk or commitment is located in Belgium.

Art. 43.§ 1st. Articles 44 to 46 apply to the insurance contracts listed below, insofar as the policyholder is a consumer within the meaning of 1 Article I.1, 2° of the same Code 1:

• Compulsory motor vehicle liability insurance;
• Fire and other peril insurance concerning dwellings presenting a simple risk within the meaning of Article 5 of the Royal Decree of 31 December 1992 implementing the Law of 25 June 1992 on the terrestrial insurance contract;
• Insurance covering extra-contractual civil liability relating to private life;
• Legal protection insurance;
• Individual life insurance; and
• The health insurance contract referred to in Article 201, § 1st, 1°.
  § 2. The King may, by decree deliberated in the Council of Ministers, taken on the advice of the FSMA, extend the application of all or part of this chapter to other insurance contracts.
  § 3. This chapter applies without prejudice to the obligations imposed by Part 4 of this law and the decrees and/or regulations taken for its implementation.

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(1)<L 2015-10-26/06, art. 84, 003; En vigueur : 09-11-2015>

Art. 44. Any segmentation carried out regarding acceptance, pricing, and/or the extent of coverage must be objectively justified by a legitimate objective, and the means to achieve this objective must be appropriate and necessary.

Art. 45. § 1st. The insurer publishes on its website, by type of insurance contract as referred to in Article 43, § 1st, the criteria it uses in the context of segmentation carried out regarding acceptance, pricing, and/or the extent of coverage. The insurer explains on its website, in a clear and understandable manner for the policyholder, the reason why it uses these criteria. § 2. The King may, by decree deliberated in the Council of Ministers, taken on the advice of the FSMA, determine, where applicable by type of insurance contract, the segmentation criteria that may be used by the insurer, or indicate, where applicable by type of insurance contract, the segmentation criteria that cannot be used.

Art. 46. § 1st. In its offer to the policyholder, the insurer mentions the segmentation criteria it has used to determine the contractual pricing conditions and the extent of coverage. This information is provided individually and in a clear and understandable manner for the policyholder. In its explanation concerning the segmentation criteria used, the insurer makes a distinction between:

• the criteria used to determine the conditions that will apply when the contract takes effect; and
• the criteria likely to have, in the future, an impact on the conditions of the contract.
  § 2. When the insurer decides, during the duration of the insurance contract, to transmit to the policyholder, due to a modification of the risk, a proposal for modification of the pricing conditions or the coverage granted, it must, without prejudice to other possible legal obligations, present its proposal to the policyholder in writing, in an express and motivated manner. The proposal and its motivation must be communicated to the policyholder individually and formulated in language clear and understandable for them. In the motivation, the insurer exposes in particular the data, communicated or not by the policyholder, that it used during the evaluation of the modified risk, as well as the segmentation criteria it applied, which led it to formulate its proposal. The proposal also explains, in a clear and understandable manner for the policyholder, what happens to the ongoing insurance contract depending on whether the policyholder decides to follow up on the proposal or not. § 3. When the insurer decides, during the duration of the insurance contract, to terminate it due to a modification of the risk, it must, without prejudice to other possible legal obligations, notify the policyholder in writing, in an express and motivated manner, except in the cases referred to in Article 57, §§ 3, 4, and 5. This decision and its motivation must be communicated to the policyholder individually and formulated in language clear and understandable for them. In the motivation, the insurer exposes in particular the data, communicated or not by the policyholder, that it used during the evaluation of the risk, as well as the segmentation criteria it applied, which led it to take its decision. § 4. When an insurer decides to refuse to grant insurance, it must notify the policyholder in writing, in an express and motivated manner. This decision and its motivation must be communicated to the policyholder individually and formulated in language clear and understandable for them. In the motivation, the insurer exposes in particular the data, communicated or not by the policyholder, that it used during the evaluation of the risk, as well as the segmentation criteria it applied, which led it to take its decision. In the case where the communication of the reason for its refusal would be likely to cause serious harm to the insurer's activity or in the case where this communication would lead it to violate a secrecy obligation imposed by law, the insurer is not required, subject to the conditions described in the following paragraph, to communicate the specific reason underlying its decision to refuse. When the non-communication of the reason for refusal to the candidate policyholder cannot be justified by compliance with a secrecy obligation imposed by law, the insurer may not rely on the exception to the obligation to motivate as provided for in the previous paragraph unless the reason for refusal underlying its decision is included in a exhaustive list of confidential
  refusal reasons that has been previously communicated to the FSMA and approved by it. The insurer must furthermore maintain centrally, in one of its Belgian establishments or, if it does not have a Belgian establishment, at its head office located within the EEA or at any other location previously approved by the FSMA, a list of the insurance policies it has refused where the specific reason underlying its decision to refuse was not communicated, mentioning the reason for refusal concerned, as it appeared in the list of confidential refusal reasons previously transmitted to the FSMA, or by referring to the legal basis governing its secrecy obligation. § 5. The King may, by decree deliberated in the Council of Ministers, taken on the advice of the FSMA, impose additional rules concerning the precise content of the motivation referred to in the preceding paragraphs, the manner in which the decision must be communicated, and the deadlines to be respected by insurers.

CHAPTER 3. 1 - Personal data concerning the lifestyle or health of the insured person from connected objects 1 ---------- (1)<Inséré par L 2020-12-10/32, art. 2, 023; En vigueur : 25-01-2021>

Art. 46/1. 1 The provisions of this chapter, taken in application of Article 9.4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, apply to the insurance contracts listed below:
1° individual life insurance;
2° the health insurance contract referred to in Article 201, § 1st. 1 ---------- (1)<Inséré par L 2020-12-10/32, art. 3, 023; En vigueur : 25-01-2021>

Art. 46/2. 1 At the time of concluding the contract referred to in Article 46/1, the refusal of the candidate insured to acquire or use a connected device that collects personal data concerning their lifestyle or health can in no case lead to a refusal of insurance nor to an increase in the cost of the insurance product. 1 ---------- (1)<Inséré par L 2020-12-10/32, art. 4, 023; En vigueur : 25-01-2021>

Art. 46/3. 1 No segmentation may be carried out regarding acceptance, pricing, and/or the extent of coverage on the basis of the condition that the candidate insured accepts to acquire or use a connected device that collects personal data concerning their lifestyle or health, accepts to share information collected by such a connected device, nor on the basis of the use by the insurer of such information. 1 ---------- (1)<Inséré par L 2020-12-10/32, art. 5, 023; En vigueur : 25-01-2021>

TITLE IV. - Benefit Participation

Art. 47. The provisions of this title apply to insurance contracts where the risk or commitment is located in Belgium.

Art. 48. Benefit participation may only be mentioned in advertisements and other marketing documents insofar as the insurer has a legal or contractual obligation to provide for benefit participation and the right to benefit participation in the context of an individual contract does not depend on the discretionary decision-making power of the insurer. 1 2 Notwithstanding paragraph 1, benefit participation may be mentioned in advertisements and other marketing documents if the insurer has neither a legal nor a contractual obligation to provide for benefit participation and/or if the right to benefit participation in the context of an individual contract depends on the discretionary decision-making power of the insurer, subject to compliance with the following conditions:
1° it must be explicitly mentioned that the insurer has neither a legal nor a contractual obligation to provide for benefit participation and/or that the right to benefit participation in the context of an individual contract depends on the discretionary decision-making power of the insurer; 2° it must be explicitly mentioned that benefit participation is not guaranteed and that it may change each year; 3° no forecasts for the future may be mentioned or referenced. 2 The FSMA may, by regulation, specify the details of the preceding paragraph. 1 ---------- (1)<L 2016-06-29/01, art. 75, 005; En vigueur : 16-07-2016> (2)<L 2018-07-30/47, art. 71, 013; En vigueur : 15-09-2018>

Art. 49. 1 The King fixes, on the advice of the FSMA and the National Bank, the rules to be respected by insurers regarding benefit participation. 1 Before concluding the insurance contract, the insurer informs the candidate policyholder individually on whether and under what conditions a right to benefit participation exists in favor of the insurance contracts. The terms for calculating and attributing benefit participation are explained to them. ---------- (1)<L 2016-06-29/01, art. 76, 005; En vigueur : 16-07-2016>

Art. 50. § 1st. The policyholder receives at least once a year information on the status of benefit participation and is kept informed throughout the duration of the contract of any modification concerning this status.
§ 2. In the case where the insurer, in connection with the offer or conclusion of a life insurance contract, communicates projections concerning benefit participation, it provides the policyholder with a calculation example in which the possible payment at maturity is exposed based on a calculation applying three different interest rates. This does not apply to temporary death insurance. The insurer informs the policyholder, in a clear and understandable manner, that this calculation example is only the application of a model based on pure hypotheses and that the policyholder derives no contractual right from this calculation example. § 3. In the case of insurance with benefit participation, the insurer informs the policyholder, annually and in writing, of the status of the policyholder's rights, including benefit participation. Furthermore, when it has communicated projections concerning benefit participation, the insurer informs the policyholder of the differences between the observed evolution and the initial data. § 4. The insurer transmits to the FSMA a copy of the communications made to the policyholder in accordance with the preceding paragraphs.

Art. 51.§ 1. If profit-sharing is mentioned in advertisements and/or other marketing documents, [1 in accordance with Article 48, first paragraph,]1 the insurer prepares, as information for policyholders, a profit-sharing plan. The insurer makes this plan available to the prospective policyholder before the conclusion of the insurance contract. All modifications made subsequently to this plan, insofar as they have an impact on the insurance contracts, are communicated without delay, in writing, to the policyholders. § 2. This profit-sharing plan sets out, in clear terms for the policyholder, the following elements:

• the method for calculating the total distributable profit;
• the manner of determining whether and to what extent this distributable profit will be paid or allocated to shareholders and to the collective body of insurance contracts providing for profit-sharing;
• the method for establishing the allocation key between shareholders and the collective body of insurance contracts that will be applied; and
• the criteria on the basis of which profit-sharing will be allocated to distinct insurance contracts and the conditions under which this allocation will take place.
  § 3. The allocation, among the distinct insurance contracts, of the profit allocated to the collective body of insurance contracts must be carried out in respect of equity between policyholders.
  § 4. The King may, by decree taken on the advice of the FSMA and the Bank, specify the content of the profit-sharing plan and determine the criteria that the insurer may or must apply when allocating profit-sharing to distinct insurance contracts.

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(1)<L 2018-07-30/47, art. 72, 013; En vigueur : 15-09-2018>

Art. 52. § 1. The information referred to in Articles 48 to 51 must be formulated clearly and precisely, in writing, and be provided in one of the official languages of Belgium.
This information may, however, be provided to the policyholder in another language if the latter requests it or if he has the freedom to choose the applicable law.
§ 2. The King may, by decree taken on the advice of the FSMA, specify the content and mode of communication of the information referred to in Articles 48 to 51.

Art. 53. The King may, by decree deliberated in the Council of Ministers, taken on the advice of the FSMA and the Bank, provide, for one or more insurance activities, provisions specifying:
1° that a part of the distributable profit must be distributed within the collective body of insurance contracts, and according to what modalities this part of the profit as well as the allocation key between shareholders and the collective body of contracts must be calculated; 2° under what conditions the distribution of profits in favor of insurance contracts does not entail the definitive waiver of these amounts by the insurance company, so that the latter may still use them, for a limited period of time, for the purpose of complying with legal solvency requirements; 3° at what moment the allocated amounts are deemed definitively acquired by the beneficiaries; 4° in what manner the elements mentioned in the points above must be treated in the accounting of the insurance company.

PART 4. - TERRITORIAL INSURANCE CONTRACT

TITLE I. - Scope of application and definitions

Scope of application

Art. 54. The provisions of this Part apply to all territorial insurance contracts governed by Belgian law, insofar as they are not derogated from by specific laws.
They do not apply to reinsurance, nor to insurance for the transport of goods, baggage insurance, and moving insurance excepted.

Definitions

Art. 55. For the purposes of this Part, the following are understood by:
1° "injured person": in liability insurance, the person who is the victim of damage for which the insured is responsible; 2° "insurance benefit": the amount payable or the service to be provided by the insurer in execution of the insurance contract; 3° "indemnity insurance": that in which the insurer undertakes to provide the benefit necessary to repair all or part of the damage suffered by the insured or for which he is responsible; 4° "fixed-sum insurance": that in which the insurer's benefit does not depend on the extent of the damage; 5° "insurance application": a form issued by the insurer by which he offers to temporarily assume the risk, at the request of the policyholder; 6° "insurance proposal": a form issued by the insurer, to be completed by the policyholder, and intended to enlighten the insurer on the nature of the operation and on the facts and circumstances that constitute for him elements of appreciation of the risk; 7° "pre-signed policy": an insurance policy signed in advance by the insurer and containing an offer to contract under the conditions described therein, possibly supplemented by the specifications that the policyholder mentions in the spaces provided for this purpose; 8° "reduction in indemnity insurance": a sanction consisting of the insurer reducing his benefit, given the failure, by the policyholder or the insured, to fulfill one of the obligations arising from the insurance contract.

Imperative Rules

Art. 56. Unless the possibility of derogating from them by special agreements results from their very wording, the provisions of this Part are imperative.

TITLE II. - The insurance contract in general

CHAPTER 1. - Provisions common to all contracts

Section I. - Conclusion of the contract

Insurance proposal, pre-signed policy and insurance application

Art. 57.§ 1. The insurance proposal does not bind either the prospective policyholder or the insurer to conclude the contract. If within thirty days of receiving the proposal, the insurer has not notified the prospective policyholder, either an offer of insurance, or the subordination of the insurance to a request for investigation, or the refusal to insure, he is obliged to conclude the contract under penalty of damages. These provisions, as well as the statement that the signing of the proposal does not start the coverage, must appear expressly in the insurance proposal. § 2. In the case of a pre-signed policy or an insurance application, the contract is formed as soon as one of these documents is signed by the policyholder. Unless otherwise agreed, the guarantee takes effect the day after the insurer receives the pre-signed policy or the application. The insurer will communicate this date to the policyholder. § 3. Except for contracts of less than thirty days' duration, the policyholder must have the option to terminate the contract, with immediate effect at the moment of notification, within a period of thirty days for life insurance contracts and capitalization operations and within a period of fourteen days for other insurance contracts, from the start of the contract. This option must be expressly mentioned in the policy conditions. In the case of contracts that are neither life insurance contracts nor capitalization operations, the policyholder only has this option if the contract was formed by means of a pre-signed policy or an insurance application. [2 Termination is made without penalty and without obligation to provide a reason. The period within which the right of termination referred to in the first paragraph may be exercised begins to run:
1° at the moment when the policyholder is informed by the insurer that the insurance contract has been concluded; 2° from the day when the policyholder receives the contractual conditions and all other supplementary information, if this day is subsequent to the moment referred to in 1°.]2 § 4. Except for contracts of less than thirty days' duration, the insurer may terminate the contract that was formed via a pre-signed policy or an insurance application, within a period of thirty days for life insurance contracts and fourteen days for other insurance contracts, from the receipt of the pre-signed policy or the application, the termination becoming effective eight days after its notification. These provisions must be expressly mentioned in the conditions of the pre-signed policy or the application. The application and the proposal must be signed separately. § 5. [2 This paragraph applies to distance insurance contracts, within the meaning of Book VI, Title 3, Chapter 2, of the Code of Economic Law, concluded with a consumer, within the meaning of Article I.1, first paragraph, 2°, of the same Code. Any distance insurance contract is concluded when the insurer receives the acceptance of the policyholder. Except for life insurance contracts whose termination is made under the conditions referred to in paragraph 3, the policyholder has the right to terminate his insurance contract, within the period and according to the modalities referred to in Articles VI.58, VI.59 and VI.61/2 of the Code of Economic Law. Termination emanating from the policyholder takes effect at the moment of notification. The insurer also has the right to terminate a distance insurance contract without penalty and without obligation to provide a reason, within a period of fourteen days. However, for life insurance contracts, this period is extended to thirty days. The period within which the right of termination may be exercised begins to run:

• from the day of the conclusion of the insurance contract, except for life insurance contracts, for which the period begins to run at the moment when the policyholder is informed by the insurer that the insurance contract has been concluded;
• from the day when the policyholder receives the contractual conditions and all other supplementary information, if this day is subsequent to that referred to in the first bullet.
  Termination emanating from the insurer takes effect eight days after its notification.
  The insurer's right of termination does not apply to travel or baggage insurance policies or to similar short-term insurance policies of less than one month's duration, nor to life insurance contracts linked to an investment fund.]2 § 6. The King may, on the advice of the FSMA and the Bank, specify the applicable modalities in the event of the exercise of the right of termination referred to in paragraphs 3, 4 and 5. § 7. Upon receipt, the insurer will systematically date-stamp insurance proposals, pre-signed policies, and insurance applications. ---------- (1)<L 2015-10-26/06, art. 85, 003; En vigueur : 09-11-2015> (2)<L 2026-07-19/05, art. 29, 040; En vigueur : 14-08-2026>

Obligation to declare

Art. 58. The policyholder is obliged to declare exactly, at the time of concluding the contract, all circumstances known to him and which he should reasonably consider to constitute for the insurer elements of appreciation of the risk. However, he does not have to declare to the insurer circumstances already known to the latter or that the latter should reasonably know. Genetic data cannot be communicated. If certain written questions from the insurer are not answered and if the latter has nevertheless concluded the contract, he cannot, except in the case of fraud, subsequently rely on this omission.

Intentional Omission or Inaccuracy

Art. 59. When intentional omission or inaccuracy in the declaration misleads the insurer regarding the elements of appreciation of the risk, the insurance contract is null.
Premiums due up to the moment when the insurer became aware of the intentional omission or inaccuracy are owed to him.

Non-intentional Omission or Inaccuracy

Art. 60. § 1. When the omission or inaccuracy in the declaration is not intentional, the contract is not null.
The insurer proposes, within a period of one month from the day when he became aware of the omission or inaccuracy, the modification of the contract with effect from the day when he became aware of the omission or inaccuracy.
If the insurer proves that he would not have insured the risk under any circumstances, he may terminate the contract within the same period.
If the proposal for modification of the contract is refused by the policyholder or if, at the end of a period of one month from the receipt of this proposal, the latter is not accepted, the insurer may terminate the contract within fifteen days.
The insurer who has not terminated the contract nor proposed its modification within the periods indicated above can no longer rely in the future on the facts known to him.
§ 2. If the omission or inaccurate declaration cannot be attributed to the policyholder and if a loss occurs before the modification of the contract or the termination has taken effect, the insurer must provide the agreed benefit.
§ 3. If the omission or inaccurate declaration can be attributed to the policyholder and if a loss occurs before the modification of the contract or the termination has taken effect, the insurer is only obliged to provide a benefit according to the ratio between the premium paid and the premium that the policyholder would have had to pay if he had regularly declared the risk. However, if at the time of a loss, the insurer proves that he would not have insured the risk under any circumstances, the nature of which is revealed by the loss, his benefit is limited to the reimbursement of all premiums paid. § 4. If a circumstance unknown to both parties at the time of concluding the contract becomes known during the execution of the contract, Article 80 or Article 81 applies depending on whether said circumstance constitutes a decrease or an increase in the insured risk.

Medical Information

Art. 61. The doctor chosen by the insured may hand over to the insured who requests it, the medical certificates necessary for the conclusion or execution of the contract. These certificates are limited to a description of the current state of health.
These certificates can only be handed over to the insurer's consulting doctor. The latter cannot communicate any information irrelevant to the risk for which the certificates were established or relating to other persons than the insured.
The medical examination, necessary for the conclusion and execution of the contract, can only be based on the history determining the current state of health of the prospective insured and not on genetic analysis techniques intended to determine his future state of health.
Provided that the insurer justifies the prior agreement of the insured, the latter's doctor transmits to the insurer's consulting doctor a certificate establishing the cause of death.
When there is no longer any risk for the insurer, the consulting doctor returns, at their request, the medical certificates to the insured or, in the event of death, to his beneficiaries.

Section Ibis. [1 - Right to be forgotten.]1 ---------- (1)<Inséré par L 2019-04-04/26, art. 2, 019; En vigueur : 01-02-2020>

Sub-section 1. [1 - Scope of application]1 ---------- (1)<Inséré par L 2022-10-30/02, art. 3, 027; En vigueur : 27-11-2022>

Art. 61/1.[1 The provisions of this section are applicable:
1° to insurance contracts that guarantee the reimbursement of capital:
a) of a mortgage credit referred to in Article 224; b) of a professional credit; 2° to disability insurance contracts referred to in Article 201, § 1, 2°, whether or not linked to a professional activity.]1 [2 3° to travel cancellation insurance, which reimburses insured persons in whole or in part in the event of cancellation of a trip for medical, family or professional reasons.]2 ---------- (1)<L 2022-10-30/02, art. 3, 027; En vigueur : 27-11-2022> 7 (2)<L 2025-01-20/06, art. 2, 038; En vigueur : 01-06-2026>

Section 1/1. [1 Information Document ]1 ---------- (1)<Inséré par L 2025-01-20/06, art. 4, 038; En vigueur : 01-06-2026>

Art. 61/1/1. [1 The insurance company provides the prospective insured, on its own initiative, in writing and in a clear, explicit and unambiguous manner, information concerning the provisions of this section, the Pricing Monitoring Bureau referred to in Article 217 and the Compensation Fund approved in accordance with Article 220, in the form of a standardized information document. This information document is transmitted to the prospective insured at least at the same time as the medical questionnaire and jointly with the latter. It is also published on the insurance company's website. The King may, after having obtained the opinion of the Federal Expert Centre for Health Care, determine the form and guidelines concerning the content of the standardized information document.]1 ---------- (1)<Inséré par L 2025-01-20/06, art. 4, 038; En vigueur : 01-06-2026>

Sub-section 2. [1 - Balance Remaining Due Insurance]1 ---------- (1)<Inséré par L 2022-10-30/02, art. 4, 027; En vigueur : 27-11-2022>

Art. 61/2.[1 § 1. [2 Without prejudice to Article 58, persons who are or have been affected by a cancerous pathology, whatever its type, and who wish to take out insurance such as referred to in Article 61/1, 1°, no longer have to, upon expiration of a period of five years after the end of successful treatment and in the absence of relapse within this period, declare this pathology to their insurer]2. § 2.[2 If the insurance company has knowledge of the cancerous pathology referred to in paragraph 1, it is prohibited, upon expiration of a period of five years after the end of successful treatment and in the absence of relapse within this period, to take this cancerous pathology into account to determine the current state of health, as referred to in Article 61 ]2. If the person was under 21 years of age at the time the cancerous pathology was diagnosed, the period referred to in the first paragraph is five years maximum. The period referred to in the first paragraph is reduced to five years on January 1, 2025. § 3. By the end of successful treatment, is meant the date of the end of active treatment of the cancerous pathology, in the absence of a new appearance of cancer. The insurance company cannot exclude this cancerous pathology from the insurance contract or refuse insurance on account of said cancerous pathology.]1 ---------- (1)<L 2022-10-30/02, art. 5, 027; En vigueur : 27-11-2022> (2)<L 2025-01-20/06, art. 5, 038; En vigueur : 01-06-2026>

Art. 61/3. [1] § 1. Provided that it is objectively and reasonably justified with regard to medical and insurance techniques, based on scientific data, the King may determine, in a reference grid, certain types of cancerous conditions for which the period referred to in Article 61/2, § 2, is adapted according to age categories and/or types of cancerous condition. The adapted period may not, however, exceed eight years. If the person was under 21 years of age at the time the cancerous condition was diagnosed, the adapted period may not exceed five years.

After the period mentioned in the reference grid, it is prohibited for the insurance company to take these conditions into account when determining the current state of health.

§ 2. Provided that it is objectively and reasonably justified with regard to medical and insurance techniques, based on scientific data, the King may, on the proposal of the Federal Centre for Expertise on Health Care and after the opinion of the Tarification Monitoring Office referred to in Article 217, adapt the reference grid to certain types of cancerous conditions, possibly determining the modalities according to which the period referred to in Article 61/2, § 2, may be adapted. The adapted period may not, however, exceed eight years. If the person was under 21 years of age at the time the cancerous condition was diagnosed, the adapted period may not exceed five years.

After the period mentioned in the reference grid, it is prohibited for the insurance company to take these conditions into account when determining the current state of health.]1

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(1)<L 2022-10-30/02, art. 6, 027; En vigueur : 27-11-2022>

Art. 61/4. [1] § 1. Provided that it is objectively and reasonably justified with regard to medical and insurance techniques, based on scientific data, the King may determine, in a reference grid, a certain number of chronic diseases for which, if applicable, according to certain modalities:

1° the insurance company may neither charge a surcharge, nor provide an exclusion or refuse to conclude the contract on account of this condition;

2° the insurance company may charge a surcharge on account of this condition. The King also determines the level at which this surcharge is justified with regard to medical and insurance techniques.

§ 2. Provided that it is objectively and reasonably justified with regard to medical and insurance techniques, based on scientific data, the King may, on the proposal of the Federal Centre for Expertise on Health Care and after the opinion of the Tarification Monitoring Office referred to in Article 217, adapt the reference grid for particular chronic conditions, and determine after what periods and according to what modalities:

1° the insurance company may not charge any surcharge, nor provide an exclusion or refuse to conclude the contract on account of this condition;

2° the insurance company may charge a surcharge on account of this condition. The King also determines the level at which this surcharge is justified with regard to medical and insurance techniques.]1

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(1)<L 2022-10-30/02, art. 7, 027; En vigueur : 27-11-2022>

Art. 61/5. [1] § 1. Every two years, the Federal Centre for Expertise on Health Care evaluates the reference grid in light of medical progress and available scientific data relating to the pathologies referred to in Articles 61/3 and 61/4. It communicates its proposal for adapting the reference grid to the Tarification Monitoring Office referred to in Article 217. This Tarification Monitoring Office transmits the proposal together with its opinion to the Minister responsible for Insurance, as well as to the Minister responsible for Social Affairs.

Provided that it is objectively and reasonably justified with regard to medical and insurance techniques, based on scientific data, the King may adapt the reference grid.

§ 2. The King may adapt the period referred to in paragraph 1 and determine the subject matter of the adaptation proposal.]1

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(1)<Inséré par L 2022-10-30/02, art. 8, 027; En vigueur : 27-11-2022>

Art. 61/6. [1] The financing of the advisory mission of the Tarification Monitoring Office regarding the proposals of the Federal Centre for Expertise on Health Care concerning the right to be forgotten, referred to in Articles 61/3 to 61/5, is borne by the approved Compensation Fund in accordance with Article 220.]1

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(1)<Inséré par L 2022-10-30/02, art. 9, 027; En vigueur : 27-11-2022>

Art. 61/7. [1] Without prejudice to the jurisdiction of the courts and tribunals, disputes relating to the application of the provisions of this sub-section are first submitted, by the most diligent party, to the Tarification Monitoring Office referred to in Article 217. The Tarification Monitoring Office gives its opinion within a period of fifteen working days starting from the date of receipt of the complete file. Upon simple request by the Office, the insurance company transmits its file.

The financing of the advisory mission of the Tarification Monitoring Office regarding the disputes referred to in the first paragraph is borne by the Compensation Fund approved in accordance with Article 220.]1

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(1)<Inséré par L 2022-10-30/02, art. 10, 027; En vigueur : 27-11-2022>

Sub-section 3. [1] - Work incapacity insurance]1

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(1)<Inséré par L 2022-10-30/02, art. 11, 027; En vigueur : 27-11-2022>

Art. 61/8. [1] § 1. [2] Without prejudice to Article 58, persons who are or have been affected by a cancerous pathology, whatever its type, and who wish to take out insurance such as referred to in Article 61/1, 2°, must no longer, upon expiration of a period of five years after the end of successful treatment and in the absence of relapse and work incapacity following the cancerous pathology within this period, declare this pathology to their insurer]2.

§ 2. [2] If the insurance company has knowledge of the cancerous pathology referred to in paragraph 1, it is prohibited, upon expiration of a period of five years after the end of successful treatment and in the absence of relapse and work incapacity following the cancerous pathology within this period, to take this cancerous pathology into account to determine the current state of health, as referred to in Article 61]2.

§ 3. By the end of successful treatment, is meant the date of the end of active treatment of the cancerous pathology, in the absence of a new appearance of cancer.

The insurance company may not exclude this cancerous pathology from the insurance contract or refuse insurance on account of said cancerous pathology.]1

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(1)<Inséré par L 2022-10-30/02, art. 12, 027; En vigueur : 27-11-2022>

(2)<L 2025-01-20/06, art. 6, 038; En vigueur : 01-06-2026>

Art. 61/9. [1] § 1. Notwithstanding Articles 61/8 and 61/10, the insurance company may exclude from coverage permanent economic or physiological work incapacity and/or disability resulting from a cancer that exists at the time of subscribing to the insurance contract or joining insurance linked to professional activity.

The proposal for exclusion and its justification must be communicated to the policyholder candidate or, if applicable, the insured candidate in clear, precise, and understandable terms. In the justification, the insurer explains, in particular, the data it has used, as well as the criteria it has applied which led it to formulate its proposal.

§ 2. The policyholder candidate who does not agree with the proposed exclusion informs the insurer. The insurer immediately transmits the entire file to the reinsurer, asking it to evaluate it.

Provided that no new elements are transmitted by the insured candidate to the insurer, the reinsurer must not re-evaluate the insurer's proposal provided that it has already been consulted by the latter during the examination of the file by the insurer and that its opinion was followed.

The reinsurer decides solely on the basis of the transmitted file. Any direct contact between, on the one hand, the reinsurer and, on the other hand, the policyholder, the insured, or the treating physician is prohibited.

When the reinsurer confirms the insurer's decision, the latter confirms its initial decision to the insurance candidate.

In the contrary case, the insurer, if it decides to conclude the contract, follows the position of the reinsurer and modifies the insurance proposal accordingly.

The insurer has a period of fifteen days from the time of learning of the policyholder candidate's refusal to communicate its decision.

The insurer informs the policyholder candidate, and if applicable, the insured candidate.

The insurance contract determines in clear, precise, and understandable terms the exclusion and its scope.]1

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(1)<Inséré par L 2022-10-30/02, art. 13, 027; En vigueur : 27-11-2022>

Art. 61/10. [1] § 1. Provided that it is objectively and reasonably justified with regard to medical and insurance techniques, based on scientific data, the King may, on the proposal of the Federal Centre for Expertise on Health Care and after having obtained the opinion of at least one expert in insurance techniques, determine, in a reference grid, certain types of cancerous conditions for which the period referred to in Article 61/8, § 2, is adapted. The adapted period may not, however, exceed eight years. If the person was under 21 years of age at the time the cancerous condition was diagnosed, the adapted period may not exceed five years.

After the period mentioned in the reference grid, it is prohibited for the insurance company to take these conditions into account when determining the current state of health.

§ 2. Provided that it is objectively and reasonably justified with regard to medical and insurance techniques, based on scientific data, the King may, on the proposal of the Federal Centre for Expertise on Health Care and after having obtained the opinion of at least one expert in insurance techniques, adapt the reference grid to certain types of cancerous conditions, possibly determining the modalities according to which the period referred to in Article 61/8, § 2, may be adapted. The adapted period may not, however, exceed eight years. If the person was under 21 years of age at the time the cancerous condition was diagnosed, the adapted period may not exceed five years.

After the period mentioned in the reference grid, it is prohibited for the insurance company to take these conditions into account when determining the current state of health.]1

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(1)<Inséré par L 2022-10-30/02, art. 14, 027; En vigueur : 27-11-2022>

Art. 61/11. [1] § 1. Provided that it is objectively and reasonably justified with regard to medical and insurance techniques, based on scientific data, the King may, on the proposal of the Federal Centre for Expertise on Health Care and after having obtained the opinion of at least one expert in insurance techniques, determine, in a reference grid, a certain number of chronic diseases for which, if applicable, according to certain modalities:

1° the insurance company may not charge any surcharge, nor provide an exclusion or refuse to conclude the contract on account of this condition;

2° the insurance company may charge a surcharge on account of this condition. The King also determines the level at which this surcharge is justified with regard to medical and insurance techniques.

§ 2. Provided that it is objectively and reasonably justified with regard to medical and insurance techniques, based on scientific data, the King may, on the proposal of the Federal Centre for Expertise on Health Care and after having obtained the opinion of at least one expert in insurance techniques, adapt the reference grid containing a certain number of chronic diseases and may determine after what periods and according to what modalities:

1° the insurance company may not charge any surcharge, nor provide an exclusion or refuse to conclude the contract on account of this condition;

2° the insurance company may charge a surcharge on account of this condition. The King also determines the level at which this surcharge is justified with regard to medical and insurance techniques.]1

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(1)<Inséré par L 2022-10-30/02, art. 15, 027; En vigueur : 27-11-2022>

Art. 61/12. [1] § 1. Every two years, the Federal Centre for Expertise on Health Care evaluates the reference grid in light of medical progress and available scientific data relating to the pathologies referred to in Articles 61/10 and 61/11. It communicates its proposal to the Minister responsible for Insurance as well as to the Minister responsible for Social Affairs.

Provided that it is objectively and reasonably justified with regard to medical and insurance techniques, based on scientific data, the King may, on the proposal of the Federal Centre for Expertise on Health Care, after having obtained the opinion of at least one expert in insurance techniques, adapt the reference grid.

§ 2. The King may adapt the period referred to in paragraph 1 and determine the subject matter of the adaptation proposal.]1

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(1)<Inséré par L 2022-10-30/02, art. 16, 027; En vigueur : 27-11-2022>

Art. 61/13. [1] § 1. Without prejudice to Articles 61/10, 61/11, and 61/12, the King may create within the Tarification Monitoring Office referred to in Article 217, a section responsible for work incapacity insurance. The King may charge this section to issue opinions on the proposals of the Federal Centre for Expertise on Health Care and to amend them so that they respond to medical and insurance techniques.

The King may charge this section of the Tarification Monitoring Office to issue opinions in the context of disputes relating to the application of this sub-section and to set the modalities.

§ 2. The financing of the advisory missions of the Tarification Monitoring Office referred to in paragraph 1 is borne by the insurance ombudsman service referred to in Article 322.

Every two years from the entry into force of this article, the financing is re-evaluated based on a report from the insurance ombudsman service to the Minister responsible for Insurance. The King may determine that a "sickness" Compensation Fund must provide the financing for this mission.]1

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(1)<Inséré par L 2022-10-30/02, art. 17, 027; En vigueur : 27-11-2022>

Sub-section 4. [1] Travel cancellation insurance]1

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(1)<Inséré par L 2025-01-20/06, art. 8, 038; En vigueur : 01-06-2026>

Art. 61/14. [1] . § 1. For the insurance referred to in Article 61/1, 3°, any stable pathology at the time of booking the travel referred to in paragraph 3 is considered forgotten in the sense that in the event of subsequent cancellation, this pathology cannot be invoked by the insurer to refuse to provide the insured coverage.

§ 2. Without prejudice to Article 58, no person affected by a stable pathology referred to in paragraph 3 is required to declare it to their insurer. If the insurance company has knowledge of a pathology referred to in the first paragraph, it is prohibited to take this pathology into account to determine the current state of health, as referred to in Article 61.

§ 3. By stable pathology, is meant any pathology that requires no new medical treatment or medication during the month preceding the booking of the travel and for which, according to the treating physician, there is no medical contraindication to undertaking the travel.

§ 4. The King may fix the implementation modalities of this article, including administrative modalities and verification procedures for a stable pathology]1

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(1)<Inséré par L 2025-01-20/06, art. 7, 038; En vigueur : 01-06-2026>

Art. 61/15. [1] Without prejudice to the jurisdiction of the courts and tribunals, disputes relating to the application of the provisions of this sub-section are first submitted, by the most diligent party, to the Tarification Monitoring Office referred to in Article 217. The Tarification Monitoring Office gives its opinion within a period of fifteen working days starting from the date of receipt of the complete file. Upon simple request by the Office, the insurance company transmits its file.

The financing of the advisory mission of the Tarification Monitoring Office regarding the disputes referred to in the first paragraph is borne by the Compensation Fund approved in accordance with Article 220.]1

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(1)<Inséré par L 2025-01-20/06, art. 1, 038; En vigueur : 01-06-2026>

Section II. - Extent of coverage

Fraud and fault

Art. 62. Notwithstanding any contrary agreement, the insurer cannot be held liable to provide coverage to anyone who intentionally caused the loss.

The insurer is liable for losses caused by fault, even gross fault, of the policyholder, the insured, or the beneficiary. However, the insurer may exempt itself from its obligations for cases of gross fault determined expressly and limitatively in the contract.

The King may establish a limitative list of acts that cannot be qualified as gross fault.

War

Art. 63. Unless otherwise agreed, the insurer is not liable for losses caused by war or by acts of the same nature and by civil war.

The insurer must prove the fact that exempts it from its coverage.

The King may, however, establish rules easing the burden of proof of the fact that exempts the insurer from its coverage.

Section III. - Proof and content of the contract

Proof and content of the contract

Art. 64.

§ 1. Subject to confession and oath, and regardless of the value of the commitments, the insurance contract and its modifications are proven in writing between the parties. No evidence by witnesses or presumptions is received against and beyond the content of the instrument.

However, when there is a commencement of proof in writing, evidence by witnesses or presumptions is admitted.

Article 8.22 of the Civil Code is not applicable to the insurance contract or its modifications.

§ 2. The insurance contract mentions at least:
1° the date on which the insurance contract is concluded and the date on which the insurance takes effect; 2° the duration of the contract; 3° the identity of the policyholder and, where applicable, the insured and the beneficiary; 4° the name and address of the insurer or co-insurers; 5° where applicable, the name and address of the insurance intermediary; 6° the risks covered; 7° the amount of the premium or the method of determining it.

§ 3. The insurer is required to deliver to the policyholder, at the latest at the time of the conclusion of the contract, a copy of the information that the latter has communicated in writing regarding the risk to be covered.

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(1) L 2019-04-13/28, art. 55, 022; En vigueur : 01-11-2020

Section IV. - Execution of the contract

Partial or total forfeiture of the right to insurance benefits

Art. 65. The insurance contract may only provide for the partial or total forfeiture of the right to insurance benefits due to the non-performance of a specific obligation imposed by the contract and on condition that the breach is causally related to the occurrence of the loss.

However, the King may regulate the partial or total forfeiture of the right to insurance benefits.

Combined policies

Art. 66. In the absence of contrary agreement, when, in the same contract, the insurer undertakes various benefits, either due to the guarantees promised or due to the insured risks, the cause of termination relating to one of the benefits does not affect the contract as a whole.

If the insurer terminates the guarantee relating to one or more benefits, the policyholder may then terminate the contract as a whole.

The cause of nullity relating to one of the benefits does not affect the contract as a whole.

Payment terms for the premium and insurance benefits

Art. 67. The insurance premium is payable at the insurer's location.

In the absence of payment directly to the insurer, payment of the premium made to a third party who requests it and appears as the insurer's agent to receive it is discharging.

When the insurer does not pay directly to the insured or their legal representative the amounts owed to them in the context of the execution of the insurance contract, but makes this payment through an insurance intermediary, only the actual receipt of this payment by the insured or their legal representative releases the insurer from its obligations.

Payment to minors, interdicted persons and other incapacitated persons

Art. 68. The insurer who makes a payment to a minor, an interdicted person or another incapacitated person under an insurance contract, makes it into an account opened in their name, subject to unavailability until majority or the lifting of the incapacity, without prejudice to the right of legal enjoyment.

[1 The sums thus paid may be released with special authorization from the justice of the peace, at the request of the guardian or the administrator of the assets according to the same rules as those applicable to the situations referred to in articles 410, § 1, 14°, or 499/7, § 2, of the Civil Code.]1

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(1) L 2015-10-26/06, art. 86, 003; En vigueur : 09-11-2015

Failure to pay the premium

Art. 69. Failure to pay the premium at maturity may lead to the suspension of the guarantee or the termination of the contract provided that the debtor has been put on notice.

The insurance contract may however provide that the guarantee only takes effect after the payment of the first premium.

Summons to pay

Art. 70. The notice referred to in article 69 is made either by bailiff's deed or by registered letter.

It includes a summons to pay the premium within the deadline it sets. This deadline cannot be less than fifteen days from the day following the service or the day following the deposit of the registered letter.

The notice recalls the due date of the premium and its amount. It also recalls the consequences of failure to pay the premium within the set deadline, the start date of this deadline and specifies that the suspension of the guarantee or the termination of the contract takes effect from the day following the end of the deadline, without prejudice to the guarantee relating to an insured event occurring previously.

Effect of suspension of guarantee or termination of contract

Art. 71. The suspension or termination only takes effect upon expiration of the deadline referred to in article 70, paragraph 2.

If the guarantee has been suspended, payment by the policyholder of the due premiums ends this suspension.

The insurer who suspends its guarantee obligation may terminate the contract in the same notice. In this case, the termination takes effect upon expiration of a deadline that cannot be less than fifteen days from the first day of the suspension.

If the insurer has not notified the termination of the contract in the notice itself, the termination can only take place with a new notice made in accordance with article 70.

The provisions of this article relating to the suspension of the guarantee do not apply to insurance contracts for which the payment of the premium is optional.

Effects of suspension on future premiums

Art. 72. The suspension of the guarantee does not affect the insurer's right to claim premiums coming due later provided that the policyholder has been put on notice in accordance with article 70. In this case, the notice recalls the suspension of the guarantee.

The insurer's right is however limited to premiums relating to two consecutive years.

Premium credit

Art. 73.[1 When the contract is terminated for any reason or becomes void due to lack of insurable interest, the premiums paid relating to the insurance period subsequent to the date of effect of the termination or voidness are refunded within thirty days from the effect of the termination or from the notification of the disappearance of the insurable interest by the policyholder or, in case of application of article 57, § 3, from the receipt by the insurer of the notification of termination.]1

In case of partial termination or any other reduction of insurance benefits, paragraph 1 only applies to the part of the premiums corresponding to this reduction and to the extent of that reduction.

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(1) L 2023-11-05/07, art. 104, 030; En vigueur : 21-12-2023

Payment of an insurance benefit and sanctions

Art. 73/1. [1 § 1. This article applies in the absence of other specific legal provisions aiming at certain types of losses, notably articles 111/1, 121, 145/1 to 145/5, 197/1 and 197/2 of this law, as well as articles 13 and 14 of the law of 21 November 1989 relating to the compulsory insurance of liability in respect of motor vehicles.

§ 2. When a person submits a request for payment of an insurance benefit following a loss but the insurer contests the coverage of this loss by the insurance contract, the insurer gives a reasoned response to the elements invoked in the request within a period of three months from the date on which it was submitted.

If no reasoned response is given within the three-month period referred to in paragraph 1, the insurer is automatically liable to pay a lump sum of 300 euros in favor of the beneficiary of the insurance benefit.

When, after the expiration of the three-month period referred to in paragraph 1, the beneficiary of the insurance benefit has sent a reminder, by registered mail or by any other equivalent means, to the insurer, the latter is automatically liable to pay a lump sum of 300 euros per day of delay in favor of the beneficiary of the insurance benefit from the day of sending the reminder if it has not responded to the reminder within eleven days. The King may specify the communication means considered equivalent to registered mail.

The eleven-day period referred to in paragraph 3 starts on the third working day following the day of sending the reminder by the beneficiary of the insurance benefit, unless proven otherwise by the insurer.

The amount referred to in paragraph 3 ceases to be due the day following the receipt of the reasoned response or the reasoned offer of payment by the beneficiary of the insurance benefit.

The amounts referred to in paragraphs 2 and 3 are automatically indexed on January 1 of each year based on the last available consumer price index. The indexing takes place for the first time on January 1 of the year following the entry into force of this law, using as reference index the consumer price index of the month preceding the entry into force of this law. The base year used for the consumer price index is 2013 = 100.

§ 3. The insurer makes the agreed insurance benefit within the period provided for in paragraph 6 from the moment when:
1° it is in possession of all elements reasonably necessary for this purpose; and 2° no dispute remains regarding:
a) the coverage of the loss by the insurance contract; b) the amount of the insurance benefit due.

§ 4. When the final amount of the insurance benefit is disputed, the insurer pays the part of the insurance benefit undoubtedly due established by common agreement between the insurer and the beneficiary of the insurance benefit within the period provided for in paragraph 6.

§ 5. In no case can advance offers contain a discharge for balance of account, even partial.

§ 6. The amounts due are paid within thirty days of their determination.

The part of the insurance benefit that is not paid within the period referred to in paragraph 1 bears of right interest at double the rate of legal interest from the day following the expiration of the deadline until the day of effective payment, unless the insurer proves that the delay is not attributable to itself or to one of its agents.

§ 7. The insurer's requests for documents and information aimed at enabling it to determine if the loss occurring is covered by the guarantee as well as the amount of the insurance benefit must be reasonable and relevant.

§ 8. The deadlines provided for in paragraphs 2 and 6 are suspended when the insurer has informed in writing the beneficiary of the insurance benefit of the reasons independent of its will and that of its agents that make it impossible to properly execute its obligations within said deadlines.

§ 9. This article applies when the payment or payments are made by the insurer directly to the beneficiary of the insurance benefit. It does not apply:
1° to subrogated third parties;
2° when, in accordance with a mechanism agreed with a third-party service provider, the insurance benefit is paid to this provider, within the limits of this insurance benefit.]1

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(1) Inserted by L 2024-03-17/13, art. 2, 034; En vigueur : 01-10-2024

Declaration of loss

Art. 74. § 1. The insured must, as soon as possible and in any case within the period fixed by the contract, notify the insurer of the occurrence of the loss.

However, the insurer cannot rely on the fact that the period provided for in the contract to give the notice referred to in paragraph 1 has not been respected, if this notice was given as quickly as could reasonably be done.

§ 2. The insured must provide without delay to the insurer all useful information and respond to the requests made to them to determine the circumstances and fix the extent of the loss.

Duties of the insured in case of loss

Art. 75. In any indemnity insurance, the insured must take all reasonable measures to prevent and mitigate the consequences of the loss.

Sanctions

Art. 76. § 1. If the insured does not fulfill one of the obligations provided for in articles 74 and 75 and it results in prejudice to the insurer, the latter has the right to claim a reduction of its benefit, up to the amount of the prejudice it has suffered.

§ 2. The insurer may decline its guarantee if, with fraudulent intent, the insured has not executed the obligations set out in articles 74 and 75.

Section V. - Stipulation for another

Stipulation for another

Art. 77. The parties may agree at any time that a third party may claim the benefit of the insurance under the conditions they determine.

This third party does not need to be designated or even conceived at the time of the stipulation, but must be determinable on the day of the maturity of the insurance benefits.

The King may, on the advice of the FSMA, specify the rules to which stipulations for another must satisfy in order to protect the rights of the insured and all third parties having an interest in the execution of the insurance contract.

Communication of guarantee conditions

Art. 78. Any beneficiary for consideration of an insurance guarantee has the right to obtain from the policyholder or, failing that, from the insurer, communication of the guarantee conditions.

Section VI. - Inexistence and modification of the risk

Inexistence of the risk

Art. 79. When, at the time of the conclusion of the contract, the risk does not exist or has already occurred, the insurance is null.

The same applies in the case of insurance of a future risk, if it does not arise.

When, in the cases referred to in paragraphs 1 and 2, the policyholder contracted in bad faith or by committing an inexcusable error, the insurer retains the premium relating to the period going from the date provided for the effect of the contract until the day it learns of the inexistence of the risk.

Diminution of the risk

Art. 80. When, during the execution of an insurance contract other than a life insurance contract or health insurance, the risk of occurrence of the insured event has decreased in a significant and durable way to the point that, if the decrease had existed at the time of subscription, the insurer would have consented to the insurance under other conditions, the latter is required to grant a reduction of the premium to the extent from the day it had knowledge of the decrease in risk.

If the contracting parties fail to reach an agreement on the new premium within a period of one month from the request for reduction made by the policyholder, the latter may terminate the contract.

Aggravation of the risk

Art. 81. § 1. Unless it is a life insurance contract, health insurance or credit insurance, the policyholder has the obligation to declare, during the contract, under the conditions of article 58, the new circumstances or modifications of circumstances that are likely to lead to a significant and durable aggravation of the risk of occurrence of the insured event.

Without prejudice to the provisions of part 3, title III, chapter 2, when, during the execution of an insurance contract other than a life insurance contract, health insurance or credit insurance, the risk of occurrence of the insured event has aggravated to such an extent that, if the aggravation had existed at the time of subscription, the insurer would have consented to the insurance only under other conditions, it must, within a period of one month from the day it had knowledge of the aggravation, propose the modification of the contract with retroactive effect to the day of the aggravation.

If the insurer proves that it would not have insured the aggravated risk in any case, it may terminate the contract within the same period.

If the proposal for modification of the insurance contract is refused by the policyholder or if, at the end of a period of one month from the receipt of this proposal, it is not accepted, the insurer may terminate the contract within fifteen days following the expiration of the aforementioned period.

The insurer who has not terminated the contract nor proposed its modification within the deadlines indicated above can no longer rely in the future on the aggravation of the risk.

§ 2. If a loss occurs before the modification of the contract or the termination has taken effect and if the policyholder has fulfilled the obligation referred to in paragraph 1, the insurer is required to make the agreed benefit.

§ 3. If a loss occurs and the policyholder has not fulfilled the obligation referred to in paragraph 1:
a) the insurer is required to make the agreed benefit when the failure to declare cannot be attributed to the policyholder; b) the insurer is only required to make its benefit according to the ratio between the premium paid and the premium that the policyholder should have paid if the aggravation had been taken into consideration, when the failure to declare can be attributed to the policyholder.

However, if the insurer proves that it would not have insured the aggravated risk in any case, its benefit in case of loss is limited to the reimbursement of the total of the premiums paid; c) if the policyholder acted with fraudulent intent, the insurer may refuse its guarantee. The premiums due up to the moment the insurer had knowledge of the fraud are due to it as damages.

Section VII. - Co-insurance and lead insurer

Co-insurance

Art. 82. Unless otherwise agreed, co-insurance does not imply joint and several liability.

Lead insurer

Art. 83. In the case of co-insurance, a lead insurer must be designated in the contract. This one is deemed agent of the other insurers to receive the declarations provided by the contract and to make the necessary efforts for the settlement of losses, including the determination of the amount of the indemnity.

Consequently, the insured may address to it all significations and notifications, except those relating to a legal action brought against the other co-insurers. If no lead insurer has been designated in the contract, the insured may consider any of the co-insurers as lead insurer for the application of this article. The insured must however always address the same co-insurer as lead insurer.

Section VIII. - Forms of termination

Forms of termination

Art. 84.§ 1. Termination of the contract is effected by registered letter, by bailiff's deed, or by handing over the termination letter against a receipt. [1 If the registered letter is sent electronically, it must be a qualified electronic registered delivery service as defined in Article 3.37 of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/CE.]1 In the case referred to in Article 71, termination is effected by the notice of formal demand referred to in Article 70. § 2. Except in the cases referred to in Articles 57, §§ 3, 4 and 5, 71 [1 , 85/1, § 2,]1 and 86, § 1, termination only takes effect upon the expiration of a minimum period of one month calculated from the day following service or the day following the date of the receipt [1 or, in the case of a registered letter]1 , from the day following its deposit. The period referred to in the first paragraph must be indicated in the contract and reiterated in the termination act. [1 § 3. Without prejudice to paragraph 1, and to the extent provided by the insurer, the contract may be terminated by the policyholder via a digital environment made available by the insurer or the insurance intermediary, the policyholder signing the termination electronically with a qualified electronic signature or a qualified electronic seal referred to respectively in Articles 3.12 and 3.27 of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/CE, by which the signatory identifies themselves and manifests their will. The insurer must promptly provide the policyholder, on a durable medium, an acknowledgment of receipt of the termination mentioning the contract number. Without prejudice to paragraph 2, termination only takes effect upon the expiration of a period of one month calculated from the day following the date of the electronic signature.]1 ---------- (1)<L 2023-10-09/04, art. 2, 033; En vigueur : 01-10-2024>

Section IX. - Duration and end of the contract

Duration of obligations

Art. 85.§ 1. The duration of the insurance contract may not exceed one year. [2 Unless the policyholder opposes it, in the forms prescribed in Article 84, §§ 1 or 3, at least two months before the expiry of the contract term, or unless the insurer opposes it, in the forms prescribed in Article 84, § 1, at least three months before the expiry of the contract term]2 , it is tacitly renewed for consecutive periods of one year. [1 For certain types of insurance, the King may fix, by deliberated decree in the Council of Ministers, and after having obtained the opinion of the National Bank of Belgium, shorter periods within which the policyholder must oppose the tacit renewal.]1 The contract may not impose other notice periods. The parties may however terminate the contract when, between the date of its conclusion and the date of its entry into force, a period of more than one year elapses. This termination must be notified at the latest three months before the entry into force of the contract. [1 Paragraphs 1 and 3]1 do not apply to capitalization operations nor to health insurance and life insurance contracts. However, whatever the duration of these contracts, the policyholder may terminate them each year, either on the anniversary date of the start of the contract, or on the date of the annual premium due. § 2. The provisions of paragraph 1 are not applicable to insurance contracts covering the risks determined by the King. However, the following risks may not be excluded:

• Civil liability and vehicle body for motor vehicles;
• Fire (simple risks);
• Extra-contractual civil liability relating to private life;
• Bodily injury covered on an individual basis;
• Assistance;
• Legal protection.
  § 3. This article is not applicable to insurance contracts of a duration of less than one year.

---

(1)<L 2019-04-22/03, art. 2, 017; En vigueur : 10-05-2019> (2)<L 2023-10-09/04, art. 3, 033; En vigueur : 01-10-2024>

Termination in the case of certain tacitly renewable contracts BR>

Art. 85/1. [1 § 1. This article applies to insurance contracts that are tacitly renewable:

• which fall under the activity group branches "non-life";
• and which cover consumers as defined in Article I.1, 2°, of the Code of Economic Law.
  The King may determine certain branches of the activity group "non-life" to which this article does not apply.
  § 2. By derogation from Article 85, the policyholder may, upon the expiration of a period of one year from the start of the insurance contract, terminate without fees or penalties the tacitly renewable contracts referred to in paragraph 1.
  Termination takes effect upon the expiration of a period of two months calculated from the day following service or the day following the date of the receipt or, in the case of a registered letter, from the day following its deposit, or in the case of termination via a digital environment made available by the insurer, from the day following the date of the electronic signature. The right of termination provided for in the first paragraph is recalled in clear and understandable terms with each premium due notice. When the contract is terminated under the conditions provided for in the first paragraph, the policyholder benefits from the premium credit, in accordance with Article 73. § 3. The policyholder who wishes to terminate a contract in accordance with paragraph 2, in order to contract with a new insurer, may ask this new insurer, or if applicable an insurance intermediary, to carry out on their behalf the necessary formalities for the exercise of the right of termination. In this case, the new insurer or, if applicable, the insurance intermediary, ensures that the new contract enters into force at the latest upon the expiration of the termination period. The request of the policyholder, referred to in the first paragraph, may not be refused. In the case of combined policies, notwithstanding Article 66, the old contract may be terminated in its entirety. The same right applies when the policyholder opposes the tacit renewal of a contract, in accordance with Article 85, in order to contract with a new insurer. § 4. The King specifies, by deliberated decree in the Council of Ministers, the modalities and conditions for the application of this article.]1 ---------- (1)<Inséré par L 2023-10-09/04, art. 4, 033; En vigueur : 01-10-2024>

Art. 85/2. [1 Within the framework of the delegation provided for in Article 85/1, § 4, the King may provide for the processing of personal data provided that the following conditions are met:
1° the category of persons whose personal data may be subject to processing is the policyholder, the current insurer or the insurance intermediary who, as agent for one or more insurance companies, has the power to manage the insurance contract on behalf and for the account of these companies; 2° the personal data processed are the identification data of the policyholder, the current insurer, the insurance intermediary who, as agent for one or more insurance companies, has the power to manage the insurance contract on behalf and for the account of these companies, the policy number of the insurance contract to be terminated as well as all information provided by the policyholder necessary for the termination of the insurance contract; 3° the purpose of the processing of personal data is to allow the new insurer and/or, if applicable, the insurance intermediary to carry out, on behalf of the policyholder, the necessary formalities for the termination of the insurance contract referred to in Articles 85 and 85/1; 4° the category of persons who have access to the personal data are the current insurer of the policyholder, the new insurer and/or, if applicable, the insurance intermediary; 5° the maximum retention period for personal data is ten years.]1 ---------- (1)<L 2024-05-03/21, art. 68, 032; En vigueur : 01-10-2024>

Termination after a claim

Art. 86. § 1. In cases where the insurer reserves the right to terminate the contract after the occurrence of a claim, the policyholder has the same right. This termination is notified at the latest one month after the payment or refusal of payment of the indemnity. Termination takes effect upon the expiration of a period of at least three months calculated from the day following service, the day following the date of the receipt or the day following the date of deposit of the registered letter. When the policyholder, the insured or the beneficiary fails to comply with one of the obligations arising from the occurrence of the claim with the intention of deceiving the insurer, the latter may, at any time, terminate the insurance contract as soon as it has filed a complaint, with constitution of a civil party, against one of these persons before an investigating judge or cited them before the judgment court on the basis of Articles 193, 196, 197, 496 or 510 to 520 of the Penal Code. Termination takes effect at the earliest one month calculated from the day following service, the day following the date of the receipt or the day following the date of deposit of the registered letter. The insurer is required to repair the damage resulting from this termination if it has withdrawn its action or if the public action has resulted in a non-prosecution or an acquittal. § 2. In life insurance or health insurance, the insurer may not reserve the right to terminate the contract after a claim. § 3. In insurance covering mandatory civil liability for motor vehicles, the insurer may not reserve the right to terminate the contract after a claim unless it has paid or will have to pay indemnities to injured persons, with the exception of payments made in application of Article 29bis of the Law of 21 November 1989 on the mandatory insurance of liability for motor vehicles. In cases where termination is not authorized under the preceding paragraph, the termination by the insurer of an ancillary guarantee covering civil liability does not allow it to invoke the provisions of Article 66 to terminate the latter. § 4. The provisions of paragraph 1 of this article are not applicable to insurance contracts covering the risks determined by the King. However, the risks referred to in Article 85, § 2, first paragraph, may not be excluded.

Bankruptcy of the policyholder

Art. 87. In the event of bankruptcy of the policyholder, the insurance subsists for the benefit of the body of creditors who becomes debtor to the insurer for the amount of premiums due from the declaration of bankruptcy.
The insurer and the bankruptcy trustee nevertheless have the right to terminate the contract. However, the termination of the contract by the insurer may not take effect at the earliest than three months after the declaration of bankruptcy, while the bankruptcy trustee may only terminate the contract within the three months following the declaration of bankruptcy. This article does not apply to personal insurance.

Section X. - Prescription

Prescription period

Art. 88. § 1. The prescription period for any action deriving from the insurance contract is three years. In life insurance, the period is thirty years as regards the action relating to the reserve formed, at the date of termination or the arrival of the term, by the premiums paid, less the sums consumed. The period runs from the day of the event giving rise to the action. However, when the person entitled to the action proves that they only became aware of this event at a later date, the period only begins to run from that date, without exceeding five years from the event, fraud excepted. In the matter of liability insurance, the period runs, as regards the recourse action of the insured against the insurer, from the judicial request of the injured person, whether it is an original request for compensation or a subsequent request following the aggravation of the damage or the occurrence of new damage. In the matter of personal insurance, the period runs, as regards the action of the beneficiary, from the day when they have knowledge both of the existence of the contract, of their quality as beneficiary and of the occurrence of the event on which the exigibility of insurance benefits depends. § 2. Subject to special legal provisions, the action resulting from the own right that the injured person possesses against the insurer by virtue of Article 150 prescribes by five years from the event giving rise to the damage or, if there is a criminal offense, from the day when it was committed. However, when the injured person proves that they only became aware of their right against the insurer at a later date, the period only begins to run from that date, without exceeding ten years from the event giving rise to the damage or, if there is a criminal offense, from the day when it was committed. § 3. The recourse action of the insurer against the insured prescribes by three years from the day of payment by the insurer, fraud excepted.

Suspension and interruption of prescription

Art. 89. § 1. Prescription against minors, interdicted persons and other incapacitated persons does not run until the day of majority or the lifting of the incapacity.
§ 2. Prescription does not run against the insured, the beneficiary or the injured person who is, by force majeure, unable to act within the prescribed periods.
§ 3. If the claim has been declared in due time, prescription is interrupted until the moment when the insurer has communicated its decision in writing to the other party.
§ 4. The interruption or suspension of the prescription of the action of the injured person against an insured entails the interruption or suspension of the prescription of their action against the insurer. The interruption or suspension of the prescription of the action of the injured person against the insurer entails the interruption or suspension of the prescription of their action against the insured. § 5. The prescription of the action referred to in Article 88, § 2, is interrupted as soon as the insurer is informed of the intention of the injured person to obtain compensation for their prejudice. This interruption ceases at the moment when the insurer communicates in writing to the injured person its decision to indemnify or its refusal.

Section XI. - Arbitration

Arbitration

Art. 90. § 1. The clause by which the parties to an insurance contract engage in advance to submit to arbitrators the disputes to arise from the contract is deemed unwritten.
§ 2. The provisions of paragraph 1 are not applicable to insurance contracts covering the risks determined by the King.
However, the risks referred to in Article 85, § 2, first paragraph, may not be excluded.

CHAPTER 2. - Provisions specific to indemnity insurance

Insurable interest

Art. 91. The insured must be able to justify an economic interest in the preservation of the thing or the integrity of the patrimony.

Insurance for account

Art. 92. Insurance may be taken out for the account of whom it may concern. In this case, the insured is the one who justifies the insurable interest upon the occurrence of the claim.
The exceptions inherent to the insurance contract that the insurer could oppose to the policyholder are also opposable to the insured whoever they are.

Extent of insurance benefit

Art. 93. The benefit due by the insurer is limited to the prejudice suffered by the insured.
This prejudice may notably consist in the deprivation of the use of the insured property as well as in the lack of expected profit.

Cumulation of insurance of different character

Art. 94. Unless otherwise agreed, the benefits due in execution of an indemnity insurance contract are not reduced by the benefits due in execution of a fixed-sum insurance contract.

Subrogation of the insurer

Art. 95. The insurer who has paid the indemnity is subrogated, up to the amount thereof, in the rights and actions of the insured or the beneficiary against third parties responsible for the damage.
If, due to the act of the insured or the beneficiary, the subrogation can no longer produce its effects in favor of the insurer, the latter may claim restitution of the indemnity paid to the extent of the prejudice suffered.
Subrogation may not prejudice the insured or the beneficiary who would have been indemnified only in part. In this case, they may exercise their rights, for what remains due to them, in preference to the insurer.
Except in case of malice, the insurer has no recourse against descendants, ascendants, the spouse and direct line allies of the insured, nor against persons living in their household, their guests and members of their domestic staff. In case of malice occasioned by minors, the King may limit the right of recourse of the insurer covering extra-contractual civil liability relating to private life. However, the insurer may exercise recourse against these persons to the extent that their liability is effectively guaranteed by an insurance contract.

Overinsurance in good faith

Art. 96. When the insured amount in good faith, by one or more contracts taken out with the same insurer, exceeds the insurable interest, each of the parties has the right to reduce it proportionally.
When the insured amount is distributed among several contracts taken out with several insurers, this reduction takes place, in the absence of an agreement between all parties, on the insured amounts by the contracts in the order of their date starting with the most recent and may involve the termination of one or more contracts whose insured amount would thus be rendered null.

Overinsurance in bad faith

Art. 97. When the same insurable interest is insured in bad faith for an amount too high, by one or more contracts taken out with one or several insurers, the contracts are null, and the insurer or insurers, if they are in good faith, have the right to retain the premiums received as damages and interest.

Underinsurance: proportional rule

Art. 98. § 1. Unless otherwise agreed, if the value of the insurable interest is determinable and the insured amount is lower than it, the insurer is only obliged to provide its benefit in the ratio of this amount to this value.
§ 2. The King may, for certain risks, limit or prohibit underinsurance and the application of the proportional rule.

Allocation of the burden of the claim in case of plurality of contracts

Art. 99. § 1. If the same interest is insured against the same risk with several insurers, the insured may, in the event of a loss, claim compensation from each insurer, within the limits of each of their obligations, and up to the amount of compensation to which he is entitled.

Except in cases of fraud, none of the insurers may rely on the existence of other contracts covering the same risk to refuse coverage.

§ 2. Unless there is an agreement between the insurers regarding another method of distribution, the burden of the loss is distributed as follows:

1° If the value of the insurable interest is determinable, the distribution is made between the insurers proportionally to their respective obligations;

2° If the value of the insurable interest is not determinable, the distribution is made in equal shares among all contracts up to the maximum common amount insured by all contracts; without further taking into account contracts whose granted coverage reaches this last amount, any remaining balance of the compensation is distributed in the same manner among the other contracts, this distribution technique being reproduced in successive tranches up to the total amount of the compensation or the coverage actually granted by all contracts;

3° When one or more insurers cannot pay all or part of their share, this share is distributed among the other insurers in the manner provided for in 2°, without, however, exceeding the amount insured by each.

§ 3. When one or more insurers cannot pay all or part of their share, the other insurers have a right of recourse against them to the extent that they have assumed additional charges.

Death of the policyholder, beneficiary of the guarantee

Art. 100. In the event of transmission, following the death of the policyholder, of the insured interest, the rights and obligations arising from the insurance contract are transmitted to the new holder of this interest.

However, the new holder of the insured interest and the insurer may notify the termination of the contract, the first by registered letter within three months and forty days of the death, the second in the forms prescribed by Article 84, § 1, within three months of the day on which he became aware of the death.

Contracts concluded intuitu personae

Art. 101. By derogation from Article 100, the contract which was concluded in consideration of the person of the insured terminates by operation of law upon the death of that person.

CHAPTER 3. - Provisions specific to fixed-benefit insurance

Intérêt d'assurance

Art. 102. The beneficiary must have a personal and lawful interest in the non-occurrence of the insured event.

This interest is sufficiently justified when the insured has given his consent to the contract.

Absence of subrogation

Art. 103. Unless otherwise agreed, the insurer who has executed the insured benefits is not subrogated against third parties in the rights of the policyholder or the beneficiary.

Cumulation of compensation and benefits

Art. 104. Unless otherwise agreed, the compensation or benefits that the beneficiary obtains under another title do not reduce the obligations of the insurer.

TITLE III. - Damage insurance

CHAPTER 1. - General provisions

Indemnity principle

Art. 105. All damage insurance has an indemnity character.

Salvage costs

Art. 106. Costs resulting both from measures requested by the insurer to prevent or mitigate the consequences of the loss and from urgent and reasonable measures taken on the initiative of the insured to prevent the loss in case of imminent danger or, if the loss has begun, to prevent or mitigate its consequences, are borne by the insurer when they have been incurred as a prudent father of a family, even if the diligence carried out would have been without result. They are at his charge even beyond the insured amount.

The King may, for insurance contracts of liability other than that covered by the law of 21 November 1989 on mandatory liability insurance for motor vehicles and for insurance contracts on things, limit the costs referred to in the first paragraph of this article.

CHAPTER 2. - Property insurance contracts

Section I. - Provisions common to all property insurance

Sub-section 1. - Insurable value

Evaluation methods

Art. 107. The parties may determine the manner in which the goods must be evaluated for the purpose of their insurance. By derogation from Article 93, they may agree on a reconstruction, reconstitution, or replacement value, even without deducting the depreciation resulting from wear and tear.

Fixing the insured amount

Art. 108. The insured amount is fixed by the policyholder. This amount is deemed to be equal to the value of the insurable interest if it is fixed in agreement with the insurer's agent.

The parties may agree that this amount will be adjusted automatically according to the criteria they determine.

Agreed value

Art. 109. The parties may expressly agree on the value they intend to attribute to specific goods. This value binds them, except in cases of fraud.

If the insured good with an agreed value loses a significant part of its value, each of the parties is nevertheless entitled to reduce the amount of the agreed value or to terminate the contract.

Sub-section 2. - Obligations of the insured

State of the property

Art. 110. The insured may not, on his own authority, make modifications to the damaged property without necessity that render impossible or more difficult the determination of the causes of the loss or the estimation of the damage.

If the insured fails to fulfill the obligation referred to in the first paragraph and this results in prejudice to the insurer, the latter has the right to claim a reduction of his benefit up to the amount of the prejudice suffered or to claim damages.

The insurer may decline coverage if, with fraudulent intent, the insured has not fulfilled the obligation referred to in the first paragraph.

Sub-section 3. - Inter vivos transfer

Inter vivos transfer of an insured thing

Art. 111. § 1. In the event of an inter vivos transfer of real estate, the insurance terminates by operation of law three months after the date of execution of the authentic deed.

Until the expiration of the period referred to in the first paragraph, the coverage granted to the transferor is acquired by the transferee, unless the latter benefits from coverage resulting from another contract.

§ 2. In the event of an inter vivos transfer of movable property, the insurance terminates by operation of law as soon as the insured no longer has possession of the property, unless the parties to the insurance contract agree on another date.

Sub-section 4. - Payment of compensation and insurer's privilege

Payment of a compensation claim and sanctions BR>

Art. 111/1. [1] § 1. This article applies in the absence of other specific legal provisions regarding certain types of losses, notably Article 121.

§ 2. When the insured submits a compensation claim but the insurer disputes coverage of the loss by the insurance contract, the insurer provides a reasoned response to the elements invoked in the claim within a period of three months from the date on which it was submitted.

If no reasoned response is given within the three-month period referred to in the first paragraph, the insurer is automatically liable to pay a lump sum of 300 euros to the beneficiary of the insurance benefit.

When, after the expiration of the three-month period referred to in the first paragraph, the beneficiary of the insurance benefit has sent a reminder, by registered letter or by any other equivalent means, to the insurer, the latter is automatically liable to pay a lump sum of 300 euros per day of delay to the beneficiary of the insurance benefit from the day of sending the reminder if he has not responded to the reminder within eleven days. The King may specify the communication means considered equivalent to sending a registered letter.

The eleven-day period referred to in the third paragraph begins on the third working day following the day of sending the reminder by the beneficiary of the insurance benefit, unless the insurer proves otherwise.

The amount referred to in the third paragraph ceases to be due the day following the receipt of the reasoned response or the reasoned offer of compensation by the insured.

The amounts referred to in paragraphs 2 and 3 are automatically indexed on January 1 of each year based on the last available consumer price index. Indexation takes place for the first time on January 1 of the year following the entry into force of this law, using as a reference index the consumer price index of the month preceding the entry into force of this law. The base year used for the consumer price index is 2013 = 100.

§ 3. Provided that there is no dispute regarding coverage of the loss by the insurance contract, the insurer pays the part of the compensation indisputably due, established by mutual agreement between the parties, within thirty days following this agreement.

In case of dispute over the amount of compensation, the insured designates an expert who will fix the amount of compensation in consultation with the expert designated by the insurer. In the absence of an agreement, the two experts designate a third expert. The final decision on the amount of compensation is then taken by the experts by majority vote. The costs of the expert designated by the insured and, if applicable, the third expert are advanced by the insurer and are borne by the party in whose favor no decision was made.

The closing of the expert appraisal or the fixing of the damage amount takes place within ninety days following the date on which the insured informed the insurer of the designation of his expert.

The compensation is paid within thirty days following the date of closing of the expert appraisal or, failing that, the date of fixing the damage amount.

§ 4. The periods provided for in paragraphs 2 and 3 are suspended in the following cases:

1° the insured has not fulfilled, at the date of closing of the expert appraisal, all obligations placed on him by the insurance contract;

2° there are presumptions that the loss may be due to an intentional act on the part of the insured or the insurance beneficiary;

3° the insurer has informed the insured in writing of reasons independent of his will and that of his agents, which prevent the closing of the expert appraisal or the fixing of the damage amount referred to in paragraph 3.

In the case referred to in the first paragraph, 1°, the periods only begin to run the day after the day on which the insured has fulfilled said contractual obligations.

In the case referred to in the first paragraph, 2°, the insurer may reserve the right to obtain a copy of the criminal file beforehand. The request for authorization to obtain a copy is made by the insurer as soon as possible and, in case of expert appraisal, at the latest within thirty days of the closing of the appraisal. The eventual payment takes place within thirty days of the insurer's knowledge of the conclusions of said file, provided that the insured or the beneficiary, who claims the compensation, is not prosecuted criminally.

§ 5. In the event of non-compliance with the periods referred to in paragraph 3, the part of the compensation not paid within the periods bears interest automatically at double the legal interest rate from the day following the expiration of the period until the day of actual payment, unless the insurer proves that the delay is not attributable to himself or one of his agents.

§ 6. The insurer's requests for documents and information aimed at enabling him to determine whether the loss occurring is covered by the guarantee as well as the amount of the insurance benefit must be reasonable and relevant.

§ 7. In no case can advance offers contain a discharge for balance, even partial.

§ 8. This article applies when the payment or payments are made by the insurer directly to the beneficiary of the insurance benefit. It does not apply:

1° to subrogated third parties;

2° when, in accordance with a mechanism agreed with a third-party service provider, the insurance benefit is paid to this provider, within the limits of this insurance benefit.]1

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(1) Inserted by L 2024-03-17/13, art. 3, 034; In force: 01-10-2024>

Privileged and mortgage creditors

Art. 112. To the extent that the compensation due following the loss or deterioration of a property is not entirely applied to the repair or replacement of that property, it is allocated to the payment of privileged or mortgage claims, according to the rank of each.

Nevertheless, the payment of the compensation to the insured releases the insurer if the creditors whose privilege is not publicized have not previously filed an opposition.

The first and second paragraphs do not affect the legal provisions regarding direct actions against the insurer in specific cases.

Bankruptcy of the insured

Art. 113. In the event of the insured's bankruptcy, the compensation belongs to the bankruptcy estate. However, if certain insured properties are exempt from seizure, the compensation due under the insurance contract for these properties belongs to the bankrupt.

Insurer's privilege

Art. 114. The insurer has a privilege on the insured property for the premium relating to the period during which he effectively covered the risk. The privilege exists, regardless of the premium payment terms, only for an amount corresponding to two annual premiums.

This privilege is exempt from any registration. It takes rank immediately after that of legal costs.

Section II. - Provisions specific to certain property insurance

Sub-section 1. - Insurance against fire

Normal coverage

Art. 115. Unless otherwise agreed, fire insurance covers the insured goods against damage caused by fire, lightning, explosion, implosion, as well as by the fall or impact of aircraft or objects falling or projected from them, and by the impact of all other vehicles or animals.

Coverage extensions

Art. 116. Even when the loss occurs outside the insured property, the insurance coverage extends to damage caused to them by:

1° rescue or any suitable means of extinguishing, preserving, or saving;

2° demolitions or destructions ordered to stop the progress of a loss;

3° collapses resulting directly and exclusively from a loss;

4° fermentation or spontaneous combustion followed by fire or explosion.

Furniture insurance

Art. 117. The insured furniture that furnishes all or part of a building includes, in addition to that belonging to the insured, that of all persons living in his household, the policyholder being deemed to have subscribed on their behalf.

Nevertheless, the parties may agree to exclude certain specific furniture from the insured furniture in the contract.

Insurance of related liabilities

Art. 118. Unless otherwise agreed, insurance of liabilities incurred following a loss affecting the goods designated by the contract and whose cause or object are mentioned in Articles 115 to 117 does not cover damages resulting from bodily injury.

Exclusivity clauses

Art. 119. The insurer may not oblige the policyholder to insure with him:

1° the increase in insured amounts;

2° damages other than those initially covered.

The first paragraph does not affect the application of Article 108, second paragraph.

Rights of privileged and mortgage creditors

Art. 120. § 1. No exception or forfeiture deriving from a fact subsequent to the loss may be opposed by the insurer to the creditor enjoying on the insured property a right of preference known to the insurer.

§ 2. The suspension of the insurer's coverage, the reduction of the insurance amount, and the termination of the contract are opposable to the creditors referred to in paragraph 1.

However, if one of these creditors has notified the insurer of the existence of his right of preference, the suspension, reduction, or termination will only be opposable to him upon the expiration of a one-month period from the notification made by the insurer by registered letter. The period begins to run the day after the day on which the letter was deposited.

When the suspension or termination occurs following the non-payment of the premium by the policyholder, the creditor may avoid the consequences by paying, within one month of the notification made by the insurer, the premiums due, increased if necessary with interest and legal recovery costs.

Payment of compensation

Art. [121](#Art.121 FUTURE RIGHT).

§ 1. The parties may agree that the indemnity is payable only as and when the insured property is reconstructed or reconstituted.

The failure to reconstruct or reconstitute said property for a cause foreign to the will of the insured has no effect on the calculation of the indemnity, except that it renders the new value clause inapplicable.

§ 2. As regards simple risks defined by the King, the indemnity is paid as follows:

1° the insurer pays the amount intended to cover rehousing costs and other first-necessity expenses at the latest within fifteen days following the date of communication of proof that said expenses have been incurred;

2° the insurer pays the part of the indemnity unquestionably due established by common agreement between the parties within thirty days following such agreement. In case of dispute over the amount of the indemnity, the insured designates an expert who will fix the amount of the indemnity in consultation with the insurer. In the absence of an agreement, the two experts designate a third expert. The final decision regarding the amount of the indemnity is then taken by the experts by majority vote. The costs of the expert designated by the insured and, if applicable, the third expert are advanced by the insurer and are borne by the party in whose favor no decision was rendered.

The closing of the expertise or the fixing of the damage amount must take place within ninety days following the date on which the insured informed the insurer of the designation of their expert. The indemnity must be paid within 30 days following the date of closing of the expertise or, failing that, the date of fixing the amount of the damage;

3° in case of reconstruction or reconstitution of the damaged property, the insurer is required to pay the insured within thirty days following the date of closing of the expertise or, failing that, the date of fixing the amount of the damage, a first installment equal to the minimum indemnity fixed in paragraph 4, 1°, b).

The remainder of the indemnity may be paid in installments as and when the reconstruction or reconstitution progresses, provided that the previous installment has been exhausted.
The parties may agree after the loss a different distribution of the payment of indemnity installments;

4° in case of replacement of the damaged building by the acquisition of another building, the insurer is required to pay the insured within thirty days following the date of closing of the expertise or, failing expertise, the fixing of the amount of the damage, a first installment equal to the minimum indemnity fixed in paragraph 4, 1°, b).

The balance is paid upon the execution of the authentic deed of acquisition of the replacement property;

5° in all other cases, the indemnity is payable within thirty days following the date of closing of the expertise or failing that the date of fixing the amount of the damage;

6° the closing of the expertise or the estimation of the damage referred to in 3°, 4° and 5° above must take place within ninety days following the date of the declaration of the loss.

§ 3. The deadlines provided for in paragraph 2 are suspended in the following cases:

1° The insured has not fulfilled, by the date of closing of the expertise, all obligations imposed on them by the insurance contract. In this case, the deadlines do not begin to run until the day following the day on which the insured has fulfilled said contractual obligations;

2° [1 There]1 exist presumptions that the loss may be due to an intentional act on the part of the insured or the insurance beneficiary. In this case, the insurer may reserve the right to obtain a copy of the criminal file beforehand. The request for authorization to take knowledge thereof must be made at the latest within thirty days of the closing of the expertise ordered by him. Any eventual payment must occur within thirty days where the insurer has had knowledge of the conclusions of said file, provided that the insured or the beneficiary, who claims the indemnity, is not criminally prosecuted;

3° The loss is due to a natural disaster defined in sub-section 2 of this section. In this case, the minister who has Economic Affairs in his attributions may extend the deadlines provided for in paragraph 2, 1°, 2° and 6° ;

4° The insurer has informed the insured in writing of reasons independent of his will and that of his agents, which prevent the closing of the expertise or the estimation of damages referred to in paragraph 2, 6°.

§ 4. 1°. Without prejudice to the application of the other provisions of this law which allow reducing the indemnity, the indemnity referred to in paragraph 2 cannot be less than:

a) in the case of new value insurance, when the insured reconstructs, reconstitutes or replaces the damaged property, to 100% of this new value, depreciation deducted in accordance with paragraph 5.
However, if the price of reconstruction, reconstitution or the replacement value is lower than the indemnity for the damaged property calculated in new value at the time of the loss, the indemnity is at least equal to this reconstruction, reconstitution or replacement value increased by 80% of the difference between the initially expected indemnity and this reconstruction, reconstitution or replacement value deduction made of the percentage of depreciation of the damaged property and taxes and duties which would be payable on this difference, depreciation deducted, in accordance with paragraph 5;

b) in the case of new value insurance, when the insured does not reconstruct, reconstitute or replace the damaged property, to 80% of this new value, depreciation deducted, in accordance with paragraph 5;

c) in the case of insurance in another value, to 100% of this value;

2° in case of reconstruction, reconstitution or replacement of the damaged property, the indemnity referred to in paragraph 2 includes all taxes and duties generally whatever;

3° if the contract contains an automatic adjustment formula, the indemnity for the damaged building, calculated at the time of the loss, decreased by the indemnity already paid, is increased according to the possible increase of the last index known at the time of the loss, during the normal reconstruction period which begins to run from the date of the loss without the total indemnity thus increased being able to exceed 120% of the initially fixed indemnity nor exceed the total cost of reconstruction.

§ 5. In the case of new value insurance, the depreciation of a damaged property or of the damaged part of a property can only be deducted if it exceeds 30% of the new value.

§ 6. Paragraphs 1, 4 and 5 do not apply to liability insurance.

§ 7. In case of non-compliance with the deadlines referred to in paragraph 2, the part of the indemnity that is not paid within the deadlines bears of right interest at double the rate of the legal interest from the day following that of the expiration of the deadline until that of effective payment, unless the insurer proves that the delay is not attributable to himself or to one of his agents.

[1 § 8. When the insured submits a compensation request but the insurer contests the coverage of the loss by the insurance contract, the insurer gives a reasoned response to the elements invoked in the request within a period of three months from the date on which it was presented. If no reasoned response is given within the three-month period referred to in the first paragraph, the insurer is automatically liable to pay a lump sum of 300 euros in favor of the beneficiary of the insurance benefit. When, after the expiration of the three-month period referred to in the first paragraph, the beneficiary of the insurance benefit has sent a reminder, by registered mail or by any other equivalent means, to the insurer, the latter is automatically liable to pay a lump sum of 300 euros per day of delay in favor of the beneficiary of the insurance benefit from the day of sending the reminder if he has not responded to the reminder within eleven days. The King may specify the communication means considered equivalent to registered mail. The eleven-day period referred to in paragraph 3 begins to run on the third working day following that of the sending of the reminder by the beneficiary of the insurance benefit, unless proof to the contrary is provided by the insurer. The amount referred to in paragraph 3 ceases to be due the day following that of the receipt of the reasoned response or the reasoned offer of indemnification by the insured. The amounts referred to in paragraphs 2 and 3 are automatically indexed on January 1st of each year on the basis of the last available consumer price index. Indexation takes place for the first time on January 1st of the year following the entry into force of this law, using as reference index the consumer price index of the month preceding the entry into force of this law. The base year used for the consumer price index is 2013 = 100. This paragraph does not apply to simple risks determined by the King in accordance with paragraph 2.

§ 9. Requests by the insurer regarding documents and information aimed at allowing him to determine if the loss occurred is covered by the guarantee as well as the amount of the insurance benefit must be reasonable and relevant.

§ 10. Under no circumstances can advance offers contain a release for balance of account, even partial.]1

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(1)<L 2024-03-17/13, art. 4, 034; En vigueur : 01-10-2024>

Art. 121 FUTURE RIGHT.

§ 1. The parties may agree that the indemnity is payable only as and when the insured property is reconstructed or reconstituted.

The failure to reconstruct or reconstitute said property for a cause foreign to the will of the insured has no effect on the calculation of the indemnity, except that it renders the new value clause inapplicable.

§ 2. As regards simple risks defined by the King, the indemnity is paid as follows:

1° the insurer pays the amount intended to cover rehousing costs and other first-necessity expenses at the latest within fifteen days following the date of communication of proof that said expenses have been incurred;

2° the insurer pays the part of the indemnity unquestionably due established by common agreement between the parties within thirty days following such agreement. In case of dispute over the amount of the indemnity, the insured designates an expert who will fix the amount of the indemnity in consultation with the insurer. In the absence of an agreement, the two experts designate a third expert. The final decision regarding the amount of the indemnity is then taken by the experts by majority vote. The costs of the expert designated by the insured and, if applicable, the third expert are advanced by the insurer and are borne by the party in whose favor no decision was rendered.

The closing of the expertise or the fixing of the damage amount must take place within ninety days following the date on which the insured informed the insurer of the designation of their expert. The indemnity must be paid within 30 days following the date of closing of the expertise or, failing that, the date of fixing the amount of the damage;

3° in case of reconstruction or reconstitution of the damaged property, the insurer is required to pay the insured within thirty days following the date of closing of the expertise or, failing that, the date of fixing the amount of the damage, a first installment equal to the minimum indemnity fixed in paragraph 4, 1°, b).

The remainder of the indemnity may be paid in installments as and when the reconstruction or reconstitution progresses, provided that the previous installment has been exhausted.
The parties may agree after the loss a different distribution of the payment of indemnity installments;

4° in case of replacement of the damaged building by the acquisition of another building, the insurer is required to pay the insured within thirty days following the date of closing of the expertise or, failing expertise, the fixing of the amount of the damage, a first installment equal to the minimum indemnity fixed in paragraph 4, 1°, b).

The balance is paid upon the execution of the authentic deed of acquisition of the replacement property;

5° in all other cases, the indemnity is payable within thirty days following the date of closing of the expertise or failing that the date of fixing the amount of the damage;

6° the closing of the expertise or the estimation of the damage referred to in 3°, 4° and 5° above must take place within ninety days following the date of the declaration of the loss.

§ 3. The deadlines provided for in paragraph 2 are suspended in the following cases:

1° The insured has not fulfilled, by the date of closing of the expertise, all obligations imposed on them by the insurance contract. In this case, the deadlines do not begin to run until the day following the day on which the insured has fulfilled said contractual obligations;

2° [2 There]2 exist presumptions that the loss may be due to an intentional act on the part of the insured or the insurance beneficiary. In this case, the insurer may reserve the right to obtain a copy of the criminal file beforehand. The request for authorization to take knowledge thereof must be made at the latest within thirty days of the closing of the expertise ordered by him. Any eventual payment must occur within thirty days where the insurer has had knowledge of the conclusions of said file, provided that the insured or the beneficiary, who claims the indemnity, is not criminally prosecuted;

3° The loss is due to a natural disaster defined in sub-section 2 of this section. In this case, the minister who has Economic Affairs in his attributions may extend the deadlines provided for in paragraph 2, 1°, 2° and 6° ;

4° The insurer has informed the insured in writing of reasons independent of his will and that of his agents, which prevent the closing of the expertise or the estimation of damages referred to in paragraph 2, 6°;

[1 5° The period mentioned in Article 121/1, § 6, has not yet expired.]1

§ 4. 1°. Without prejudice to the application of the other provisions of this law which allow reducing the indemnity, the indemnity referred to in paragraph 2 cannot be less than:

a) in the case of new value insurance, when the insured reconstructs, reconstitutes or replaces the damaged property, to 100% of this new value, depreciation deducted in accordance with paragraph 5.
However, if the price of reconstruction, reconstitution or the replacement value is lower than the indemnity for the damaged property calculated in new value at the time of the loss, the indemnity is at least equal to this reconstruction, reconstitution or replacement value increased by 80% of the difference between the initially expected indemnity and this reconstruction, reconstitution or replacement value deduction made of the percentage of depreciation of the damaged property and taxes and duties which would be payable on this difference, depreciation deducted, in accordance with paragraph 5;

b) in the case of new value insurance, when the insured does not reconstruct, reconstitute or replace the damaged property, to 80% of this new value, depreciation deducted, in accordance with paragraph 5;

c) in the case of insurance in another value, to 100% of this value;

2° in case of reconstruction, reconstitution or replacement of the damaged property, the indemnity referred to in paragraph 2 includes all taxes and duties generally whatever;

3° if the contract contains an automatic adjustment formula, the indemnity for the damaged building, calculated at the time of the loss, decreased by the indemnity already paid, is increased according to the possible increase of the last index known at the time of the loss, during the normal reconstruction period which begins to run from the date of the loss without the total indemnity thus increased being able to exceed 120% of the initially fixed indemnity nor exceed the total cost of reconstruction.

§ 5. In the case of new value insurance, the depreciation of a damaged property or of the damaged part of a property can only be deducted if it exceeds 30% of the new value.

§ 6. Paragraphs 1, 4 and 5 do not apply to liability insurance.

§ 7. In case of non-compliance with the deadlines referred to in paragraph 2, the part of the indemnity that is not paid within the deadlines bears of right interest at double the rate of the legal interest from the day following that of the expiration of the deadline until that of effective payment, unless the insurer proves that the delay is not attributable to himself or to one of his agents.

[2 § 8. When the insured submits a compensation request but the insurer contests the coverage of the loss by the insurance contract, the insurer gives a reasoned response to the elements invoked in the request within a period of three months from the date on which it was presented. If no reasoned response is given within the three-month period referred to in the first paragraph, the insurer is automatically liable to pay a lump sum of 300 euros in favor of the beneficiary of the insurance benefit. When, after the expiration of the three-month period referred to in the first paragraph, the beneficiary of the insurance benefit has sent a reminder, by registered mail or by any other equivalent means, to the insurer, the latter is automatically liable to pay a lump sum of 300 euros per day of delay in favor of the beneficiary of the insurance benefit from the day of sending the reminder if he has not responded to the reminder within eleven days. The King may specify the communication means considered equivalent to registered mail. The eleven-day period referred to in paragraph 3 begins to run on the third working day following that of the sending of the reminder by the beneficiary of the insurance benefit, unless proof to the contrary is provided by the insurer. The amount referred to in paragraph 3 ceases to be due the day following that of the receipt of the reasoned response or the reasoned offer of indemnification by the insured. The amounts referred to in paragraphs 2 and 3 are automatically indexed on January 1st of each year on the basis of the last available consumer price index. Indexation takes place for the first time on January 1st of the year following the entry into force of this law, using as reference index the consumer price index of the month preceding the entry into force of this law. The base year used for the consumer price index is 2013 = 100. This paragraph does not apply to simple risks determined by the King in accordance with paragraph 2.

§ 9. Requests by the insurer regarding documents and information aimed at allowing him to determine if the loss occurred is covered by the guarantee as well as the amount of the insurance benefit must be reasonable and relevant.

§ 10. Under no circumstances can advance offers contain a release for balance of account, even partial.]2

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(1)<L 2024-05-03/21, art. 69, 032; En vigueur : 01-07-2025> (2)<L 2024-03-17/13, art. 4, 034; En vigueur : 01-10-2024>

On-site expertise or expertise with an expert designated by the insured

[Art.](#Art.121 FUTURE RIGHT) 121/1 FUTURE RIGHT.

[Inserted by L 2024-05-03/21, art. 70, 032; Effective: 01-07-2025] § 1. The insurer and the insured may each designate an expert.

§ 2. Without prejudice to information obligations provided by other laws, before the expert designated by the insurer visits the site, the insurer must provide the insured with the following information in a clear and comprehensible manner on a durable medium:

1. The identification data of the insurer;
2. The identification data of the expert designated by that insurer;
3. The code of conduct to which the expert designated by the insurer has, where applicable, subscribed;
4. The existence of a minimum reflection period of five working days for the insured to accept the compensation proposed by the insurer;
5. The contact details of the insurance ombudsman service.

§ 3. Without prejudice to information obligations provided by other laws, the expert designated by the insured must provide the insured with the following information, in a clear and comprehensible manner, before concluding the contract for the purpose of carrying out an assessment:

1. His identification data;
2. The code of conduct to which he has, where applicable, subscribed;
3. The conditions concerning the right to terminate the contract for the purpose of carrying out an assessment, if such a right is provided;
4. The total price including all taxes, including his hourly rate and the estimated number of hours or the percentage of the damage amount, and all services to be paid obligatorily in addition by the insured, or, when the price cannot reasonably be calculated in advance, the method of calculating the price;
5. The mission of the expert and the extent of his powers;
6. If the insured is a consumer, the contact details of the Consumer Mediation Service.

§ 4. During any unsolicited visit to the insured's home with a view to concluding a contract for the purpose of carrying out an assessment, the insured may only receive an offer without commitment.

This offer is drawn up on a durable medium and handed over to the insured. At the request of the offeror, a copy of the offer is signed only for receipt by the insured.

The offer indicates, in the immediate vicinity of the insured's signature, the following text in bold type and in the same font as the rest of the document: "This document is an offer without commitment and not a contract for the purpose of carrying out an assessment."

The offer may only be accepted by the insured after a minimum period of one day after the offer and after the insurer has been informed of the occurrence of the damage.

§ 5. After each assessment carried out on site or assessment carried out with an expert designated by the insured, the expert designated by the insurer draws up an assessment report in which the amount of damage is recorded.

A copy of the assessment report is transmitted to the insured and to the insurance company.

The insurance company formulates a compensation proposal to the insured based on the assessment report.

The King may determine the form and content of the assessment report.

§ 6. The insured may not accept the compensation proposed by the insurer until at least after the expiration of a reflection period of minimum five working days.

§ 7. At the end of his mission, the expert designated by the insured draws up a report on the end of the mission which is handed over to the insured.

The King may determine the form and content of the report on the end of the mission.

§ 8. The personal data mentioned in paragraphs 2 and 3, and, where applicable, the personal data mentioned in the assessment report referred to in paragraph 5 and the report on the end of the mission referred to in paragraph 7, may be subject to processing, provided that the following conditions are met:

1. The persons concerned are those who carry out assessments in the context of fire insurance;
2. The personal data processed are the identification data;
3. The purpose of the processing of the data is the improvement of transparency in the context of the assessment;
4. The categories of persons who have access to the data are the insured, as well as any person who is concerned by the assessment;
5. The maximum retention period for the processed data is ten years after the final decision concerning the amount of the compensation.]1

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(1)<Inserted by L 2024-05-03/21, art. 70, 032; Effective: 01-07-2025>

Droit propre du propriétaire et des tiers

[Art.](#Art.121/1 DROIT FUTUR) 122. The compensation due by the liability insurance insurer is devolved, both in the case of rental and sub-letting, to the owner of the leased property, to the exclusion of other creditors of the tenant or sub-tenant.

The compensation due by the third-party recourse insurer is devolved exclusively to them.

The owner and third parties have a direct right against the insurer.

Sous-section 2. - Insurance against natural disasters concerning simple risks

Couverture des catastrophes naturelles

Art. 123. The insurer of the insurance contract for things related to the fire peril, which covers simple risks as defined in execution of article 121, § 2, must obligatorily issue the natural disaster guarantee enumerated below according to the conditions provided in this sub-section:

a) earthquake; b) flooding; c) overflow or backflow of public sewers; d) sliding or subsidence of land.

Any suspension, nullity, expiration, or termination of the natural disaster guarantee automatically entails the suspension, nullity, expiration, or termination of the guarantee related to the fire peril. Likewise, any suspension, nullity, expiration, or termination of the guarantee related to the fire peril automatically entails the suspension, nullity, expiration, or termination of the natural disaster guarantee.

The set of perils covered by this sub-section forms a single and same guarantee which cannot be limited to a portion of the amounts insured on the building and contents, except according to the rules determined by the King.

Unless otherwise provided, the provisions of sub-section 1 apply to the guarantee covered by this sub-section.

Catastrophe naturelle : définition

Art. 124. § 1. By natural disaster, is meant:

a) either a flood, namely an overflow of rivers, canals, lakes, ponds, or seas following atmospheric precipitation, water runoff resulting from the lack of absorption of the soil following atmospheric precipitation, snow or ice melt, breach of dikes, or tsunami, as well as the landslides and subsidence resulting therefrom; b) either an earthquake of natural origin which

• destroys, breaks, or damages insurable goods within 10 kilometers of the insured building,
• or has been recorded with a minimum magnitude of 4 degrees on the Richter scale,
  as well as the floods, overflow, and backflow of public sewers, landslides, and subsidence resulting therefrom; c) either an overflow or backflow of public sewers caused by floods, atmospheric precipitation, storm, snow or ice melt, or flooding; d) either a landslide or subsidence, namely a movement of a large mass of land that destroys or damages goods, due in whole or in part to a natural phenomenon other than flooding or earthquake.

§ 2. Measures carried out by competent public establishments or, failing that, private establishments, which possess the required scientific skills, may be used to establish the natural disasters referred to in paragraph 1, a) to d).

§ 3. The King may, by a decree deliberated in the Council of Ministers, extend the list of natural disasters referred to in paragraph 1.

Catastrophe naturelle : unicité

Art. 125. § 1. The initial earthquake and its aftershocks occurring within 72 hours, as well as the insured perils resulting directly therefrom, are considered as a single and same earthquake.

§ 2. The initial overflow of a river, canal, lake, pond, or sea and any overflow occurring within a period of 168 hours after the receding, that is to say the return of this river, canal, lake, pond, or sea to its usual limits, as well as the insured perils resulting directly therefrom, are considered as a single and same flood.

Etendue de la garantie

Art. 126. The guarantee covers at least:

a) the damage caused directly to the insured goods by a natural disaster as defined in article 124 or an insured peril resulting directly therefrom, notably, fire, explosion, including that of explosives, and implosion; b) damage to insured goods resulting from measures taken in the aforementioned case by a legally constituted authority for the safeguard and protection of goods and persons, including floods resulting from the opening or destruction of locks, dams, or dikes with the aim of avoiding a possible flood or the extension thereof; c) clearance and demolition costs necessary for the reconstruction or reconstitution of damaged insured goods; d) for dwellings, rehousing costs incurred during [1 the year following]1 the occurrence of the loss when the residential premises have become uninhabitable.

The King may impose additional minimum conditions concerning the guarantee.

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(1)<L 2023-11-05/07, art. 105, 030; Effective: 21-12-2023>

Exclusions générales

Art. 127. § 1. In principle, the following are excluded from the guarantee covered by this sub-section, unless express stipulation of the insurance contract: unharvested crops, live livestock outside buildings, soils, crops, and forest stands.

§ 2. The following may be excluded from the guarantee covered by this sub-section:

a) objects located outside buildings, unless they are permanently fixed therein; b) constructions that are easy to move or dismantle, dilapidated, or under demolition, and their eventual contents, unless these constructions constitute the insured's main residence; c) garden shelters, sheds, storage rooms, and their eventual contents, fences and hedges of any nature, gardens, plantations, access ways and courtyards, terraces, as well as luxury goods such as swimming pools, tennis courts, and golf courses; d) buildings or parts of buildings under construction, transformation, or repair, and their eventual contents, unless they are inhabited or normally habitable; e) bodies of terrestrial, aerial, maritime, lacustrine, and fluvial vehicles; f) transported goods; g) goods whose damage repair is organized by specific laws or international conventions; h) damage caused by any source of ionizing radiation; i) theft, vandalism, real and personal property damage committed during a theft or attempted theft, and acts of malice made possible or facilitated by a covered loss.

§ 3. The King may specify the exclusions referred to in the preceding paragraphs.

Exclusions pour le péril inondation et les débordements et refoulements d'égouts publics

Art. 128. The following may be excluded from the guarantee covered by this sub-section, but only concerning the peril of flooding and overflow and backflow of public sewers: damage caused to the contents of cellars stored less than 10 cm from the ground, with the exception of heating, electricity, and water installations permanently fixed therein.

By cellar, is meant any premises whose floor is located more than 50 cm below the level of the main entrance to the residential rooms of the building containing it, with the exception of cellar premises permanently fitted out as residential rooms or for the exercise of a profession.

Zones à risque

Art. 129.§ 1. By risk zones, is meant places that have been or may be exposed to repeated and significant flooding.

§ 2. The King determines, in agreement with the regions, the criteria on the basis of which these must formulate their proposals regarding the delimitation of risk zones.

The King then delimits the risk zones.

He may not extend or reduce the risk zones except in agreement with the regions. He finally sets the modalities for the publication of the risk zones.

§ 3. By derogation from article 123, paragraph 3, the insurer of the insurance contract for things related to the fire peril may refuse to issue coverage against flooding [1 and against overflow and backflow of public sewers]1 when it covers a building, part of a building, or the contents of a building that were constructed more than eighteen months after the date of publication in the Belgian Monitor of the Royal Decree classifying the zone where this building is located as a risk zone in accordance with paragraph 2.

The goods referred to in the preceding paragraph are goods under construction, transformation, or repair that are definitively closed with doors and windows finished and permanently installed, and that are definitively and entirely covered.

This derogation is also applicable to ground extensions of goods existing before the classification date referred to in paragraph 1.

This derogation is not applicable to goods or parts of goods that are reconstructed or reconstituted after a loss and that correspond to the reconstruction or reconstitution value of the goods before the loss.

§ 4. Information regarding the fact that a good is located in a risk zone is provided:

• by the acquisition committee or the notary, in the authentic deed, in the case of a deed transferring real rights on an immovable property;
• by the architect, in writing in the contract, in the case of construction, restoration, or extension of an immovable property;
• by the transferor, in writing in the contract, in the case of a deed transferring real rights on an immovable property;
• by the lessor, in writing, in the contract or a specific document, for immovable properties given for rent and erected subsequent to the delimitation of risk zones;
• by the agents designated for this purpose by the King;
• by the municipal administrations regarding risk zones located on their territory.

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(1)<L 2017-04-18/03, art. 53, 007; Effective: 04-05-2017>

Paiement de l'indemnité

Art. 130.§ 1. Unless paragraph 2 applies, the compensation is paid according to the provisions of article 121.

The insurance contract may not apply, for natural disaster risks and other exceptional perils, a deductible higher than 610 euros per loss. This amount is linked to the evolution of the consumer price index, the base index being that of December 1983, namely 119.64 (Base 1981 = 100).

§ 2. The insurer may limit the total compensation it must pay upon the occurrence of a natural disaster to the lowest amount obtained by applying the following formulas:

a) ([1 1,88]1 x P + 0,05 x S) with a minimum of 2,000,000 euros; b) (1,05 x [1 1,88]1 x P) with a minimum of 2,000,000 euros;

where:

P is the collection of premiums and accessories, excluding acquisition costs and commissions, for fire guarantees and related perils plus electricity of the simple risks referred to in article 121, § 2, collected by the insurer during the accounting year preceding the loss;

S is the amount of compensation due by the insurer for a natural disaster other than an earthquake exceeding the amount of [1 1,88]1 x P.

In the case of an earthquake, the insurer may limit the total compensation it must pay to the lowest amount obtained by applying the following formulas:

a) (1,20 x P + 0,05 x S') with a minimum of 2,000,000 euros; b) (1,05 x 1,20 x P) with a minimum of 2,000,000 euros;

where:

P is the collection of premiums and accessories, excluding acquisition costs and commissions, for fire guarantees and related perils plus electricity of the simple risks referred to in article 121, § 2, collected by the insurer during the accounting year preceding the loss;

S' is the amount of compensation due by the insurer for an earthquake exceeding 1,20 x P.

The amount of 2,000,000 euros, referred to in this paragraph, is indexed in accordance with the provision of article 19, § 3, of the Royal Decree of 22 February 1991 establishing the general regulation relating to the control of insurance companies and published by the Bank.

§ 3. When an insurer applies the provisions of the preceding paragraph, the compensation it must pay under each of the insurance contracts it has concluded, is reduced pro rata when the limits prescribed in article 34-3, paragraph 3, of the Law of 12 July 1976 relating to the repair of certain damage caused to private property by natural calamities are exceeded.

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(1)<L 2023-12-22/01, art. 2, 031; Effective: 01-01-2024>

Bureau de tarification

Art. 131.§ 1. With a view to ensuring the coverage of the risks covered by this sub-section, the King sets up a Tariff Bureau whose mission is to specify the tariff conditions for risks that do not find coverage. Except in the cases referred to in article 129, § 3, any candidate policyholder has access to the Tariff Bureau's tariff conditions in accordance with what is provided in paragraph 2.

The King sets the date of entry into force of the Bureau.

The Tariff Bureau is not considered an insurance intermediary within the meaning of article 5, 20°.

§ 2. The insurer, who refuses a candidate policyholder or who proposes a premium or deductible that exceeds the Tariff Bureau's tariff conditions, must proactively communicate the Tariff Bureau's tariff conditions to candidate policyholders and simultaneously inform the candidate policyholder that he may possibly address another insurer.

§ 3. The Bureau consists of four members representing insurance companies and four members representing consumers, appointed by the King for a term of six years.

The members of the Bureau are chosen [1 from two lists, one presented by the professional associations of insurance companies and the other by associations likely to represent the interests of consumers]1.

The King appoints, for a term of six years, a president not belonging to the previous categories.

The King sets the allowances to which the president and members of the tariff bureau are entitled.

The King also designates a substitute for each member. The substitutes are chosen in the same manner as the full members.

The Bureau may associate experts who do not have deliberative voice.

The ministers having the Economy, the Interior, and Consumer Protection in their attributions may delegate an observer to the Bureau.

Unless the King decides otherwise, the Bureau exercises its activities within the framework of the National Calamities Fund referred to in article 35 of the Law of 12 July 1976 relating to the repair of certain damage caused to private property by natural calamities, which ensures its secretariat and daily management.

§ 4. The King determines the operating conditions of the Bureau and the obligations of insurers.

§ 5. Natural disaster risks priced under the Bureau's conditions are insured by all insurers practicing simple risk fire insurance in Belgium. The management of these risks is assumed by the insurer of the insurance contract for things related to the simple risk fire peril of the policyholder, or, failing that, by another insurer chosen by the candidate policyholder from this set of insurers covering simple fire risks in Belgium. The result of this management, as well as the operating costs of the Bureau, are distributed among the insurers practicing simple risk fire insurance in Belgium.

§ 6. The Bureau annually reports on its functioning. This report includes, in particular, an analysis of the tariff conditions applied by insurers. It is transmitted without delay to the Federal Legislative Chambers.

---

(1)<L 2023-11-05/07, art. 106, 030; Effective: 21-12-2023>

Caisse de Compensation des Catastrophes naturelles

Art. 132. § 1. The King approves, under the conditions He determines, a Natural Catastrophe Compensation Fund, hereinafter referred to as the Compensation Fund, whose mission is to set the key for distributing the burden of losses whose risks have been priced under the conditions of the Bureau, among all insurers offering in Belgium insurance of simple fire risks. The King may furthermore entrust the Compensation Fund, within the framework of natural catastrophe coverage, a mission of coordination between an insurer and the National Calamities Fund. § 2. The King approves the statutes and regulates the control of the activities of the Compensation Fund. He indicates the acts that must be published in the Belgian Monitor. If necessary, the King creates the Compensation Fund. § 3. Insurers who practice in Belgium insurance of simple fire risks are jointly liable to make, to the Compensation Fund, the payments necessary for the accomplishment of its mission and to bear its operating costs. If the Compensation Fund is created by the King, a Royal Decree fixes each year the rules for calculating the payments to be made by insurers. § 4. The approval is withdrawn if the Compensation Fund does not act in accordance with the laws, regulations, or its statutes. In this case, the King may take all measures suitable to safeguard the rights of policyholders, insured persons, and injured persons. The Compensation Fund remains subject to control during the duration of the liquidation. The King appoints a special liquidator in charge of this liquidation.

Sous-section 3. - Crop insurance

Termination after loss

Art. 133. By derogation from Article 86, when in crop insurance matters, the insurer has reserved the right to terminate the contract after the occurrence of a loss, this termination can only take effect at the expiration of the normal harvest period.

Sous-section 4. - Credit insurance and surety insurance

Scope of application

Art. 134. This sub-section applies to insurance contracts whose purpose is to guarantee the insured against the risks of non-payment of debts and against other risks assimilable thereto, determined by the King.

Inapplicable or supplementary legal provisions

Art. 135. Articles 57, 60, 81, 85, 86, 87, 90, and 95 are not applicable to credit insurance and surety insurance.
Articles 66, paragraphs 2 and 3, and 80 are supplementary regarding credit insurance and surety insurance.

Exclusions

Art. 136. This part is not applicable:
1° to credit insurance and surety insurance that guarantee claims against foreign entities; 2° to insurance falling under the National Office of Ducroire and issued by it directly or indirectly on behalf of or with the guarantee of the State in execution of the law of 31 August 1939 on the National Office of Ducroire.

Definitive refusal of coverage

Art. 137. By derogation from Articles 71, paragraph 2, and 72, when the policyholder does not make the payment of due premiums within one month of the summons to pay, the insurer has the option to definitively refuse its coverage; in this case, the policyholder remains liable for the payment of due premiums.

Unintentional omission or inaccuracy in the risk declaration and aggravation of risk

Art. 138. Unless otherwise agreed, the following rules apply:
§ 1. When the omission or inaccuracy in the declaration is not intentional, the insurer may reduce its benefit in proportion to the ratio between the premium paid and the premium the policyholder would have had to pay if the risk had been regularly declared. The insurer may nevertheless decline coverage if it establishes that it would not have insured the actual risk under any circumstances. In this case, it refunds the premium. If a circumstance unknown to both parties at the conclusion of the contract becomes known during its execution, paragraph 2 shall apply if said circumstance constitutes an aggravation of the insured risk. § 2. When, during the execution of a contract, the risk of occurrence of an insured event has aggravated, the policyholder must immediately declare this to the insurer. If a loss occurs and the policyholder has omitted, with fraudulent intent, to declare the aggravation, the insurer has the right to decline all coverage and retain the premium. If the policyholder is in good faith, the insurer may reduce its benefit according to the ratio between the premium paid and the premium the policyholder would have had to pay if the aggravation had been taken into consideration. The insurer may nevertheless decline coverage if it establishes that it would not have insured the aggravated risk under any circumstances. In this case, it refunds the premium.

Recourse of the insurer

Art. 139. All rights and actions of the insured relating to the claim subject to insurance are transferred to the insurer who has indemnified, even partially, the insured.
[1 Book 5, title 3, sub-title 4, chapter 1st, of the Civil Code and Article 60, paragraph 3, of book III, title XVII, of the old Civil Code]1 are not applicable to the transfer of rights and actions referred to in paragraph 1. Unless otherwise agreed, all sums recovered after the loss are distributed between the insurer and the insured proportionally to their respective shares in the loss. If, due to the insured, the transfer can no longer produce its effects in favor of the insurer, the latter may claim restitution of the indemnity paid to the extent of the prejudice suffered. ---------- (1)<L 2022-04-28/25, art. 51, 028; En vigueur : 01-01-2023>

Cession of rights and obligations arising from the contract

Art. 140. The assignment to a third party of rights and obligations arising from a credit insurance or surety insurance contract is not enforceable against the insurer unless the latter has given its written consent.

CHAPTER 3. - Liability insurance contracts

Scope of application

Art. 141. This chapter is applicable to insurance contracts whose purpose is to guarantee the insured against any claim for compensation based on the occurrence of the damage provided for in the contract, and to keep, within the limits of the coverage, its assets free from any debt resulting from established liability.

Obligations of the insurer subsequent to the expiration of the contract

Art. 142. § 1. The insurance coverage applies to the damage occurring during the duration of the contract and extends to claims made after the end of this contract.
§ 2. For branches of general civil liability, other than civil liability relating to motor vehicles, determined by the King, the parties may agree that the insurance coverage applies only to claims for compensation made in writing against the insured or the insurer during the duration of the contract for damage occurring during this same duration. In this case, claims for compensation relating to:

• damage occurring during the duration of this contract if, at the end of this contract, the risk is not covered by another insurer;
• acts or facts that could give rise to damage, occurring and declared to the insurer during the duration of this contract,
  are also taken into consideration, provided they are made in writing against the insured or the insurer within a period of thirty-six months from the end of the contract.

Direction of the dispute

Art. 143. From the moment the insurer's coverage is due, and as far as it is called upon, the insurer is obliged to take up the insured's cause within the limits of the coverage.
Regarding civil interests, and to the extent that the interests of the insurer and the insured coincide, the insurer has the right to contest, on behalf of the insured, the claim of the injured person. It may indemnify this person if appropriate.
These interventions of the insurer do not imply any recognition of liability on the part of the insured and cannot cause them prejudice.

Transmission of documents

Art. 144. Any judicial or extra-judicial act relating to a loss must be transmitted to the insurer as soon as it is notified, served, or delivered to the insured, under penalty, in case of negligence, of all damages and interest due to the insurer in compensation for the prejudice suffered.

Failure to appear

Art. 145. When, through negligence, the insured fails to appear or does not submit to an investigative measure ordered by the court, they must repair the prejudice suffered by the insurer.

Scope of payment of a compensation claim and sanctions in case of liability coverage BR>

Art. 145/1. [1 Articles 145/2 to 145/5 apply to damages suffered by injured persons who are natural persons or legal entities.
They apply in the absence of other specific legal provisions targeting certain types of losses, notably Articles 13 and 14 of the law of 21 November 1989 on the compulsory insurance of liability in respect of motor vehicles.]1 ---------- (1)<Inséré par L 2024-03-17/13, art. 5, 034; En vigueur : 01-10-2024>

Payment of a compensation claim and sanctions BR>

Art. 145/2. [1 § 1. Within a period of three months from the date on which the injured person presented a compensation claim, the insurer covering the liability of the person to whom the loss is imputed or its claims settlement representative is required to present a motivated compensation offer when each of the following conditions is met:
1° the coverage of liability by the insurance contract is not contested, 2° liability is not contested, 3° and the damage is not contested and has been quantified.
When the damage is not entirely quantified, the insurer or its claims settlement representative must present an advance offer. Regarding bodily injury, the advance covers at least the expenses already incurred and the indisputably due amount regarding the consequences already known of the damage suffered and, in particular, periods of temporary incapacity and disability already elapsed and predictable based on medical expert reports, whether contradictory or not, available. The consideration of future prejudice may be limited to three months following the date on which the injured person presented their compensation claim. If applicable, the insurer communicates to the injured person the conclusions of the unilateral provisional medical expert report, specifying that it is a provisional medical report, and recommending that the injured person inform themselves of what they are entitled to. § 2. The injured person who has been sent an advance offer may, no earlier than six months after the previous request, introduce a new request based on additional information collected subsequently on their damage and its evolution. § 3. If no offer is presented within the three-month period referred to in paragraph 1, first paragraph, the insurer is automatically liable in favor of the injured person for the payment of a complementary amount, corresponding to the legal interest on the amount of the indemnification or advance offered by the insurer or granted by the judge to the injured person, for a period running from the day following the expiration of the three-month period referred to in paragraph 1, first paragraph, to the day following the receipt of the offer by the injured person or, if applicable, the day on which the judgment or ruling by which the indemnification is awarded becomes final. The same sanction applies when the amount proposed in the offer referred to in paragraph 1 is not liquidated within thirty working days following the date on which the insurer receives the acceptance of this offer by the injured person. In this case, the period runs from the day of receipt of the acceptance to the day the amount is paid to the injured person. The same sanction applies when the amount proposed in the offer referred to in paragraph 1 is manifestly insufficient. The interest is calculated on the difference between the amount mentioned in the offer and the amount mentioned in the judgment or ruling relating to this offer and which has become final. The period runs from the day following the expiration of the three-month period referred to in paragraph 1, first paragraph, to the day of the judgment or ruling. § 4. In no case can advance offers contain a release for balance of account, even partial. § 5. Requests by the insurer for documents and information aimed at enabling it to determine if the loss occurring is covered by the coverage as well as the amount of the insurance benefit must be reasonable and relevant.]1 ---------- (1)<Inséré par L 2024-03-17/13, art. 6, 034; En vigueur : 01-10-2024>

Sanctions in case of lack of motivated response in case of contestation BR>

Art. 145/3. [1 § 1. When the injured person presents a compensation claim but:
1° the coverage of liability by the insurance contract is contested, 2° liability is contested or is not clearly established, or 3° the damage is contested or is not quantified, the insurer covering the liability of the person to whom the loss is imputed or its claims settlement representative gives a motivated response to the elements invoked in the request within a period of three months from the date on which it was presented. § 2. If no motivated response is given within the three-month period referred to in paragraph 1, the insurer is automatically liable for the payment of a lump sum of 300 euros in favor of the injured person. When, after the expiration of the three-month period referred to in paragraph 1, the injured person has sent a reminder, by registered mail or by any other equivalent means, to the insurer, the latter is automatically liable for the payment of a lump sum of 300 euros per day of delay in favor of the injured person from the day of sending the reminder if it has not responded to the reminder within eleven days. The King may specify the communication means considered equivalent to the sending of registered mail. The eleven-day period referred to in paragraph 2 starts on the third working day following the day of sending the reminder by the injured person, unless proof to the contrary is provided by the insurer. The amount referred to in paragraph 2 ceases to be due the day following the receipt of the motivated response or the motivated offer of indemnification by the injured person. The amounts referred to in paragraphs 1 and 2 are automatically indexed on January 1st of each year based on the last available consumer price index. The indexing takes place for the first time on January 1st of the year following the entry into force of this law, using as reference index the consumer price index of the month preceding the entry into force of this law. The base year used for the consumer price index is 2013 = 100.]1 ---------- (1)<Inséré par L 2024-03-17/13, art. 7, 034; En vigueur : 01-10-2024>

Suspension of deadlines BR>

Art. 145/4. [1 The deadlines provided for in Articles 145/2 and 145/3 are suspended when the insurer has informed the injured person in writing of the reasons independent of its will and that of its representatives that make it impossible to properly fulfill its obligations within said deadlines.]1 ---------- (1)<Inséré par L 2024-03-17/13, art. 8, 034; En vigueur : 01-10-2024>

Limitations to the scope of application BR>

Art. 145/5. [1 Articles 145/2 and 145/3 apply when the payment or payments are made by the insurer directly to the injured person. They do not apply:
1° to subrogated third parties;
2° when, in accordance with a mechanism agreed with a third-party service provider, the insurance benefit is paid to this provider, within the limits of this insurance benefit.]1 ---------- (1)<Inséré par L 2024-03-17/13, art. 9, 034; En vigueur : 01-10-2024>

Payment by the insurer of the principal, interest, and costs

Art. 146. To the extent of the coverage, the insurer pays the indemnity due in principal.
The insurer pays, even beyond the limits of the coverage, the interest related to the indemnity due in principal.
The insurer pays, even beyond the limits of the coverage, the costs related to civil actions as well as the fees and costs of lawyers and experts, but only to the extent that these costs have been incurred by it or with its agreement or, in case of conflict of interest not attributable to the insured, insofar as these costs have not been incurred in an unreasonable manner. The King may, for risks covered in liability insurance contracts other than that referred to in the law of 21 November 1989 on the compulsory insurance of liability in respect of motor vehicles, limit the interest and costs referred to in paragraphs 2 and 3.

Free disposal of the indemnity

Art. 147. The injured person freely disposes of the indemnity due by the insurer. The amount of this indemnity cannot vary depending on the use made of it by the injured person.

Release for balance of account

Art. 148. A release for partial balance of account or for full balance of account does not imply that the injured person waives their rights.
A release for full balance of account must mention the elements of the damage on which this account is based.

Indemnification by the insured

Art. 149. The indemnification or promise of indemnification of the injured person made by the insured without the agreement of the insurer is not enforceable against the latter.
The admission of the materiality of a fact or the taking charge by the insured of immediate financial first aid and medical care cannot constitute a cause for refusal of coverage by the insurer.

Own right of the injured person

Art. 150. The insurance creates in favor of the injured person a own right against the insurer.
The indemnity due by the insurer is acquired by the injured person, excluding other creditors of the insured.
If there are multiple injured persons and if the total of indemnities due exceeds the insured sum, the rights of the injured persons against the insurer are reduced proportionally up to this sum. However, the insurer who has paid in good faith to an injured person a sum greater than the share due to them, because they were unaware of the existence of other claims, remains liable to the other injured persons only up to the remainder of the insured sum.

Opposability of exceptions, nullities, and forfeitures

Art. 151.§ 1. In compulsory civil liability insurance, exceptions, deductibles, nullities, and forfeitures deriving from the law or the contract, and finding their cause in a fact prior or subsequent to the loss, are not opposable to the injured person.
However, opposable to the injured person are the cancellation, termination, expiration, or suspension of the contract, occurring before the occurrence of the loss.
§ 2. For other categories of civil liability insurance, the insurer can only oppose to the injured person the exceptions, nullities, and forfeitures deriving from the law or the contract and finding their cause in a fact prior to the loss.
The King may however extend the scope of application of paragraph 1 to categories of non-compulsory civil liability insurance that He determines.
[1 For insurance contracts referred to in Article 1 of the Royal Decree of 12 January 1984 determining the minimum guarantee conditions of insurance contracts covering extra-contractual civil liability relating to private life, a loss intentionally caused by a minor or resulting from their gross negligence, as provided by Article 62, is not opposable to the injured person.]1 ---------- (1)<L 2024-02-07/18, art. 37, 036; En vigueur : 01-01-2025]

Right of recourse of the insurer against the policyholder and the insured

(1)<L 2016-06-29/01, art. 77, 005; En vigueur : 16-07-2016>

Art. 152. (1)<L 2016-06-29/01, art. 77, 005; En vigueur : 16-07-2016> The insurer may, to the extent that it could have refused or reduced its benefits under the law or the insurance contract, reserve a right of recourse against the policyholder and, if applicable, against the insured other than the policyholder, up to the share of liability personally borne by the insured.

Under penalty of losing its right of recourse, the insurer is obliged to notify the policyholder and, if applicable, the insured other than the policyholder, of its intention to exercise recourse as soon as it becomes aware of the facts justifying this decision.

The King may limit recourse in the cases and to the extent that He determines.

Interventions in the proceedings

Art. 153. § 1. No judgment is binding on the insurer, the insured, or the injured party unless they were present or summoned to the proceedings.

However, the judgment rendered in proceedings between the injured party and the insured is binding on the insurer, if it is established that it has, in fact, assumed control of the lawsuit.

§ 2. The insurer may voluntarily intervene in the lawsuit brought by the injured party against the insured.

The insured may voluntarily intervene in the lawsuit brought by the injured party against the insurer.

§ 3. The insurer may call the insured to the cause in the lawsuit brought against him by the injured party.

The insured may call the insurer to the cause in the lawsuit brought against him by the injured party.

§ 4. The policyholder, if other than the insured, may voluntarily intervene or be called to the cause in any lawsuit brought against the insurer or the insured.

§ 5. When the lawsuit against the insured is brought before the criminal court, the insurer may be called to the cause by the injured party or by the insured and may voluntarily intervene, under the same conditions as if the lawsuit were brought before the civil court, without however the criminal court being able to rule on the rights that the insurer may assert against the insured or the policyholder.

CHAPTER 4. - Legal protection insurance contracts

Scope

Art. 154. Articles 155 to 157 apply to insurance contracts whereby the insurer undertakes to provide services and cover costs in order to enable the insured to assert his rights as plaintiff or defendant, either in judicial, administrative, or other proceedings, or outside any proceedings.

The defense of the insured assumed by the liability insurer under Articles 143 and 146 is not covered by Articles 155 to 157.

Criminal fines and settlements

Art. 155. No criminal fine or criminal settlement may be the subject of an insurance contract, except for those borne by the civilly responsible party and which are unrelated to the laws and decrees of execution relating to road traffic or road transport.

Free choice of counsel

Art. 156. Every legal protection insurance contract explicitly stipulates at least that:

1° (1)<L 2017-04-09/05, art. 2, 008; En vigueur : 05-05-2017> the insured has the freedom to choose, when it is necessary to resort to judicial, administrative, or arbitral proceedings, a lawyer or any other person having the qualifications required by the law applicable to the proceedings to defend, represent, and serve his interests and, in the case of arbitration, mediation, or other recognized non-judicial mode of dispute resolution, a person having the required qualifications and designated for this purpose (1)<L 2017-04-09/05, art. 2, 008; En vigueur : 05-05-2017>;

2° whenever a conflict of interest arises with his insurer, the insured has the freedom to choose, for the defense of his interests, a lawyer or, if he prefers, any other person having the qualifications required by the law applicable to the proceedings.

---

(1)<L 2017-04-09/05, art. 2, 008; En vigueur : 05-05-2017>

Right of the insurer to refuse coverage

Art. 157. Without prejudice to the possibility of initiating legal proceedings, the insured may consult a lawyer of his choice, in case of disagreement with his insurer regarding the attitude to adopt to settle the claim and after notification by the insurer of his point of view or his refusal to follow the insured's thesis.

If the lawyer confirms the insurer's position, the insured is reimbursed for half of the costs and fees of this consultation.

If, against the advice of this lawyer, the insured initiates proceedings at his own expense and obtains a better result than he would have obtained if he had accepted the insurer's point of view, the insurer who refused to follow the insured's thesis is required to provide coverage and reimburse the consultation costs that would have remained the insured's responsibility.

If the consulted lawyer confirms the insured's thesis, the insurer is required, regardless of the outcome of the proceedings, to provide coverage including the costs and fees of the consultation.

TITLE IV. - Personal insurance

CHAPTER 1. - Common provisions

Personal nature of the policy

Art. 158. The policy must be issued in the name of the policyholder; it cannot be to order or to bearer.

Insurance for young children

Art. 159. The King may impose specific conditions for insurance providing benefits in the event of the birth of a stillborn person or the death of a person under five years of age.

CHAPTER 2. - Life insurance contracts

Section I. - General provisions

Scope

Art. 160. This chapter applies to all personal insurance contracts in which the occurrence of the insured event depends solely on the duration of human life, even when

Right to insurance benefits due after the transcription of divorce

Art. 196. Subject to the application of Article 299 of the Civil Code, insurance benefits becoming due after the transcription of the divorce are validly paid to the divorced spouse designated as beneficiary, unless, in the contract itself, another person has been designated, specifically or not, as beneficiary in the event of divorce and the insurer has been informed of the divorce, or unless the spouses have agreed otherwise in accordance with Article 1287 of the Judicial Code and have informed the insurer of the new designation.

C. Legal separation

Legal separation

Art. 197. § 1. Articles 191 to 193 are applicable to legal separation on grounds of irretrievable breakdown.
§ 2. Articles 194 to 196 are applicable to legal separation by mutual consent.

Section VII. [1 Time limit for payment of a life insurance policy]1 ---------- (1)<Inserted by L 2019-05-02/28, art. 53, 018; Effective: 22-05-2020>

Art. 197/1.[1 This section applies to all modes of termination of a life insurance contract where the risk or commitment is located in Belgium, as well as in the case of partial surrender of such a life insurance contract. This section is not applicable to contracts concluded within the framework of the second pillar of the pension.]1 ---------- (1)<L 2024-05-03/21, art. 71, 032; Effective: 10-06-2024>

Art. 197/2. [1 Procedure and conditions for payment of the insured benefit § 1. When the insurer receives a request for payment of a life insurance contract, it communicates in writing to the beneficiary within a period of two weeks, from the day the request was received, the documents and information that must be transmitted to them for the payment of the insurance benefit of this life insurance contract. § 2. The period in paragraph 1 is suspended if the insurer does not have sufficient data to identify or locate one or more beneficiaries. The insurer takes all reasonable measures to obtain this data as quickly as possible, after which the period defined in paragraph 1 resumes. The insurer demonstrates with the file the reason for which the period was suspended, if applicable, and proves that this suspension is in compliance with the law. § 3. If the insurer finds, after receipt of the documents and information referred to in paragraph 1, that additional information is necessary given the nature and content of these documents and information, the insurer communicates this within a period of one month. § 4. Within a period of one month from the receipt of all documents and information to be provided, as described in paragraphs 1 and 3, the insurer proceeds with the payment of the insurance benefit to be granted. This period is suspended if the payment cannot be made for a reason unrelated to the insurer. The period starts running again when the reason ceases to exist. The insurer must demonstrate with the file the reason for which the period was suspended, if applicable, and must prove that this suspension is in compliance with the law. § 5. Failure to respect the periods referred to in paragraphs 1, 3 and 4 results in the legal interest rate starting to run by right and without formal notice on the insurance benefit to be granted from the day following the expiry of the unrespected period and until the day when the documents and information necessary as described in paragraphs 1 and 3 are requested or until the day of effective payment by the insurer as described in paragraph 4. § 6. The documents and information referred to in paragraphs 1 and 3 must be reasonable and relevant for the settlement of the payment of life insurance contracts. The insurer cannot request documents or information that it has already requested from the beneficiaries or from third parties. After opinion of the FSMA, the King may determine the documents and information that the insurer may or may not request.]1 ---------- (1)<Inserted by L 2019-05-02/28, art. 55, 018; Effective: 22-05-2020>

Art. 197/3. [1 Liability of the insurance intermediary § 1. In execution of this section, the insurer collaborating in the management and execution of the insurance contract with insurance agents or brokers who act apparently as agents of the insurer, is completely and unconditionally responsible for any action or omission of these insurance agents and brokers. The application of the first paragraph does not prejudice Article 279. § 2. The insurer may exercise a recourse against the persons referred to in paragraph 1 if they are the cause of the late payment.]1 ---------- (1)<Inserted by L 2019-05-02/28, art. 56, 018; Effective: 22-05-2020>

CHAPTER 3. - On personal insurance contracts other than life insurance contracts

Nature of the guarantees

Art. 198. Personal insurance contracts other than life insurance have an indemnity nature or a fixed-sum nature according to what is determined by the will of the parties.

Fixed-sum insurance other than life insurance

Art. 199. The King determines to what extent and according to what modalities the provisions of this law relating to life insurance contracts are applicable to personal insurance contracts of a fixed-sum nature for which the occurrence of the insured event does not depend exclusively on the duration of human life.

Choice of doctor

Art. 200. For his care, the insured has the free choice of his doctor.

CHAPTER 4. - On health insurance contracts

Section I. - Preliminary provisions

Definitions

Art. 201. § 1. By health insurance contract, is understood:
1° health care insurance which guarantees, in the event of illness or in the event of illness and accident, benefits relating to any preventive, curative or diagnostic medical treatment necessary for the preservation and/or recovery of health; 2° loss of earning capacity insurance which, in the event of illness or in the event of illness and accident, fully or partially compensates for the reduction or loss of professional income due to the loss of earning capacity of a person; 3° disability insurance which guarantees a benefit in the event of illness or in the event of illness and accident; 4° non-mandatory care insurance which provides for benefits in the event of total or partial loss of autonomy. Excluded from the definition of the health insurance contract are:
a) temporary travel and assistance insurance which guarantees the benefits referred to in the first paragraph; b) work accident insurance under the law and complementary accident insurances linked to it; c) accident insurance; d) solidarity benefits referred to in Article 1 of the Royal Decree of 14 November 2003 fixing the solidarity benefits linked to supplementary social pension schemes; e) solidarity benefits referred to in Article 1 of the Royal Decree of 15 December 2003 fixing the solidarity benefits linked to social pension conventions. § 2. "Health insurance contract linked to professional activity" means any health insurance contract concluded by one or more policyholders for the benefit of one or more persons professionally linked to the policyholder(s) at the time of affiliation. § 3. "Main insured" means the person for whose benefit the health insurance contract is concluded. § 4. "Secondary insureds" means the family members of the main insured affiliated to the health insurance contract.

Section I/1. [1 - Common provisions for health care insurance referred to in Article 201, § 1, first paragraph, 1°]1 ---------- (1)<Inserted by L 2024-04-21/07, art. 3, 035; Effective: 01-11-2024>

Benefits resulting from a suicide attempt

Art. 201/1. [1 § 1. The insurance company cannot exclude benefits resulting from a suicide attempt by the policyholder from the health care insurance contract.
§ 2. It is prohibited for the insurer, when concluding a health care insurance contract, to charge a surcharge or refuse insurance on account of a prior suicide attempt by the policyholder.
§ 3. Persons who have made a suicide attempt and wish to conclude a health care insurance contract declare this suicide attempt to their insurer in accordance with Article 58. It is prohibited for the insurance company, after a maximum period of one year following the suicide attempt, to take this attempt into account to determine the current state of health.]1 ---------- (1)<Inserted by L 2024-04-21/07, art. 4, 035; Effective: 01-11-2024>

Section II. - Non-professionally linked health insurance contracts

Scope of application

Art. 202. The provisions of this section are applicable to non-professionally linked health insurance contracts.
These provisions are applicable to the policyholder, the main insured and the secondary insureds.

Duration of the insurance contract

Art. 203. § 1. Without prejudice to the application of Articles 59, 60, 65, 69, 70, 71, 72 and 81 and except in the case of fraud, the health insurance contracts referred to in Article 201, § 1, 1°, 3° and 4° are concluded for life. The health insurance contracts referred to in Article 201, § 1, 2°, are valid until the age of 65 or an earlier age, if this age is the normal age at which the insured completely and definitively ends his professional activity. § 2. Without prejudice to the application of Article 85, § 3, contracts may be concluded for a limited duration at the express request of the main insured and if it is in his interest. § 3. The provisions of this article are not applicable to health insurance contracts offered as ancillary to the main risk, the duration of which is not for life.

Tariff and contractual modifications

Art. 204.§ 1. Unless mutual agreement of the parties and at the exclusive request of the main insured, and in the cases referred to in paragraphs 2, 3 and 4, the insurer can no longer make modifications to the technical bases of the premium nor to the coverage conditions after the health insurance contract has been concluded. The modification of the technical bases of the premium and/or the coverage conditions, with mutual agreement of the parties, provided for in the first paragraph, can only be carried out in the interest of the insureds. [1 Notwithstanding the first paragraph, the insurer may, in the interest of the insureds and with the agreement of the policyholder, modify the health insurance contract, due to the application of new regulation.]1 § 2. [2 The premium, the deductible and/or the benefit may be adapted on the date of the annual premium due date on the basis of the consumer price index.]2 § 3. [2 The premium, the deductible and/or the benefit may be adapted, on the date of the annual premium due date and on the basis of one or more specific indices, to the costs of the services covered by private health insurance contracts if and to the extent that the evolution of this or these indices exceeds that of the consumer price index.]2 The King, on joint proposal of the ministers who have Insurance and Social Affairs in their portfolio and after consultation of the Federal Expertise Centre for Health Care (hereinafter "the Expertise Centre"), determines the method of construction of these indices. To this end, He:

• selects a set of objective and representative parameters;
• determines the method of calculation of the values of these parameters;
• determines the respective weights of these parameters in the index or indices.
  This method can be evaluated by the Expertise Centre, at the joint request of the ministers who have Social Affairs and Insurance in their portfolio.
  On the basis of the method fixed by the King, the SPF Economy calculates and publishes annually in the Belgian Monitor the value of the index or indices, on the basis of figures known on 30 June. The publication of the result is made no later than 1 September. The modalities of collaboration between the Expertise Centre and the SPF Economy are the subject of a protocol signed between these two institutions. The King may increase the frequency of the calculation and publication of the value of the index or indices. The persons and institutions that have the information necessary for the calculation are required to communicate them to the Expertise Centre and the SPF Economy at the request of these. [2 Each insurance company automatically adapts the indexation clauses and the conditions in the contracts, in accordance with this paragraph and the implementing decrees, including their subsequent modifications. They are adapted within a period of 2 years from the entry into force of these decrees and any subsequent modification thereof. The insurance company informs the policyholder of the modified indexation method and its conditions by means of a mention on the due notice. Modifications resulting from the adaptation of existing contracts to this law and its implementing decrees cannot justify the termination of the contract by the policyholder.]2 [3 For the calculation of the specific indices referred to in the first paragraph, insurance companies communicate the gross claim burden by benefit and by age class for any health care insurance other than health care insurance linked to professional activity. These data concern invoices before April for claims that occurred between 1 October of the second year preceding the reporting and 30 September of the year preceding this reporting. The King may specify the elements to which the data referred to in the previous paragraph relate.]3 § 4. The application of this article does not prejudice Article 41 of this law, [2 nor Article 504 of the Law of 13 March 2016]2. § 5. The premium, the waiting period and the coverage conditions may be adapted reasonably and proportionally:

1. to changes in the profession of the insured, as regards non-mandatory health care insurance, loss of earning capacity insurance, disability insurance and care and/or
2. to changes in the income of the insured, as regards loss of earning capacity insurance and disability insurance and/or
3. when he changes status in the social security system, as regards health care insurance and loss of earning capacity insurance, provided that these modifications have a significant influence on the risk and/or the cost or the extent of the guaranteed benefits.

---

(1)<L 2015-10-26/06, art. 87, 003; Effective: 09-11-2015> (2)<L 2016-03-13/07, art. 728, 004; Effective: 23-03-2016; see also art. 756> (3)<L 2017-04-18/03, art. 54, 007; Effective: 04-05-2017>

Incontestability

Art. 205. As soon as a period of two years has elapsed from the entry into force of the health insurance contract, the insurer cannot invoke Article 60 regarding unintentional omissions or inaccuracies in the declarations of the policyholder or the insured, when these omissions or inaccuracies relate to an illness or condition whose symptoms had already manifested at the time of the conclusion of the contract and which was not diagnosed within the same two-year period. The insurer cannot invoke an unintentional omission or inaccuracy when the illness or condition had not manifested in any way at the time of the conclusion of the insurance contract.

Chronic patients and disabled persons

Art. 206. The candidate main insured who suffers from a chronic illness or disability and who has not reached the age of sixty-five, has the right to health care insurance, it being understood that the costs related to the illness or disability existing at the time of the conclusion of the health insurance contract may, without prejudice to the application of Article 205, be excluded from coverage. The premium must be that which would be charged to the same person if he were not a chronic patient or disabled. Without prejudice to the application of Articles 58 and 61 regarding information on genetic data, a document that precisely establishes the illness or disability referred to as well as the costs excluded from coverage or subject to limited coverage, is attached to the insurance contract. The model of the document is fixed by the King. Without prejudice to the competence of the courts and tribunals, disputes regarding costs excluded from coverage or subject to limited coverage are first submitted to a conciliation body constituted by the King by deliberated decree in the Council of Ministers.

Art. 207.§ 1. The main insured informs the insurer, in writing or by electronic means, of the moment when a secondary insured leaves the insurance contract as well as of his new place of residence.
Based on this data, the insurer submits to the secondary insured, within thirty days, an insurance offer in accordance with Articles 203 and 204. The insurer informs the secondary insured that the offer also applies to his family members. He cannot invoke the fact that the risk has already been realized. The secondary insured has a period of sixty days to accept the insurance offer in writing or by electronic means. The right to accept the offer expires upon the expiry of this period. § 2. The insurance contract that the secondary insured has accepted begins to run at the moment when he loses the benefit of the previous insurance.

Section III. - Individual continuation of a health insurance contract linked to professional activity

Conditions for granting

Art. 208. § 1. Unless they lose the benefit of the professional activity-linked health insurance contract for the reasons referred to in Articles 59, 60, 69, 70, 72 and 79 and, generally, in cases of fraud, any person affiliated with a professional activity-linked insurance has the right to continue, in whole or in part, this insurance individually when they lose the benefit of the professional activity-linked insurance, without having to undergo an additional medical examination or fill out a new medical questionnaire.

To this end, the main insured person must, during the two years preceding the loss of the professional activity-linked health insurance contract that is continued, have been continuously affiliated with one or more successive health insurance contracts taken out with an insurance company within the meaning of this law.

§ 2. The policyholder or, in the event of bankruptcy or liquidation, the curator or liquidator of the policyholder, informs the main insured person, in writing or by electronic means, at the latest within thirty days following the loss of the benefit of the professional activity-linked insurance, of the precise moment of this loss and of the possibility of continuing the contract individually. Furthermore, they inform the main insured person of the deadline within which they and, where applicable, the co-insured can exercise their right to individual continuation. The policyholder or, in the event of bankruptcy or liquidation, the curator or liquidator transmits at the same time to the main insured person the contact details of the concerned insurance company.

The main insured person and, where applicable, the co-insured have a period of thirty days to inform the insurer in writing or by electronic means of their intention to continue the professional activity-linked health insurance contract, in whole or in part, individually. The period begins to run on the day of receipt of the letter by which the policyholder or, in the event of bankruptcy or liquidation, the curator or liquidator of the policyholder informs the main insured person in writing or by electronic means that they can decide to individually continue the professional activity-linked health insurance contract from which they have lost the benefit. The main insured person and, where applicable, the co-insured have the right to extend this thirty-day period, provided they inform the insurer in writing or by electronic means. This right must be notified to them by the employer, in accordance with the first paragraph. This period expires in any case after one hundred and five days from the day of the loss of the benefit of the professional activity-linked health insurance.

The insurer has a period of fifteen days to submit to the main insured person and, where applicable, to the co-insured, in writing or by electronic means, an insurance offer in accordance with Articles 203 and 204. The insurer cannot invoke the fact that the risk has already materialized.

At the same time as sending its offer, the insurer informs the main insured person and, where applicable, the co-insured about the guarantee conditions, in particular the covered benefits, exclusions, and the declaration period. It also reminds the main insured person and, where applicable, the co-insured of the thirty-day period available to them to accept the offer either in writing or by electronic means.

The main insured person and, where applicable, the co-insured have a period of thirty days to accept the insurance offer in writing or by electronic means. This period begins to run on the day of receipt of the insurer's offer referred to in the third paragraph. The right to individual continuation expires upon the expiration of this period.

§ 3. When the co-insured loses the benefit of the professional activity-linked insurance for a reason other than the loss of this benefit by the main insured person, the co-insured has a period of one hundred and five days, from the moment they lose the aforementioned benefit, to inform the insurer, in writing or by electronic means, of their intention to exercise their right to individual continuation.

The insurer has a period of fifteen days to make them, by electronic means or in writing, an insurance offer in accordance with Articles 203 and 204. The insurer cannot invoke the fact that the risk has already materialized.

The co-insured has a period of thirty days to accept the insurance offer in writing or by electronic means. This period begins to run on the day of receipt of the insurer's offer referred to in the second paragraph. The right to individual continuation expires upon the expiration of this period.

§ 4. The insurance contract accepted by the insured person takes effect at the moment they lose the benefit of the professional activity-linked insurance.

Information to be provided by the insurer

Art. 209. § 1. The insurer informs the policyholder of the possibility for the insured person to pay an individual complementary premium. The policyholder transmits this information to the main insured person without delay.

The payment of these complementary premiums, insofar as they have been paid year by year without interruption, has the effect that in the event of individual continuation, the premium referred to in Article 211 is fixed taking into account the age of the insured person at the time they started paying the complementary premiums.

The age retained for the calculation of the premium referred to in Article 211 is adjusted proportionally, in the event of a temporary interruption of the payment of the complementary premiums referred to in the second paragraph, based on this interruption.

§ 2. If the insurer has neglected to fulfill the information duty referred to in the first paragraph, the premium of the individually continued health insurance contract is, by derogation from Article 211, calculated taking into account the age of the main insured person or the co-insured at the time of their affiliation to the professional activity-linked insurance. It is for the insurer to demonstrate that they have fulfilled the information duty referred to in the first paragraph.

If the policyholder has omitted to transmit the information referred to in the first paragraph to the main insured person, the policyholder is required to pay the insurer the difference between the premium calculated on the basis of the age reached at the time of exercising the right of individual continuation of the contract and the premium calculated on the basis of the age of the main insured person at the time of their affiliation to the professional activity-linked insurance. The premium relating to the individually continued health insurance contract that is claimed from the main insured person is also, in this case, by derogation from Article 211, calculated taking into account the age of the main insured person at the time of their affiliation to the professional activity-linked insurance. It is for the policyholder to demonstrate that they have transmitted the information referred to in the first paragraph.

Guarantees

Art. 210. § 1. The individually continued health insurance contract offers at least guarantees similar to those offered by the continued professional activity-linked health insurance contract.

The guarantees of individual health care insurance are considered similar if the following elements of the professional activity-linked health care insurance are included:
1° the choice of room: full or partial reimbursement or non-reimbursement of costs incurred in an individual, double, or shared room; 2° the reimbursement formula: reimbursement (partial) of actual costs or reimbursement of costs based on the INAMI reimbursement level within the framework of legal health care insurance, or the possibility of a fixed-rate intervention; 3° pre- and post-hospitalization: coverage or non-coverage of outpatient costs related to hospitalization that occur within a determined period before or after hospitalization; if these costs are covered, this period must be a minimum of one month before and three months after hospitalization; 4° serious illnesses: coverage or non-coverage of outpatient costs related to serious illnesses.

The guarantees of individual work incapacity insurance are considered similar if they provide, like the professional activity-linked work incapacity insurance, the payment of the same percentage of the income loss suffered or the same fixed amount, however limited where applicable to the income loss suffered. The individual work incapacity insurance, which continues the professional activity-linked work incapacity insurance, is valid until the legal pension age or an earlier age, if it is the age at which the insured person completely and definitively ceases their professional activity.

The guarantees of individual disability insurance are considered similar if they provide for the payment of the same fixed amount or compensation calculated on the basis of the same parameters as those taken into account within the framework of professional activity-linked disability insurance.

The guarantees of individual dependency insurance are considered similar if they provide, like the professional activity-linked care insurance, the payment of the same fixed amount or identical compensation for costs due to total or partial loss of autonomy.

§ 2. Without prejudice to Article 203, § 1, the individual continuation of the professional activity-linked health insurance contract takes place without imposing a new waiting period. The guarantee cannot be limited and no additional premium can be imposed due to the evolution of the insured person's state of health during the professional activity-linked health insurance contract.

Premium

Art. 211. For the calculation of the premium of the individually continued health insurance contract, only the following are taken into account:
1° the age of the insured person at the time of individual continuation of the contract, without prejudice to Article 209, § 1; 2° [1 regarding health care insurance, the risk assessment elements as they existed and were assessed at the time of the insured person's affiliation to a professional activity-linked health care insurance contract and provided that the insured person remained continuously affiliated with one or more successive health care insurance contracts; for other health insurances, the risk assessment elements, as they existed and were assessed at the time of affiliation to the continued professional activity-linked health insurance contract;]1 3° the social security scheme and the status to which the insured person is subject; 4° regarding health care insurance, disability insurance, and care insurance, as well as the profession of the insured person; 5° regarding work incapacity insurance, the profession and professional income of the insured person. ---------- (1)<L 2016-06-29/01, art. 79, 005; En vigueur : 16-07-2016>

CHAPTER 5. - Provisions specific to certain insurance contracts that guarantee the repayment of a credit capital

Art. 212. § 1. The King may, on the joint proposal of the Minister and the Minister responsible for Public Health and after consultation of the Commission for the Protection of Privacy, fix implementing provisions for one or more of the following points:
1° in which cases and for which types of credit or for which insured amounts a standardized medical questionnaire must be completed; 2° the content of the standardized medical questionnaire, it being understood that it must be established in respect of the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data and of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950; 3° the manner in which insurers take the questionnaire into account in their decision to grant or not grant insurance and for the fixing of the premium; 4° the cases where insurers may request a supplementary medical examination from the insurance candidate, as well as the content of this examination and the right to information concerning the results of this examination; 5° the period within which insurers must communicate their decision regarding the insurance application to the insurance candidate, it being understood that the overall duration of processing mortgage loan application files by credit institutions and insurers cannot exceed five weeks from the receipt of the complete file; 6° the manner in which credit institutions also take into account other guarantees than the insurance of the remaining balance when granting a credit; 7° the conditions under which insurance candidates who are refused access to insurance of the remaining balance can appeal to the Pricing Monitoring Bureau referred to in Article 217, § 1; 8° the obligation on insurance companies and credit institutions to widely and understandably disseminate information on the existence of this insurance mechanism for the remaining balance for persons presenting an increased health risk; 9° the cases in which a declaration on honor must be produced regarding the object of the insurance contract.

The conditions referred to in the first paragraph, 7°, fix in particular the number of refusals from insurance companies that the insurance candidate must have encountered before being able to address the Pricing Monitoring Bureau, as well as the height of premiums assimilated to a refusal of the application.

§ 2. The King may regulate or prohibit the use of medical questionnaires.
The King may determine, reformulate, or prohibit questions related to the health of the insured person. He may limit the scope of a question in time.
The King may determine the insured amount below which only the medical questionnaire may be used.

§ 3. Notwithstanding any contrary stipulation unfavorable to the candidate policyholder, the insurer is liable for the damage caused by the non-compliance with the provisions adopted pursuant to paragraph 1. The damage caused to the candidate policyholder is, unless proven otherwise, presumed to result from the non-compliance with the aforementioned provisions.

Art. 213. The insurer who proposes a premium to the policyholder is required to split it between the base premium and the surcharge imputed due to the insured person's state of health.

If it decides to refuse the insurance or defer its granting, to exclude certain risks from coverage, or to impute a surcharge, the insurer notifies the candidate policyholder by letter, clearly and explicitly, and motivates the reasons for its decisions. The candidate policyholder is informed, by the same letter, of the option to contact the insurer's doctor in writing, directly or through a doctor of their choice, to learn the medical reasons on which the insurer based its decisions. In this same letter, the insurer draws attention to the existence and mentions the contact details of the Pricing Monitoring Bureau and the conciliation body for remaining balance insurance.

The insurer indicates whether the proposed premium can be taken into account for the application of the solidarity mechanism by the Compensation Fund referred to in Article 220.

Art. 214. The policyholder who disagrees with the proposed premium informs the insurer. The insurer immediately transmits the entire file to the reinsurer, asking it to re-evaluate it.

The reinsurer decides solely on the basis of the transmitted file. Any direct contact between, on the one hand, the reinsurer and, on the other hand, the policyholder, the insured person, or the treating doctor is prohibited.
The King may provide, by deliberated decree in the Council of Ministers, that the reinsurer must not proceed with a re-evaluation of surcharge proposals when this surcharge is less than or equal to a determined percentage of the base premium, fixed by the King. This percentage to be fixed by the King amounts to a maximum of 25%.

Art. 215. When the reinsurer decides to apply a surcharge lower than that initially fixed by the insurer, the latter modifies the insurance proposal accordingly.

In the contrary case, the insurer confirms its initial proposal.

Art. 216. The period between the initial insurance application and the communication of the decision cannot exceed fifteen days. A new period of fifteen days runs from the date of the insurer's knowledge of the refusal, referred to in Article 214.

Art. 217.§ 1. The King creates a Pricing Monitoring Bureau, whose mission is to examine proposals for surcharges or refusals of insurance, at the request of the most diligent party.
The King may, in this regard, provide that the Pricing Monitoring Bureau does not examine surcharge proposals when this surcharge does not represent a minimum ratio of the base premium.

§ 2. The Pricing Monitoring Bureau consists of two members who represent insurance companies, one member who represents consumers, and one member who represents patients. The members are appointed by the King for a term of six years.
They are chosen [4 from three lists, presented one by the professional associations of insurance companies, one by the associations representing consumer interests, and one presented by the associations representing patients]4. The Bureau is chaired by an independent magistrate, appointed by the King for a term of six years. The King fixes the allowances to which the president and members of the Pricing Monitoring Bureau are entitled, as well as the allowance of experts. The King also designates a substitute [1 for the president and]1 for each member. The substitutes are chosen in the same manner as the effective members. The Ministers responsible for Insurance and Public Health may delegate an observer to the Bureau. The Bureau may attach experts, without voting rights.

§ 3. The Bureau examines whether the proposed surcharge or refusal of insurance is objectively and reasonably justified from a medical point of view and with regard to insurance technique.
This Bureau may be seized directly by the insurance candidate, the Insurance Ombudsman, or one of the members of the Bureau.
It makes [3 a proposal that is binding on the concerned insurance company which concludes a contract with the candidate policyholder]3 within a period of fifteen working days starting from the date of receipt of the file.

§ 4. The Compensation Fund bears the operating costs of the Pricing Monitoring Bureau, according to the modalities determined by the King.

§ 5. The ombudsman service referred to in the [2 article 322, § 1]2 ensures the secretariat of the Pricing Monitoring Bureau.

(1)<L 2015-10-26/06, art. 88, 003; En vigueur : 09-11-2015> (2)<L 2018-12-06/11, art. 17, 015; En vigueur : 28-12-2018> (3)<L 2019-05-02/28, art. 57, 018; En vigueur : 01-06-2019> (4)<L 2023-11-05/07, art. 107, 030; En vigueur : 21-12-2023>

Art. 218. The Insurance Commission, referred to in Part 7, Title IV, is responsible for evaluating the application of the provisions of this chapter. To this end, it submits [1 , every four years,]1 a report to the King and to the Chamber of Representatives. [1 In the event of modifications to the provisions of this chapter or its implementing decrees, the evaluation report is submitted two years after their entry into force.]1 It may associate with its work the experts and representatives it designates. This report will be accompanied by a study carried out by the Federal Expertise Centre for Health Care evaluating the adequacy of the tariffs applied by insurers to the evolution of medical techniques and health care in the main concerned pathologies. ---------- (1)<L 2019-05-02/28, art. 58, 018; En vigueur : 01-06-2019>

Access to insurance under the conditions proposed by the Pricing Monitoring Bureau

Art. 219. § 1. The Tariff Monitoring Bureau sets the conditions and premiums to which the insurance applicant has access to life insurance or, where applicable, disability insurance that guarantees a mortgage loan, a consumer loan, or a professional loan.
The Bureau reviews its access conditions and premiums every two years based on the most recent scientific data regarding the evolution of death or, where applicable, disability risks, and the probability of a deterioration in the health of persons presenting an increased risk following their health status. § 2. The insurer who refuses the insurance applicant or who proposes a premium or deductible that exceeds that applicable under the tariff conditions proposed by the Tariff Monitoring Bureau communicates to the insurance applicant, on its own initiative, the access conditions and tariffs proposed by the Bureau and informs him that he may possibly address another insurer. The insurer communicates in writing and in a clear, explicit, and unambiguous manner the reasons for the refusal of insurance or the reasons why a higher premium or deductible are proposed, as well as the precise composition thereof.

Art. 220. § 1. The King approves, under the conditions He determines, a Compensation Fund whose mission is to distribute the burden of high premiums.
§ 2. The King approves the statutes and regulates the control of the activity of the Compensation Fund. He indicates the acts that must be published in the Belgian Monitor. If necessary, He creates the Compensation Fund.
§ 3. Insurers practicing life insurance as a guarantee for a mortgage loan, as well as mortgage lenders, are jointly liable to make payments to the Compensation Fund necessary to fulfill its mission and to support its operating costs.
If the Compensation Fund is created by the King, a Royal Decree fixes each year the calculation rules for the payments to be made by insurers and mortgage lenders.
§ 4. The approval is withdrawn if the Compensation Fund does not act in accordance with the laws and regulations or its statutes.
In this case, the King may take all measures necessary to safeguard the rights of policyholders, insured persons, and injured parties.
The Compensation Fund remains subject to control for the entire duration of the liquidation.
The King appoints a special liquidator responsible for this liquidation.

Conciliation body in insurance matters regarding the remaining balance <Abrogated by L 2019-05-02/28, art. 59, 018; In force: 01-06-2019>

Art. 221.
<Abrogated by L 2019-05-02/28, art. 60, 018; In force: 01-06-2019>

Art. 222. The insurer who charges a high premium exceeding 200% of the base premium is required to offer standardized coverage to the policyholder.
This standardized coverage is a maximum amount of 200,000 euros if the insured applicant takes out the mortgage loan alone. In the case of co-borrowers, the insured applicant can insure for the same amount [1 ...]1. The King may adapt the amounts determined in this article to take into account the evolution of prices. ---------- (1)<L 2019-05-02/28, art. 61, 018; In force: 01-06-2019>

Art. 223. The insurer who applies a high premium exceeding a threshold expressed as a percentage of the base premium is required to involve the Compensation Fund.
The Compensation Fund is required to pay the portion of the high premium that exceeds this threshold, provided that, nevertheless, the high premium cannot exceed a ceiling expressed as a percentage of the base premium.
The base premium is assimilated to the lowest premium offered by the insurance company for a person of the same age.
The King sets this threshold and this ceiling so that they respond to a necessary solidarity towards the policyholders concerned, provided that this threshold cannot exceed 200% of the base premium. The evaluation provided for in article 218 will also report on this point.
At the request of the Compensation Fund, the insurer issues a duplicate of the insurance file. If necessary, he provides the necessary explanations.

Art. 224.[1 § 1.]1 Articles 212 to 223 apply to insurance contracts that guarantee the repayment of the capital of a mortgage loan contracted for [1 the construction,]1 the transformation, or the acquisition of the policyholder's own and unique residence. [1 § 2. These articles also apply under the same conditions, when a mortgage loan is contracted by a person who already owns another residence, 1° either in full ownership, or in usufruct, and who undertakes to sell this other residence or to transfer his rights related thereto within a period of two years from the conclusion of the insurance contract; 2° either in bare ownership following an inheritance or a donation by a natural person. The period referred to in the first paragraph, 1°, may, at the request of the policyholder, be extended by one year at most, on condition that he demonstrates that the sale of the other residence or the transfer of his rights related thereto has been delayed for reasons independent of his will. The policyholder submits his request for extension in writing to the insurance company before the expiration of the two-year period from the conclusion of the insurance contract. The policyholder provides proof of the sale of the other residence or the transfer of his rights related thereto within the aforementioned deadlines. § 3. For the application of this chapter, buildings such as those referred to in article 2, first paragraph, of the law of 26 March 2012 concerning the registration of inland navigation buildings other than inland navigation boats referred to in article 271, of book II of the Commercial Code, are assimilated to a residence.]1 [1 § 4.]1 The King may extend the scope of application of these articles to other insurance contracts that guarantee the repayment of the capital of a loan. ---------- (1)<L 2019-05-02/28, art. 62, 018; In force: 01-06-2019>

PART 5. - THE INSURANCE CONTRACT OTHER THAN THE LAND INSURANCE CONTRACT REFERRED TO IN PART 4

CHAPTER 1. - General provisions

Art. 225. The provisions of this part apply to insurance contracts governed by Belgian law. To the extent that they are not derogated from by special articles, they apply to marine insurance, as well as to insurance on transport by land, rivers, and canals.
They do not apply to insurance contracts subject to the provisions of part 4.

Art. 226. Expected profit may be insured in the cases provided for by law.

Art. 227. Mutual insurance associations are governed by their regulations, by the general principles of law, by the specific legal provisions applicable to them, and by the provisions of this part, insofar as they are not incompatible with such insurance.
They are represented in court by their directors.

CHAPTER 2. - Of the persons who may enter into an insurance contract

Art. 228. An object may be insured by any person having an interest in its conservation, by reason of a property right or other real right or by reason of the liability to which they are engaged with respect to the insured thing.

Art. 229. § 1. Insurance may be contracted on behalf of others by virtue of a general or special mandate or even without a mandate. The effects in the latter case are governed by the provisions relating to the management of affairs.
§ 2. If it does not result from the insurance contract that it was entered into on behalf of a third party, the insured is deemed to have entered into it for himself.

Art. 230. § 1. A creditor may have the solvency of his debtor insured; the insurer may avail himself of the benefit of discussion, unless otherwise agreed.
§ 2. Seizing creditors or pledgees and privileged and mortgage creditors may have the assets affected to the payment of their claims insured in their own name.
In this case, the indemnity due by reason of the loss is subrogated by operation of law, in their regard, to the insured assets that formed their pledge.

Art. 231. When movable property has been insured, the payment of the indemnity to the insured releases the insurer if no opposition has been formed in his hands.

Art. 232. The provisions of the two preceding articles will have effect only insofar as the creditor comes in useful order in the allocation or distribution, if the loss of the seized, pledged, mortgaged, or privileged objects had not occurred.

CHAPTER 3. - Of the obligations of the insurer and the insured

Art. 233. Any concealment, any false declaration by the insured, even without bad faith, renders the insurance contract null when they diminish the opinion of the risk or change its subject, such that the insurer, if he had known, would not have concluded the contract under the same conditions.

Art. 234. In all cases where the insurance contract is annulled, in whole or in part, the insurer must, if the insured acted in good faith, refund the premium, either in full or for the part for which no risks were incurred.
Good faith may not be invoked in the case of article 236, first paragraph.

Art. 235. If the contract is annulled due to fraud, deceit, or bad faith, the insurer retains the premium, without prejudice to public action, if applicable.

Art. 236. The insured things whose entire value is covered by a first insurance contract can no longer be the subject of a new insurance against the same risks for the benefit of the same person.
If the entire value is not insured by the first contract, the insurers who signed the subsequent contracts are liable for the excess following the order of the date of the contracts.
All insurance contracts entered into on the same day shall be deemed concluded simultaneously.

Art. 237. The loss, whether total or partial, is distributed among the various insurance contracts of the same date, in proportion to the sums insured by each, and among the various insurance contracts of different dates, in proportion to the value for which each is liable.

Art. 238. Successive contracts insuring the same values against the same risks and for the benefit of the same persons shall nevertheless have effect:
1° if they take place with the consent of each of the insurers; the loss is distributed in this case as if the two insurance contracts had been concluded simultaneously; 2° if the insured discharges the first insurer from all obligations for the future, without prejudice to his own obligations. The waiver must, in the latter case, be notified to the insurer, and it must be mentioned, under penalty of nullity, in the new policy.

Art. 239. The insured may have the insurance premium insured.

Art. 240. No loss or damage, caused by the act or by the gross fault of the insured, is at the charge of the insurer; the latter may even retain or claim the premium if he has already begun to incur the risks.

Art. 241. In any insurance, the insured must make every effort to prevent or mitigate the damage; he must, as soon as the damage has occurred, inform the insurer, all under penalty of damages, if applicable.
The expenses incurred by the insured, for the purpose of mitigating the damage, are at the charge of the insurer, even if the amount of these expenses, combined with the amount of the damage, exceeds the insured sum and that the efforts made have been without result.
Nevertheless, the courts and arbitrators, when the parties have referred to them, may reduce or even refuse to allocate them, if they judge that they were made recklessly, either in whole or in part.

Art. 242. The insurer is not liable for losses and damages resulting immediately from the inherent vice of the thing, unless otherwise stipulated.

Art. 243. The insurance does not include war risks, nor losses or damages caused by riots, unless otherwise agreed.

Art. 244. In any insurance, the indemnity, in case of loss, is settled based on the value of the object, at the time of the loss.
If the insured value has been previously estimated by experts, agreed upon by the parties, the insurer cannot contest this estimation, except in the case of fraud.
The value of the object may be established by all means of law. The judge may even, in case of insufficiency of evidence, refer the oath to the insured ex officio.

Art. 245. In all cases where the insurance contract covers only part of the value of the insured object, the insured is considered himself as insurer for the surplus of the value, unless otherwise agreed.

Art. 246.The insurer who has paid the damage is subrogated to all the rights of the insured against third parties by reason of this damage, and the insured is responsible for any act that would prejudice the rights of the insurer against third parties.
In insurance contracts permitted by article 230, § 2, the insurer who has paid the indemnity is subrogated to the action of the creditor against the debtor.
The subrogation may, in no case, prejudice the insured who has been indemnified only in part; the latter may exercise his rights for the surplus and retains in this regard the preference over the insurer, in accordance with article [2 5.223]2 of the Civil Code. The insurer who makes a payment to a minor, an interdicted person, or another incapable person under an insurance contract, makes it into an account opened in his name, subject to unavailability until majority or the lifting of the incapacity, without prejudice to the right of legal enjoyment. [1 The sums thus paid may be released upon special authorization of the justice of the peace, at the request of the guardian or the administrator of the assets according to the same rules as those applicable to the situations referred to in articles 410, § 1, 14°, or 499/7, § 2, of the Civil Code.]1 ---------- (1)<L 2015-10-26/06, art. 89, 003; In force: 09-11-2015> (2)<L 2022-04-28/25, art. 53, 028; In force: 01-01-2023>

Art. 247. The insurer has a privilege on the insured thing.
This privilege is exempt from any registration. It takes rank immediately after that of legal costs.
It exists, regardless of the mode of payment of the premium, only for a sum corresponding to two annuities.

Art. 248. The insurer may always re-insure the object of the insurance.

CHAPTER 4. - Of the proof and the content of the contract

Art. 249. The insurance contract must be proved in writing, regardless of the value of the object of the contract.
Nevertheless, testimonial proof may be admitted, when there exists a commencement of proof in writing.

Art. 250. The same policy may contain several insurances, either by reason of the insured things, or by reason of the rate of the premium, or by reason of the different insurers.

Art. 251. The insurance policy states:
1° the date of the day on which the insurance contract is concluded; 2° the name of the person who enters into the insurance contract for his own account or for the account of others; 3° the risks that the insurer takes on himself and the times at which the risks must begin and end.

CHAPTER 5. - Of some cases of resolution of the contract

Art. 252. The insurance contract cannot have effect if the insured thing has not been put at risk or if the expected damage already existed at the time of the conclusion of the contract.

Art. 253. If the insurer goes bankrupt when the risk is not yet finished, the insured may request security or, failing security, the termination of the contract.
The insurer has the same right in case of bankruptcy of the insured.

Art. 254. In case of alienation of the insured thing, the insurance contract benefits by operation of law, unless otherwise agreed, to the new owner, by reason of all risks for which the premium has been paid at the time of the alienation.
It also benefits the new owner, unless otherwise agreed in the policy, when he has been subrogated to the rights and obligations of the previous owner towards the insurers or when, by common agreement between the insurer and the new owner, the insurance contract continues to receive its execution.

Art. 255. The obligations of the insurer cease when an act of the insured transforms the risks by changing an essential circumstance or aggravates them such that if the new state of affairs had existed at the time of the conclusion of the insurance contract, the insurer would not have concluded this contract or would not have concluded it under other conditions. An insurer who, after having knowledge of the modifications made to the risks, has nevertheless continued to execute the contract, may not avail himself of this provision.

CHAPTER 6. - Of the prescription

Art. 256.Any action arising from an insurance policy is prescribed after three years, from the event that gives rise to it. The prescription against minors, interdicted persons, and other incapable persons does not run until the day of majority or the lifting of the incapacity. However, in the case of a recourse action by the insured against the insurer, the period does not begin to run until from the legal request of the victim, whether it is an original request for compensation or a subsequent request following the aggravation of the damage or the occurrence of a new damage.

PART 6. - INSURANCE INTERMEDIATION AND INSURANCE DISTRIBUTION

CHAPTER 1. - Definitions

Art. 257.
<Abrogated by L 2018-12-06/11, art. 18, 015; In force: 28-12-2018>

CHAPTER 2. [1 - General provisions]1 ---------- (1)<L 2018-12-06/11, art. 19, 015; In force: 28-12-2018>

Art. 258.[1 § 1. This Part does not apply to ancillary insurance intermediaries when all of the following conditions are met:
a) the insurance constitutes a supplement to the good or service provided by a supplier, when it covers:

• the risk of malfunction, loss, or damage to the good or non-use of the service provided by that supplier; or
• the risk of damage to or loss of luggage and other risks related to a trip booked with that supplier;
  b) the amount of the premium for the insurance product does not exceed 200 euros, excluding tax, calculated pro rata on an annual basis; c) by way of derogation from point b), when the insurance constitutes a supplement to a service referred to in point a) and the duration of that service is equal to or less than three months, the amount of the premium per person does not exceed 200 euros. In order to promote consumer protection and take into account the evolution of consumer prices, the King may, by decree issued after an opinion from the FSMA, adapt the threshold provided for in points b) and c) of the preceding paragraph, including its method of calculation, making a distinction if necessary according to the type of insurance product concerned. § 2. The insurance undertaking or the insurance intermediary, when they carry on the activity of distribution via an ancillary insurance intermediary who is exempt from the application of this Part pursuant to paragraph 1, ensure that:
  a) information is made available to the client, before the conclusion of the contract, on their identity and address, as well as on the procedures referred to in Article 265 or Article 276 depending on whether the ancillary intermediary carries on the activity of insurance distribution for an insurance intermediary or for an insurance undertaking, enabling clients and other interested parties to lodge a complaint against that intermediary or that undertaking; b) appropriate and proportionate measures are taken to ensure compliance with Articles 279, §§ 1, 2, first paragraph, and § 3, and 286, and to ensure that the client's requirements and needs are taken into account before proposing the contract; c) the product information document referred to in Article 284, § 5, is provided to the client before the conclusion of the contract; d) the natural persons who, within the ancillary intermediary, directly participate in the distribution of insurance in contact with the public know and are able to explain to clients the essential characteristics of the insurance products concerned.
  Article 278 applies for the purposes of determining the scope of the obligations referred to in this paragraph.
  § 3. This Part does not apply to insurance intermediaries, ancillary insurance intermediaries, and reinsurance intermediaries when they carry on their activities exclusively to insure or reinsure risks belonging to their own undertaking or to the group of undertakings to which they belong within the meaning of Article 1:14 of the Code of Companies and Associations.[2]1 ---------- (1)<L 2018-12-06/11, art. 19, 015; En vigueur : 28-12-2018> (2)<L 2021-06-27/09, art. 69, 024; En vigueur : 19-07-2021>

CHAPITRE 3. [1 - Of Registration]1 ---------- (1)<Inséré par L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Section Ire. [1 - Obligation of Registration]1 ---------- (1)<Inséré par L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Art. 259.[1 § 1. Subject to the provisions of Article 258, § 1, no insurance intermediary or ancillary insurance intermediary and no reinsurance intermediary whose Belgium is the home Member State may carry on the activity of distribution of insurance or reinsurance if they are not previously registered, respectively, in the register of insurance intermediaries and ancillary insurance intermediaries or in the register of reinsurance intermediaries, kept by the FSMA. Subject to the provisions of Article 258, § 1, no insurance intermediary or ancillary insurance intermediary and no reinsurance intermediary having as home Member State a country other than Belgium may carry on in Belgium the activity of distribution of insurance or reinsurance if they are not previously registered as an insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary by the competent authority of their home Member State, without prejudice to the provisions of Article 271. Subject to the provisions of Article 258, § 1, no insurance intermediary or ancillary insurance intermediary and no reinsurance intermediary having its domicile or statutory seat in a country not a member of the EEA may carry on in Belgium the activity of distribution of insurance or reinsurance if they are not previously registered, respectively, in the register of insurance intermediaries and ancillary insurance intermediaries or in the register of reinsurance intermediaries, kept by the FSMA. [2 The register of insurance intermediaries and ancillary insurance intermediaries, kept by the FSMA, consists of the following categories: "insurance brokers", "insurance agents", "insurance sub-agents", "ancillary insurance intermediaries" and "mandated underwriters".]2 An insurance intermediary or an ancillary insurance intermediary may only be registered in one of the categories cited in the preceding paragraph. The register of reinsurance intermediaries kept by the FSMA consists of the following categories: "reinsurance brokers", "reinsurance agents" and "reinsurance sub-agents". A reinsurance intermediary may only be registered in one of the categories cited in the preceding paragraph. [2 § 1/1. Subject to the provisions of Article 271, an insurance intermediary may only carry on its activity if it is registered in the corresponding category of the register of insurance intermediaries.]2 § 2. Distributors of insurance or reinsurance products who have an establishment in Belgium or who carry on their activity there without being established there may not rely on an insurance intermediary, an ancillary insurance intermediary, or a
reinsurance intermediary who is not registered in accordance with the provisions of paragraph 1 or whose registration has been suspended pursuant to Article 311, § 1, second paragraph. If they nevertheless rely on an insurance intermediary, an ancillary insurance intermediary, or a reinsurance intermediary who is not registered but should have been in application of paragraph 1, they are civilly liable for the acts performed by that intermediary in the context of its activity of distribution of insurance or reinsurance. § 3. By way of derogation from the provisions of paragraph 1, the insurance intermediaries referred to in Article 68 of the Law of 26 April 2010 containing various provisions on the organization of complementary health insurance (I), are registered in the register kept by the OCM. The King determines, on the opinion of the OCM, the conditions under which registration in the register must take place. Royal decrees implementing this paragraph are issued on the joint proposal of the Minister who has Insurance in his portfolio and the Minister of Social Affairs.]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018> (2)<L 2019-04-03/02, art. 29, 016; En vigueur : 10-04-2019>

Art. 260.[1 An insurance or reinsurance intermediary wishing to be registered in the category "insurance broker" or "reinsurance broker" attaches to its application for registration a sworn declaration showing that it exercises its professional activities outside any exclusive agency contract or any other legal commitment that directly or indirectly imposes on it to place all or a determined part of its production with an insurance or reinsurance undertaking or several insurance or reinsurance undertakings belonging to the same group or that prevents it from freely choosing an insurance or reinsurance undertaking.]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Art. 261.[1 § 1. The insurance intermediary registered in the category of insurance agent who is subject to a contractual obligation to work, in the insurance sector, exclusively with a single insurance undertaking or with several insurance undertakings for non-competitive insurance contracts, so that it meets the definition of tied insurance agent, notifies this to the FSMA. It also communicates to the FSMA the name and address of this (these) insurance undertaking(s) as well as the activity group(s) and insurance branches concerned. § 2. The insurance undertaking notifies the FSMA of the name(s) and address(es) of the tied insurance agent(s) with which it collaborates. It also communicates to the FSMA the activity group(s) and insurance branches concerned. § 3. Any modification to the data referred to in paragraphs 1 or 2 is notified immediately to the FSMA.]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Art. 262.[1 The candidate sub-agent attaches to its application for registration a declaration in which the insurance broker or agent or the reinsurance broker or agent confirms that it will assume full and unconditional responsibility for the distribution of insurance or reinsurance activities carried out by the candidate sub-agent. Any modification to the data on which the declaration referred to in the first paragraph is based is notified immediately to the FSMA.]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Art. 263.[1 For the activities covered by this Part, no one may bear the title of insurance broker, insurance agent, insurance sub-agent, reinsurance broker, reinsurance agent, reinsurance sub-agent, or mandated underwriter, or of broker, agent, sub-agent, underwriter, to indicate the activity of insurance, reinsurance, or distribution of insurance or reinsurance, if they are not registered in the register of insurance intermediaries or in the register of reinsurance intermediaries in the corresponding category.]1 ---------- (1)<L 2019-04-03/02, art. 30, 016; En vigueur : 10-04-2019>

Section II. [1 - Professional and organizational requirements for insurance intermediaries, ancillary insurance intermediaries, and reinsurance intermediaries]1 ---------- (1)<Inséré par L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Art. 264.[1 § 1. Insurance intermediaries, ancillary insurance intermediaries, and reinsurance intermediaries designate one or more natural persons as distribution managers. Their number is adapted to the organization and activities of the intermediary. The King fixes this number on the joint proposal of the Minister who has Insurance in his portfolio and the Minister of Social Affairs and on the opinion of the FSMA. At the latest when designating the distribution manager, the insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary concerned transmits to the FSMA the identity of the person in question and the documents demonstrating that they satisfy the provisions of Article 266, 1° to 3°. The distribution managers are included by the FSMA in the registration file of the insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary that designates them. § 2. For each of the persons referred to in paragraph 1 and for each of their persons in contact with the public, the insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary establishes a file in which it keeps the information demonstrating that these persons satisfy the provisions of Article 266, 1° to 3°. The intermediary keeps these files available to the FSMA and is required to ensure the confidentiality of this data. When the collaboration between the intermediary and a person referred to in the first paragraph ends, the intermediary deletes the file referred to in the first paragraph. It may in no case keep a copy. The provisions of Article 10, § 2, of the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data apply.]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Art. 265.[1 Insurance intermediaries, ancillary insurance intermediaries, and reinsurance intermediaries establish internal policies and implement internal procedures to ensure that complaints addressed to them concerning an insurance or reinsurance contract or concerning the insurance or reinsurance service provided to the complainant are examined expertly and honestly and that the complainant receives in any case a response.]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Art. 266.[1 In order to be registered in the register of insurance intermediaries and ancillary insurance intermediaries or in the register of reinsurance intermediaries and to maintain this registration, the following conditions must be met permanently:
1° the intermediary, the distribution managers, and the persons in contact with the public must possess the required professional knowledge and skills, as determined by the King on the opinion of the FSMA; The professional knowledge and skills referred to in the first paragraph must be kept up to date through regular refresher training, under the conditions and modalities determined by the King on the opinion of the FSMA; 2° the intermediary, the distribution managers, and the persons in contact with the public must have the adequate expertise and professional integrity necessary for the exercise of their function; 3° the intermediary, the distribution managers, and the persons in contact with the public may not be in one of the cases provided for in Article 20 of the Law of 25 April 2014. They may not have been declared bankrupt less than ten years ago, unless they have been rehabilitated; 4° the activity of distribution of insurance or reinsurance carried out by the intermediary must be covered by professional liability insurance covering the entire territory of the EEA; The professional liability insurance contract contains a provision obliging the insurance undertaking, when the intermediary's activity of distribution of insurance or reinsurance is no longer insured, to notify the FSMA. The King fixes, on the opinion of the FSMA, the conditions to which this professional liability insurance must satisfy; 5° the intermediary must refrain from participating in the promotion, conclusion, and execution of insurance or reinsurance contracts that are manifestly contrary to the applicable Belgian legal rules for those contracts themselves and/or to the Belgian legal rules applicable regarding the offer and conclusion of such contracts; 6° regarding its activity of distribution of insurance or reinsurance in Belgium, the intermediary may only deal, as the case may be, with insurance undertakings authorized in application of the relevant Belgian control legislation to carry on insurance activities in Belgium, or with reinsurance undertakings authorized in application of the relevant Belgian control legislation to carry on the activity of reinsurance in Belgium. [2 Regarding its activity of distribution of insurance in Belgium, the intermediary may only deal with mandated underwriters who are registered for this activity or who are authorized to carry on their activities in Belgium pursuant to Article 271;]2 7° the intermediary must have joined the out-of-court complaint handling system referred to in Article 322 of this Law. It must have joined this system itself or be a member of a professional association that has joined it. The intermediary is required to contribute to the financing of said system and to respond to any request for information addressed to it in the context of the handling of complaints via this system;
8° the intermediary must, where applicable, respect the provisions of Part 6, Chapter 5; 9° the intermediary must, where applicable, respect the provisions of Article 304, §§ 1 and 2; 10° the intermediary must pay the contributions to the operating costs of the FSMA, determined in accordance with Article 56 of the Law of 2 August 2002; 11° the intermediary must comply with the Law of 18 September 2017 on the prevention of money laundering and terrorist financing and on the limitation of the use of cash and the implementing decrees thereof, insofar as it is subject to this legislation; 12° the intermediary must communicate to the FSMA a professional email address to which the FSMA has the option to validly address all communications, individual or collective, that it makes in execution of this Law [3 or of any other legal or regulatory provision under its control]3; [4 13° the intermediary that collaborates with one or more insurance sub-agents or reinsurance sub-agents must control the activities of these sub-agents and ensure that they respect the provisions of this Law.]4 By way of derogation from the provisions of 10°, the insurance intermediaries referred to in Article 68 of the Law of 26 April 2010 containing various provisions on the organization of complementary health insurance (I) pay their contribution to the operating costs of the OCM.]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018> (2)<L 2019-04-03/02, art. 32, 016; En vigueur : 10-04-2019> (3)<L 2020-07-20/12, art. 28, 020; En vigueur : 15-08-2020> (4)<L 2022-05-08/03, art. 5, 026; En vigueur : 03-07-2022>

Art. 267.[1 Insurance intermediaries, ancillary insurance intermediaries, and reinsurance intermediaries having the status of a legal entity are furthermore registered, and retain their registration, only on condition:
1° that all persons entrusted with effective management are not in one of the cases listed in Article 20 of the Law of 25 April 2014 and possess the adequate expertise and professional integrity necessary for the exercise of their function.
They may not have been declared bankrupt less than ten years previously, unless they have been rehabilitated; 2° that the persons in charge of effective management who de facto assume responsibility for the insurance or reinsurance distribution activity possess the professional knowledge and aptitude referred to in Article 266, first paragraph, 1°; 3° that the FSMA has been informed:
a) of the identity of their shareholders or members, whether natural or legal persons, who hold a participation of more than 10% in the intermediary, and of the amounts of these participations; b) of the identity of persons who have close links with the intermediary; c) of elements showing that these participations and close links do not hinder the proper exercise of the FSMA's supervisory mission; 4° the FSMA considers that the persons referred to in 3°, a) and b) possess the necessary qualities with regard to the need to ensure sound and prudent management. If the legislative, regulatory or administrative provisions of a third country applicable to one or more natural or legal persons with which the intermediary has close links, or difficulties related to the implementation of these legislative, regulatory and administrative provisions, hinder the proper exercise of its supervisory mission, the FSMA refuses registration in the register.]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Art. 267/1. [1 Insurance intermediaries exercising the activity of appointed underwriter:
1° have adequate organisation taking into account the nature, volume and complexity of the activities carried out, as well as the risks associated with them, in order to ensure compliance with the provisions of this law. The King may further specify what is meant by adequate organisation for the purposes of this article; 2° mention on their website, or, failing that, provide on durable medium at the request of their clients, the name of all insurance companies that have granted them a mandate, as well as the insurance branches for which each mandate has been granted; 3° mention on each insurance policy the name of the insurance company or companies on whose behalf and for whose account the policy was concluded by the appointed underwriter; 4° also comply with the provisions of this section applicable to insurance brokers.]1 ---------- (1)<Inséré par L 2019-04-03/02, art. 31, 016; En vigueur : 10-04-2019>

Art. 267/2. [1 If an insurance broker or agent or a reinsurance broker or agent becomes aware of elements that could cast doubt on compliance with the registration conditions provided for by this law on the part of an insurance sub-agent or an ancillary insurance intermediary or a reinsurance sub-agent to whom he has recourse or has recourse, he communicates these elements immediately to the FSMA. The same communication is made to the FSMA if they become aware that someone presents themselves as an insurance or reinsurance intermediary without being registered in the register provided for by this law.]1 ---------- (1)<Inséré par L 2024-05-03/21, art. 72, 032; En vigueur : 10-06-2024>

Section III. [1 - Registration Procedure]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Art. 268.[1 § 1. Any application for registration in the register of insurance intermediaries and ancillary insurance intermediaries or in the register of reinsurance intermediaries is sent to the FSMA in the forms and under the conditions fixed by the King. The candidate intermediary may appoint a third party to introduce, on his behalf and for his account, his application for registration. In any event, the intermediary remains responsible for his registration file and for keeping it up to date. In his application, the candidate must indicate in which category he wishes to be registered and mention whether the distribution activities he intends to carry out concern non-life insurance activities referred to in Annex I of the Law of 13 March 2016 on the status and supervision of insurance or reinsurance undertakings, concern insurance-based investment products, as defined in Article 5, 16° /1, and/or concern other life insurance activities referred to in Annex II of the Law of 13 March 2016. If the candidate wishes to carry out the activity of distribution of insurance or reinsurance in the field of accident insurance at work, as referred to by the Law of 10 April 1971 on accidents at work or by the Law of 3 July 1967 on the prevention or repair of damage resulting from accidents at work, accidents on the way to work and occupational diseases in the public sector, he must indicate this in his application. The applicant must provide, in support of his application, the documents necessary to prove that all registration conditions are met. The FSMA decides, within sixty days of receipt of the application and the required documents, whether or not to register the candidate in the register he requested and in the category he requested. The FSMA notifies its decision to the applicant. In case of refusal, the FSMA must justify this refusal. [2 ...]2 [2 ...]2 Any modification made to the data mentioned [2 or to the documents included]2 in the registration file must be communicated immediately to the FSMA, without prejudice to the right of the FSMA to collect information from the person concerned or to request documentary evidence from him. [2 Insurance undertakings, insurance and reinsurance intermediaries, ancillary insurance intermediaries as well as distribution managers and effective managers inform, in particular, the FSMA immediately of any fact or element that implies a modification of the information provided during
the registration application and which may have an impact on the adequate expertise or professional integrity necessary for the exercise of the function concerned. In accordance with Articles 266, first paragraph, 267, first paragraph, and 304, when the FSMA, in the exercise of its supervisory mission, becomes aware of such a fact or element, obtained or not in application of the seventh paragraph, it may carry out a re-evaluation of compliance with the requirements referred to in Articles 266, first paragraph and 267, first paragraph, 1°.]2 § 2. The list of registered insurance intermediaries and ancillary insurance intermediaries and the list of registered reinsurance intermediaries are published on the FSMA website. The latter is responsible for regularly updating this website based on the data it has. The list of insurance intermediaries registered with the OCM is accessible via the FSMA website. The website mentions for each insurance intermediary, each ancillary insurance intermediary and each reinsurance intermediary the data necessary for its identification, the date of its registration, the category in which it is registered, the name of the persons in charge of effective management who de facto assume responsibility for the distribution activities concerned, where applicable the date of its deregistration, as well as any other information that the FSMA deems useful for correct public information. The FSMA and the OCM, as regards the insurance intermediaries referred to in Article 68 of the Law of 26 April 2010 laying down various provisions concerning the organisation of complementary health insurance (I), determine the conditions under which the mention of the deregistration of an intermediary is removed from the website. § 3. For the purposes of the application of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, the FSMA is considered to be the controller of the processing of personal data included in the register referred to in this article.]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018> (2)<L 2022-05-08/03, art. 7, 026; En vigueur : 03-07-2022>

Section IV. [1 - European Passport]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Sub-section I. [1 - Exercise of the freedom to provide services]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Art. 269.[1 § 1. Any insurance intermediary, ancillary insurance intermediary or reinsurance intermediary registered in Belgium who intends to exercise an activity for the first time on the territory of another Member State under the freedom to provide services regime, notifies the FSMA in advance, in the form and according to the modalities determined by the latter. [2 On this occasion, the intermediary provides the following information to the FSMA:
1° his name, address and registration number;
2° the Member State or Member States in which he intends to exercise his activity; 3° the category of intermediary to which he belongs and, where applicable, the name of any insurance or reinsurance company he represents; 4° the insurance branches concerned, if any.]2 The FSMA communicates the information referred to in the first paragraph, within a period of one month from their receipt, to the competent authority of the host Member State. The FSMA, after the host Member State has acknowledged receipt, informs the intermediary concerned in writing that the host Member State has received the information and that the intermediary may begin to exercise his activities there. The insurance intermediary, ancillary insurance intermediary or reinsurance intermediary referred to in the first paragraph must respect, in the exercise of his activities in the host Member State, the legal and regulatory provisions applicable in that Member State to insurance intermediaries, ancillary insurance intermediaries and reinsurance intermediaries for reasons of general interest. The FSMA indicates to the intermediary concerned where he can find the general interest provisions of the Member State concerned applicable to him. The register indicates in which Member States the intermediary operates under the freedom to provide services regime. § 2. In the event of a change in one or more of the elements of information communicated in the context of the notification referred to in paragraph 1, first paragraph, the intermediary concerned notifies the FSMA, at least one month before applying this change. The FSMA informs the competent authority of the host Member State of this change, at the latest one month from the date of receipt of the information.]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018> (2)<L 2021-06-27/09, art. 374, 024; En vigueur : 19-07-2021>

Sub-section II. [1 - Exercise of the freedom of establishment]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Art. 270.[1 § 1. Any insurance intermediary, ancillary insurance intermediary or reinsurance intermediary registered in Belgium who intends to establish a branch or a permanent presence on the territory of another Member State under the freedom of establishment regime, notifies the FSMA in advance, in the form and according to the modalities determined by the latter. [2 On this occasion, the intermediary provides the following information to the FSMA:
1° his name, address and registration number;
2° the Member State on the territory of which he intends to establish a branch or a permanent presence; 3° the category of intermediary to which he belongs and, where applicable, the name of any insurance or reinsurance company he represents; 4° the insurance branches concerned, if any; 5° the address, in the host Member State, from which documents can be obtained; 6° the name of any person responsible for the management of the branch or permanent presence.]2 Any permanent presence on the territory of another Member State that is equivalent to a branch is assimilated to a branch, unless the intermediary legally establishes his permanent presence under another legal form. Subject to the provisions of paragraph 2, the FSMA transmits, within a period of one month from their receipt, the information referred to in the first paragraph to the competent authority of the host Member State. The FSMA, after the host Member State has acknowledged receipt, informs the intermediary concerned in writing that the host Member State has received the information. Within a period of one month from the receipt of the information referred to in the first paragraph, the competent authority of the host Member State communicates to the FSMA the legal and regulatory provisions applicable in that Member State to insurance intermediaries, ancillary insurance intermediaries and reinsurance intermediaries for reasons of general interest. The FSMA communicates to the intermediary concerned the general interest provisions referred to in the previous paragraph and informs him that he may begin to exercise his activities in the Member State concerned, provided that he respects said provisions. If the host Member State does not respect the deadline provided for in the fifth paragraph, the intermediary concerned may establish the branch and begin to exercise his activities in the host Member State. The register indicates in which Member States the intermediary operates under the freedom of establishment regime. § 2. If the FSMA has reasons to doubt the adequacy of the organisational structure or the financial situation of the insurance intermediary, ancillary insurance intermediary or reinsurance intermediary given the distribution activities envisaged, it may refuse to proceed with the notification referred to in paragraph 1, third paragraph. In this case, the FSMA communicates to the intermediary concerned, within a period of one month from the date on which this intermediary notified it of his intention in accordance with paragraph 1, first paragraph, the reasons for this refusal. § 3. In the event of a change in one or more of the elements of information communicated in the context of the notification referred to in paragraph 1, first paragraph, the intermediary concerned notifies the FSMA, at least one month before applying this change. The FSMA informs the competent authority of the host Member State of this
change as soon as possible, and at the latest one month from the date of receipt of the information.]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018> (2)<L 2021-06-27/09, art. 375, 024; En vigueur : 19-07-2021>

Sub-section III. [1 - Freedom to provide services and freedom of establishment in Belgium for intermediaries registered in another EEA Member State]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Art. 271.[1 § 1. The insurance intermediary, ancillary insurance intermediary or reinsurance intermediary registered in an EEA Member State other than Belgium may begin his activities in Belgium, either under the freedom to provide services regime or under the freedom of establishment regime, after having notified the competent authority of his home Member State, and after this authority has warned the FSMA in accordance with the European law provision in this matter. The FSMA publishes the list of these insurance intermediaries, ancillary insurance intermediaries and reinsurance intermediaries on its website and ensures its regular update based on the data it has. The insurance intermediary, ancillary insurance intermediary or reinsurance intermediary referred to in the first paragraph must respect, in the exercise of his activities, the legal and regulatory provisions applicable in Belgium to insurance intermediaries, ancillary intermediaries and reinsurance intermediaries for reasons of general interest. The FSMA communicates to the competent authority of the home Member State which provisions are, to its knowledge, of general interest. The FSMA provides on its website information on the general interest provisions referred to in the first paragraph. § 2. If the main establishment of an insurance intermediary, ancillary insurance intermediary or reinsurance intermediary is located not in his home Member State but in Belgium, the FSMA may agree with the competent authority of the home Member State to act as if it were the competent authority of the home Member State as regards Articles 264, 265, 266 and 267, as regards the provisions of Part 6, Chapter 5, and Part 7 and as regards the decrees and regulations adopted for their implementation. In such a case, the competent authority of the home Member State immediately notifies the insurance intermediary, ancillary insurance intermediary or reinsurance intermediary and EIOPA of the conclusion of such an agreement.]1 ---------- (1)<L 2018-12-06/11, art. 20, 015; En vigueur : 28-12-2018>

Section V. [1 - Mode of payment of the premium and insurance benefit]1 ---------- (1)<L 2021-06-27/09, art. 376, 024; En vigueur : 19-07-2021>

Art. 271/1. [1 Article 67 applies to any distribution of insurance falling within the scope of this Part.]1 ---------- (1)<L 2021-06-27/09, art. 377, 024; En vigueur : 19-07-2021>

CHAPTER 4. [1 - Professional and organizational requirements for insurance and reinsurance undertakings]1 ---------- (1)<L 2018-12-06/11, art. 21, 015; En vigueur : 28-12-2018>

Art. 272. [1 This chapter applies to insurance and reinsurance undertakings for which Belgium is the home Member State, including branches they have established in other EEA Member States.]1 ---------- (1)<Inséré par L 2018-12-06/11, art. 21, 015; En vigueur : 28-12-2018>

Art. 273.[1 Insurance and reinsurance undertakings that carry out insurance or reinsurance distribution activities, even without the intervention of an intermediary, must designate one or more natural persons as distribution managers. Their number must be adapted to the organization and activities of the undertaking. The King may specify the requirements applicable in this regard, on the joint proposal of the Minister responsible for Insurance and the Minister of Social Affairs, and after obtaining the opinion of the FSMA.]1 ---------- (1)<L 2018-12-06/11, art. 21, 015; En vigueur : 28-12-2018>

Art. 274.[1 Persons designated as distribution managers in an insurance or reinsurance undertaking, and persons in contact with the public who directly participate in distribution activities within an insurance or reinsurance undertaking, must satisfy the same conditions as those set out in Article 266, 1°, 2°, and 3°, established for distribution managers and persons in contact with the public within an insurance or reinsurance intermediary, or an ancillary insurance intermediary.]1 ---------- (1)<L 2018-12-06/11, art. 21, 015; En vigueur : 28-12-2018>

Art. 275.[1 § 1. The insurance and reinsurance undertakings concerned establish internal policies and implement internal procedures to ensure permanent compliance with the provisions of Articles 273 and 274. For each person referred to in Article 274, the insurance or reinsurance undertaking creates a file in which it keeps information demonstrating that these persons satisfy the provisions of Article 266, 1° to 3°. The insurance or reinsurance undertaking keeps these files available to the FSMA and is required to ensure the confidentiality of this data. [2 When the collaboration between an insurance or reinsurance undertaking and a person referred to in paragraph 2 ends, the insurance or reinsurance undertaking must delete the file referred to in paragraph 2. It may in no case keep a copy.]2 The provisions of Article 10, § 2, of the Law of 30 July 2018 relating to the protection of natural persons with regard to the processing of personal data apply. § 2. Insurance and reinsurance undertakings designate a manager responsible for ensuring the proper implementation of the policies and procedures referred to in paragraph 1 and the proper maintenance of the files referred to in paragraph 2. The identification data of this manager must be communicated to the FSMA. Insurance and reinsurance undertakings must communicate to the FSMA the name list of the distribution managers they have designated, as well as the number of other workers who directly participate in distribution activities, under the conditions and modalities determined by the FSMA.]1 ---------- (1)<L 2018-12-06/11, art. 21, 015; En vigueur : 28-12-2018> (2)<L 2022-05-08/03, art. 8, 026; En vigueur : 03-07-2022>

Art. 276.[1 Insurance and reinsurance undertakings establish internal policies and implement internal procedures to ensure that complaints addressed to them concerning an insurance or reinsurance contract or concerning the insurance or reinsurance service provided to the complainant are examined expertly and honestly, and that the complainant receives in any case a response.]1 ---------- (1)<L 2018-12-06/11, art. 21, 015; En vigueur : 28-12-2018>

Art. 277.[1 § 1. The collaboration between insurance undertakings, reinsurance undertakings, and ancillary insurance intermediaries, insurance or reinsurance intermediaries, is the subject of a written agreement and is regularly updated, where applicable. § 2. If insurance and reinsurance undertakings become aware of elements that could cast doubt on the compliance with the registration conditions provided for by this law on the part of an insurance intermediary, an ancillary insurance intermediary, or a reinsurance intermediary to which they have called or have called, they must immediately communicate these elements to the FSMA. The same communication must be made to the FSMA if they become aware that someone presents themselves as an insurance or reinsurance intermediary without being registered in the register provided for by this law.]1 ---------- (1)<L 2018-12-06/11, art. 21, 015; En vigueur : 28-12-2018>

CHAPTER 5. [1 - Information obligations and rules of conduct]1 ---------- (1)<Inséré par L 2018-12-06/11, art. 22, 015; En vigueur : 28-12-2018>

Section 1. [1 - Scope]1 ---------- (1)<Inséré par L 2018-12-06/11, art. 22, 015; En vigueur : 28-12-2018>

Art. 278. [1 § 1. This chapter applies to:

• distributors of insurance products for which Belgium is the home Member State, with the exception of branches they have established in other EEA Member States;
• branches established in Belgium by distributors of insurance products subject to the law of an EEA Member State, regarding their distribution activities carried out on Belgian territory;
• branches established in Belgium by distributors of insurance products subject to the law of third countries;
• distributors of insurance products subject to the law of third countries who are legally authorized to provide their services in Belgium, regarding their distribution activities carried out on Belgian territory.
  § 2. The provisions of Articles 5, 16° /1, paragraph 2, 258, § 2, iv), 280, 283, § 6, and §§ 8 to 11, 284, § 3, 288, § 4, 290, 291, 292, 295, § 3, and 296 insofar as this last article does not contain an exception to the obligation to determine the appropriateness of investment-based insurance products when no advice is provided, and the rules adopted in execution of these articles, as well as the rules adopted in execution of Articles 284, § 7, paragraph 2, 286, § 7, and 287 apply to all distributors of insurance products, including those exercising their activities under the freedom to provide services, when they conclude insurance contracts with clients whose habitual residence or establishment is located on Belgian territory. § 3. By way of derogation from paragraphs 1 and 2, this chapter does not apply to the distribution of insurance products subject to officially recognized professional pension schemes falling within the scope of Directive 2016/2341 or Directive 2009/138/CE, with the exception of Articles 279, § 1, § 2, paragraph 1, paragraph 3, and § 3, 281, § 1, and § 2, 283, § 1, to § 5, 284, § 1, § 2, § 3, paragraph 1, § 4, 285, § 1, to § 7, 286, § 1, to § 6, and 288, § 1, to § 3.]1 ---------- (1)<Inséré par L 2018-12-06/11, art. 22, 015; En vigueur : 28-12-2018>

Section 2. [1 - General principle]1 ---------- (1)<Inséré par L 2018-12-06/11, art. 22, 015; En vigueur : 28-12-2018>

Art. 279. [1 § 1. Insurance product distributors always act honestly, fairly, and professionally, and in the best interests of their clients, when they engage in the distribution of insurance products. § 2. Without prejudice to the provisions of Book VI of the Code of Economic Law relating to the prohibition of unfair commercial practices, all information relating to the subject matter of this law and its implementing decrees, including advertising communications, addressed by the insurance product distributor to clients or potential clients must be correct, clear, and not misleading. Advertising communications must always be clearly identifiable as such. In the case of group insurance, the term "client" refers to the representative of a group of members who concludes an insurance contract, and of whom each member cannot individually decide to affiliate. The group representative must, as soon as possible after affiliating a member to the group insurance, provide this member with all information required based on this law and the decrees and regulations adopted for its implementation. Regarding insurance products subject to officially recognized professional pension schemes falling within the scope of Directive 2016/2341 or Directive 2009/138/CE, the preceding paragraph applies only with respect to the provisions referred to in Article 278, § 3. § 3. Insurance product distributors are not remunerated, nor do they remunerate or evaluate the performance of their staff, in a manner contrary to their obligation to act in the best interests of their clients. An insurance product distributor does not, in particular, take any provision in the form of remuneration, sales targets, or otherwise that could encourage, or encourage its staff, to recommend a particular insurance product to a client when the insurance product distributor could offer another insurance product that would better meet the client's needs.]1 ---------- (1)<L 2018-12-06/11, art. 22, 015; En vigueur : 28-12-2018>

Section 3. [1 - Client categorization]1 ---------- (1)<Inséré par L 2018-12-06/11, art. 22, 015; En vigueur : 28-12-2018>

Art. 280. [1 Before any distribution of insurance products, an insurance product distributor informs its new clients, as well as its existing clients, of their categorization as retail clients or professional clients. The insurance product distributor informs, on a durable medium, any client of their possible right to request a different categorization, as well as the limits that may result from this in terms of their level of protection. The insurance product distributor may, on its own initiative or at the client's request, treat a client considered as a professional client as a retail client. The insurance product distributor may, at the client's request, treat a client considered as a retail client as a professional client, respecting the conditions provided by the King.]1 ---------- (1)<Inséré par L 2018-12-06/11, art. 22, 015; En vigueur : 28-12-2018>

Section 4. [1 - General information provided by the insurance intermediary, the ancillary insurance intermediary, or the insurance undertaking]1 ---------- (1)<Inséré par L 2018-12-06/11, art. 22, 015; En vigueur : 28-12-2018>

Art. 281. [1 § 1. The insurance intermediary provides in good time, before the conclusion of an insurance contract, the following information to its clients:
i) its identity, its address, and the fact that it is an insurance intermediary; ii) whether or not it provides advice on the insurance products sold; iii) the procedures referred to in Article 265 allowing clients and other interested parties to lodge a complaint against insurance intermediaries, and the out-of-court complaint and redress procedures referred to in Book XVI of the Code of Economic Law; iv) the register of insurance intermediaries in which it has been registered and the means to verify its registration in the register, and the category in which it has been registered; v) whether it represents the client or acts on behalf and for the account of the insurance undertaking. Points i, iii), and iv) also apply to ancillary insurance intermediaries. § 2. The insurance undertaking provides in good time, before the conclusion of an insurance contract, the following information to its clients:
i) its identity, its address, and the fact that it is an insurance undertaking; ii) whether or not it provides advice on the insurance products sold; iii) the procedures referred to in Article 276 allowing clients and other interested parties to lodge a complaint against insurance undertakings, and the out-of-court complaint and redress procedures referred to in Book XVI of the Code of Economic Law. § 3. It is not necessary to provide the information referred to in this article when the insurance product distributor carries out distribution activities related to the coverage of large risks.]1 ---------- (1)<Inséré par L 2018-12-06/11, art. 22, 015; En vigueur : 28-12-2018>

Section 5. [1 - Conflicts of interest and transparency]1 ---------- (1)<Inséré par L 2018-12-06/11, art. 22, 015; En vigueur : 28-12-2018>

Art. 283. [1 § 1. Every insurance intermediary and every ancillary insurance intermediary shall, in good time before the conclusion of an insurance contract, provide the client with at least the following information:
a) any direct or indirect holding representing 10% or more of the voting rights or capital of a specific insurance undertaking that it holds; b) any direct or indirect holding representing 10% or more of the voting rights or capital of the insurance intermediary or ancillary insurance intermediary held by a specific insurance undertaking or by the parent undertaking of a specific insurance undertaking; c) in relation to the proposed or advised contract, if applicable, the fact that the insurance intermediary or ancillary insurance intermediary, as the case may be:
i) bases its advice on an impartial and personalized analysis that complies with the provisions of Article 284, § 3; ii) is subject to a contractual obligation to work, in the insurance distribution sector, exclusively with one or more insurance undertakings, in which case it must communicate the names of these insurance undertakings; or iii) is not subject to the contractual obligation to work, in the insurance distribution sector, exclusively with one or more insurance undertakings and does not base its advice on an impartial and personalized analysis that complies with the provisions of Article 284, § 3, in which case it must communicate the name and address of the insurance undertakings with which it can work and does work; d) the nature of the remuneration received in relation to the insurance contract; e) if, in relation to the insurance contract, it works:
i) on the basis of fees, i.e., remuneration paid directly by the client; ii) on the basis of a commission of any nature, i.e., remuneration included in the insurance premium; iii) on the basis of any other type of remuneration, including any economic benefit, offered or provided in connection with the insurance contract; or iv) on the basis of a combination of all types of remuneration referred to in points i), ii), and iii). § 2. When the client is required to pay the fees directly, the insurance intermediary or ancillary insurance intermediary, as the case may be, shall communicate to the client the amount of the fees or, when this is not possible, the method of calculating the fees. § 3. If the client makes, under the insurance contract after its conclusion, payments other than the current premiums and the payments provided for, the insurance intermediary or ancillary insurance intermediary, as the case may be, shall also communicate to him, for each of these payments, the information to be provided under this article. § 4. An insurance undertaking shall inform its client, in good time before the conclusion of an insurance contract, of the nature of the remuneration received by its staff in connection with the insurance contract. § 5. If the client makes, under the insurance contract after its conclusion, payments other than the current premiums and the payments provided for, the insurance undertaking shall also communicate to him, for each of these payments, the information to be provided under this article. § 6. Insurance product distributors shall provide their existing or potential clients, prior to the conclusion of an insurance contract and at each maturity of an insurance contract, with information on the costs and fees related thereto. The FSMA may determine, by regulation adopted in implementation of Articles 49, § 3, and 64 of the Law of 2 August 2002, the content of the information referred to in this paragraph. § 7. It is not necessary to provide the information referred to in paragraphs 1 to 6 when the insurance product distributor carries out distribution activities in connection with the coverage of large risks. § 8. Without prejudice to Article 279, the insurance product distributor maintains and applies effective organizational and administrative arrangements to take all reasonable measures designed to prevent conflicts of interest, as defined in this article, from adversely affecting the interests of its clients. These arrangements are proportional to the activities carried out, the insurance products sold, and the type of distributor. § 9. Insurance product distributors shall take all appropriate measures to detect conflicts of interest arising between themselves, including their senior management and staff, or any person directly or indirectly linked to them by a control relationship, and their clients or between two clients, in the course of carrying out insurance distribution activities. § 10. Where the organizational or
administrative arrangements put in place by the insurance product distributor in accordance with paragraph 8 to manage conflicts of interest are not sufficient to ensure, with reasonable certainty, that the risk of adversely affecting the client's interests will be avoided, the insurance product distributor shall clearly inform the client, in good time before the conclusion of any insurance contract, of the general nature or sources of these conflicts of interest. § 11. By way of derogation from Article 285, paragraph 1, the information referred to in paragraph 10 of this article:
a) is communicated on a durable medium; and b) contains sufficient detail, given the characteristics of the client, for the latter to take an informed decision regarding the insurance distribution activities in the context of which the conflict of interest arises.]1 ---------- (1)<Inserted by L 2018-12-06/11, art. 22, 015; Effective: 28-12-2018>

Section 6. [1 - Provision of advice and sales practices in the absence of advice]1 ---------- (1)<Inserted by L 2018-12-06/11, art. 22, 015; Effective: 28-12-2018>

Art. 284. [1 § 1. Before the conclusion of an insurance contract, the insurance product distributor shall, on the basis of information obtained from the client, specify the client's requirements and needs and provide the client with objective information on the insurance product in a comprehensible form so as to enable him to take an informed decision. Any insurance contract proposed shall be consistent with the client's insurance requirements and needs. Where advice is provided before the conclusion of a specific contract, the insurance product distributor shall provide the client with a personalized recommendation explaining why a particular product would best suit his requirements and needs. § 2. The specifications referred to in paragraph 1 shall be modulated according to the complexity of the insurance product proposed and the type of client. § 3. When an insurance intermediary informs the client that it bases its advice on an impartial and personalized analysis, or that the advice is provided independently, it shall base its advice on the analysis of a sufficient number of insurance products offered on the market so as to be able to recommend, on the basis of professional criteria, the insurance contract that would be suitable for the client's needs. With regard to insurance-based investment products, this paragraph shall apply without prejudice to Article 295, § 3. § 4. Without prejudice to Articles 183 and 184 of Directive 2009/138/EC, before the conclusion of a contract, whether or not accompanied by the provision of advice and whether or not the insurance product forms part of a bundle in accordance with Article 286, the insurance product distributor shall provide the client with relevant information on the insurance product in a comprehensible form so as to enable him to take an informed decision, while taking into account the complexity of the insurance product and the type of client. § 5. With regard to the distribution of non-life insurance products listed in Annex I of the Law of 13 March 2016 on the status and supervision of insurance and reinsurance undertakings, the information referred to in paragraph 4 of this article shall be provided by means of a standardized product information document, on paper or on another durable medium. § 6. The product information document referred to in paragraph 5 shall be drawn up by the designer of the non-life insurance product. § 7. The product information document:
a) is a concise and self-contained document; b) is presented and laid out in a clear and easy-to-read manner, with characters of a readable size; c) is no less comprehensible when, the original having been printed in colour, it is printed or photocopied in black and white; d) is drawn up in the official language or one of the official languages used in the part of the Member State in which the insurance product is offered or, if the consumer and the distributor so agree, in another language; e) is accurate and not misleading; f) bears the title "product information document" at the top of the first page; g) includes a statement indicating that pre-contractual and contractual information on the product is provided in other documents. The King may provide, by decree adopted after the opinion of the FSMA, that the product information document must be provided together with the information required by other provisions of European law or provisions of Belgian law applicable, provided that all the requirements set out in the first paragraph are respected. § 8. The product information document shall contain the following information:
a) information on the type of insurance; b) a summary of the insurance coverage, including the main risks covered, the guarantee limits and, where applicable, the geographical coverage and a summary of excluded risks; c) the terms of payment of premiums and the duration of payments; d) the main exclusions that make any claim for compensation impossible; e) the obligations at the start of the contract; f) the obligations during the duration of the contract; g) the obligations in the event of a claim; h) the duration of the contract, including the start and end dates of the contract; i) the terms of termination of the contract. § 9. It is not necessary to provide the information referred to in this article when the insurance product distributor carries out distribution activities in connection with the coverage of large risks. § 10. The product information document shall be presented in the manner described by Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 establishing a standardised format for the product information document.]1 ---------- (1)<Inserted by L 2018-12-06/11, art. 22, 015; Effective: 28-12-2018>

Section 7. [1 - Information modalities]1 ---------- (1)<Inserted by L 2018-12-06/11, art. 22, 015; Effective: 28-12-2018>

Art. 285. [1 § 1. Any information provided to clients under Articles 281 to 284, 287 and 295 or under decrees and regulations adopted in implementation of these articles shall be communicated to clients, unless otherwise stipulated:
a) on paper; b) in a clear and precise manner, comprehensible to the client; c) in an official language of the Member State where the risk is situated or of the Member State of commitment or in any other language agreed by the parties; and d) free of charge.
§ 2. By way of derogation from paragraph 1, point a), of this article, the information referred to in this chapter or in the decrees adopted in implementation of this chapter may be provided to the client by using one of the following media:
a) on a durable medium other than paper, if the conditions set out in paragraph 4 of this article are met; or b) by means of a website, if the conditions set out in paragraph 5 of this article are met.
§ 3. However, if the information referred to in this chapter or in the decrees adopted in implementation of this chapter is provided by means of a durable medium other than paper or a website, a copy on paper shall be provided free of charge to the client upon his request.
§ 4. The information referred to in this chapter or in the decrees adopted in implementation of this chapter may be provided to the client on a durable medium other than paper if the following conditions are met:
a) the use of the durable medium is appropriate given the business transactions taking place between the insurance product distributor and the client; and b) the client has been offered the choice of receiving the information either on paper or on a durable medium, and he has chosen the latter medium. § 5. The information referred to in this chapter or in the decrees adopted in implementation of this chapter may be provided by means of a website if they are addressed personally to the client or if the following conditions are met:
a) the provision of said information by means of a website is appropriate given the business transactions taking place between the insurance product distributor and the client; b) the client has accepted that said information be provided to him by means of a website; c) the client has been notified electronically of the address of the website, as well as the location on the website where said information can be found; d) access to said information on the website is guaranteed for a period such that the client can reasonably be expected to consult it. § 6. For the purposes of paragraphs 4 and 5, the provision of information on a durable medium other than paper or by means of a website shall be deemed appropriate given the business transactions taking place between the insurance product distributor and the client if there are elements showing that the client has regular access to the internet. The provision, by the client, of an electronic address for the purposes of these business transactions constitutes an element of proof in this regard. § 7. In the case of telephone sales, the pre-contractual information provided to the client by the insurance product distributor before the conclusion of the contract, including the product information document, shall be provided in compliance with the rules of Book VI of the Code of Economic Law. Furthermore, even if the client has chosen to obtain the pre-contractual information on a durable medium other than paper in accordance with paragraph 4, they shall be provided to the client by the insurance product distributor in accordance with paragraph 1 or 2 immediately after the conclusion of the insurance contract.]1 ---------- (1)<Inserted by L 2018-12-06/11, art. 22, 015; Effective: 28-12-2018>

Section 8. [1 - Cross-selling]1 ---------- (1)<Inserted by L 2018-12-06/11, art. 22, 015; Effective: 28-12-2018>

Art. 286. [1 § 1. Cross-selling in the context of which at least one element is an insurance product is authorized when it is in conformity with this article and the decrees and regulations adopted for its implementation. § 2. When an insurance product is offered with an ancillary product or service that is not insurance, as part of a bundle or the same agreement, the insurance product distributor shall indicate to the client whether it is possible to purchase the various components separately and, if so, provide an adequate description of each of the components of the agreement or bundle, as well as separate justifications of the costs and fees related to each component. § 3. In the circumstances referred to in paragraph 2, and when the risk or insurance coverage resulting from such an agreement or bundle proposed to a client is different from the risk or coverage associated with the different elements taken separately, the insurance product distributor shall provide an appropriate description of the different elements of the agreement or bundle and explain how their interaction modifies the risk or insurance coverage. § 4. When an insurance product is an ancillary product to a good or service that is not insurance as part of a bundle or the same agreement, the insurance product distributor shall give the client the possibility to purchase the good or service separately. This paragraph shall not apply in the case of an ancillary insurance product to a service or investment activity within the meaning of Article 4, paragraph 1, point 2, of Directive 2014/65/EU, to a credit agreement within the meaning of Article 4, point 3, of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 or to a payment account within the meaning of Article 2, point 3, of Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014. § 5. This article and the decrees and regulations adopted for its implementation shall not prevent the distribution of insurance products covering various types of risks. § 6. In the cases referred to in paragraphs 2 and 4, the insurance product distributor shall specify the client's requirements and needs regarding the insurance products that form part of the overall bundle or the same agreement. § 7. The King may, by decree deliberated in the Council of Ministers adopted after the opinion of the FSMA:
1° adopt stricter measures for certain cross-selling practices when he can demonstrate that such practices cause harm to consumers; 2° intervene on a case-by-case basis to prohibit the sale of insurance with an ancillary service or product that is not insurance, as part of a bundle or the same agreement, when he can demonstrate that such practices cause harm to consumers.]1 ---------- (1)<Inserted by L 2018-12-06/11, art. 22, 015; Effective: 28-12-2018>

Section 9. [1 - Incentives]1 ---------- (1)<Inserted by L 2018-12-06/11, art. 22, 015; Effective: 28-12-2018>

Art. 287. [1 The representative organizations of the insurance sector shall be responsible for drawing up, by common agreement within a period of six months following the publication of this law in the Belgian Monitor, a code of conduct which shall include at least the following, distinguishing, where appropriate, according to the type of insurance product concerned:
1° criteria for assessing whether the companies receiving incentives comply with the obligation to act in an honest, fair and professional manner in the best interests of the client, and 2° a non-exhaustive list of prohibited incentives because they have a negative effect on the quality of the service provided to the client. The King shall fix the date of entry into force of the code of conduct and confer binding force upon it by royal decree adopted on the advice of the FSMA. In the absence of the code of conduct within a period of twelve months following the entry into force of this law or in the absence of ratification by the King of this code of conduct, the King shall be empowered:
1° to set criteria for assessing whether the companies receiving incentives comply with the obligation to act in an honest, fair and professional manner in the best interests of the client, and 2° to establish a non-exhaustive list of prohibited incentives because they have a negative effect on the quality of the service provided to the client. He may distinguish, where appropriate, according to the type of insurance product concerned.]1 ---------- (1)<Inserted by L 2018-12-06/11, art. 22, 015; Effective: 28-12-2018>

Section 10. [1 - Product oversight and governance and product knowledge requirements]1 ---------- (1)<Inserted by L 2018-12-06/11, art. 22, 015; Effective: 28-12-2018>

Art. 288. § 1. Insurance companies, as well as intermediaries who design insurance products intended for sale to clients, maintain, apply and revise a validation process for each insurance product, or for significant adaptations made to an existing insurance product, before its marketing or distribution to clients.

The product validation process is proportional and appropriate to the nature of the insurance product.

The product validation process determines a defined target market for each product, ensures that all relevant risks for the defined target market are assessed and that the planned distribution strategy is suitable for the defined target market, and takes reasonable measures to ensure that the insurance product is distributed to the defined target market.

The insurance company understands and regularly reviews the insurance products it offers or markets, taking into account any event that could significantly affect the potential risk facing the defined target market, in order to assess at least whether the product continues to meet the needs of the defined target market and whether the planned distribution strategy remains appropriate.

Insurance companies, as well as intermediaries who design insurance products, make available to distributors all useful information on the insurance product and on the product validation process, including the defined target market of the insurance product.

When an insurance product distributor advises or proposes insurance products that he does not design, he puts in place appropriate arrangements to obtain the information referred to in the fifth paragraph and to understand the characteristics and the defined target market of each insurance product.

§ 2. The policies, processes and arrangements referred to in this article are without prejudice to all other requirements provided for by this law, including those applicable to publication, suitability or appropriateness, detection and management of conflicts of interest, and incentives.

§ 3. Paragraphs 1 and 2 of this article do not apply to insurance products consisting of covering large risks.

§ 4. Insurance intermediaries and ancillary insurance intermediaries shall only conduct their intermediary activity on insurance contracts whose essential characteristics they, their distribution managers, and the persons in contact with the public they employ, know and are able to explain to clients.

Insurance companies shall only offer to subscribe to insurance contracts whose essential characteristics their distribution managers and the persons in contact with the public they employ, know and are able to explain to clients.

Section 11. - Client Files

Art. 290. § 1. The insurance product distributor creates a file including the document or documents he has concluded with the client, stating the rights and obligations of the parties as well as the other conditions under which he provides services to the client. The rights and obligations of the parties to the contract may be incorporated by reference to other documents or legal texts.

The data are, for the purposes of the execution of its supervisory missions by the FSMA, retained for a period of five years, and, if the FSMA so requests, for a period of seven years, without prejudice to the fixing, in accordance with Regulation 2016/679, of a longer period by the insurance product distributor in the context of contract performance and the management of associated disputes.

§ 2. The King may, by decree taken after opinion of the FSMA, specify the content of the file referred to in paragraph 1, as well as the content of the contracts to be concluded with clients.

Section 12. - Data Retention

Art. 291. § 1. Insurance product distributors retain a record of any insurance distribution activity carried out in order to allow the FSMA to verify whether the insurance product distributor complies with the provisions of this part and the provisions taken in implementation of this part, and in particular whether he respects his obligations towards his clients or potential clients.

The data are, for the purposes of the execution of its supervisory missions by the FSMA, retained for a period of five years, and, if the FSMA so requests, for a period of seven years, without prejudice to the fixing, in accordance with Regulation 2016/679, of a longer period by the insurance product distributor in the context of contract performance and the management of associated disputes.

§ 2. The FSMA may specify the provisions of this article by means of regulations taken in implementation of Articles 49, § 3, and 64, of the Law of 2 August 2002.

Section 13. - Provision of Information for Insurance Product Distributors

Art. 292. Insurance companies make available to insurance product distributors who distribute their products the information they possess and which insurance product distributors need to comply with their obligations arising from this chapter and the provisions taken in implementation of this chapter.

Section 14. - Liability

Art. 293. § 1. Insurance companies that collaborate with tied insurance agents assume full and unconditional civil liability for any action taken or omission committed by these tied insurance agents when they act on their behalf and for their account, insofar as this action or omission concerns the rules of conduct referred to in Chapter 5 of this part or the provisions taken for its implementation.

Insurance companies ensure that the tied insurance agents with whom they collaborate indicate in what capacity they act when dealing with a client or potential client.

Insurance companies are required to monitor the activities of the tied insurance agents with whom they collaborate.

§ 2. Insurance or reinsurance agents and insurance or reinsurance brokers that collaborate with sub-agents assume full and unconditional civil liability for any action taken or omission committed by these insurance or reinsurance sub-agents when the latter act on their behalf.

Insurance or reinsurance agents and insurance or reinsurance brokers ensure that the sub-agents with whom they collaborate indicate in what capacity they act when dealing with a client or potential client.

Insurance or reinsurance agents and insurance or reinsurance brokers are required to monitor the activities of the insurance or reinsurance sub-agents with whom they collaborate.

Section 15. - Additional Requirements Regarding Insurance-Based Investment Products

Sub-section 1. - Scope of Additional Requirements

Art. 294. This section establishes additional requirements to those applicable to the distribution of insurance products when the distribution of insurance products concerns insurance-based investment products:

a) either by an insurance intermediary; b) or by an insurance company.

Sub-section 2. - Client Information

Art. 295. § 1. Without prejudice to Articles 281 and 283, §§ 1 and 2, appropriate information is provided to clients or potential clients in good time before the conclusion of any contract regarding the distribution of insurance-based investment products, and regarding all costs and fees related thereto. This information includes at least the following elements:

a) when advice is provided, it indicates whether the intermediary or insurance company will provide the client with a periodic assessment, referred to in Article 296, of the suitability of the insurance-based investment products recommended to that client; b) regarding information on insurance-based investment products and proposed investment strategies, appropriate guidance and warnings on the risks inherent in insurance-based investment products or certain proposed investment strategies; c) regarding information on all related costs and fees to be communicated, information relating to the distribution of the insurance-based investment product, including the cost of advice, if applicable, the cost of the insurance-based investment product recommended to the client or marketed to the client and how the client can pay for it, which also includes any payment made by third parties.

Information relating to all costs and fees, including costs and fees related to the distribution of the insurance-based investment product, which are not caused by the occurrence of a risk of the underlying market, are aggregated to allow the client to understand the total cost and the cumulative effect on the return on investment, and, if the client requests, a breakdown of costs and fees by item is provided. Where applicable, this information is provided to the client regularly, at least annually, during the life of the investment.

The information referred to in this paragraph is provided in an easily comprehensible form, such that clients or potential clients are reasonably able to understand the nature and risks of the insurance-based investment product offered to them and, consequently, to make informed investment decisions.

§ 2. The information referred to in this article must not be provided to a professional client.

§ 3. When an insurance intermediary informs the client that advice is provided independently, he evaluates a sufficiently large number of insurance products available on the market, these insurance products being sufficiently varied in their nature and the providers of the products, to ensure that the client's objectives can be adequately met, and he does not limit himself to insurance products issued or provided by entities having close links with the intermediary.

Sub-section 3. - Evaluation of Suitability and Appropriateness

Art. 296. § 1. Without prejudice to Article 284, § 1, when he or she provides advice on an insurance-based investment product, the intermediary or insurance company also obtains the necessary information on the knowledge and experience of the client or potential client in the investment field to which the specific type of product or service relates, the financial situation of that person, including his ability to suffer losses, and his investment objectives, including his risk tolerance, so as to be able to recommend to the client or potential client the suitable insurance-based investment products and, in particular, those that are adapted to his risk tolerance and his ability to suffer losses.

When an intermediary or insurance company provides investment advice recommending bundled services or products in accordance with Article 286, he or she must ensure that the bundled offer is suitable as a whole.

§ 2. Without prejudice to Article 284, § 1, the intermediary or insurance company, when he or she carries out insurance distribution activities other than those referred to in paragraph 1 of this article, in relation to sales that are not accompanied by advice, asks the client or potential client to provide information on his knowledge and experience in the investment field to which the specific type of product or service offered or requested relates, in order to determine whether the service or insurance product envisaged is appropriate for the client. When a bundled offer of services or products is envisaged in accordance with Article 286, the assessment covers the appropriateness of the bundled offer as a whole.

If the intermediary or insurance company considers, based on the information received in accordance with the first paragraph, that the product is not appropriate for the client or potential client, he warns him of this. This warning may be provided in a standardized form.

If clients or potential clients do not provide the information referred to in the first paragraph, or provide only insufficient information on their knowledge and experience, the intermediary or insurance company warns them that he or she is unable to determine whether the envisaged product is appropriate for them. This warning may be provided in a standardized form.

§ 3. When he or she provides advice on an insurance-based investment product, the intermediary or insurance company provides the client, before the conclusion of the contract, a suitability statement on a durable medium, specifying the advice provided and how it meets the client's preferences, objectives and other characteristics. The conditions set out in Article 285, paragraphs 1 to 4, apply.

When the contract is concluded using a distance communication means that does not allow the prior transmission of the suitability statement, the intermediary or insurance company may provide the suitability statement on a durable medium as soon as the client is bound by a contract, provided that the following two conditions are met:

a) the client has consented to receive the suitability statement without excessive delay after the conclusion of the contract; and b) the intermediary or insurance company has given the client the opportunity to delay the conclusion of the contract so that he can receive the suitability statement prior to said conclusion of the contract.

When an intermediary or insurance company has informed the client that he or she will carry out a periodic suitability assessment, the periodic report includes an updated statement on how the insurance-based investment meets the client's preferences, objectives and other characteristics.

§ 4. The information obligations of this article do not apply to professional clients.

§ 5. By decree taken on the advice of the FSMA, the King is empowered to specify how intermediaries and insurance companies must comply with the principles set out in this article.

Sub-section 4. - Incentive Requirements Regarding Insurance-Based Investment Products

Art. 296/1. Without prejudice to Article 283, § 1, points d) and e), and § 3, insurance product distributors are considered to have fulfilled their obligations under Article 279, § 1, and Article 283, §§ 8 to 10, when they pay or receive fees or a commission, or provide or receive a non-monetary advantage in connection with the distribution of an insurance product or the provision of an ancillary service, to or by any party, excluding the client or the person acting on behalf of the client, only in the cases where the payment or advantage:

a) has no negative effect on the quality of the service provided to the client; and b) does not harm the compliance of the insurance product distributor's obligation to act honestly, fairly and professionally in the best interests of his clients.

The payment or advantage that enables the distribution of insurance or is necessary for it, such as legal contributions and legal fees and reinsurance premiums, and which by nature cannot cause a conflict with the obligation incumbent on the insurance product distributor to act in an honest, fair and professional manner in the best interests of his clients, is not subject to the requirements set out in the first paragraph.

Sub-section 5. [1 - Reporting requirements to clients regarding insurance-based investment products]1 ---------- (1)<Inserted by L 2018-12-06/11, art. 22, 015; Effective: 28-12-2018>

Art. 296/2. [1 § 1. The insurance intermediary or insurance company provides the client, on a durable medium, with adequate information on the service provided. This information consists in particular of periodic communications to its clients, which take into account the type and complexity of the insurance products concerned and the nature of the services provided to the client, and include, where appropriate, the costs related to transactions carried out and services provided on behalf of the client. § 2. This article does not apply to services provided to professional clients.]1 ---------- (1)<Inserted by L 2018-12-06/11, art. 22, 015; Effective: 28-12-2018>

PART 7. - THE ORGANIZATION OF CONTROL

TITLE I. - The organization of control and collaboration between authorities

Art. 297.[1 Unless otherwise provided, the provisions of this Part apply with regard to:
1° this law and its implementing regulations and decrees; 2° (i) Regulation 2019/2088, delegated acts and regulatory or implementing technical standards adopted by the Commission in implementation of this regulation, and (ii) Articles 5 to 7 of Regulation 2020/852 as well as the delegated acts and regulatory or implementing technical standards adopted by the Commission in implementation of this regulation; 3° Regulation 2022/2554 as well as the delegated acts and regulatory or implementing technical standards adopted by the Commission in implementation of this regulation; 4° delegated acts and regulatory or implementing technical standards adopted by the Commission in implementation of the IDD Directive.]1 ---------- (1)<L 2025-03-25/05, art. 44, 037; Effective: 08-05-2025>

Art. 298.[1 Former Art. 280]1 § 1. Unless explicit contrary provision is made by this law, the FSMA ensures control of compliance with the provisions [2 referred to in Article 297]2. § 2. By way of derogation from paragraph 1, the OCM is responsible for controlling compliance with [2 the provisions referred to in Article 297, 1° and 4°,]2 which concern mutual societies referred to in Articles 43bis, § 5, and 70, §§ 6, 7 and 8, of the Law of 6 August 1990 relating to mutual societies and national unions of mutual societies, and those which concern insurance intermediaries referred to in Article 68 of the Law of 26 April 2010 laying down various provisions concerning the organization of complementary health insurance (I). With regard to the control and sanction powers provided by this law and its implementing decrees with respect to mutual societies and insurance intermediaries mentioned in the first paragraph, 'the FSMA' shall be read as 'the OCM', except in provisions establishing regulatory competence of the FSMA and in provisions for which the law itself provides a distinct regime for the control exercised by the OCM. For decrees that the King must take pursuant to this law, on the advice of the FSMA, it is also necessary to obtain the advice of the OCM if it is provided that the mutual societies and/or insurance intermediaries mentioned in the first paragraph fall within the scope of the decrees in question. The FSMA and the OCM conclude a cooperation agreement that regulates in particular the exchange of information and organizes the uniform application of the law. ---------- (1)<L 2018-12-06/11, art. 23, 015; Effective: 28-12-2018> (2)<L 2025-03-25/05, art. 45, 037; Effective: 08-05-2025>

Art. 299.[1 Former Art. 281]1 The FSMA is responsible for controlling compliance, by Belgian insurance companies and foreign insurance companies, with the exception of EEA insurance companies, with the rules which, in accordance with Article 45, § 1, 3°, f, of the Law of 2 August 2002, aim to guarantee fair, equitable and professional treatment of interested parties. ---------- (1)<L 2018-12-06/11, art. 23, 015; Effective: 28-12-2018>

Art. 300.[1 Former Art. 282]1 In order to ensure effective and coordinated control of insurance companies, the Bank and the FSMA conclude a protocol, which they publish on their respective websites. This protocol determines the terms of collaboration between the Bank and the FSMA in all cases where the law provides for an opinion, consultation, information or any other contact between the two institutions, as well as in cases where consultation between the two institutions is necessary to ensure uniform application of the legislation. ---------- (1)<L 2018-12-06/11, art. 23, 015; Effective: 28-12-2018>

Art. 301.[1 Former Art. 283]1 When, in the exercise of its control of compliance with the provisions [3 referred to in Article 297]3], the FSMA identifies practices contrary to [3 legislation other than the provisions referred to in Article 297]3], [2 it may inform, under the conditions referred to in Article 75 of the Law of 2 August 2002, the authorities responsible for these matters and provided that these authorities are mentioned in the first paragraph of the aforementioned article.]2 Similarly, these authorities inform the FSMA when their services have identified violations of laws, decrees or regulations committed by companies and persons subject to [3 the provisions referred to in Article 297]3]. These communications remain subject to professional secrecy to which these authorities are bound. ---------- (1)<L 2018-12-06/11, art. 23, 015; Effective: 28-12-2018> (2)<L 2022-05-08/03, art. 10, 026; Effective: 03-07-2022> (3)<L 2025-03-25/05, art. 46, 037; Effective: 08-05-2025>

Art. 302.[2 Former Art. 284]2 [3 § 1. In order to ensure proper application [4 of the provisions referred to in Article 297]4], the FSMA cooperates with the Bank, with EIOPA, with the competent authorities of the EEA Member States, with the competent authorities within the meaning of Article 12, paragraph 1, of the IDD Directive, as well as with the authorities of third countries with a similar mandate, and may exchange confidential information with these authorities in accordance with the provisions of Articles 75 and 77, §§ 1 and 2, of the Law of 2 August 2002. The FSMA communicates without delay to EIOPA all information necessary for it to fulfill its mission, in accordance with Regulation (EU) No 1094/2010. In the exercise of its functions, the FSMA takes into account convergence in the field of control tools and control practices in the application of legislative, regulatory and administrative provisions adopted in accordance with Directive 2009/138/EC and the IDD Directive. To this end:
a) the FSMA participates in the activities of EIOPA; b) the FSMA does everything possible to comply with the guidelines and recommendations published by EIOPA in accordance with Article 16 of Regulation (EU) No 1094/2010 and, if it does not, it indicates the reasons; c) the FSMA exchanges with other competent authorities, as part of the registration procedure and on a continuous basis, relevant information concerning the honorability as well as the knowledge and professional skills of insurance and reinsurance product distributors. § 2. Without prejudice to other rights conferred on it within the framework of its control activities, the FSMA may, concerning operations carried out in Belgium by an insurance company under the right of establishment and/or within the framework of the free provision of services, request from the competent authorities of the home Member State of the insurance company information on the total amount of premiums, claims and commissions concerning these operations. § 3. The FSMA also exchanges with other competent authorities information concerning insurance and reinsurance product distributors who have been subject to a sanction or other measure likely to lead to the removal of these distributors from the register.]3 ---------- (1)<L 2016-06-29/01, art. 80, 005; Effective: 16-07-2016> (2)<L 2018-12-06/11, art. 23, 015; Effective: 28-12-2018> (3)<L 2018-12-06/11, art. 25, 015; Effective: 28-12-2018> (4)<L 2025-03-25/05, art. 47, 037; Effective: 08-05-2025>

Art. 303.[1 Former Art. 285]1 [2 Any complaint regarding violations [2 of the provisions referred to in Article 297]2 must be brought to the attention of the FSMA by the judicial or administrative body seized thereof. Any criminal action regarding the violations referred to in the first paragraph must be brought to the attention of the FSMA at the request of the registry of the criminal court seized thereof. ---------- (1)<L 2018-12-06/11, art. 23, 015; Effective: 28-12-2018> (2)<L 2025-03-25/05, art. 48, 037; Effective: 08-05-2025>

TITLE II. - The exercise of control

CHAPTER 1. - General provisions

Art. 304.[1 Former Art. 286]1 § 1. [2 The FSMA determines the information and documents that insurers, reinsurance companies, insurance intermediaries, ancillary insurance intermediaries and reinsurance intermediaries are required to provide to it to enable it to verify whether these companies and intermediaries permanently comply with the legal and regulatory provisions applicable to them. The FSMA also determines the frequency and manner of transmission of this information and documents.]2 § 2. [2 Upon simple request from the FSMA, insurers, reinsurance companies, insurance intermediaries, ancillary insurance intermediaries and reinsurance intermediaries are required to provide it with all information and deliver all documents necessary for the execution of its mission, and this within the [4 time and according to the terms]4 determined by it. The information and documents referred to in this paragraph must be drafted in at least the language imposed by law or decree. The FSMA may conduct inspections at the Belgian headquarters of insurers, reinsurance companies, insurance intermediaries, ancillary insurance intermediaries and reinsurance intermediaries or at their branches, agencies and offices in Belgium and review and copy on site any information in possession of insurers, reinsurance companies, insurance intermediaries, ancillary insurance intermediaries and reinsurance intermediaries, after, in the case of an EEA company, having informed the competent authorities of the home Member State of the company concerned. The FSMA may also conduct the inspections referred to in paragraph 2 at the branches of insurers, insurance intermediaries, ancillary insurance intermediaries and reinsurance intermediaries that are Belgian and established abroad, subject, in the case of a branch established in an EEA Member State, to prior notification to the competent authorities of that State. It may, likewise, request the competent authorities of the Member State of the branch of an insurance company, insurance intermediary, ancillary insurance intermediary or reinsurance intermediary that is Belgian, to carry out these inspections on its behalf. Insurance intermediaries, ancillary insurance intermediaries and reinsurance intermediaries are required to provide the FSMA, upon simple request, with all information concerning the insurance contracts they hold. The FSMA may, for the execution of this article, delegate members of its staff or independent experts mandated for this purpose, who report to
it.]2 [5 For the purposes of its missions under Regulation 2022/2554, the FSMA may also exercise the prerogatives referred to in this paragraph with respect to companies to which insurance intermediaries, ancillary insurance intermediaries and reinsurance intermediaries resort as service providers, including third-party ICT service providers referred to in Article 3, 19), of said regulation.]5 § 3. If the provisions of the [2 Article 307]2 are applied to an insurer, the FSMA may:
a) extend the request for information or documents as well as the on-site verification referred to in paragraph 2, first and second paragraphs, to any company established in Belgium over which the insurer [3 exercises control within the meaning of Article 1:14 of the Code of Companies and Associations]3; b) do the same with respect to companies or organizations established in Belgium that have entered into a management, reinsurance or other agreement with the insurer capable of transferring management; c) extend, within the framework of international agreements, the control referred to in paragraph 2 to branches and subsidiaries established abroad of Belgian insurers. The FSMA may, for the application of this point c, conclude agreements with foreign authorities. This extension, which must be the subject of a reasoned decision, may have no other objective than verifying compliance by the insurer with the commitments it has entered into with respect to policyholders, insured persons, beneficiaries or any third parties having an interest in the execution of insurance contracts. [2 § 4. The FSMA may request judicial authorities to collect any information and documents deemed useful for the purposes mentioned in § 1. Judicial authorities transmit this information and documents to the FSMA, provided that information and documents relating to pending judicial proceedings may not be communicated without the express authorization of the Prosecutor General. The competent Prosecutor General may refuse to follow up on the request referred to in the first paragraph when a judicial proceeding has already been initiated for the same facts and against the same persons or when those persons have already been definitively judged for the same facts.]2 ---------- (1)<L 2018-12-06/11, art. 23, 015; Effective: 28-12-2018> (2)<L 2018-12-06/11, art. 26, 015; Effective: 28-12-2018> (3)<L 2021-06-27/09, art. 70, 024; Effective: 19-07-2021> (4)<L 2024-05-03/21, art. 73, 032; Effective: 10-06-2024> (5)<L 2025-03-25/05, art. 49, 037; Effective: 08-05-2025>

Art. 305.[2 Former Art. 287]2 [1 If the authorization of an insurance company is revoked or expires by operation of law, the FSMA may, if it considers that the safeguarding of the rights of policyholders, insured persons, affiliates and/or beneficiaries requires it, publish in the manner it determines and at the expense of the concerned insurance company, a notice of revocation or expiration by operation of law of the authorization. This notice states the date on which the revocation or expiration by operation of law of the authorization takes effect.]1 ---------- (1)<Inserted by L 2016-06-29/01, art. 81, 005; Effective: 16-07-2016> (2)<L 2018-12-06/11, art. 23, 015; Effective: 28-12-2018>

CHAPTER 2. - Recovery measures

Art. 306.[1 Former Art. 288]1 Without prejudice to the application of Article 22, the FSMA requires the withdrawal or reforming of contractual or advertising documents of which it finds that they are not in compliance with the provisions [2 referred to in Article 297, 1°, 2° and 4°]2. The FSMA informs the Bank of cases where it has required the withdrawal or reforming of contractual documents, in accordance with the first paragraph. ---------- (1)<L 2018-12-06/11, art. 23, 015; Effective: 28-12-2018> (2)<L 2025-03-25/05, art. 56, 037; Effective: 08-05-2025>

Art. 307. [1] Former Art. 289 [1]

§ 1. When the FSMA finds that a Belgian insurer or a foreign insurer, other than an EEA insurance undertaking, is not operating in compliance with the provisions [4] referred to in Article 297, 1°, 2° and 4° [4], [2] it may put the insurer on notice [2] to remedy, within the time limit it determines, the situation found.

The FSMA informs the National Bank of the facts found regarding the concerned insurance undertaking.

§ 2. Without prejudice to other measures provided for by or pursuant to the law, the FSMA may, if the situation has not been remedied by the end of the time limit it imposed in accordance with paragraph 1, take all appropriate measures and in particular prohibit insurers from concluding new insurance contracts or certain categories of new insurance contracts, it being understood that, in the case of foreign insurers, this prohibition shall only apply to insurance contracts relating to risks or commitments situated in Belgium.

The FSMA informs the National Bank of the measures it has taken, pursuant to this paragraph, with regard to insurance undertakings.

§ 3. If the measures envisaged by the FSMA are likely to result in the suspension or prohibition of the direct or indirect exercise of the activity of an insurance undertaking, the FSMA informs the National Bank in advance of the measures it intends to take.

From the receipt of this information, the National Bank has a period of ten days to object to the measures envisaged. Upon expiration of this ten-day period, the National Bank is deemed not to object to the measures envisaged.

The National Bank states the reasons for its decision to object to the measures envisaged and communicates it to the FSMA by all useful means. The National Bank determines the period during which the measures envisaged cannot be executed, provided that this period may not exceed 30 days. This period may be extended with the consent of the FSMA.

Failing agreement between the National Bank and the FSMA, the National Bank may put in place the arbitration procedure referred to in Article 36bis, § 4, of the Law of 2 August 2002. If it resorts to this procedure, the National Bank informs the FSMA before the expiration of the aforementioned time limit.

If the National Bank does not make use of the possibility provided for in the second or fourth paragraph, the FSMA may take the measures envisaged in application of paragraph 2.

§ 4. In the event of serious and systematic infringement of the rules referred to in Article 45, § 1, first paragraph, 3°, or § 2, of the Law of 2 August 2002, the National Bank may revoke the authorization upon request of the FSMA according to the procedure and conditions laid down by Article 36bis of that same law.

§ 5. The FSMA may order the insurer to whom it addresses a notice in application of paragraph 1 to suspend the marketing or certain forms of marketing of the concerned insurance contract on Belgian territory as long as the relevant legal or regulatory provisions are not respected. The injunction to suspend marketing may extend to marketing via all or part of the persons to whom the insurer to whom the FSMA's injunction is addressed, calls upon for the purpose of marketing. The insurer to whom the injunction is addressed is obliged to immediately communicate this suspension of marketing to all persons to whom it calls upon for the purpose of marketing the insurance contract in question on Belgian territory and to whom the suspension of marketing extends. In the interest of users of financial products and services, the FSMA may make this decision public. The suspension of marketing is lifted by the FSMA when it is established that the relevant legal or regulatory provisions are now respected.

The FSMA informs the National Bank of the measures it has taken pursuant to the first paragraph.

§ 6. Without prejudice to the provisions of Article 277, § 2, the OCM is solely competent to adopt the measures provided for in this article with regard to mutual societies referred to in Articles 43bis, § 5, and 70, §§ 6, 7 and 8, of the Law of 6 August 1990 relating to mutual societies and national unions of mutual societies.

[2] § 7. [3] Article 311, § 5, first paragraph [3], applies when the measures referred to in paragraphs 2 and 5 are taken. [2]

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(1) L 2018-12-06/11, art. 23, 015; En vigueur : 28-12-2018> (2) L 2018-12-06/11, art. 27, 015; En vigueur : 28-12-2018> (3) L 2022-05-08/03, art. 11, 026; En vigueur : 03-07-2022> (4) L 2025-03-25/05, art. 51, 037; En vigueur : 08-05-2025>

Art. 308. [1] Former Art. 290 [1]

When the competent authorities of another Member State in which a Belgian insurance undertaking has established a branch or is providing services freely, notify the FSMA that this undertaking has infringed legal, regulatory or administrative provisions applicable in that Member State, the respect of which those authorities are charged with ensuring and which in Belgium fall within the competence of the FSMA, the FSMA takes, as soon as possible, the most appropriate measures as provided for in [2] Article 307 [2] so that the undertaking concerned puts an end to this irregular situation. The FSMA notifies the aforementioned authorities.

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(1) L 2018-12-06/11, art. 23, 015; En vigueur : 28-12-2018> (2) L 2018-12-06/11, art. 28, 015; En vigueur : 28-12-2018>

Art. 309. [1] Former Art. 291 [1]

Without prejudice to the possible application of [2] Article 307, § 5 [2], the FSMA may, in cases of extreme urgency, adopt the measures referred to in Articles [2] 307 and 308 [2] without a remediation period being previously fixed.

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(1) L 2018-12-06/11, art. 23, 015; En vigueur : 28-12-2018> (2) L 2018-12-06/11, art. 29, 015; En vigueur : 28-12-2018>

Art. 310. [2] Former Art. 291 [2]

§ 1. When the FSMA finds that an EEA insurance undertaking does not comply with the applicable legislative and regulatory provisions in Belgium within its area of competence, [3] it may put the insurance undertaking on notice [3] to remedy, within the time limit it determines, the situation found.

The FSMA informs the National Bank of the facts found regarding the concerned EEA insurance undertaking.

§ 2. If the situation has not been remedied by the end of the time limit it imposed in accordance with paragraph 1, the FSMA informs the competent authorities of the home Member State of the EEA insurance undertaking.

In the event of persistent infringements, the FSMA may, after having informed the competent authorities of the home Member State of the EEA insurance undertaking, take appropriate measures to prevent further irregularities. The FSMA may in particular, if circumstances require, prohibit this insurance undertaking from continuing to conclude insurance contracts or certain categories of insurance contracts relating to risks or commitments situated in Belgium.

The FSMA informs the National Bank of the measures it has taken in application of the second paragraph.

[1] Furthermore, the FSMA may refer the problem to EIOPA and request its assistance in accordance with Article 19 of Regulation (EU) No 1094/2010. In this case, EIOPA may act in accordance with the powers conferred upon it by that Article. [1]

§ 3. The FSMA may also order the EEA insurance undertaking to which it addresses a notice in application of paragraph 1 to suspend the marketing or certain forms of marketing of the concerned insurance contract on Belgian territory as long as the relevant legal or regulatory provisions are not respected. The injunction to suspend marketing may extend to marketing via all or part of the persons to whom the EEA insurance undertaking to which the FSMA's injunction is addressed, calls upon for the purpose of marketing. The EEA insurance undertaking to which the injunction is addressed is obliged to immediately communicate this suspension of marketing to all persons to whom it calls upon for the purpose of marketing the insurance contract in question on Belgian territory and to whom the suspension of marketing extends. In the interest of users of financial products and services, the FSMA may make this decision public. The suspension of marketing is lifted by the FSMA when it is established that the relevant legal or regulatory provisions are now respected.

The FSMA informs the National Bank, as well as the competent authorities of the home Member State of the EEA insurance undertaking, of the measures it has taken pursuant to the first paragraph.

§ 4. Without prejudice to the application of paragraphs 1, 2 or 3, the FSMA may, in cases of urgency, take appropriate measures to prevent infringements of the rules applicable to the EEA insurance undertaking and which fall within its area of competence. The FSMA may in particular prohibit the insurance undertaking from continuing to conclude insurance contracts or certain categories of insurance contracts relating to risks or commitments situated in Belgium.

The FSMA immediately informs the National Bank and the competent authorities of the home Member State of the insurance undertaking of the measures it has taken.

§ 5. The FSMA may, at the request of the competent Belgian authorities in this matter, apply the preceding paragraphs with regard to an EEA insurance undertaking when it has committed acts in Belgium contrary to legislative or regulatory provisions of general interest, such as those referred to in Article 15.

[1] § 6. The FSMA indicates to the European Commission and to EIOPA the number and type of cases in which measures have been taken under paragraphs 2 and 4. [1]

[3] § 7. [4] Article 311, § 5, first paragraph [4], applies when the measures referred to in paragraphs 2, 3, 4 and 5 are taken. [3]

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(1) L 2016-06-29/01, art. 82, 005; En vigueur : 16-07-2016> (2) L 2018-12-06/11, art. 23, 015; En vigueur : 28-12-2018> (3) L 2018-12-06/11, art. 30, 015; En vigueur : 28-12-2018> (4) L 2022-05-08/03, art. 12, 026; En vigueur : 03-07-2022>

Art. 311. [2] Former art. 292 [2]

§ 1. [3] When the FSMA finds that an insurance intermediary, an ancillary insurance intermediary or a reinsurance intermediary is not operating in compliance with the provisions of Part 6 of this law or its implementing decrees and regulations, other than the provisions of Chapter 5, it sets the time limit within which the situation found must be remedied. [8] This paragraph also applies to the corresponding provisions of delegated acts and regulatory or implementing technical standards adopted by the Commission in implementation of the IDD directive. [8]

On this occasion, the FSMA may prohibit the exercise of all or part of the activity of the insurance intermediary, the ancillary insurance intermediary or the reinsurance intermediary and suspend the registration of the latter until such time as it finds that the infringements have been remedied.

If, by the end of the time limit it imposed in accordance with the first paragraph, the FSMA finds that the infringements have not been remedied, it cancels the registration of the concerned insurance intermediary, ancillary insurance intermediary or reinsurance intermediary.

Cancellation entails the prohibition to exercise the regulated activity and to use the title. [3]

§ 2. [3] ... [3]

§ 3. [3] When the FSMA finds that an insurance intermediary, an ancillary insurance intermediary or a reinsurance intermediary is not operating in compliance with the provisions of this law, other than the provisions of Chapters 1 to 4 of Part 6, and/or with the decrees and regulations adopted for their implementation [5] or, insofar as they are applicable to it, [8] with the provisions referred to in Article 297, 2°, i), 3° and 4° [8] [5], it may set the time limit within which the situation found must be remedied.

On this occasion, the FSMA may prohibit the exercise of all or part of the activity of the insurance intermediary, the ancillary insurance intermediary or the reinsurance intermediary and suspend the registration of the latter until such time as it finds that the infringements have been remedied.

Without prejudice to other measures provided for by or pursuant to the law, the FSMA may, if the situation has not been remedied by the end of the time limit it imposed in accordance with the first paragraph, take the following measures with regard to the insurance intermediary, the ancillary insurance intermediary or the reinsurance intermediary:

1° suspend for the duration it determines the direct or indirect exercise of all or part of the intermediary's activity, as well as its registration. It may in particular prohibit the intermediary from continuing to exercise certain insurance distribution activities or from continuing to market certain insurance products.

Members of the administrative and management bodies and persons responsible for management who commit acts or take decisions in violation of the suspension or prohibition are jointly liable for the resulting damage to the company or third parties.

If the FSMA has published the suspension or prohibition in the Belgian Monitor, the acts and decisions taken in contravention thereof are null and void.

2° order the replacement of the concerned administrators or managers of the intermediary, within the time limit it determines. The FSMA publishes its decision in the Belgian Monitor;

3° cancel the registration of the intermediary.

Cancellation entails the prohibition to exercise the regulated activity and to use the title. [3]

[3] § 4. The FSMA cancels, by decision notified to the interested party, the registration of insurance intermediaries, ancillary insurance intermediaries and reinsurance intermediaries who have not commenced their activities corresponding to the obtained registration within six months of the registration, who renounce it, who have been declared bankrupt or who have ceased to exercise their activities. [3]

[7] When the FSMA finds that the collaboration between an insurance agent or a tied insurance agent and the sole insurance undertaking on whose behalf and for whose account he acts, or between an insurance sub-agent and the broker or insurance agent on whose behalf and for whose account he acts, is terminated, it cancels the concerned agent or sub-agent from the register where he was registered, after having warned him in advance. For insurance agents and tied insurance agents acting on behalf and for the account of several insurance undertakings, the FSMA cancels the agent from the register where he was registered, after having warned him in advance, when it finds that the agent is no longer linked to any of these insurance undertakings. [7]

[4] § 4/1. In the event of cancellation of the registration of an insurance intermediary, an ancillary insurance intermediary or a reinsurance intermediary, the FSMA informs the competent authorities of the Member States where the said intermediary exercises activities through the free provision of services or freedom of establishment. [4]

[3] § 5. When the measures referred to in paragraph 1, second and third paragraphs, paragraph 3, second and third paragraphs and paragraph 4 are taken, the FSMA publishes the adoption of these in accordance with Article 72, § 3, second and third paragraphs, of the Law of 2 August 2002. [3]

[6] When the measures referred to in paragraphs 1 to 4 are taken by the FSMA with regard to an insurance sub-agent or a reinsurance sub-agent, the latter informs without delay the broker or insurance agent or reinsurance agent under whose responsibility he acts, and communicates proof of this information to the FSMA.

When the measures referred to in paragraphs 1 to 4 are taken by the FSMA with regard to a tied insurance agent, the latter informs without delay the insurance undertaking or, where applicable, the insurance undertakings under whose responsibility he acts, and communicates proof of this information to the FSMA. [6]

---

(1) L 2016-06-29/01, art. 83, 005; En vigueur : 16-07-2016> (2) L 2018-12-06/11, art. 23, 015; En vigueur : 28-12-2018> (3) L 2018-12-06/11, art. 31, 015; En vigueur : 28-12-2018> (4) L 2021-06-27/09, art. 379, 024; En vigueur : 19-07-2021> (5) L 2021-07-04/04, art. 64, 025; En vigueur : 23-07-2021> (6) L 2022-05-08/03, art. 13, 026; En vigueur : 03-07-2022> (7) L 2024-05-03/21, art. 74, 032; En vigueur : 10-06-2024> (8) L 2025-03-25/05, art. 52, 037; En vigueur : 08-05-2025>

Art. 312.[2 Former Art. 292/1]2 [3 § 1. If the FSMA has reason to believe that an insurance or reinsurance intermediary or an ancillary insurance intermediary exercising activities in Belgium under the freedom to provide services infringes any of the obligations provided for by this law under the IDD Directive, or the provisions adopted on the basis of these provisions or the IDD Directive itself, it communicates these elements to the competent authority of the home Member State.

If, despite the measures taken by the home Member State, or because these measures prove insufficient or are lacking, the insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary continues to act in a manner clearly prejudicial on a large scale to the interests of consumers in the Belgian market or to the proper functioning of the insurance and reinsurance markets, the FSMA may, after having informed the competent authority of the home Member State, take appropriate measures to prevent further irregularities. On this occasion, the FSMA may, insofar as this is absolutely necessary, prevent the intermediary concerned from continuing to exercise new activities in Belgian territory.

Furthermore, the FSMA may refer the matter to EIOPA and request assistance in accordance with Article 19 of Regulation (EU) No 1094/2010.

§ 2. Notwithstanding the provisions of paragraph 1, the FSMA may take appropriate measures to prevent and sanction irregularities committed in Belgian territory, when immediate action is necessary to protect consumer rights. This power includes notably the possibility of preventing insurance or reinsurance intermediaries and ancillary insurance intermediaries from exercising new activities in Belgian territory.

§ 3. If the FSMA has reason to believe that an insurance intermediary, an ancillary insurance intermediary, or a reinsurance intermediary is distributing activities in Belgian territory through an establishment and thereby infringes the obligations set out in the provisions of Part 6, Chapter 5 adopted under the IDD Directive, and/or the corresponding provisions of delegated acts and regulatory or implementing technical standards adopted by the Commission in execution of the IDD Directive, or by the provisions referred to in Article 297, 2°, i) applicable to it]6, it may take appropriate measures to end this situation.

The FSMA identifies the shortcomings referred to in the first paragraph and sets the deadline within which the observed situation must be remedied.

On this occasion, the FSMA may prohibit the exercise of all or part of the activity of the insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary in Belgian territory until it establishes that the shortcomings have been remedied.

Without prejudice to other measures provided for by or under the law, the FSMA may, if the situation has not been remedied by the end of the deadline it imposed in accordance with the second paragraph, take against the insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary the measures referred to in Article 311, § 3, paragraphs 3 and 4.

If, by the end of the deadline it imposed in accordance with the second paragraph, the FSMA establishes that the shortcomings have not been remedied, it may prevent the insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary concerned from continuing to exercise new activities in Belgian territory.

§ 4. If the FSMA has reason to believe that an insurance intermediary, an ancillary insurance intermediary, or a reinsurance intermediary is distributing insurance activities in Belgian territory through an establishment and thereby infringes obligations provided for by the IDD Directive that fall within the competence of the home Member State authority, it informs that authority of its conclusions.

If, despite the measures taken by the home Member State, or because these measures prove insufficient or are lacking, the insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary continues to act in a manner clearly prejudicial on a large scale to the interests of consumers in the Belgian market or to the proper functioning of the insurance and reinsurance markets, the FSMA may, after having informed the competent authority of the home Member State, take appropriate measures to prevent further irregularities. On this occasion, the FSMA may, insofar as this is absolutely necessary, prevent the intermediary concerned from continuing to exercise new activities in Belgian territory.

Furthermore, the FSMA may refer the matter to EIOPA and request assistance in accordance with Article 19 of Regulation (EU) No 1094/2010.

§ 5. Notwithstanding the provisions of paragraph 4, the FSMA may take appropriate and non-discriminatory measures to prevent or sanction irregularities committed in Belgium, when immediate action is necessary to protect consumer rights. This power includes notably the possibility of preventing insurance or reinsurance intermediaries and ancillary insurance intermediaries from exercising new activities in Belgian territory.

§ 6. Notwithstanding the provisions of this article, the FSMA may take appropriate and non-discriminatory measures to prevent infringements of provisions of general interest in Belgian territory, insofar as this is absolutely necessary. In such cases, it may prevent the insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary concerned from continuing to exercise new activities in Belgian territory.

§ 7. Notwithstanding the provisions of this article, the FSMA may take appropriate measures to protect consumer rights in Belgium when an insurance intermediary, an ancillary insurance intermediary, or a reinsurance intermediary has chosen as its home Member State an EEA Member State other than Belgium solely to circumvent the rules that would apply to it if it were established in Belgium, while its relevant distribution activities are targeted entirely or mainly on Belgian territory, and when the activities of this intermediary seriously compromise the proper functioning of the insurance and reinsurance markets in Belgium with regard to consumer protection.

In such cases, the FSMA may, after having informed the competent authority of the home Member State, take all appropriate measures against the insurance product distributor referred to in the first paragraph to protect consumer rights in Belgium.

§ 8. Any measure adopted by the FSMA under this article is communicated without delay to the insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary concerned, in a duly reasoned document, and notified to the competent authority of the home Member State of the intermediary, to EIOPA, and to the European Commission.

§ 9. [5 Article 311, § 5, first paragraph]5, applies when the measures referred to in this article are taken by the FSMA.]3 ---------- (1)<Inserted by L 2017-04-18/03, art. 58, 007; En vigueur : 04-05-2017> (2)<L 2018-12-06/11, art. 23, 015; En vigueur : 28-12-2018> (3)<L 2018-12-06/11, art. 32, 015; En vigueur : 28-12-2018> (4)<L 2021-07-04/04, art. 65, 025; En vigueur : 23-07-2021> (5)<L 2022-05-08/03, art. 14, 026; En vigueur : 03-07-2022> (6)<L 2025-03-25/05, art. 53, 037; En vigueur : 08-05-2025>

Art. 312/1.[1 When the competent authorities of another Member State in which a Belgian insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary has established a branch or is exercising activities under the freedom to provide services, notify the FSMA that this intermediary has infringed legal, regulatory, or administrative provisions applicable in that Member State, the respect of which these authorities are charged with ensuring and which in Belgium fall within the competence of the FSMA, the FSMA takes, as soon as possible, the most appropriate measures as provided for in Article 311 so that the intermediary concerned ends this irregular situation. The FSMA informs the aforementioned authorities.]1 ---------- (1)<Inserted by L 2018-12-06/11, art. 33, 015; En vigueur : 28-12-2018>

Art. 313.[2 Former Art. 293]2 § 1. The decisions of the FSMA referred to in [3 Articles 307 to 311]3 take effect with regard to the insurer, reinsurance company, or [3 insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary]3 from their notification to them by registered letter with acknowledgment of receipt. Regarding measures taken with regard to insurers or reinsurance companies, they take effect with regard to third parties from their publication in the Belgian Monitor.

§ 2. [3 The management committee of the FSMA may entrust a member of FSMA staff designated by it with the notification of decisions regarding registration or refusal of registration in the register of insurance intermediaries and ancillary insurance intermediaries or in the register of reinsurance intermediaries, as well as decisions regarding modification, notice to comply, suspension, and removal of registration.]3 [1 The FSMA may validly notify the decisions referred to in the first paragraph using pre-printed forms, bearing a signature reproduced by a mechanical process.]1

§ 3. [3 ...]3 ---------- (1)<L 2015-10-26/06, art. 94, 003; En vigueur : 01-11-2015> (2)<L 2018-12-06/11, art. 23, 015; En vigueur : 28-12-2018> (3)<L 2018-12-06/11, art. 34, 015; En vigueur : 28-12-2018>

Art. 314.[1 Former Art. 294]1 § 1. Without prejudice to other measures provided for by or under the law, if the insurer or reinsurance company to which it has ordered to comply with the provisions [2 referred to in Article 297, 1°, 2° and 4°]2 remains in default at the expiration of the deadline it imposed, the FSMA may, the insurer or reinsurance company having been able to present its arguments:

1° impose a penalty on the latter which cannot exceed, per calendar day of delay, 50,000 euros, nor in total, for the breach of the same injunction, 2,500,000 euros;

2° make public its point of view concerning the infringement or shortcoming in question.

§ 2. The penalties imposed in application of this article are collected for the benefit of the Treasury by the Cadastre, Registration and Domains administration.

§ 3. In urgent cases, the FSMA may make public its point of view concerning the infringement or shortcoming in question without prior notice to comply, the insurer or reinsurance company having been able to present its arguments.

(1)<L 2018-12-06/11, art. 23, 015; En vigueur : 28-12-2018> (2)<L 2025-03-25/05, art. 54, 037; En vigueur : 08-05-2025>

Art. 315.[1 Former Art. 295]1 § 1. Without prejudice to other measures provided for by or under the law, [2 if the insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary]2 to which it has ordered to comply with the provisions [3 referred to in Article 297]3 remains in default at the expiration of the deadline it imposed, the FSMA may, the intermediary having been able to present its arguments:

1° impose a penalty on the latter which cannot exceed, per calendar day of delay, 5,000 euros, nor in total, for the breach of the same injunction, 75,000 euros;

2° make public its point of view concerning the infringement or shortcoming in question.

§ 2. The penalties imposed in application of this article are collected for the benefit of the Treasury by the Cadastre, Registration and Domains administration.

§ 3. In urgent cases, the FSMA may make public its point of view concerning the infringement or shortcoming in question without prior notice to comply, [2 the insurance intermediary, ancillary insurance intermediary, or reinsurance intermediary]2 having been able to present its arguments. ---------- (1)<L 2018-12-06/11, art. 23, 015; En vigueur : 28-12-2018> (2)<L 2018-12-06/11, art. 35, 015; En vigueur : 28-12-2018> (3)<L 2025-03-25/05, art. 55, 037; En vigueur : 08-05-2025>

CHAPITRE 3. - On liability

Art. 316.[1 Former Art. 296]1 The directors, managers, or general agents of insurance companies are liable to policyholders, insured persons, beneficiaries, or any third parties having an interest in the execution of insurance contracts, for all damages resulting from the violation of the obligations imposed on insurance companies by [2 the provisions referred to in Article 297]2.

They are discharged from this responsibility regarding infractions to which they have not participated only if no fault is imputable to them and if one cannot reproach them for not having implemented all means at their disposal to prevent or limit the damage.

When several persons are, in accordance with the preceding paragraphs, liable for the same damage, joint liability may be invoked.

(1)<L 2018-12-06/11, art. 23, 015; En vigueur : 28-12-2018> (2)<L 2025-03-25/05, art. 56, 037; En vigueur : 08-05-2025>

CHAPITRE 4. - On specific competencies in the case of liquidation procedures and safeguard measures

Art. 317.[2 Former Art. 297]2 § 1. The FSMA may request information from the competent Belgian authorities and the competent authorities of the home Member State of an insurance company regarding the progress of a safeguard measure or a liquidation procedure.

§ 2. For the application of this chapter, the notions of safeguard measure and liquidation procedure are to be understood [1 in the sense given to them in the Law of 13 March 2016.]1 ---------- (1)<L 2016-03-13/07, art. 730, 004; En vigueur : 23-03-2016; voir aussi l'art. 756> (2)<L 2018-12-06/11, art. 23, 015; En vigueur : 28-12-2018>

Art. 318.[1 Former Art. 298]1 When the competent authorities of an insurance company have decided to open a liquidation procedure or adopt a safeguard measure, the FSMA may, after consultation with the competent authorities of the insurance company, have a notice published in the Belgian Monitor and in two regional or periodic newspapers.

This notice contains at least an extract of this decision and mentions the competent authorities, the applicable law, and, if applicable, the appointed liquidator or the safeguard commissioner, and is published in at least one of the official languages of Belgium.

(1)<L 2018-12-06/11, art. 23, 015; En vigueur : 28-12-2018>

TITRE III. - Administrative sanctions

Art. 319.[1 Former Art. 299]1 [2 § 1. Without prejudice to other measures provided for by or under this law and without prejudice to measures defined by other laws or other regulations, the FSMA may, when it identifies an infringement of the provisions [3 referred to in Article 297 or the measures taken in execution thereof]3 impose an administrative fine on the offender.

In the case where the offender is a legal entity, the FSMA may also impose an administrative fine on one or more members of the administration, management, or supervisory body, and on any person responsible for the effective management of the legal entity, when they are found responsible for the infringement.

§ 2. The amount of the administrative fines referred to in paragraph 1 is determined as follows:

1° in the case of a legal entity, the amount of the administrative fine cannot exceed, for the same act or for the same set of acts, 5,000,000 euros, or, if the amount obtained by applying this percentage is higher, 5% of the total annual turnover of the legal entity as shown in the latest accounts available drawn up by the management body. When the legal entity is a parent company or a subsidiary of the parent company required to prepare consolidated financial accounts, the total annual turnover to be taken into consideration is the total annual turnover, as shown in the latest consolidated accounts available approved by the management body of the ultimate parent company;

2° in the case of a natural person, the amount of the administrative fine cannot exceed, for the same act or for the same set of acts, 700,000 euros.

Notwithstanding the above, when the violation has provided a profit to the offender or allowed the latter to avoid a loss, this maximum may be doubled to twice the amount of this profit or loss.

§ 3. The fines imposed in application of this article are collected for the benefit of the Treasury by the General Administration for Collection and Recovery.]2 ---------- (1)<L 2018-12-06/11, art. 23, 015; En vigueur : 28-12-2018> (2)<L 2018-12-06/11, art. 36, 015; En vigueur : 28-12-2018> (3)<L 2025-03-25/05, art. 57, 037; En vigueur : 08-05-2025>

Art. 320.[1 Former Art. 300]1 [2 ...]2

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(1)<L 2018-12-06/11, art. 23, 015; Effective: 28-12-2018> (2)<L 2018-12-06/11, art. 37, 015; Effective: 28-12-2018>

TITLE IV. - The Insurance Commission

Art. 321.[2 Former Art. 301]2 § 1. A consultative committee known as the "Insurance Commission" is established, whose mission is to deliberate on all questions submitted to it by the Minister or by the FSMA [3 as well as on the regulation of the terrestrial insurance contract, namely the regulation in Part IV of this Law, on the compulsory motor vehicle liability insurance, and on the rules contained in executive decrees regarding simple fire risk insurance, legal protection insurance, minimum conditions in private civil liability life insurance, and the subscription and execution of a life insurance contract as provided for in Articles 1 to 45 of the Royal Decree of 14 November 2003 concerning the life assurance activity]3. The Commission may issue opinions of its own initiative on all questions concerning insurance operations that fall within the competences of the FSMA. § 2. The Commission consists of twenty-six full members, appointed by the King. [3 Eight]3 members are chosen from among the representatives of insurance companies authorized to conduct insurance activities in Belgium, of whom [3 six]3 are presented [4 ...]4 by the most representative professional organizations. [3 Eight]3 members are chosen from among persons capable of representing consumer interests; two of them are presented [4 ...]4 by [1 the Special Consultative Committee on Consumption ]1. One of these [3 eight]3 members represents the interests of industrial and commercial enterprises. [3 Four]3 members are chosen from among the representatives of insurance intermediaries operating in Belgium, presented [4 ...]4 by the most representative professional organizations. The other six members, one of whom shall be appointed on the proposal of the Minister of Finance, must possess qualifications and professional experience in the field of activities supervised by the FSMA. The Ministers having competence over issues concerning the prevention, liability, or repair of damage caused accidentally to persons or property may, like the OCM, the FSMA [3 and the Federal Agency for Occupational Risks]3, delegate an observer to the Commission. The King also designates a substitute for each member. The substitutes are chosen in the same manner as the full members. § 3. [3 ...]3 § 4. The term of office of the members of the Commission is six years; it is renewable. [3 ...]3 The King designates the President of the Commission from among the members composing it and determines the allowances enjoyed by the members of the Commission and any experts possibly required. § 5. The FSMA assumes the secretariat of the Commission [3 ...]3. The members of the management committee of the FSMA, who may be assisted by any FSMA staff member, may attend all meetings of the Commission or its sections. The Commission establishes its internal regulations and submits them for approval to the Minister. ---------- (1)<AR 2017-12-13/14, art. 11,10°, 011; Effective: 01-01-2018> (2)<L 2018-12-06/11, art. 23, 015; Effective: 28-12-2018> (3)<L 2019-05-02/28, art. 63, 018; Effective: 01-06-2019> (4)<L 2022-09-25/14, art. 58, 029; Effective: 26-01-2023>

TITLE V. - The extrajudicial dispute resolution system

Art. 322.[3 Former Art. 302]3 § 1. An extrajudicial complaint handling system is established, tasked with contributing to the resolution of disputes between, on the one hand, insurance companies and insurance intermediaries [4 and ancillary insurance intermediaries]4 and, on the other hand, their clients, by issuing an opinion or intervening as a mediator. This insurance ombudsman service must take the form of a legal entity. § 2. The ombudsman service has the following missions:
1° examine all complaints from policyholders, insured persons, beneficiaries, and third parties having an interest in the execution of the insurance contract, relating to

• the activities of insurance companies falling within the scope of this Law [2 or the Law of 13 March 2016]2], including EEA insurance companies that have a branch in Belgium and/or conduct insurance activities there, for contracts governed by Belgian law, and/or relating to
• [4 the activities of insurance intermediaries and ancillary insurance intermediaries falling within the scope of this Law, including insurance intermediaries and ancillary insurance intermediaries whose home Member State is another EEA Member State and which operate in Belgium, for acts governed by provisions of general interest applicable to them,]4
  and propose a solution;
  2° conduct mediation to facilitate the amicable resolution of disputes that are the subject of a complaint as referred to in 1°, it being understood that no prejudice is caused to the competences that Articles 58, 8° and 9°, 64bis and 64ter of the Law of 10 April 1971 on work accidents attribute to the Work Accident Fund regarding mediation, control of compensation, and social assistance to victims; [4 3° rule on questions relating to the application of the "consumers" component of the codes of conduct of insurance companies, insurance intermediaries, and ancillary insurance intermediaries; 4° formulate opinions and recommendations within the framework of its missions, also addressed to insurance companies, insurance intermediaries, and ancillary insurance intermediaries individually.]4 [6 § 2/1. The insurance ombudsman service determines its procedural rules in accordance with the provisions of Title 4 of Book XVI of the Economic Law Code. Except for disputes with Datassur for which the Insurance Ombudsman Service intervenes as an appellate body, only the grounds for refusal of processing referred to in Article XVI.25, § 1, 7°, b), to h), of the Economic Law Code may be set by the Financial Mediation Service in its procedural rules.]6 [5 [6 § 2/2.]6 As soon as the insurance ombudsman service has received a complete request for extrajudicial settlement of a complaint, the limitation periods referred to in Article 88 are suspended. The suspension runs until the day when the insurance ombudsman service communicates to the parties:
  1° that the processing of the request is refused; or 2° the result of the amicable settlement.
  As soon as the insurance company, the insurance intermediary, or the ancillary insurance intermediary is informed that the insurance ombudsman service has received a complete request for extrajudicial settlement of a complaint, the recovery procedure introduced by the concerned insurance company, insurance intermediary, or ancillary insurance intermediary is suspended, until the day referred to in paragraph 2. [6 § 2/3.]6 The insurance company, the insurance intermediary, or the ancillary insurance intermediary responds to any request for information it receives from the insurance ombudsman service within the framework of the extrajudicial settlement of a complaint. In the event of no response within a reasonable time and upon prior communication of the list of documents to which it wishes to have access, the insurance ombudsman service may, in order to exercise its statutory mission, within the framework of a request submitted to it, inspect on site the books, correspondence, reports, and, generally, all documents and writings of the concerned insurance company, insurance intermediary, or ancillary insurance intermediary, which have a direct relation to the object of the request. It may ask for all useful explanations and information from the directors, agents, and employees of the concerned insurance company, insurance intermediary, or ancillary insurance intermediary, and carry out all useful checks for the investigation. The insurance ombudsman service may be assisted by experts. The reasonable time referred to in paragraph 2 must be at least five working days.]5 § 3. Within the insurance ombudsman service, a supervisory council is established. It consists of a representative of insurance companies, a representative of insurance intermediaries, two representatives of consumers, a representative of the FSMA, a representative of the Minister and the SPF Economy, SMEs, Self-Employed and Energy, and an independent insurance expert. [1 The representatives and the independent expert are appointed by the Minister for a term of six years. The Minister also designates a substitute for each representative and for the independent expert.]1 The missions of the supervisory council are as follows:
  1° formulate opinions for the board of directors of the ombudsman service regarding the organization and functioning of the ombudsman service; 2° exercise general supervision over the independence and impartiality of the ombudsman service; 3° annually report to the King on the functioning of the ombudsman service; 4° [1 exercise general supervision over the specific cell ensuring the secretariat of the Pricing Monitoring Office referred to in Article 217, § 5.]1). § 4. The King may, by decree deliberated in the Council of Ministers, taken on the advice of the FSMA, clarify the provisions of the preceding paragraphs and determine in particular the following elements:
• the type of complaints and disputes that can be submitted to the ombudsman service;
• the composition of the bodies and the functioning of the ombudsman service;
• the conditions for affiliation to the ombudsman service; the King may also charge the FSMA with collecting requests for and withdrawals of affiliation and informing the ombudsman service thereof;
• [4 the financing modalities of the ombudsman service; financing is carried out by all Belgian insurance companies and all foreign insurance companies conducting insurance activities in Belgium, and by insurance intermediaries, ancillary insurance intermediaries, and reinsurance intermediaries authorized to conduct an activity of distribution of insurance or reinsurance in Belgium, whether or not through the professional association to which they have affiliated; the King may also regulate the payment modalities of the contributions and charge the FSMA with the collection of these contributions;]4
• the procedure to follow and the deadline within which the opinion must be rendered or the mediation take place;
• the form in which the opinion or the intervention of the mediator must, if necessary, be made public;
• the modalities and content of the annual report.

---

(1)<L 2015-10-26/06, art. 95, 003; Effective: 09-11-2015> (2)<L 2016-03-13/07, art. 731, 004; Effective: 23-03-2016; see also art. 756> (3)<L 2018-12-06/11, art. 23, 015; Effective: 28-12-2018> (4)<L 2018-12-06/11, art. 38, 015; Effective: 28-12-2018> (5)<L 2024-05-03/21, art. 75, 032; Effective: 10-06-2024> (6)<L 2025-12-11/13, art. 146, 039; Effective: 03-01-2026>

Art. 323.[1 Former Art. 303]1 The FSMA may request the insurance ombudsman service for the information necessary to carry out its statutory missions. The FSMA determines the content of the desired information as well as the method and form according to which this information must be provided. The SPF Economy, SMEs, Self-Employed and Energy may, based on the annual report of the ombudsman service, obtain additional information from the insurance ombudsman service, whenever the Federal Public Service deems it necessary to develop legislative or regulatory initiatives. ---------- (1)<L 2018-12-06/11, art. 23, 015; Effective: 28-12-2018>

PART 8. - PENAL PROVISIONS

Art. 324.[1 Former Art. 324]1 Insurance intermediaries who have intervened in the subscription of an insurance contract in violation of [2 Article 266, paragraph 1, 6°]2 are punishable by imprisonment of one month to five years and a fine of 1,000 to 10,000 euros or one of these penalties only. ---------- (1)<L 2018-12-06/11, art. 39, 015; Effective: 28-12-2018> (2)<L 2018-12-06/11, art. 40, 015; Effective: 28-12-2018>

Art. 325.[1 Former Art. 305]1 Directors, persons in charge of effective management, managers, or agents of an insurer who knowingly and voluntarily make inaccurate declarations to the FSMA, its personnel members, or persons mandated by it, or who refuse to provide the information requested in execution of this Law or its implementing decrees and regulations, are punishable by imprisonment of one month to five years and a fine of 1,000 to 10,000 euros or one of these penalties only. The same penalties apply to directors, persons in charge of effective management, auditors, managers, or agents of an insurer who have not complied with the obligations imposed on them by this Law or its implementing decrees and regulations. ---------- (1)<L 2018-12-06/11, art. 39, 015; Effective: 28-12-2018>

Art. 326.[1 Former Art. 306]1 All savings, capitalization, or insurance operations involving the accumulation of sums to be distributed among interested parties, either by lottery or by the effect of a stipulation of exclusive survival without any mathematically determined engagement based on individual contributions or participations, are assimilated to lotteries and subject to the penalties provided for in Articles 302 and 303 of the Penal Code. ---------- (1)<L 2018-12-06/11, art. 39, 015; Effective: 28-12-2018>

Art. 327.[1 Former Art. 307]1 The following are punishable by imprisonment of one month to five years and a fine of 1,000 to 10,000 euros or one of these penalties only:
1° those who, in the capacity of insurer or agent of an insurer, attempt to conclude or conclude contracts null under Articles 97 or 159; 2° those who, in the capacity of insurance intermediaries, intervene in the conclusion of such contracts; 3° those who, in the capacity of insurer or agent of an insurer, do not respect the provisions provided for in Articles 213 to 217. ---------- (1)<L 2018-12-06/11, art. 39, 015; Effective: 28-12-2018>

Art. 328. [Former Art. 308] § 1. Without prejudice to the application of more severe penalties provided for by the Penal Code, anyone who, with fraudulent intent:

• exercises the activity of insurance or reinsurance intermediary without being registered in accordance with the provisions of article 259;
• does not comply with the provisions of article 263;
• instructs a worker to offer insurance for sale when that worker does not meet the conditions set out in Part 6;
• accepts insurance contracts presented by an unregistered insurance or reinsurance intermediary;
• offers an agency contract to an unregistered insurance or reinsurance intermediary;
• fails to communicate to the FSMA the cessation or termination of the contract referred to in article 266, first paragraph, 4°;
• [omitted];
• fails to communicate to the FSMA modifications to the information forming part of their registration file in execution of the provisions of Part 6, Chapter 2,
  shall be punished by imprisonment of eight days to three months and a fine of 200 to 2,000 euros or by one of these penalties only.

Persons convicted of any of the above offenses may be subject to the permanent or temporary closure of part or all of the premises used for the exercise of the insurance or reinsurance intermediary activity.

If these offenses are due to negligence, they shall be punished by a fine of 1 to 25 euros.

§ 2. Any person who refuses to provide the information and documents requested by the FSMA to enable it to control the application of the provisions of Part 6, who opposes investigation measures, or who makes a false declaration, shall be punished by imprisonment of eight to fifteen days and a fine of 26 to 1,000 euros or by one of these penalties only.

§ 3. Any information regarding an offense under this law or under any of the provisions referred to in article 20 of the Law of 25 April 2014, against an insurance or reinsurance intermediary, an effective manager of such an intermediary, or a distribution manager at such an intermediary or at a regulated company, within the meaning of this law, and any information regarding an offense under this law against any other natural or legal person, must be brought to the attention of the FSMA by the judicial authority seized of the matter.

Any criminal action regarding the offenses referred to in the first paragraph must be brought to the attention of the FSMA at the instigation of the public prosecutor.

(1) L [2015-10-26/06], art. 96, 003; Effective: 09-11-2015 (3) L [2018-12-06/11], art. 39, 015; Effective: 28-12-2018 (3) L [2018-12-06/11], art. 41, 015; Effective: 28-12-2018

Art. 329. [Former Art. 309] All the provisions of Book 1 of the Penal Code, without exception of Chapter VII and article 85, are applicable to the offenses provided for by this law.

(1) L [2018-12-06/11], art. 39, 015; Effective: 28-12-2018

Art. 330. [Former Art. 310] Insurers are civilly liable for the fines to which their directors, commissioners, managers, or agents are sentenced, in application of the preceding provisions.

(1) L [2018-12-06/11], art. 39, 015; Effective: 28-12-2018

PART 9. - PROVISIONS OF A DIVERSE NATURE

TITLE 1. - Transitional Provisions

Art. 331. [Former Art. 311] § 1. [omitted]

§ 2. Articles 44, 50 and 51 apply immediately to contracts offered and/or concluded after the date of entry into force of this law. For insurance contracts that were subscribed before the date of entry into force of this law, these articles apply from the modification and/or renewal of these contracts and at the latest on the first day of the 13th month following the date of entry into force of this law.

§ 3. Subject to paragraph 4 and except for Chapter 5 of Title IV of Part 4, the provisions of Parts 4 and 5 of this law are applicable to both contracts concluded on or after the date of entry into force of this law and to contracts concluded previously that are still in force on that date.

§ 4. If the event giving rise to the recourse action referred to in article 88 occurred before the date of entry into force of this law, article 89, § 1, is applicable to the limitation period of the recourse action only insofar as the limitation period running under article 35, § 1, in conjunction with article 34 of the Law of 25 June 1992 on the land insurance contract, has not yet expired on the date of entry into force of this law.

If the event giving rise to the recourse action referred to in article 256 occurred before the date of entry into force of this law, article 256, second sentence, is applicable to the limitation period of the recourse action only insofar as the limitation period running under article 32 of the Law of 11 June 1874 containing titles X and XI of the Commercial Code has not yet expired on the date of entry into force of this law.

§ 5. Insurance intermediaries who, on 30 April 2014, were registered in the register of insurance intermediaries kept by the FSMA under article 259, § 1, or in the register of insurance intermediaries kept by the OCM, under article 259, § 3, must, to maintain their registration, comply with article 266, first paragraph, 1°, at the latest by 1 May 2015.

§ 6. Insurers shall formally adapt insurance contracts and other insurance documents to the provisions of this law at the latest on the first day of the 13th month following that of the publication of the law. Until this date, existing and new insurance contracts may not be formally compliant with the provisions of this law.

As long as insurance contracts and other insurance documents have not been adapted in accordance with the first paragraph of this paragraph, the clauses of these documents that refer to provisions of the Law of 9 July 1975 on the control of insurance companies, the Law of 25 June 1992 on the land insurance contract, the Law of 11 June 1874 containing titles X and XI, Book 1, of the Commercial Code and the Law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance, are presumed to refer to the equivalent provisions of this law.

(1) L [2016-06-29/01], art. 84, 005; Effective: 16-07-2016 (2) L [2018-12-06/11], art. 42, 015; Effective: 28-12-2018 (3) L [2018-12-06/11], art. 43, 015; Effective: 28-12-2018

Art. 332. [Former Art. 312] Articles 333 to 335 are applicable to insurance contracts relating to risks located in the EEA Member States that fall under the "non-life" activity group and which were concluded before the date of 17 December 2009, as mentioned in article 28 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

These provisions are also applicable to insurance contracts relating to risks located in the EEA Member States that fall under the "non-life" activity group and which do not fall within the scope of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

(1) L [2018-12-06/11], art. 42, 015; Effective: 28-12-2018 (2) L [2018-12-06/11], art. 44, 015; Effective: 28-12-2018

Art. 333. [Former Art. 313] § 1. Notwithstanding any contrary clause, when the contract relates to risks located in Belgium and the policyholder has their habitual residence or central administration there, Belgian law applies.

By way of derogation from the first paragraph, when the contract relates to risks located in Belgium and the policyholder does not have their habitual residence or central administration there, the parties to the insurance contract may choose to apply either Belgian law or the law of the country where the policyholder has their habitual residence or central administration.

§ 2. When the contract relates to risks located in an EEA Member State other than Belgium, and the parties have not chosen the applicable law, the contract is governed by the law of the Member State where the risk is located.

§ 3. When the policyholder exercises a commercial, industrial or liberal profession and the contract covers two or more risks relating to these activities located in Belgium and in one or more other EEA Member States, the parties to the contract may choose the laws of the Member States where these risks are located or that of the country where the policyholder has their habitual residence or central administration.

§ 4. Notwithstanding paragraph 1, second paragraph, and paragraphs 2 and 3, when the Member States referred to in these paragraphs grant greater freedom of choice of the applicable law to the contract, the parties may avail themselves of this freedom.

§ 5. Notwithstanding paragraphs 1, 2 and 3, when the contract relates to risks located in Belgium but these risks are limited to losses that may occur in another EEA Member State, the parties to the contract may choose the law of that State.

§ 6. For large risks, the parties to the contract have free choice of the applicable law.

In this case, the choice by the parties of a law other than Belgian law cannot, when all elements of the contract are located on the territory of Belgium at the time of this choice, affect the mandatory provisions of Belgian law.

§ 7. The choice referred to in paragraph 1, second paragraph, and paragraphs 2 to 6 must be express or result clearly from the clauses of the contract or the circumstances of the case. If this is not the case or if no choice has been made, the contract is governed by the law of the Member State, among those Member States coming into play under paragraph 1, second paragraph, and paragraphs 2 to 6, with which it has the closest connection.

If a part of the contract is severable from the rest of the contract and has a closer connection with another of the Member States coming into play in accordance with the aforementioned paragraphs, the law of that other Member State may be applied to that part of the contract.

It is presumed that the contract has the closest connection with the Member State where the risk is located.

§ 8. When a Member State comprises several territorial units each of which has its own rules of law in respect of contractual obligations, each unit is considered a State for the purposes of identifying the applicable law under articles 333 to 335.

(1) L [2018-12-06/11], art. 42, 015; Effective: 28-12-2018 (2) L [2018-12-06/11], art. 45, 015; Effective: 28-12-2018

Art. 334. [Former Art. 314] § 1. If the Belgian judge is seized, the provisions of article 333 cannot affect the application of the rules of Belgian law that govern the situation mandatorily, regardless of the law applicable to the contract.

Mandatory provisions of the law of the Member State where the risk is located or of a Member State that imposes the obligation to insure may be given effect if, and to the extent that, under the law of that Member State, these provisions are applicable regardless of the law governing the contract.

§ 2. The mandatory provisions of Belgian law are applicable regardless of the law chosen by the parties when the risk is located in Belgium or when Belgium imposes the obligation to insure.

§ 3. When the contract covers risks located in more than one Member State, the contract is considered, for the application of this article, as comprising several contracts each of which would relate only to a single Member State.

(1) L [2018-12-06/11], art. 42, 015; Effective: 28-12-2018 (2) L [2018-12-06/11], art. 46, 015; Effective: 28-12-2018

Art. 335. [Former Art. 315] When, in the case of compulsory insurance, there is a contradiction between the law of the Member State where the risk is located and that of the Member State that imposes the obligation to take out insurance, the latter prevails.

(1) L [2018-12-06/11], art. 42, 015; Effective: 28-12-2018

Art. 336. [Former Art. 316] Articles 25, 27 and 333 to 335 are not applicable to contracts concluded before the date of entry into force of article 16 of the Royal Decree of 22 February 1991 modifying the Law of 9 July 1975 on the control of insurance companies.

(1) L [2018-12-06/11], art. 42, 015; Effective: 28-12-2018 (2) L [2018-12-06/11], art. 47, 015; Effective: 28-12-2018

Art. 337. [Former Art. 317] Articles 318 and 319 are applicable to insurance contracts relating to commitments located in the EEA Member States that fall under the "life" activity group and which were concluded before the date of 17 December 2009, as mentioned in article 28 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

These provisions are also applicable to insurance contracts relating to risks located in the EEA Member States that fall under the "life" activity group and which do not fall within the scope of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

(1) L [2018-12-06/11], art. 42, 015; Effective: 28-12-2018

Art. 338. [Former Art. 318] § 1. Notwithstanding any contrary clause, when the contract relates to commitments located in Belgium, Belgian law applies.

By way of derogation from the first paragraph, when the policyholder is a natural person who has their habitual residence in Belgium but is a national of an EEA Member State other than Belgium, the parties may choose to apply the law of that Member State.

§ 2. When the contract relates to commitments located in an EEA Member State other than Belgium, and the parties have not chosen the applicable law, the contract is governed by the law of the Member State where the commitment is located.

§ 3. When a Member State comprises several territorial units each of which has its own rules of law in respect of contractual obligations, each unit is considered a State for the purposes of identifying the applicable law under articles 338 and 339.

(1) L [2018-12-06/11], art. 42, 015; Effective: 28-12-2018 (2) L [2018-12-06/11], art. 48, 015; Effective: 28-12-2018

Art. 339. [Former Art. 319] § 1. If the Belgian judge is seized, the provisions of article 338 cannot affect the application of the rules of Belgian law that govern the situation mandatorily, regardless of the law applicable to the contract. Mandatory provisions of the law of the Member State where the commitment is located may be given effect if, and to the extent that, under the law of that Member State, these provisions are applicable regardless of the law governing the contract.

§ 2. The mandatory provisions of Belgian law are applicable regardless of the law chosen by the parties when the commitment is located in Belgium.

(1) L [2018-12-06/11], art. 42, 015; Effective: 28-12-2018 (2) L [2018-12-06/11], art. 49, 015; Effective: 28-12-2018

TITLE II. - Implementing Decrees

Art. 340. [Former Art. 320] The King shall, on the advice of the FSMA, take the decrees necessary for the implementation of this law.

The Minister may set the deadlines within which the FSMA must give its advice. In case of non-compliance with these deadlines, the advice in question is no longer required.

(1) L [2018-12-06/11], art. 42, 015; Effective: 28-12-2018

Art. 341. [Former Art. 321] § 1. Royal Decrees deliberated in the Council of Ministers and implementing article 4, § 4, are taken on the joint proposal of the Minister of Justice, the Minister and the Minister of Social Affairs.

§ 2. Royal Decrees taken in implementation of Part 4 are taken on the joint proposal of the Minister of Justice and the Minister.

However, Royal Decrees taken in implementation of articles 62, 98, 159, 167, 178 to 180 and 199 shall be taken on the sole proposal of the Minister.

Royal Decrees taken in implementation of articles 212 to 224 shall be taken on the joint proposal of the Minister and the Minister of Public Health.

§ 3. The King exercises the powers conferred upon him by the provisions of Part 6 on the joint proposal of the Minister and the Minister of Self-Employment.

(1) L [2018-12-06/11], art. 42, 015; Effective: 28-12-2018

[Art. 342]. [342].[1] Old Art. 322]1 § 1. The Insurance Commission, referred to in Part 7, Title IV, is competent to issue opinions concerning the decrees to be taken in execution of Article 4, Titles I and II of Part 2, Titles I and II of Part 3, Chapter 1 of Title III of Part 3, and Part 6. The consultation of the Insurance Commission is not required for what concerns the rules to be fixed by the King in application of Article 4, § 4, and of [Article 266, first paragraph, 10°]2. § 2. The Insurance Commission is also competent to issue opinions on the modifications made to the implementing decrees taken by virtue of Article 212, § 1, as well as on the possible repeal or replacement of these implementing decrees. ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018> (2)<L 2018-12-06/11, art. 50, 015; En vigueur : 28-12-2018>

TITLE III. - Amending Provisions

Modifications of the law of 9 July 1975 on the supervision of insurance companies [Art. 343].[1] Old Art. 323]1 In Article 21 of the law of 9 July 1975 on the supervision of insurance companies, the following modifications are made:
1° the first paragraph is replaced by the following:
"§ 1. The Bank determines the information that insurance companies are required to provide to it to enable it to verify whether these companies comply with the legal and regulatory provisions applicable to them and which fall within the Bank's area of competence. The Bank also determines the frequency and the methods of transmission of this information."; 2° the third paragraph of the first bis paragraph is replaced by the following:
"At the simple request of the Bank, the insurance companies referred to in Article 2, § 1, are required to provide all information and deliver all documents necessary for the execution of its mission."; 3° the fourth paragraph of the first bis paragraph is replaced by the following:
"The Bank may, at the headquarters of the companies or their branches, agencies and offices in Belgium, review all books, accounting documents, prospectuses and other documents, as well as conduct all investigations relating to the financial situation and activities of these companies."; 4° the fifth paragraph of the first bis paragraph is replaced by the following:
"The Bank may, with prior information of the competent authorities of that State, conduct inspections referred to in the fourth paragraph at the branches of Belgian companies established in another Member State. It may, likewise, request the competent authorities of the Member State of the branch to conduct these inspections on its behalf."; 5° the sixth paragraph of the first bis paragraph is replaced by the following:
"Insurance agents, brokers or intermediaries are required to provide, at the simple request, to the Bank, for what concerns its area of competence, all information concerning the insurance contracts they hold."; 6° the seventh paragraph of the first bis paragraph is replaced by the following:
"The Bank may, for the execution of the preceding paragraphs, delegate members of its staff or independent experts mandated for this purpose, who report to it."; 7° in the first paragraph of the first ter paragraph, the words "the Bank and the FSMA, each within its area of competence, may" are replaced by the words "the Bank may"; 8° in the first paragraph of the first ter paragraph, third dash, the words "The Bank and the FSMA may" are replaced by the words "The Bank may"; 9° in the last paragraph of the first ter paragraph, the words "as well as the respect by this company of the commitments it has entered into with regard to policyholders or beneficiaries of insurance contracts" are deleted. ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 344].[1] Old Art. 324]1 In Article 21octies of the same law, the following modifications are made:
1° the first paragraph is replaced by the following:
"1. The Bank requires the withdrawal or reforming of contractual or advertising documents of which it finds that they are not in conformity with the provisions provided by or by virtue of the law. It informs the FSMA."; 2° in the second paragraph, second paragraph, the words "Article 138bis - 4, §§ 2 and 3, of the law of 25 June 1992 on the non-life insurance contract" are replaced by the words "Article 204, §§ 2 and 3, of the law of 4 April 2014 on insurance" and the words "Article 138bis - 2, of the law of 25 June 1992 on the non-life insurance contract" are replaced by the words "Article 202 of the law of 4 April 2014 on insurance.". ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 345].[1] Old Art. 325]1 In Article 22 of the same law, the following modifications are made:
1° in the first paragraph, first paragraph, the words "and to the FSMA" are deleted; 2° in the first paragraph, second paragraph, the words "The Bank and the FSMA may" are replaced by the words "The Bank may" and the words "they formulate" are replaced by the words "it formulates"; 3° in the first paragraph, fourth paragraph, the words "the FSMA and the Bank have declared" are replaced by the words "the Bank has declared"; 4° in the second paragraph, first paragraph, the words "and to the FSMA" are deleted; 5° in the second paragraph, second paragraph, the words "or the FSMA, each within its area of competence," are deleted. ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 346].[1] Old Art. 326]1 Article 28 of the same law is replaced by the following:
"Art. 28. When the competent authorities of another Member State in which a Belgian insurance company has established a branch or carries out activities under the free provision of services, notify the Bank that this company has infringed legal, regulatory or administrative provisions applicable in that Member State, the respect of which these authorities are charged with ensuring and which in Belgium fall within the Bank's area of competence, the Bank takes, as soon as possible, the most appropriate measures among those provided for in Articles 26 and 27 so that the company concerned puts an end to this irregular situation. It notifies the aforementioned authorities.". ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 347].[1] Old Art. 327]1 Article 69 of the same law is replaced by the following:
"Art. 69. At the request of the Bank, insurance companies must submit all information and provide all documents for the purpose of controlling compliance with general legal and regulatory provisions of interest that apply in Belgium to insurance companies and their activities and which fall within the Bank's area of competence. The information and documents referred to in this paragraph must be drafted in the language imposed by the law or decree. For the same purpose, the Bank may conduct on-site inspections in the Belgian branch or take a copy of any information in the possession of the insurance company, after having informed the competent authorities of the Member State of origin. For the same purpose, insurance agents, brokers or intermediaries are required to provide to the Bank, at the simple request, all information concerning insurance contracts relating to risks located in Belgium, which they hold. The Bank may, for the execution of the preceding three paragraphs, delegate members of its staff or independent experts mandated for this purpose, who report to it.". ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 348].[1] Old Art. 328]1 In Article 71 of the same law, the following modifications are made:
1° the first paragraph is replaced by the following:
"§ 1. When an insurance company does not comply with the legislative and regulatory provisions applicable in Belgium in the area of competence of the Bank, the latter puts the insurance company on notice to remedy, within the time limit it determines, the situation observed.
The Bank informs the FSMA of its intention to apply the preceding paragraph.
If, at the end of the aforementioned time limit, the situation has not been remedied, the Bank informs the competent authorities of the concerned Member State of origin.
In case of persistence of the breaches, the Bank may, after having informed the competent authorities of the Member State of origin, take appropriate measures to prevent new irregularities. The Bank may notably, if the circumstances so require, prohibit this insurance company from continuing to conclude insurance contracts relating to risks located in Belgium. The Bank may have the prohibition measure published, at the expense of the insurance company, in the newspapers and publications of its choice or in the places and during the duration it determines.
Article 26, § 2bis, is applicable.
The Bank informs the FSMA of the measures it has taken in application of the preceding paragraphs."; 2° the second paragraph is replaced by the following:
"§ 2. Without prejudice to the application of § 1, the Bank may, in case of urgency, take appropriate measures to prevent infringements of the rules applicable to insurance companies and which fall within its area of competence. The Bank may notably prevent insurance companies from continuing to conclude new contracts relating to Belgian risks. It may have the prohibition measure published, at the expense of the insurance company, in the newspapers and publications of its choice or in the places and during the duration it determines. The Bank immediately informs the FSMA and the competent authorities of the Member State of origin of the measures it has taken."; 3° in the fourth paragraph, the words "The FSMA and the Bank may" are replaced by the words "The Bank may". ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 349].[1] Old Art. 329]1 In Article 73/3 of the same law, the following modifications are made:
1° in the first paragraph, the sentence "The Bank and the FSMA may publish a notice in the Belgian Monitor and in two daily or periodical newspapers with regional distribution." is replaced by the sentence "Article 298 of the law of 4 April 2014 on insurance is applicable."; 2° the second paragraph is repealed. ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 350].[1] Old Art. 330]1 In Article 73/4 of the same law, the words "and the FSMA may" are replaced by the word "may".

(1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 351].[1] Old Art. 331]1 In Article 81 of the same law, the words "or the FSMA, as the case may be," are deleted.

(1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 352].[1] Old Art. 332]1 In Article 82, § 1, of the same law, the words "the FSMA or" and the words ", as the case may be, of the FSMA or" are deleted. ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 353].[1] Old Art. 333]1 In Article 30ter, § 3, of the law of 2 August 2002 on the supervision of the financial sector and financial services, inserted by the law of 30 July 2013, a 3° /1 is inserted drafted as follows:
"3° /1 provided that the King has made use of the authorization provided for in the first paragraph, second paragraph, 4°, with regard to insurance and reinsurance intermediaries, Article 273, § 3, of the law of 4 April 2014 on insurance;".

(1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 354].[1] Old Art. 334]1 Article 36, § 1, of the same law, modified by the Royal Decree of 3 March 2011 and the law of 30 July 2013, is completed by a paragraph drafted as follows:
"The FSMA may additionally order the person to whom it addresses an injunction in application of the first paragraph to suspend the marketing or certain forms of marketing of the financial product concerned on Belgian territory as long as the relevant legal or regulatory provisions are not respected. The injunction to suspend marketing may extend to marketing via all or part of the persons to whom the person to whom the FSMA's injunction is addressed, calls upon for the marketing of the product. The person to whom the injunction is addressed, is obliged to immediately communicate this suspension of marketing to all persons to whom it calls upon for the marketing of the financial product in question on Belgian territory and to whom the suspension of marketing extends. In the interest of users of financial products and services, the FSMA may make this decision public. The suspension of marketing is lifted by the FSMA when it is established that the relevant legal or regulatory provisions are now respected.". ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 355].[1] Old Art. 335]1 In Article 36bis, § 2, first paragraph, 1°, of the same law, the words "certain financial instruments, investment products or insurance products" are replaced by the words "certain categories of financial products". ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 356].[1] Old Art. 336]1 In Article 45, § 1, of the same law, replaced by the Royal Decree of 3 March 2011 and modified by the laws of 13 November 2011 and 30 July 2013, the following modifications are made:
1° in the first paragraph, 2°, e, the words "the law of 27 March 1995 on insurance and reinsurance intermediation and insurance distribution" are replaced by the words "the law of 4 April 2014 on insurance"; 2° in the first paragraph, 3°, the c. is replaced by the following:
"c. the law of 4 April 2014 on insurance, as well as its implementing decrees and regulations;"; 3° in the first paragraph, 3°, the e. is repealed; 4° the third paragraph is replaced by the following:
"By derogation from the first paragraph, the control of compliance with the rules referred to in the first paragraph, 3°, and § 2, by mutual societies referred to in Articles 43bis, § 5, and 70, §§ 6, 7 and 8, of the law of 6 August 1990 on mutual societies and national unions of mutual societies, falls within the competence of the Office for the Control of Mutual Societies and National Unions of Mutual Societies.". ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 357].[1] Old Art. 337]1 Article 4, § 1, of the law of 16 June 2006 on public offers of investment instruments and admissions of investment instruments for trading on regulated markets is completed by a 3° bis drafted as follows:
"3° bis the rights that allow making a financial type investment and that bear directly or indirectly on one or more movable assets or on an agricultural business, organized as an association, joint ownership or group of law or fact, and whose management, organized collectively, is entrusted to one or more persons acting professionally, unless these rights include unconditional, irrevocable and integral delivery of the assets in kind; The King may, by Royal Decree taken on the advice of the FSMA, extend or restrict the types of assets referred to in the first paragraph.". ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 358].[1] Old Art. 338]1 In Article 3 of the law of 31 July 2009 modifying the law of 27 March 1995 on insurance and reinsurance intermediation and insurance distribution and the law of 22 March 2006 on intermediation in banking services and investment services and distribution of financial instruments, the following modifications are made:
1° the a) is repealed;
2° the b) is repealed;
3° the d) is repealed;
4° the e) is repealed.

(1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 359].[1] Old Art. 339]1 Article 7 of the same law is repealed.

(1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 360].[1] Old Art. 340]1 Chapter 4 of the same law is repealed.

(1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 361].[1] Old Art. 341]1 Article 2 of the law of 21 January 2010 modifying the law of 25 June 1992 on the non-life insurance contract concerning insurance of the remaining balance for persons presenting an increased health risk is repealed. ---------- (1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 362].[1] Old Art. 342]1 Articles 4 to 17 of the same law are repealed.

(1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 363].[1] Old Art. 343]1 In Article 18 of the same law, the following modifications are made:
1° the first paragraph is repealed;
2° in the second paragraph, the word "However," is deleted.

(1)<L 2018-12-06/11, art. 42, 015; En vigueur : 28-12-2018>

[Art. 364].[1] Old Art. 344]1 In Article 4, § 1, second paragraph, of the law of 4 April 2014 on insurance, the word "and" is deleted and the words "270bis" are inserted between the words "last paragraph," and the words ", as well as to".

Art. 365. In Article 270 of the same law, the following amendments are made:
1° in paragraph 4, first subparagraph, point 2° is replaced by the following:
"2° holders of a certificate of secondary education who have passed an examination organized by or pursuant to a decree, by a representative professional organization, an insurance or reinsurance undertaking, an insurance or reinsurance intermediary, or a credit institution, and intended to verify possession of the said professional knowledge. The examination referred to in this provision must be approved by the FSMA. The FSMA may, by way of regulation, specify the rules to which the examinations organized must comply. The interested party must also provide proof of practical experience, the duration of which shall be fixed by Royal Decree but may not exceed two years. For reinsurance intermediaries, the duration of practical experience is fixed at five years."; 2° in paragraph 4, the third subparagraph is replaced by the following:
"Insurance and reinsurance undertakings, professional organizations, insurance or reinsurance intermediaries, and credit institutions shall communicate to the FSMA the content and conditions of the examination they organize in accordance with the first subparagraph, point 2°. The FSMA verifies whether the examinations organized meet the requirements laid down under this Article. It may, if necessary, withdraw its approval."; 3° paragraph 6 is replaced by the following:
"§ 6. Insurance undertakings and, where applicable, insurance and reinsurance intermediaries, are responsible for the sufficient basic knowledge fixed in paragraph 2 of the persons referred to in Article 259, second subparagraph, and in Article 260, second subparagraph. The possession of this basic knowledge is verified by an examination that must be approved by the FSMA in accordance with paragraph 4, third subparagraph."; 4° in paragraph 7, the words "and basic training" are deleted. ---------- (1) Law of 06-12-2018, art. 42, 015; Effective: 28-12-2018

Art. 366. In the same law, Article 270bis is inserted, drafted as follows:
"Art. 270bis. Insurance and reinsurance undertakings, professional organizations, insurance or reinsurance intermediaries, and credit institutions referred to in Article 270, § 4, third subparagraph, whose training program was approved by the FSMA before the date of entry into force of this Article, fixed by Royal Decree, are required to communicate to the FSMA the content and conditions of the examination they organize in accordance with Article 270, § 4, first subparagraph, 2°, no later than six months from the aforementioned date." ---------- (1) Law of 06-12-2018, art. 42, 015; Effective: 28-12-2018

TITLE IV. - Repealing Provisions

Art. 367. The following are repealed:

• Article 3, § 3, Article 9, § 1, first subparagraph, last sentence, Article 19, § 1, Article 19bis, Article 19ter, Article 20, Article 21, § 1bis, first and second subparagraphs, Article 21octies, § 2, third subparagraph, Articles 28ter to 28decies, Article 41, Article 65, Article 76, and Article 77 of the Law of 9 July 1975 on the supervision of insurance undertakings;
• The Law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance;
• Chapters II, III, and IV of Title I, Title II, Chapters I, III, IV, and V of Title III, Sections I, with the exception of Article 97, II, III, IV, and V of Chapter II of Title III, and Subsection II of Section VI of Chapter II of Title III of the Law of 25 June 1992 on the terrestrial insurance contract;
• The Law of 11 June 1874 containing Titles X and XI, Book I, of the Commercial Code. On insurance in general - On some terrestrial insurances in particular;
• Article 86ter, § 1, 5°, of the Law of 2 August 2002 on the supervision of the financial sector and financial services.

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(1) Law of 06-12-2018, art. 42, 015; Effective: 28-12-2018

TITLE V. - Other Provisions

Art. 368. § 1. Legal provisions not contrary to this Law, which refer to provisions of the Law of 9 July 1975 on the supervision of insurance undertakings, the Law of 25 June 1992 on the terrestrial insurance contract, the Law of 11 June 1874 containing Titles X and XI, Book I, of the Commercial Code, and the Law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance, are presumed to refer to the equivalent provisions of this Law. § 2. Regulatory provisions that have been taken in execution of the provisions of the Law of 9 July 1975 on the supervision of insurance undertakings, the Law of 25 June 1992 on the terrestrial insurance contract, the Law of 11 June 1874 containing Titles X and XI, Book I, of the Commercial Code, and the Law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance, incorporated into this Law, and which are not contrary to this Law, remain in force until their repeal or replacement by decrees taken in execution of this Law. § 3. Two years after the entry into force of this Law, the FSMA evaluates its application and functioning. For this purpose, it collects the opinion of the National Bank, the OCM, and the Insurance Commission. The FSMA may, on the basis of this evaluation, formulate recommendations to the Minister. ---------- (1) Law of 06-12-2018, art. 42, 015; Effective: 28-12-2018

Art. 369. By decree deliberated in the Council of Ministers, the King may, on the advice of the FSMA, take the necessary measures to ensure the transposition of mandatory provisions resulting from international treaties or international acts taken pursuant to them, in matters governed by the provisions of this Law. Decrees taken pursuant to this Article may modify, supplement, replace, or repeal existing legal provisions. Royal decrees referred to in this Article are automatically repealed if they have not been confirmed by law within twenty-four months following their publication in the Belgian Monitor. ---------- (1) Law of 06-12-2018, art. 42, 015; Effective: 28-12-2018

Art. 370. The following are confirmed with effect from their respective entry into force:

• The Royal Decree of 21 February 2014 on the modalities for applying Articles 27 to 28bis of the Law of 2 August 2002 on the supervision of the financial sector and financial services to the insurance sector;
• The Royal Decree of 21 February 2014 amending the Law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance.

(NOTE: By its judgment No. 89/2016 of 09-06-2016 (M.B. 01-08-2016, p. 46967), the Constitutional Court annulled this Article insofar as it confirms Article 4, 4°, of the Royal Decree of 21 February 2014 on the modalities for applying Articles 27 to 28bis of the Law of 2 August 2002 on the supervision of the financial sector and financial services to the insurance sector, and also annuls this Article insofar as it confirms Article 4, 10°, of the same Royal Decree, in that this Article does not allow the King to provide for different rules depending on whether it concerns professional clients or retail clients) ---------- (1) Law of 06-12-2018, art. 42, 015; Effective: 28-12-2018

Art. 371. Insurance intermediaries who, as of 30 April 2014, are registered in the register of insurance intermediaries kept by the OCM pursuant to Article 5, § 3, of the Law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance must, to maintain their registration, comply with Article 11, § 1, 1°, A, f), of the same Law, as amended by the Royal Decree of 21 February 2014 amending the Law of 27 March 1995 on insurance and reinsurance intermediation and the distribution of insurance, no later than 1 May 2015. ---------- (1) Law of 06-12-2018, art. 42, 015; Effective: 28-12-2018

TITLE VI. - Entry into Force

Art. 372. This Law enters into force on the first day of the month following the expiration of a period of six months starting the day after its publication in the Belgian Monitor, except for provisions whose entry into force date is fixed in accordance with Article 373.
By way of derogation from the first subparagraph, Articles 354 and 355 enter into force on the tenth day following the publication of this Law in the Belgian Monitor, Article 370 enters into force the day after the publication of this Law in the Belgian Monitor, and Article 371 enters into force on 30 April 2014.

(NOTE: By its judgment No. 89/2016 of 09-06-2016 (M.B. 01-08-2016, p. 46967), the Constitutional Court annulled this Article insofar as it brings Article 277 into force on a date prior to 1 May 2015, insofar as it brings into force before 1 May 2015 the new conduct rules inscribed in Articles 273, § 3, and 279, and insofar as it brings Article 350 into force before 1 May 2015, in that this Article confirms new conduct rules contained in the Royal Decrees of 21 February 2014 subject to the interpretation mentioned in B.9.4.4, rejects the appeal for the remainder.) ---------- (1) Law of 06-12-2018, art. 42, 015; Effective: 28-12-2018 (2) Law of 06-12-2018, art. 51, 015; Effective: 28-12-2018

Art. 373. § 1. The King fixes, within a period of twelve months starting the day of the publication of this Law in the Belgian Monitor, the date of entry into force of Chapter 5 entitled "Provisions specific to certain insurance contracts guaranteeing the repayment of the capital of a loan", which appears in Part 4, Title IV, or, where applicable, the date of entry into force of one or more articles of said Chapter. § 2. The King fixes the date of entry into force of Articles 364, 365, and 366.

(NOTE: Entry into force of Chapter 5, Title IV, Part 4, namely Articles 212 to 224 fixed at 10-06-2014 by RD 2014-04-10/76, art. 30) (NOTE: Entry into force of Articles 344, 345, and 346 fixed at 01-01-2015 by RD 2014-12-19/14, art. 1, first subparagraph) ---------- (1) Law of 06-12-2018, art. 42, 015; Effective: 28-12-2018 (2) Law of 06-12-2018, art. 52, 015; Effective: 28-12-2018

Parliamentary Works

Chamber of Representatives: (www.lachambre.be) Documents: 53-3361 - 2013/2014 Full transcript: 19 and 20 March 2014. Senate: (www.senate.be) Documents: 5-2767 - 2013/2014.

Signatures

We hereby promulgate this Law, order that it be sealed with the State Seal and published by the Belgian Monitor.
Given at Brussels, on 4 April 2014.
PHILIPPE
By the King:
The Minister of the Economy,
J. VANDE LANOTTE
Sealed with the State Seal:
The Minister of Justice,
Ms A. TURTELBOOM

Preamble

PHILIPPE, King of the Belgians,
To all, present and future, Greeting.
The Chambers have adopted and We sanction what follows:

Modification Sheet

• Law of 22-07-2026 published on 07-08-2026

Articles modified:
5; 303/1

• Law of 19-07-2026 published on 04-08-2026

Article modified: 57

• Law of 20-07-2026 published on 04-08-2026

Articles modified:
2; 61/1

• Law of 16-06-2026 published on 06-07-2026

Articles modified:
61/16; 61/17

• Law of 11-12-2025 published on 24-12-2025

Article modified: 322

• Law of 20-01-2025 published on 30-05-2025

Articles modified:
61/1; 61/1/1; 61/2; 61/8; 61/14; 61/15

• Law of 25-03-2025 published on 28-04-2025

Articles modified:
5; 297; 298; 301; 302; 303; 304; 306; 307; 311; 312; 314; 315; 316; 319

• Law of 07-02-2024 published on 01-07-2024

Article modified: 151

• Law of 03-05-2024 published on 31-05-2024

Articles modified:
22; 23; 85/2; 121; 121/1; 197/1; 267/2; 304; 311; 322

• Law of 21-04-2024 published on 16-05-2024

Articles modified:
5; 201/1

• Law of 17-03-2024 published on 02-04-2024

Articles modified:
73/1; 111/1; 121; 145/1:145/2; 145/3; 145/4; 145/5

• Law of 22-12-2023 published on 28-12-2023

Article modified: 130

• Law of 05-11-2023 published on 11-12-2023

Articles modified:
14; 73; 126; 131; 217

• Law of 09-10-2023 published on 18-10-2023

Articles modified:
84; 85; 85/1

• Law of 25-09-2022 published on 16-01-2023

Article modified: 321

• Law of 30-10-2022 published on 17-11-2022

Articles modified:
61/1; 61/2-61/7; 61/8-61/13

• Law of 28-04-2022 published on 01-07-2022

Articles modified:
139; 190; 246

• Law of 08-05-2022 published on 23-06-2022

Articles modified:
266; 267; 268; 275; 293; 301; 307; 310; 311; 312

• Law of 04-07-2021 published on 13-07-2021

Articles modified:
5; 297; 311; 312

• Law of 27-06-2021 published on 09-07-2021

Articles modified:
258; 304

Articles modified:
269; 270; 271/1; 297; 311

• Law of 10-12-2020 published on 15-01-2021

Articles modified:
46/1; 46/2; 46/3

• Law of 19-02-2020 published on 30-10-2020

Article modified: 164

• Law of 20-07-2020 published on 05-08-2020

Article modified: 266

• Law of 02-05-2019 published on 22-05-2019

Articles modified:
197/1; 197/2; 197/3; 217; 218; 221; 222; 224; 321

• Law of 13-04-2019 published on 14-05-2019

Article modified: 64

• Law of 22-04-2019 published on 30-04-2019

Article modified: 85

• Law of 04-04-2019 published on 18-04-2019

Article modified: 61/1-61/4

• Law of 03-04-2019 published on 10-04-2019

Articles modified:
5; 259; 263; 267/1; 266

• Law of 06-12-2018 published on 18-12-2018

Articles modified:
3; 4; 5; 16/1; 16/2; 20/2; 217; 257; 258-261bis; 262-272; 273-277; 278-296/2; 280-303; 298-323; 297; 304-310; 324-330: 311-353; 331-373

• Law of 20-09-2018 published on 10-10-2018

Articles modified:
257 ; 275

• Law of 30-07-2018 published on 05-09-2018

Articles modified:
48; 51

• Royal Decree of 13-12-2017 published on 28-12-2017

Article modified: 301

• Law of 05-12-2017 published on 18-12-2017

Article modified: 267

• Law of 18-09-2017 published on 06-10-2017

Articles modified:
268; 270

• Law of 31-07-2017 published on 01-09-2017

Article modified: 188

• Law of 09-04-2017 published on 25-04-2017

Article modified: 156

• Law of 18-04-2017 published on 24-04-2017

Articles modified:
5; 20; 30; 129; 204; 267; 268; 269; 292/1

• Law of 25-10-2016 published on 18-11-2016

Article modified: 5

• Constitutional Court Judgment of 09-06-2016 published on 01-08-2016

Articles modified:
350; 352

• Law of 29-06-2016 published on 06-07-2016

Articles modified:
4; 5; 16; 16/1; 16/2; 19; 20/2; 30; 48; 49; 152; 211; 284; 286/1; 291; 292; 311

• Law of 13-03-2016 published on 23-03-2016

Articles modified:
5; 7; 17; 18; 22; 33; 34; 41; 204; 267; 297; 302

• Law of 26-10-2015 published on 30-10-2015

Articles modified:
5; 20; 43; 57; 68; 204; 217; 246; 261bis; 268; 269; 270; 293; 302; 308

• Law of 04-04-2014 published on 30-04-2014

Articles modified:
4; 270; 270bis

Links

https://www.ejustice.just.fgov.be/eli/loi/2014/04/04/2014011239/justel Image of the official publication Consolidated PDF version

External Links

Council of State The Chamber of Representatives The Senate of Belgium