Projet de loi modifiant notamment, en matière de procédures d'insolvabilité, la loi du 22 mars 1993 relative au statut et au contrôle des établissements de crédit et la loi du 9 juillet 1975 relative au contrôle des entreprises d'assurances.
General information ¶
- Submitted by
- PS | SP MR Open Vld Vooruit Purple Ⅰ
- Submission date
- May 25, 2004
- Official page
- Visit
- Status
- Adopted
- Requirement
- Simple
- Subjects
- EC Directive administrative check financial institution credit institution liquidation insurance company
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Discussion ¶
July 1, 2004 | Plenary session (Chamber of representatives)
Full source
Rapporteur Annemie Roppe ⚙
Mr. Speaker, Mr. Minister, Colleagues, it is a genuine pleasure to report here on the draft law in particular amending, concerning insolvency proceedings, the Act of 22 March 1993 on the statute and supervision of credit institutions and the Law of 9 July 1975 on the audit of insurance undertakings.
This draft was discussed in the Committee on Finance on 15 and 22 June 2004. Once again we have been able to conclude that the smoothness of the design is not proportionate to the length of the discussion on it. It is therefore a draft law submitted by the Government pursuant to a regulation of 29 May 2000 and two directives of 19 March 2001 and 4 April 2001 on the same subject.
Although both directives pursue the same objective as the Regulation, they follow a different approach, in which the rules on jurisdiction and legislative jurisdiction are uniformed by the Member State of origin in order to grant exclusive jurisdiction in this area and therefore to recognise the measures and procedures introduced in accordance with its legislation. The directives thus confirm the principles of unity and universality for the banking and insurance sectors.
Since the purpose and content of the directives are identical, it was decided to draw up 1 bill for the credit institutions and the insurance undertakings. In fact, the rules prescribed by both directives are similar after a small number of exceptions, such as the substantive rule which grants a specific protection to creditors on the basis of insurance.
I would like to spare this meeting the more technical aspects that are clearly and clearly covered in the report.
No comments were made on Articles 1 to 27. Only on Article 28 the Government itself has submitted an amendment on the entry into force. The draft was adopted with 11 votes and 2 abstentions.