belgiquelex.be - Carrefour Bank of Legislation 2 NOVEMBER 2010. - Law relating to the participation of the Belgian State in the anonymous company "European Financial Stability Facility" and to the granting of the guarantee of the State to the financial instruments issued by this company
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1
er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act and its enforcement orders, it is understood by:
1° EFSF SA: the anonymous Luxembourg law company European Financial Stability Facility constituted on 7 June 2010 intended to provide financing, in the form of loans or credit lines, to the member states of the euro zone who are in financial difficulty. For the purposes of this funding, the corporation may raise funds through the issuance of financial instruments;
2nd Framework Agreement: the Agreement of 7 June 2010 between the Member States of the Euro Area and the EFSF SA covering, inter alia, the terms and conditions for granting loans by EFSF SA and the terms and conditions for financing such loans through the issuance of financial instruments by EFSF SA, the structure of the guarantee of the Member States of the euro zone attached to these financial instruments, as well as the rules governing the relations between these States,
3rd adjusted contribution key: the percentage of each Member State of the euro zone in the capital of the European Central Bank, adjusted according to the number of Member States of the euro zone participating in the award of the guarantee to the financial instruments issued by the EFSF SA, as challenged or in the framework agreement.
4° Financial instrument: any debt title issued by the EFSF SA regardless of maturity or name, as well as any funding agreement entered into by the EFSF SA.
Art. 3. The King is authorized on behalf of the Belgian State to:
1° acquire shares of the EFSF SA representative of its capital subscribes to the amount of 1.077.40 euros;
2° to participate in the authorized capital of the EFSF SA up to the amount of 1.042.648.46 euros according to the conditions and modalities specified in the statutes of the company;
3° assign shares of the EFSF SA according to the conditions and modalities specified in the statutes of the company.
Art. 4. The State irrevocably and unconditionally guarantees the payment of all amounts due by the EFSF SA related to the issuance of financial instruments, in accordance with the terms and conditions specified in the framework agreement.
The contribution of the State by issue is equal to the product of (i) the adjusted contribution key of the Belgian State (ii) 120 % and (iii) the amounts due for the issue concerned, by the EFSF SA.
The maximum commitment of the State for the guarantee attached to all financial instruments issued by the EFSF SA is 15.292.180.000 euros.
Art. 5. As part of a diversified financing strategy for the EFSF SA, the King may, by order deliberately in the Council of Ministers, authorize the Minister of Finance to perform at the request of the EFSF SA and on behalf of the King, any financial management operation.
Art. 6. The King may, by order deliberately in the Council of Ministers, adapt the amounts provided for in Articles 3, 1 and 2 and 4, paragraph 3, within the limits provided for by the statutes of the EFSF SA and the framework agreement.
Royal orders under paragraph 1
er cease to produce their effects if they have not been confirmed by law within 12 months of their effective date. The retro confirmation acts on the envigueur date of the royal decrees.
Art. 7. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 2 November 2010.
ALBERT
By the King:
Minister of Finance,
D. REYNDERS
Seal of the state seal:
Minister of Justice,
S. DE CLERCK