As of 1 November 2015,
lenders and credit intermediaries
are required to have a permit

As of 1 November 2015, no one in Belgium is allowed to
exercise the activity of lender or credit
intermediary without
an authorisation from or a registration by the Financial
Services and Markets Authority (hereinafter ‘FSMA’).

Lenders need an authorisation while intermediaries (in both mortgage and consumer credit) have to be registered in advance with the appropriate register kept by the FSMA.

The statute for lenders and credit intermediaries is expressly governed by Articles VII. 158 to 188 of the Code of Economic law. The entry into force of these provisions was initially planned on 1 July 2015 but was afterwards postponed by a Royal decree of 28 June 2015, second edition, to 1 November 2015.

New lenders and credit intermediaries are allowed to submit their application starting on 2 November 2015 via an online application of the FSMA.

Existing creditors and credit intermediaries benefit from a transitional regime for a period of 18 months.

They have until 30 April 2017 to submit their files.

A provisional permit allowing them to bridge this transition period and to continue their activities from 1 November 2015, will be granted to the existing creditors and credit intermediaries.

The FSMA has developed an informational website (www.mcc-info.fsma.be (Dutch and French)) which is only accessible via the website of the FSMA.

On this website you will find frequently asked questions and an explanation of the conditions and procedures for registration and authorisation, using themes, keywords and videos.

This website also contains the list of lenders in mortgage and in consumer credit that have received provisional authorisation and the list of the registered credit intermediaries.

02 November 2015

Soraya El Khounchar - soraya.el.khounchar@peeters-law.be
Pieter Dierckx - pieter.dierckx@peeters-law.be


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