2. What are the main sources of regulatory laws in your jurisdiction?
What are the main sources of regulatory laws in your jurisdiction?

Many relevant Belgian laws are derived from EU directives and regulations. Therefore, in many respects, Belgian domestic legislation and rules simply give effect to pan-European legal requirements.

However, many EU directives set only minimum standards and provide member states with a certain degree of discretion to impose stricter or more lenient obligations. Therefore, their implementation can vary across the EU. In some instances, Belgium and other EU jurisdictions have introduced domestic laws that exceed European-level requirements. 

EU rules have been implemented in various Belgian laws, such as the following:

  • The Financial Supervisory Act
  • The Anti-Money Laundering Act
  • The Banking Act
  • The Investment Firms Act
  • The Securities Act
  • The Collective Investment Undertakings Act
  • The Alternative Investment Fund Managers Act
  • The Financial Intermediaries Act
  • The Insurance Act
  • The Insurance and Reinsurance Undertakings Act
  • The Act on Financial Planning
  • The Payment Services Act
  • Belgium's Economic Law Code
  • Various other acts and royal decrees

Both the NBB and the FSMA issue various circulars and communications that apply to the firms they regulate. These rules and guidance are primarily applicable to Belgian-regulated or -supervised firms but are also relevant in certain respects to non-Belgian firms.