How is the oath taken before a credit institution or a banking and investment services agent?

In the case of a credit institution governed by Belgian law, the banker’s oath is taken before a senior manager of the institution. If the credit institution is governed by foreign law, the oath is taken before a manager of the institution’s Belgian branch. 

In the case of banking and investment services agents, the oath is taken before a senior manager of the agent. 

Each Entity defines the organizational arrangements of the oath-taking. Several people may simultaneously take the oath before the manager concerned. However, particular attention must be paid to the solemn character of the oath-taking, and to complying with the 6-month time limit granted to banking service providers to take the oath.

The taking of the oath must be confirmed in writing by the (senior) manager before whom the oath was taken. The Entity keeps this certificate, gives a copy to the banking service provider and makes it available to the FSMA on request. 

The FSMA provides the sector with oath-taking model certificates on its website (available in Dutch and French only).