Setting up your own business
Steps to be taken
before starting up
@#
Contents
6
FOREWORD
8
FIRST, CHECK THAT YOUR PLANS ARE SOUND
8 The ING Business Plan
9 First stage: fill in your business plan
10 Second stage: from qualitative assumptions to hard figures
11 Get the right support
12
THE STATUTORY CONDITIONS FOR SETTING UP YOUR OWN BUSINESS
12 The minimum age
12 Your spouse’s agreement
12 The other legal obstacles
13
THE CHOICE OF LEGAL FORM
13 Private or legal person?
14 The choice of legal form for the company
20 How to decide the most appropriate legal form?
21
THE FORMALITIES FOR SETTING UP YOUR OWN BUSINESS
21 General formalities
26 Specific formalities
27
THE OBLIGATIONS TO BE MET IN SETTING UP YOUR OWN COMPANY
27 General obligatiefonds
27 Specific obligatiefonds
30
SUPPORT PROVIDED BY THE PUBLIC AUTHORITIES
30 Regional aid
30 The Participation Fund
3
Contents
32
HELP WITH LOAN FINANCING FROM ING
33 ING Business Line Starter
33 The Business Loan
34 Bridge Loan
34 Tax prepayments Loans
34 Holiday Pay and End-of-Year Bonus Loans
35 Financial Car Leasing
35 Bank Guarantees
36
HELP WITH INSURANCE FROM ING
36 Disability insurance
38 Life assurance
39 Pensions insurance
42
YOUR BANK, CLOSE AT BANK
42 Leading-edge technology
42 The e-banking facility
42 Off/On-line solutions
42 Banking at your convenience, even from abroad
42 Save time
43 Access to Phone’Bank
43 The text service
43 Depositing notes
44
YOUR ACCOUNTS
46
YOUR VAT RETURN
46 Exemption from VAT
46 Frequency of VAT returns
46 Information to be provided
47 The flat-rate VAT systeem
47 Payment of VAT
48
TAX ON YOUR BUSINESS
48 Tax payable by the self-employed
48 Tax payable by company directors
49 Losses
4
50
TAX PAYABLE BY A COMPANY
50 The items that make up the tax base for companies
50 Deductible items
50 Losses
50 The basic rate of tax
51 Special issues in relation to tax
52
OBLIGATIONS OF THE COMPANY IN ENGAGING STAFF
52 Registering for social security
52 Registration with a family allowances fund
52 Registration with a holiday pay fund
52 Joining an external accident prevention and
protection at work organisator
53 Setting up an internal accident prevention and
protection at work departement
53 Taking out insurance against industrial accident
53 Setting up a staff register and filing an
official employment notification
53 Processing of personal data
53 The mutual health insurance fund
54
CHANGES DURING THE LIFETIME OF A BUSINESS
61
CONCLUSION
62
APPENDICES
73
NOTES
5
Foreword
TAKING OVER A COMPANY, SETTING UP AS SELF-EMPLOYED,
opening one’s own office; all these call for major decisions
that require careful thought and preparation.
This brochure is a practical guide explaining the formalities
involved in putting your plans into action. We do not
pretend that our advice can substitute for that of your
accountants or experts. But we can place our know-how
and experience at the disposal of your new venture.
6
The first chapter helps you to assess the feasibi-
The closing chapters are devoted to accounts,
lity of your plans.
taxes and VAT. They also discuss the changes
The second chapter deals with the statutory
that your proposed business may undergo in
requirements that you must meet when you
the course of time.
launch a professional activity as a self-
We hope that this brochure will help you to
employed person.
consolidate and build on your plans. Our
The third chapter is devoted to the selection of
Starters Advisers are, of course, at your dispo-
a legal form for your company: a one-person
sal for any assistance that you may require and
business (as a private person) or a company (as
to guide you toward any specialists who may
a legal person). If you opt for a corporate form
able to answer the more complex issues that
(as a legal person), we can help you choose the
you may raise.
type of company that is best suited to your
plans.
This brochure was drawn up in August 2006.
Once you have made your choice, there are a
The information it contains comes from trust-
number of steps to be taken, described in
worthy sources but ING is not liable for its
Chapters 4 and 5, some which are common to
content.
both one-person businesses and companies
and other that relate solely
to companies.
Chapter 6 then sets out the support
and incentives available to you when
you set up your own business.
You will also be able to see how ING
can support you with this venture and
can suggest various forms of loans and
insurance.
7
What you most want in life is to have your own business
and to be able to make your own decisions about
your professional activities
First,
check that your plans are sound
Perhaps you have the opportunity to
take over an existing company,
possibly the company for which you
are currently working. Your head is
buzzing with ideas, plans and
ambitious prospects. Your mind is
constantly turning over what could
stop you, but you cannot see any
obstacles in the way.
There is no point in rushing in
headlong. This is a time to keep your
feet on the ground and work
through things systematically. Discuss
your plans with those around you to
get different perspectives and
suggestions. Their views may
sometimes seem a little daunting
because they are looking at your
plans from a greater distance. Their
comments may to some extent
dampen your initial enthusiasm.
Console yourself with the fact that
it’s better to sound out your ideas
now than to regret your decisions
and be sorry later.
In any event, you will always
encounter setbacks as an
entrepreneur. You will have your
share of disappointments and
challenges to face (and you know
that you cannot afford to make any
major mistakes). But you are not
afraid of challenges and your spirit of
independence means that they are
precisely what you seek
Whether you are setting up a new
8
business or taking over an existing
one, you need a business plan before
proceeding any further. While it is by
no means a “must”, it is nonetheless
important for any entrepreneur who
wishes to get to grips with a
business from the start. A good
business plan will make you aware of
the risks and opportunities in your
plans.
It brings you face to face with all
facets of the business, even with
those that are not exactly to your
liking. However, it is better to have a
clear idea and be forewarned. Tackle
this stage effectively and you will
have the situation under control,
even after you have launched your
business venture.
The business plan is also designed to
convince the outside world – e.g. the
bank – of the viability of your plans.
In most cases, it will also be required
for you to be able to obtain any
subsidies. As you can see, a business
plan is one of the milestones in
setting up a successful venture - a
well-informed entrepreneur punches
twice the weight!
The ING Business Plan
A business plan is a tool for
preparing for the major events in the
life of your business. It is a qualitative
and quantitative analysis of your
plans. The object of a business plan
is to establish a strategy for the
business. It will also help you to set
clear and precise objectives, to
assemble the necessary resources to
achieve your aims, to size up all the
inherent risks, to draw up an action
plan and to establish a benchmark
for your future staff.
It allows you to consider all aspects
of your venture, with the objectivity
you need. That is why we have
drawn up the ING Business Plan,
which will put you on the right track.
It will guide you step by step towards
realistic business and financial plans
for your venture. The programme
can be downloaded free of charge
from the site www.ing.be/starter.
The user manual is simple and
practical. The screens (a maximum of
sixty) automatically adjust to your
profile. You enter all your data into
the programme: the various stages
involved in the sales concept, the
presentation of your products and
services, the definition of your target
market, and an analysis of your
competitors and potential suppliers.
This is “translated” into financial
information. The ING Business Plan
converts all these data into a
provisional balance sheet and income
statement, a detailed monthly cash
flow statement, a tax calculation, a
calculation of your break-even point,
and profitability figures, and will
even present it in chart form.
All you have to do is print it all out.
You will then have a carefully
structured, comprehensive and
realistic summary document to
hand.
The ING Business Plan uses simple
terminology and is very easy to use.
If you nevertheless come across a
term that you do not know, just
click “Help” and the definition will
appear in the margin. At each stage,
a checklist allows you to make sure
you have not skipped one or other
important point. The “Memo”
screen lists the matters that still have
to be expanded on, the questions
that have still to be answered and
the persons and bodies that still
have to be contacted. Each time you
launch the programme, you can see
at a glance not only all the screens
that still have to be filled in but also
the ground that has already been
covered.
First stage:
fill in your business plan
The quality of your project is analysed
from every angle. Set out your
objectives clearly. The ING Business
Plan tackles the following subjects:
• The launch of a new business:
describe your project and explain
the reasons why you think it is
viable.
• From conception to finished
product: describe the steps to be
taken to achieve your product or
service.
• Products and services: highlight
characteristics and any potential
new applications. Explain why
your service or product stands out
from the competition. Bear in
mind that this description must
remain comprehensible to lay
people. If, for example, you create
a new product or service, you
should give a brief description of
its technical aspects and include a
full technical report in an appendix.
The technical report must not,
therefore, be incorporated into the
text of the business plan. Where
relevant, provide a description of
the production process, outlining
the equipment that will be
required (already purchased or to
be acquired).
• The customers: define your target
group and provide a detailed
estimate of the potential number
of customers for your project, and
the average turnover per customer
that could be achieved, based on
a survey, work experience or
competitor analysis. This should
allow you to base your estimated
annual turnover on a more sound
footing than just hopes and
assumptions.
• The competition: decide who your
direct and indirect competitors are
and try to list their strengths and
weaknesses.
• Suppliers: find out who your
suppliers are. Describe the type of
goods or services provided, the
terms and conditions of delivery
and, if applicable, any reductions
available.
• The site: describe the intended
location and the reasons for your
choice.
• Price and marketing: explain your
sales and marketing strategies.
• Organisation: describe the past
history, training and experience
of the head of the business and
members of its staff. Where
necessary, also describe the
external services or consultants
you can call in to help you.
• Your personal particulars: your
potential contacts will want to
know who you are and whether
you meet all the necessary
conditions for setting up your own
business. So provide them with
your personal details, your family
situation and your household
budget.
This plan is not a snapshot. It must
be constantly updated, based on
your results, to allow you to control
the development of your business
as effectively as possible. It will be
your scoreboard and will guide you
throughout your business life.
9
Second stage:
from qualitative assumptions
to hard figures
The second part of the ING Business
Plan is the financial plan. It will allow
you to translate your business plan
into figures. Although the ING
Business Plan will guide you step-bystep, the advice of a bookkeeper or
accountant could prove extremely
useful in supplementing the necessary
data. Under the financial plan, you
will put a certain number of targets
down on paper:
• Discounted income: you should
indicate not only the income
derived from sales but also other
financial revenues such as interest
on financial investments.
• Estimated costs: the costs of
running a business may perhaps be
higher than you imagine. The items
listed in the ING Business Plan
include the following: rent,
maintenance, insurance, staff
wages and transport.
• Balance sheet: estimate the balance
sheet items as accurately as
possible, such as new assets to be
acquired (means of production and
10
operation), the capital contribution,
stocks, liabilities and receivables.
• Liquid assets: your cash, namely the
financial resources at your
immediate disposal; this depends,
notably, on the number of days of
customer credit and the number of
days of trade credit on new
expenditure and overheads. What is
your minimum cash requirement
likely to be?
• VAT and taxes
• Long-term and short-term credit
requirements: if your cash flow
statement shows that your financial
resources are inadequate, this stage
may help you to simulate the
impact of any loan application.
When you have gone through the
above stages, the ING Business Plan
converts all this information into a
provisional balance sheet and income
statement, a detailed monthly cash
flow statement, a tax calculation, a
calculation of your break-even point,
and profitability figures, and will even
present it in charts.
You can now print out your business
plan and, if you wish, send it to an
ING Starters Adviser by e-mail. The
system explains to you in detail how
to do this.
If you still wish to consult other
people about setting up your
business, you can contact the Help
Centre. You will find details here of
numerous organisations that offer
help to businesses that you might not
even have known existed.
TIP:
Before starting to enter data into
the financial part of your plan,
remember that experience shows
that starters and new businesses
inflate their turnover and underestimate their costs. So, be realistic
and critical when estimating these
amounts and
allow safety margins.
Get the right support
No matter how qualified you may be
in your specialist area, you may never
be able to get there on your own. It is,
indeed, essential to obtain the support
of well-qualified people with whom
you can start up a frank, constructive
dialogue and with people who can
place their experience and skills in
their specialised areas at your disposal.
Your ING Starters Adviser is certainly
one of these, supported in this task
by our range of experts in the areas
of lending, insurance and electronic
banking. With specialists to back you
up, you can then concentrate more
on your activity. Secondly, delegating
all your accounting and tax obligations often takes a weight off your
mind – not everyone is at home with
accounts. Only accountants accredited by the Professional Institute of
Accountants and Tax Specialists
(Institut professionnel des comptables
et des fiscalistes/Beroepinstituut van
erkende boekhouders en fiscalisten –
IPCF/BIBF), company auditors approved by the Institute of Corporate
Auditors (Institut des réviseurs d’entreprises/Instituut der Bedrijfsrevisoren
– IRE/IBR) or accountants with the
Institute of Accountants and Tax
Advisers (Institut des experts compta-
bles et des conseils fiscaux/Instituut
van Accountants en Belastingsconsultants – IEC/IAB) are authorised
and able to help you meet your
accounting obligations. Accreditation
by these institutes guarantees the
assistance of advisers who have not
only undergone the fundamental training but continuously update their
knowledge and closely monitor the
constant changes to the law. The list
includes other key actors, such as a
notary, a good source of commercial
information, an efficient payroll office
(secrétariat social/sociaal secretariaat),
and a business start-up organisation
or club.
If, after reading this brochure, you still have questions,
do not hesitate to surf our website www.ing.be/starter.
It provides useful and regularly updated information for
starters and young businesses.
11
The minimum age
To set up as self-employed, you must have
reached the age of maturity. In Belgium,
this means that you must have reached
the age of 18. Minors cannot therefore
start up their own businesses, even if they
are no longer subject to parental control.
For those in the trades, the date on which
they become eligible is the date on which
they complete their compulsory education,
generally 30 June of the year in which
they have their 18th birthday.
Your spouse’s agreement
You can, in principle, run a self-employed
business without your spouse’s consent.
However, your spouse may register his or
her objections by applying to the court for
the business to become subject to a prior
amendment of the marriage contract.
The court will allow the petition if
pursuing a business might have a
detrimental impact on your spouse or your
children.
The other legal obstacles
The statutory conditions
for setting up your own business
Before becoming self-employed, it is better
to check scrupulously that you fulfil
the requirements to be able to start up
your business legally
Bankrupts
A person who has been declared bankrupt
may in principle start a new commercial
business as a self-employed person.
However, the commercial court has the
power to prevent this (for at least three
years and not more than ten years from
the date on which the bankruptcy is
declared) if it can be shown that the
bankruptcy was due to serious negligence
or wilful misconduct on the bankrupt’s
part. This ban can be lifted by a judge.
Adults lacking legal capacity
To set up as self-employed, you must have
the legal capacity to act. All adults have
legal capacity unless deemed by law to be
lacking that capacity, e.g., if property
belonging to that adult is temporarily held
in trust, if the adult falls under the statute
of extended minority, if the adult is subject
to a guardianship order or is made a ward
of court, etc.
12
A one-person business or a company? The first choice to
make is one of the most difficult. It will depend on your
financial resources, your provisional estimated turnover
in the first few years of business and the circumstances.
It might need to be reconsidered should these parameters
change appreciably.
The choice of legal form
Private or legal person?
To obtain a clear idea of the pros and cons of the two options,
please look carefully at the following comparative table.
Self-employed
Companies
Advantage
• There are fewer formalities
and limited costs, more
especially with regard to the
accounts (however, if turnover
exceeds 495,787.05 euros,
double-entry book-keeping is
mandatory).
• Speedy decision taking.
• No start-up capital is required.
• A company combines the resources of several individuals, except
in the case of a one-person private limited company (société privée
à responsabilité limitée unipersonnelle/eenpersoons besloten
vennootschap met beperkte aansprakelijkheid – SPRLU/ebvba).
• Shareholders of certain forms of company are liable only up to the
amount of their respective contributions. Their personal assets are
therefore unaffected.
• The same person may be a shareholder of more than one
company (except of several one-person private limited companies).
• Shareholders are not affected by the company’s bankruptcy,
except in special cases
• The disappearance (through death, resignation, etc) of a shareholder
does not jeopardise the survival of the business. However, the
danger exists with a one-person private limited company.
Disadvantages
• The entrepreneur bears all
losses; his personal assets are
a common pledge towards his
creditors.
• The profits which are retained
in the business to permit its
development are nonetheless
subject to personal income
tax. This is generally higher
than corporation tax.
• The bankruptcy of the business
means bankruptcy of the
entrepreneur at the same time.
• The entrepreneur’s death means
the end of the business.
• A minimum capital is required for certain companies.
• Management of the company is more difficult and complicated.
• Training/contribution expenses may be relatively substantial.
• Parliament has imposed very strict accounting rules for the more
usual types of company, irrespective of their turnover.
• The law imposes strict formalities for the publishing of financial
statements.
13
The choice of legal form for the company
We have set out the advantages and rules for the principal types of company in the following table.
‘SA/nv’ public limited company
Contribution
Capital
In cash
The future shareholders must lodge funds in a bank account especially opened in the
name of the company being formed. The financial institution will issue a certificate to be
handed to the notary for appending to the memorandum and articles of association.
Funds can be freed in only two ways:
• once the company has been formed: only persons authorised to commit the company
may have access to its funds and only after the notary has advised the financial
institution that the memorandum and articles of association have been executed,
• if the company is not formed within three months of the account being opened: the
funds will be returned, on request, to those who lodged them.
In kind
The company auditor must draw up a report describing and valuing the contributions in
kind and the founders must issue a report stating the interest to the company of these
contributions and, where applicable, the reasons why they differ from the auditor’s
conclusions; the two reports must be lodged with the clerk of the commercial court.
Minimum
amount
61,500 euros. This must be fully subscribed
(i.e. the shareholders must undertake to pay up their respective shares.).
Paying up
of capital
The minimum amount of paid up capital must be 61,500 euros.
Paying up
of shares
Each share must be at least one quarter paid
Shares
Shares corresponding wholly or partly to contributions in kind must be fully paid within
corresponding
five years.
to contributions
in kind
Shareholders
Certificates
14
Number
At least two shareholders
Who can be
a shareholder?
Any legal or moral person. Persons married with joint estate may form a company:
each of them will be a shareholder even if the contributions have been made from the
common assets and provided that the shares take registered form.
In consideration of their contribution, shareholders receive shares that may take registered, bearer or
dematerialised form. However, until the contributions have been made in full, the shares relating to them
may only take registered form.
The company may similarly issue profit-sharing certificates, which can be of two types:
• founder’s shares, issued for services that are not valued in cash;
• dividend-right certificates, issued following an operation to write down or reduce the capital.
Finally, the company may finance itself by issuing debenture loans. The debentures may take registered,
bearer or dematerialised form. Please note that, as from 1 January 2008, it will no longer be possible to issue
bearer shares or bonds. Existing bearer shares must be converted into registered or dematerialised shares over
a transitional period.
Management
Management is undertaken by a body of at least three directors, whose term of office must not exceed six
months but may be renewed. However, if the company is formed by two founders or if, during a general
meeting, the company is found not have more than two shareholders, the composition of the board of
directors may be limited to two members until an Ordinary General Meeting is held following confirmation
that more than two shareholders exist.
Directors may delegate day-to-day management to one or more directors (known as the “managing
director”) or to one or more third parties (“manager” or “general manager”). One or more directors may
be entrusted with representation of the company in dealings with third parties. Directors will be appointed
by the general meeting; however, the initial appointments may be made in the memorandum and articles
of association.
Directors may resign at any time or be dismissed at any time by the general meeting. The nomination,
resignation and dismissal documents for directors must be lodged with the clerk of the commercial court
for publication in the Appendices to the Belgian Official Gazette (Moniteur belge/Belgisch Staatsblad).
Limited liability company (SPRL/bvba)
Contribution
Capital
In cash
The future shareholders must lodge funds in a bank account especially opened in the
name of the company being formed. The financial institution will issue a certificate to be
handed to the notary who will append it to the memorandum and articles of association.
Funds can be freed in only two ways:
• once the company has been formed: only persons authorised to commit the company
may have access to its funds and only after the notary has advised the financial
institution that the memorandum and articles of association have been executed,
• if the company is not formed within three months of the account being opened: funds
will be returned, on request, to those who lodged them.
In kind
The company auditor must draw up a report describing and valuing the contributions in
kind and the founders must issue a report stating the interest to the company of these
contributions and, where applicable, the reasons why they differ from the auditor’s
conclusions; the two reports must be lodged with the clerk of the commercial court.
Minimum
amount
18,500 euros. This must be fully paid
Paying up
of capital
The minimum amount of paid-up capital must be 6,200 euros.
Paying up
of shares
Each share subscribed in cash must be at least one fifth paid up.
Shares
Shares corresponding to contributions in kind must be paid up
corresponding
immediately and in full.
to contributions
in kind
Shareholders
Number
At least two shareholders.
Who can be
a shareholder?
Any legal or natural person. Persons married with joint estate may form a company;
each of them will be a shareholder even if the contributions have been made from the
common assets.
15
Securities
In consideration of their contribution, shareholders will receive shares in the company, which will always
take registered form. The company may similarly finance itself by issuing debenture loans (registered bonds).
Management
Management is undertaken by one or more general managers, whether or not they are shareholders, who
are appointed by the shareholders; however, the initial appointments may be made in the memorandum
and articles of association. If they are named in the articles of association, the term of office is for an indefinite period, unless specified in the articles of association. This means that they can only be dismissed for a
compelling reason or in the event of a change to the articles of association. The nomination, resignation
and dismissal documents for general managers must be lodged with the clerk of the commercial court for
publication in the Appendices to the Belgian Official Gazette.
One-person private limited company (SPRLU/ebvba)
Contribution
Capital
In cash
The future shareholders must lodge funds in a bank account especially opened in the
name of the company being formed. The financial institution will issue a certificate to be
handed to the notary who will append it to the memorandum and articles of association.
Funds can be freed in only two ways:
• once the company has been formed: only persons authorised to commit the company
may have access to its funds and only after the notary has advised the financial
institution that the memorandum and articles of association have been executed,
• if the company is not formed within three months of the account being opened: the
funds will be returned, on request, to those who lodged them.
In kind
The company auditor must draw up a report describing and valuing the contributions in
kind and the founders must issue a report stating the interest to the company of these
contributions and, where applicable, the reasons why they differ from the auditor’s
conclusions; the two reports must be lodged with the clerk of the commercial court.
Minimum
amount
18,550 euros. This must be fully paid
Paying up
of capital
The minimum amount of paid up capital must be 12,400 euros.
Paying up
of shares
Each share subscribed in cash will be at least one-fifth paid up.
Shares
Shares corresponding to contributions in kind must be paid up immediately and in full.
corresponding
to contributions
in kind
Shareholders
Number
One shareholder only.
N.B.: A natural person may be a shareholder of just one one-person private limited
company1.
Who can be
a shareholder?
A natural person.
A legal person may be a shareholder in exceptional circumstances2.
1 A private person who infringes this rule by setting up or purchasing several one-person limited liability private company will become
personally liable with his own property for all commitments made by those companies other than the commitments of the first oneperson limited liability private company with which he is associated. This provision does not apply if the person concerned has
acquired the one-person limited liability private company through an inheritance.
2 If a legal person acquires all the shares of a one-person limited liability private company, and if no other shareholder comes into the
company within 12 months of the company`s acquisition, or the company is not wound up within that same period, the sole shareholder (legal person) will be liable without limitation for all the transactions undertaken by the one-person limited liability company.
16
Securities
Shares
Bonds
Shares always take registered form
Registered bonds
Management
Management will be undertaken by one or more general managers (in fact, the sole shareholder does not
necessarily have to be the general manager) appointed by the general meeting; however, the initial
appointments may be made in the memorandum and articles of association. If they are named in the
articles of association, the term of office is for an unlimited period, unless otherwise specified in the
memorandum and articles of association. This means that they can be only dismissed for a compelling
reason. The appointment, resignation and dismissal documents for general managers must be lodged with
the clerk of the commercial court for publication in the Appendixes to the Belgian Official Gazette.
Cooperative company with limited liability (SCRL/cvba)
Contribution
Capital
In cash
The future shareholders must lodge their funds in a bank account especially opened in
the name of the company being formed.
The financial institution will issue a certificate to be handed to the notary who will
append it to the memorandum and articles of association.
Funds can be freed in only two ways:
• once the company has been formed: only persons authorised to commit the company
may have access to its funds and only after the notary has advised the financial
institution that the memorandum and articles of association have been executed;
• if the company is not formed within three months of the account being opened: funds
will be returned, on request, to those who lodged them.
In kind
The company auditor must draw up a report describing and valuing the contributions in
kind and the founders must issue a report stating the interest to the company of these
contributions and, where applicable, the reasons why they differ from the auditor’s
conclusions; the two reports must be lodged with the clerk of the commercial court.
Minimum
amount
The capital breaks down into two parts:
fixed part of at least 18,500 euros, fully paid;
• a variable part, varying with the partnership’s composition and changing as partners
join or depart.
•a
Paying up
of capital
The fixed part of the capital must be at least 6,200 euros paid up.
Paying up
of shares
Each share must be at least one-quarter paid up, even if it represents a contribution
that makes up the variable part of the capital.
Shares
Shares corresponding to contributions in kind must be fully paid up within five years of
corresponding
the date of the company’s incorporation.
to contributions
in kind
Shareholders
Shares
Number
At least three shareholders.
Who can be
a shareholder?
A legal or natural person.
Persons married with joint estate can form a company; each of them will be a partner,
even if the contributions have been made from the joint assets.
In consideration of their contribution, the partners receive shares, which will always take registered form.
The company may similarly finance itself by issuing debenture loans.
17
Management
Management will be undertaken by one or more managing directors, whether partners or not. The
procedures for their appointment and dismissal and the powers and duration of their mandate are freely
laid down in the articles of association.
Cooperative company with unlimited liability (SCRI/cvoa)
Contribution
Capital
In cash
The constraints associated with a limited partnership do not apply.
In kind
The constraints associated with a limited partnership do not apply.
Minimum
amount
•
Capital breaks down into two parts:
a fixed part (no minimum amount is required by law);
• a variable part that depends on the arrival or departure of partners.
Paying up
of capital
There is no legal requirement.
Paying up
of shares
There is no legal requirement.
SharesThere is no legal requirement.
corresponding
to contributions
in kind
Shareholders
18
Number
At least three partners, who are jointly and severally liable without limitation for the
company’s commitments.
Who can be
a shareholder?
They may be either private persons or corporate bodies. Persons married with joint
estate may form a company; each of them will be a partner, even if the contributions
were made from the joint assets.
Shares
In consideration of their contribution, the partners receive shares in the cooperative, which will always take
registered form. The cooperative may similarly finance itself by issuing debenture loans.
Management
Management will be undertaken by one or more general managers. The procedures for their appointment
and dismissal, and their powers and terms of office are freely laid down in the articles of association.
For the sake of completeness, we
should also mention the existence of
companies (or partnerships) that are
less frequently met with in practice.
General partnership
This is a form of company in which all
members are jointly and severally liable
indefinitely for the partnership’s debts.
Two partners suffice. They have trader
status if the objects are commercial,
and the bankruptcy of the partnership
may result in that of the partners.
There are no restrictions on how the
partnership is organised in the articles
of association, provided that the
partners are still liable and that the
shares cannot be transferred without
limitation (in particular shares cannot
take negotiable form).
This type of cooperative partnership is
particularly worthwhile for members
of the liberal professions, who, for
ethical reasons, cannot limit their
liability.
Limited partnership
Its characteristic feature is the
existence of two types of partner, who
are subject to different legal regimes:
general partners, who are jointly liable
for the partnership’s debts; and limited
partners, who are bound only to the
extent of their contribution towards
the partnership.
The purpose of a limited partnership is
to permit the limited partners to
contribute towards a commercial or
industrial activity financially while
committing only limited capital and
without acquiring the status of
traders, and to permit the general
partners to obtain the financial
resources necessary for their business
without depriving them of the right to
direct and manage it.
There are two types of limited
partnership:
• a partnership limited by guarantee,
whose status is similar to that of an
ordinary limited partnership (apart
from the special status of the limited
partners). This is essentially a private
partnership; and
• a partnership limited by shares,
which functions in the same way as
a company limited by shares (subject,
inter alia, to the same rules and
requirements regarding capital).
What further distinguishes a
partnership limited by guarantee from
a partnership limited by shares is that
the partners’ shares in the partnership
limited by shares may take bearer
form and are therefore freely
negotiable, while shares in a
partnership limited by guarantee may
be transferred only with the consent
of all the partners, unless otherwise
specified in the articles of association.
The non-stock corporation (société
de droit commun/maatschap)
A form of company also exists under
civil law that has no legal personality
and is therefore transparent for tax
purposes. In such companies all the
partners are jointly and severally liable
for the company’s debts without
limitation. Two shareholders suffice.
They will have trader status if the
objects are commercial, and the
company’s bankruptcy may result in
that of the shareholders. However,
they often have objects relating to civil
society. This form is used for
operations such as managing a
portfolio of property assets, cash asset
management and – as we hope will
be the case for you one of these days
– managing a family fortune.
Company established
for social purposes
This is a company that takes the form
of a general partnership, a partnership
limited by guarantee, a partnership
limited by shares, a private limited
liability company or a cooperative
society, but which is not devoted to
creating wealth for its shareholders.
The articles of association must include
certain clauses - specifically those
stating that shareholders will seek only
limited financial benefits or no
financial benefits at all - must lay
down the company’s objects to which
its activities are devoted, and must set
out the profit appropriation policy.
The nature of a company: civil or
commercial?
Finally, it is worth noting that each
type of company described above may
adopt either civil-law or commercial
objects. This depends on the nature of
the company’s business, as described
in its corporate objects. The form of
the company (or partnership) does
not, therefore, in any way determine
its civil-law or commercial nature.
Activities may therefore be pursued
that are civil by nature (e.g. liberal
professions, such as lawyers,
architects, notaries, doctors, etc) in any
kind of company or partnership that
has “commercial” form (companies
limited by shares, private limited
company, etc) in order to benefit from
legal personality. However, where
liberal professions are concerned,
reference will need to be made to the
special laws governing the profession
and, where applicable, its ethical rules
to determine which commercial form
can be used.
19
How to decide the most appropriate legal form?
You have studied the main characteristics of each form of company. This is a lot of information to absorb in a short space of
time.
However, the decision is of essential importance. That is why we would ask you to go through the previous pages again and
to note down, in the following summary table, the particulars of the company that is best suited your expectations.
How do you intend to deal with contributions to your company?
•
Contributions in cash
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
•
Contributions in kind
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
How will your company’s capital be set up?
•
Minimum amount
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
•
Paid-up capital
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
•
Paid-up shares
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
•
Shares/certificates corresponding to contributions in kind
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
Have you any associates?
•
How many? ———————————————————————————————————————————————————————————————————————————————————————————————————————————————
•
Do they meet the requisite statutory requirements?
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
With regard to securities, what will shareholders receive in consideration of their contribution?
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
How will your company be managed?
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
20
Whatever the business
you may want to
undertake, you must
comply with a number
of formalities before
you can officially start
to trade or issue
your first invoice or
first receipt.
Here is a list…
The formalities
for setting up your own business
General formalities
A certain number of obligations must
be complied with by ALL persons who
wish to start up a private business.
They include:
• opening an account with a financial
institution;
• obtaining a company number;
• registration for VAT1;
• registering for social security;
• registering with a mutual health
insurance fund;
• registering a trade name;
• special conditions regarding
nationality;
• and conditions relating to selfemployment on a supplementary basis.
Administrative simplification
and e-government
However, these formalities are greatly
simplified and Business One-Stop
Shops (guichets d`enterprise/ondernemingsloketten) have become one-stop
shops between businesses and the
public services.
1
Companies and starter self-employed
persons now register with the
Crossroads Bank for Enterprises the
new electronic register of companies
(Banque-Carrefour des
Entreprises/Kruispuntbank voor
Ondernemingen – BCE/KBO) through a
Business One-Stop Shop. In due
course, all formalities concerning a
business start-up (whether as a private
person or as a company) will be
undertaken through the Business OneStop Shop, to which businesses and
the self-employed will have to provide
identification data only once.
A single electronic register:
The Crossroads Bank for Enterprises
The Crossroads Bank for Enterprises is
an electronic register set up within the
Federal Public Service (Service Public
Fédéral/Federale Overheidsdienst
SPF/FOD) Economy, SME’s, Selfemployed and Energy (Economie, PME,
Classes moyennes et énergie/Economie,
Kmo, Middenstand en Energie), which
brings together a range of data
concerning the following persons and
organisations:
• legal persons governed by Belgian law;
• legal persons governed by foreign
law with their registered office in
Belgium;
• natural persons acting as a
commercial business subject to VAT
and to social security as employers or
who conduct a liberal profession on a
self-employed basis.
These persons are given a unique
identification number – the company
number. This number has replaced the
trade register, the civil companies
register and the legal persons
registration numbers and will, in due
course, replace the VAT and social
security numbers. The data collected
by the electronic Register of
Companies are as follows:
• name, trade name and address of the
business;
• its legal form;
• its legal status;
For all professional businesses covered by the VAT code. This does not apply to certain liberal professions.
21
the date of formation or ceasing to
trade;
• tifying the founders, duly authorised
representatives and signing officers;
• the activities undertaken by the
business;
• provided when setting up a corporate
body or registering it as a trader;
• authorisations or licences, or status
acquired by the business under
various laws;
• reference to the documents lodged
with the courts or with the National
Bank of Belgium.
•
The data contained in the various
registers (registers of commerce, crafts,
civil-law companies, etc.) have been
integrated into the electronic
Crossroads Bank for Enterprises.
Initially, these data were provided by
the clerks of the commercial court and
the courts of first instance, by the
commercial registration departments
of the various districts, and, in the
case of new businesses, by a public
business coordination centre.
Opening an account
with a financial institution
To carry on a commercial business you
must, first of all, open an account with
a bank or other financial institution.
This account must be separate from
your private account and used for
operations related to your selfemployed professional activities. The
name of the financial institution where
the account has been opened and the
account number must appear on all
commercial documents (letters,
invoices, order forms, etc). An account
must be opened before any other
administrative formalities are
undertaken through public business
coordination centre.
ADMINISTRATIVE SIMPLIFICATION:
THE BUSINESS ONE-STOP SHOP
The business one-stop shops operate as contact points between
businesses and the public services. Businesses and the selfemployed can now apply to a Business One-Stop Shop to
complete all their administrative formalities. However, the aim
is not to limit Business One-Stop Shops to registration with the
electronic crossroads bank for enterprises. In addition to
applying legislation relating to entrepreneurial capacity, which
is directly linked to the registration of commercial and trade
companies with the electronic crossroads bank for enterprises,
and the other duties imposed by law, the Business one-Stop
Shops will be able, if they so choose, to provide other services
to businesses (e.g. formalities with respect to the chamber of
trades and businesses, the clerk of the commercial court, the
VAT inspectorate and social security body, and to provide
services relating to the composition and lodging of a large and
diverse number of files, especially with regard to
authorisations, registrations, etc).
22
Registration
with a Business One-Stop Shop
THE
REGISTRATION PROCEDURE
The commercial register and the trade
register have been incorporated into
the electronic database of the
Crossroads Bank for Enterprises and
the budding entrepreneur must apply
to a Business One-Stop Shop, which
will collect all the necessary data to
discharge a number of formalities.
INFORMATION TO BE PROVIDED
This includes your first names, last
name, sex, profession, address, place
and date of birth and nationality.
You must provide your identity card.
• If you are married, all particulars
appearing on your marriage contract
(spouse's first names and last name),
marriage date and, if applicable,
date of divorce, and type of marital
agreement).
• If your marital agreement differs
from the statutory status, an excerpt
from the marriage contract must be
filed with the clerk of the
commercial court. This excerpt must
be issued by the notary who drew
up your marriage contract.
• Particulars concerning your
commercial activities: company
name, address, commercial activity,
net surface area devoted to sales in
the case of a retail business, and
date on which trading will start.
• A document proving your basic
knowledge of management.
• A certified copy of the documents
that entitle you to conduct your
business and a certification of
professional capacity for regulated
professions (list of regulated
professions in Appendix 1).
• Your account number.
•
THE COST
Registration to obtain a company
number costs 70 euros. Subsequent
changes will similarly cost 70 euros,
whatever the nature of the change.
MANDATORY
INFORMATION
All documents relating to your commercial business must show your company
number. For companies, the words
"register of companies (registre des
personnes morales/rechtspersonenregister - RPM/RPR)" and an indication of
the commercial court within whose
jurisdiction the company's registered
office falls must also be included (e.g.
Mons 0456 786 031). The company
number should also appear on all real
estate for commercial use and on
vehicles used for the business.
PUBLICITY
Any person may, by paying a fee,
obtain information from the public
business coordination centre about
other registered businesses.
SANCTIONS
Breaches of these laws will result not
only in sanctions under criminal law
but also penalties under civil law.
• Civil-law sanctions: any legal proceedings
instituted by the company may be
considered inadmissible (e.g. no claim
can be made against a bad debtor) if
the company has not been registered
with a public business coordination
centre and unless proof of such
registration can be shown by the
date on which legal proceedings
commence;
• Criminal-law sanctions: failing to
register a company with a public
business coordination centre or a
rejection of an application for
registration prior to conducting a
commercial business may attract a
fine and/or term of imprisonment.
The public prosecutor may also have
the premises where the business is
conducted sealed or take other
appropriate steps.
Notification of a marital agreement
If you have the statutory status,
creditors may recover their debts
against both the assets of the trading
spouse and against the joint estate.
• You can derogate from the statutory
status by executing a marital
agreement. The latter is drawn up by
a notary and may be changed during
the marriage. Separation of estate
means that there are no joint assets,
and, at most, only a few assets will
be in indivisum. Creditors of the
business can therefore obtain
payment against the property of the
trading spouse only.
• Unless this formality is discharged,
the trader will be required to make
good any damage caused to third
parties by the failure to notify them
of the marital agreement.
•
Basic management knowledge
Basic management knowledge is
demanded of any self-employed
person registering with a public
business coordination centre, except
where a regulated profession is
concerned.
• Apart from the head of the business
himself or herself, this knowledge
may be held by and certified for the
self-employed person's spouse, a
partner of three years standing, an
employee employed for this purpose
or, in the case of a company, a
private person who effectively
undertakes day-to-day management
of the company.
• The document attesting to your basic
skills must be obtained from the
public business coordination centre
(subject to supervision by the new
public business coordination centre's
accreditation and supervision unit
(service agrément et contrôle des
guichets d'entreprises/erkenning en
controle ondernemingsloketten) of the
FPS Economy, SME’s, Self-employed and
Energy.
• Proof of your basic management
knowledge may be offered in two ways
(see the table on page 24).
Registration for VAT
If your business is subject to VAT, the next
step is to register for this tax with the
local vat inspectorate in your district or
with a public business coordination
centre. If you are in any doubt about
your obligation to obtain a VAT number,
please contact your local VAT office. The
addresses of local offices are given in the
telephone directory under the entry SPF
Finance or FOD Financiën.
Certain liberal professions that
are exercised as private persons
and traditional agricultural
businesses are not subject to this
obligation.
THE
REGISTRATION PROCEDURE
This formality may be undertaken through
a Business One-Stop Shop at the same
time as registering for social security.
THE
COST
Registration is free of charge.
CHIEF
OBLIGATION
Registration for VAT entails an obligation
to charge VAT on the price of goods and
services sold to customers.
Registration with a social security
contributions fund
As a self employed person, you are
required to register with a social security
contributions fund (caisse de cotisations
socials/socialeverzekeringskas) within 90
days of starting to trade.
STATUS
FOR SOCIAL SECURITY PURPOSES OF
THE SELF-EMPLOYED
A standard "separation of estate" marital
agreement is recommended if either spouse of
a couple sets up their own business
Both the head of a personal business
and the directors, general managers,
etc., of companies generally have selfemployed status for the purposes of
social security. Subject to specific and
23
By document
A certificate concerning basic management knowledge issued by:
The third tier of general, technical, artistic or vocational secondary education
•• The central panels of the communities or of the minister for small traders and agriculture
•• The continuous training centres for small traders (head of a business)
•• A business studies certificate
• A higher education diploma
• A certificate confirming successful completion of an accelerated management training course, of at least 128 hours spread
over three months
• A foreign diploma or certificate recognised as equivalent
• The following documents, if issued before 30 September 2000:
•• A certificate of higher secondary general, technical or artistic education
•• A certificate of higher secondary vocational education issued by a "commercial, accounting or sales" department
•• A first-year certificate as head of a business
•
••
Through professional experience
If, during the last 15 years, you have carried on an industrial, commercial, trade, agricultural or horticultural business
After 3 years as head of an independent business
• After 3 years in which your main activity was head of operations, without being engaged under the terms of a contract of
employment
• After 5 years in which your supplementary activity was head of operations, without being engaged under the terms of a
contract of employment
• After 5 years as an independent assistant to the head of a business
• After 5 years as employee in a management capacity
•
•
rigorous conditions, the director,
managing partner, etc., of a company
may be both self-employed and an
employee of that company. Where this
is the case, he is personally responsible
for paying his self-employed social
security contributions.
In addition, both the company and the
person concerned will be required to
pay the social security contributions
that derive from that person's employee
status. To qualify for employee status,
there must be a hierarchical link, which
does not exist in a one-person limited
liability private company.
CALCULATING
SOCIAL SECURITY
CONTRIBUTIONS
Since no benchmark for tax can be
established for a person who is just
starting to trade, the person concerned
will pay a provisional amount, on
account, every quarter, the amount of
24
which is fixed by royal decree.
The so-called "start-up" period is at
least three years (twelve quarters) with
a maximum of fifteen quarters.
Thereafter, once the fund has accurate
figures for the actual income generated
in each of the calendar years concerned
since start-up, it will proceed to adjust
the provisional contributions, year by
year. The difference arising from the
adjustment must be paid by the end of
the twelfth quarter following that on
which the adjustment statements are
despatched.
The actual professional income equates
to gross revenue (including capital gains
on transfers) less business expenses,
business charges, and any losses
established in accordance with income
tax law. This income is grossed up prior
to this calculation.
This income is then re-evaluated to
reflect the consumer price index
between the benchmark year and the
year to which the contributions relate.
Contributions are payable quarterly.
See the table on page 67.
REGISTRATION
OF AN ASSISTING SPOUSE
An assisting spouse is one who assists
or stands in for the self-employed
person in the performance of the
business without being linked by a
contract of employment. Since 1 July
2005, an assisting spouse who
undertakes no other activities that
provide him or her with social welfare
protection in the strict sense has, by
default, maximum self-employed social
security contributions status (maxistatut or maxistatuut). He or she must
therefore also register with a social
security contributions fund.
RIGHTS GAINED BY PAYING CONTRIBUTIONS
In exchange for making social security
contributions, you, as self-employed
person, will benefit from:
• assistance with "major risk"
healthcare (hospitalisation, surgery,
confinements, x-rays, treatment for
certain serious illnesses, etc);
• family and birth allowances;
• disability benefit in the event of
incapacity for work;
• pension entitlements (retirement,
survival).
Registration with a mutual health
insurance fund
A self-employed person who wishes
to benefit from the statutory health
and disability insurance scheme must
also necessarily register with a mutual
health insurance fund (mutuelle/ziekenkas) of his choice or with an ancillary
health and disability insurance fund
(address: see appendix on page 68).
Payment of contributions to a national
social security fund will ensure that
your sickness fund file is in good
order. At the start of each year, the
national social security funds provide
the mutual health insurance funds
with particulars of the contributions
made by registered persons for the
past year. As already mentioned, you
will be covered only against major
risks, such as operations,
hospitalisation, and x-rays. However,
you can take out supplementary
insurance against "minor risks" such
as consultation fees for your GP,
pharmaceutical expenses, dental care,
etc. A "minor risks" insurance of this
kind costs 75 euros per month on
average.
Registering a trade name
•
A business may be carried on under a
trade name. There are no restrictions
on the choice of name, provided its
does not give rise to unfair competition.
It is protected without the need for
registration to be lodged or filed. If
you want to check whether a trade
name exists that is an identical or
analogous to that you have intend to
use, please contact DNS Belgium
asbl/vzw (address: see appendix 4,
page 68).
• If you are setting up as a company,
you will need to select a company
name. This can be identical to your
trade name but must also be different
from that of any other company.
Here, too, you can apply to DNS
Belgium for further information.
You can attribute a specific brand name
to the products that you are going to
market. The brand names must be
registered to ensure protection. To
check whether an identical brand name
may exist, you should apply to the
Trade Marks Office (Bureau des
Marques/merkenbureau) of the FPS
Economy, SME’s, Self-employed and
Energy (address: see appendix 4, page
71).
Special conditions relating to selfemployment on a supplementary basis
The number of persons operating on a
self-employed basis alongside their
main salaried professional activity
(employee, civil servant, teacher, etc.) is
constantly increasing. If you are
considering doing so, you would be
well advised to check beforehand
whether your contract of employment
or the industry collective agreement
allows you to combine a supplementary
activity with your principal activity and,
if so, whether conditions or limitations
are imposed, such as a non-competition
clause, for example.
For more information on this matter,
you can contact the public business
coordination centres (addresses: see
appendix 4, page 70).
Nationality requirements
If you are not a belgian national and
wish to undertake gainful
employment as a self-employed
person in this country, you must hold
a licence to practice (carte
professionnelle/beroepskaart) unless
you are a citizen of the European
Economic Area. This licence is issued by
the Ministry of Small Traders
(ministère des classes
moyennes/Ministerie van
Middenstand). The member states of
the european union are Belgium,
Germany, Austria, Denmark, Spain,
Finland, France, the United Kingdom,
Greece, Ireland, Italy, the Grand Duchy
of Luxembourg, the Netherlands,
Portugal, Sweden, Estonia, Lithuania,
Latvia, Slovenia, Slovakia, Malta, Cyprus,
the Czech Republic, Poland and
Hungary. The following countries are
part of the European Economic Area
in addition to member states of the
EU: Iceland, Norway and Liechtenstein. The personal and
non-transferable licence to practice
sets out clearly the nature of the
business. It is valid for a period of no
more than five years but can be
renewed. It is required for registration
in order to obtain a company number.
Your application must be submitted to
the municipal authorities in your place
of residence. If you do not yet reside
in Belgium, it can be submitted through
the appropriate Belgian diplomatic or
consular representative in your home
country.
Clearly, the withdrawal of a residence
permit (permit de séjour/verblijfsvergunning) or permanent establishment
permit (permit d'établissement/vestigingsvergunning) from a foreigner
automatically invalidates his or her
licence to practice.
In addition to nationals of a member
state of the European Economic Area,
this formality is waived for certain
other persons: asylum seekers and
nationals of countries which have a
special relationship with Belgium
under a treaty. The countries that
currently have such a special
relationship are Bulgaria and Romania.
However, nationals of these countries
require a permit to be able to conduct
a self-employed business. The permit
25
must be applied for from the FPS
Economy, SME’s, Self-employed and
Energy.
Specific formalities
There are specific formalities, in addition
to the general formalities, that must be
complied with by certain groups of
professionals only.
The regulated professions
(basic management knowledge +
specialist professional knowledge)
The law regulates access to a series of
professions, for which certification must
be obtained from a public businesscoordination centre. The conditions laid
down for conducting a regulated
profession must be met by:
• the head of the business; or
• the person undertaking day-to-day
management of an establishment
without being employed under a
contract of employment or work; or
• the governing body of the company;
or
the person appointed for the
purpose of undertaking the day-today management.
Involvement in day-to-day management
of the business is prerequisite.
More than one person may satisfy these
criteria, each falling into a different provenskills category. It should be noted that it
is sufficient that just one person in the
business has the requisite technical
knowledge and just one person (the
same or another) has the requisite
management knowledge, e.g., a
qualified optician (a technician) in
business with his wife (a skilled manager).
• To conduct a regulated trade, a
permanent establishment permit must
be obtained.
• To obtain the permit, you must be
able to prove your skills in:
•• technical knowledge, which differs
from one profession to the other,
and which may be proved by
diplomas or certificates. In certain
cases, proof of professional
experience (of at least two years)
•
must be provided;
management knowledge: the
requirements for this have already
been set out above (page 23).
• Your public business-coordination
centre issues the permanent
establishment permit to you.
••
Special regulations
The conduct of a profession is not solely
governed by legislation on establishment
but also by various bodies (national,
regional and municipal).
A licence or prior registration is therefore
required for a whole series of activities.
The principal activities are set out in
appendix 2, page 62.
For further information on this subject,
you should contact a public businesscoordination centre or contact the
governing body for your trade or
profession.
For further information please contact the FPS
Economy, SME's, Self-employed and Energy.
26
If starting up a one-person
business already seems
complicated in view of
the red tape and number
of the steps to be taken,
it goes without saying
that launching a company
is even more Byzantine.
You will therefore find
that contacting a notary,
an accountant and even
a lawyer will be helpful
The obligations to be met in setting
up your own company
General obligations
Certain obligations are common to both
companies and one-person businesses.
This is notably the case with:
• opening an account with a financial
institution;
• obtaining proof of basic management
knowledge;
• obtaining a company number.
The FPS Economy, SME’s, Selfemployed and Energy decided to
simplify the fees charged by the
Business One-Stop Shop. From 1
January 2006, a fixed fee of 70 euros
(per entity) has been charged for
registration in the Register held by the
Crossroads Bank for Enterprises made
through a Business One-Stop Shop, and
likewise for any change to the registration
and removal from the register. For
excerpts of the entry data held in the
Crossroads Bank for Enterprises a new
standard charge of 10 euros will apply.
•
•
of over 532,022.59 euros (for the last
but one tax year) it was 852.50 euros.
There is a ceiling on the contributions of
Registration for VAT. For companies,
852.50 euros. To make these payments,
two certified copies of the memo-
the company must register with a
randum and articles of association
social security contributions fund. This
and any documents amending the
contribution is tax-deductible. Newly
articles of association must be
formed companies may, under certain
submitted;
conditions, be exempt from payment
Registration with a mutual health
of this contribution. You should ask
insurance fund;
your social security contributions fund
•
Filing the trade name;
whether or not you are eligible for
•
Registering with a social security
such an exemption.
contributions fund.
All companies subject to Belgian
corporation tax or tax on non-residents
must pay a lump sum contribution
each year. In 2005, for self-employed
persons this was 347.50 euros, and for
Specific obligations
In addition to the general obligations,
there is a whole series of specific
obligations for companies, which are
summarised below.
companies with a balance-sheet total
27
Company limited by shares (SA/nv)
Financial plan
The founders must draw up a financial plan in which they justify the amount of share capital. This
document must be submitted to the notary but is not published. If, on the date of incorporation, the
initial capital is clearly inadequate to ensure the normal conduct of business for at least two years,
the founders will be held jointly and severally liable for the company’s debts should the latter be
declared bankrupt within three years of its formation.
Formation
•
•
The company is formed by notarised deed
The deed must include the memorandum of association itself, the articles of association and, generally,
the initial management appointments.
Cost of the deed For a company limited by shares formed with a capital of 61,500 euros, the estimated cost
of formation
of drawing up the deed is 2,100 euros.
Procedure
The notary must lodge a copy of an excerpt from the deed of formation with the clerk of the commercial
court within a fortnight of the deed being executed so that it can be published in the Appendix to the
Belgian Official Gazette. The company will acquire legal personality from the moment the excerpt is lodged.
As soon as the deed has been executed, it must be lodged with the Land Registration and Estates
Department (Administration de l'Enregistrement et des Domaines/Administratie, Registratie en Domeinen)
Share register
des actions
Shares in a registered form must be entered in a share register kept at the company’s
registered office
Private limited liability company (SPRL/bvba)
Financial plan
As for companies limited by shares.
Formation
•
•
The company is formed by notarised deed
The deed must include the memorandum of association itself, the articles of association and, generally,
the initial management appointments.
Cost of the deed For a public limited liability company formed with a capital of 18,500 euros, the estimated
of formation
cost of drawing up the deed is 1,000 euros.
Procedure
As for companies limited by shares.
Share register
Shares must be entered in a register kept at the company’s registered office.
One-person private limited liability company (SPRLU/ebvba)
Financial plan
As for companies limited by shares.
Formation
•
•
The company is formed by notarised deed
The deed must include the memorandum of association itself, the articles of association and, generally,
the initial management appointments.
Cost of the deed As for companies limited by shares.
of formation
28
Procedure
As for companies limited by shares
Share register
Shares must be entered in a register kept at the company’s registered office.
Limited liability partnership (SCRL/cvba)
Financial plan
The founders must draw up a financial plan that justifies the amount of share capital.
This document must be submitted to the notary but is not published.
If, on the date of formation, the fixed portion of the initial capital is clearly inadequate to ensure the normal conduct of business for at least two years, the founders will be held jointly and severally liable for
the company’s debts should the latter be declared bankrupt within three years of its formation.
Formation
•
•
Cost of the deed
of formation
The company is formed by notarised deed
The deed must include the memorandum of association itself, the articles of association and, generally,
the initial management appointments.
As for companies limited by shares.
Procedure
As for companies limited by shares. However, the registration fee for a partnership is 12.5% where real
property wholly or partly used for, or intended for use as, private residential purposes is contributed by a
natural person.
In the Flemish Region, this fee was reduced to 10% on 1 January 2002.
Share register
Shares must be entered in a register kept at the company’s registered office.
Unlimited liability cooperative society (SCRI/cvoa)
Financial plan
No financial plan is required.
Formation
The company may be formed by notarised deed or by a private deed (except if real property is contributed),
in both cases two original copies will suffice.
Cost of the deed The cost depends on a series of factors (to be checked on a case-by-case basis).
of formation
Procedure
A certified copy, or duplicate, and an excerpt (in duplicate) of the deed, signed by all the joint and
several partners (or by one of them appointed by all the others), must be lodged with the clerk of the
commercial court within a fortnight of the deed being executed so that it can be published in the
Belgian Official Gazette. The company acquires legal personality as soon as the documents are lodged
with the court. The deed must also be lodged with the Land Registration and Estates Department as
soon as it has been executed.
Share register
Shares must be entered in a register kept at the company’s registered offices.
29
The number of companies started up in Belgium is a good deal lower than the European average.
To enable our country to make up this lag, the public authorities have been introducing a range
of support measures. Some of these are directed at specific groups, such as the unemployed or
young people who are entering the world of work. Others are aimed at persons interested in
self-employment but who need a little encouragement or persons who are already self-employed
but want to expand. However, it is not our intention to provide you with an exhaustive list but
simply to remind you that measures exist and that it would be a pity not to make use of them.
Support provided by the public authorities
Whether at European, federal, regional
or provincial level, an impressive range
of public aid enables businesses and
the self-employed to benefit from
financial support.
But the intricacies of subsidies can be
something of a damper. Nevertheless,
you should be aware of the fact that,
apart from certain sectors officially
excluded by the public authorities, most
businesses and self-employed persons
are entitled to them. Moreover, since
much of this aid can be combined and
particular attention is paid to starter
companies and self-employed persons,
it would be a pity not to try your luck.
Providing you with full details of the
plethora of possibilities would quickly
ensure you get lost in the small print.
We have therefore opted merely to set
out the key categories of subsidised
investments.
Regional aid
The Flemish and Walloon Regions and
the Brussels-Capital Region offer a
range of investment aid set up to assist
Belgian or foreign businesses established
in the region concerned. A prerequisite
for benefiting from such aid is that the
investment be made in that Region.
30
These measures focus their attention
in particular on starter businesses and
the self-employed. Assistance can take
various forms, the most popular of
which are:
• Interest subsidies (subventions en
intérêts/interestsubsidies) and capital
contribution grants (primes en
capital/kapitaalpremies), depending
on the method of financing and the
Region approached. The amount of
these subsidies depends on a
number of factors, notably the
amount of the investment that can
be subsidised, the sector of business,
the size and age of the company,
etc;
• Support for specific types of
investment, such as those favouring
the environment, permitting savings
in energy and raw materials or
investment of an innovative nature;
• Supplementary subsidies for
investments favouring job creation;
• advantages (where a capital
contribution grant or interest subsidy
has been granted);
• Accelerated depreciation;
• Exemption from withholding tax over
a specified period.
The type of assistance available, the
selection criteria, and the formalities
and conditions to be fulfilled differ
from one Region to another. The door
at which you must knock will therefore
depend on your particular project and
the place where you are going to set up
your workplace, office or establishment
for your business. You will find the
contact details for the three regional
administrations in Appendix 4, page 68.
The Participation Fund
The Participation Fund (Fonds de
Participation/Participatiefonds) is a
federal public institution involved in
the market for small and medium-sized
businesses and the self-employed.
It offers a range of products aimed at
stimulating young businesses and
those in the course of expanding:
the Starteo loan, the Optimeo loan,
the start-up loan and the joint loan.
Briefly, the main characteristics of
these loans are as follows.
The Starteo loan
•
This loan is aimed at the self-employed,
small companies and those in the liberal
professions with businesses that have
been in operation for less than four
years.
The support consists of a
subordinated loan of no more than
250,000 euros at a preferential rate
of 3% for the first two years. The
loan is granted for 5, 7 or 10 years,
depending on the project type.
The amount of the loan is decided
on the basis of the capital investment
made by the business itself in the
project concerned (the loan can
never be no more than four times
the investment made by the business
itself) and cannot exceed the amount
loaned by the business’s bank to
finance the project.
•
The Optimeo loan
This is a variant on the Starteo loan
and intended for companies with
more than four years’ activity behind
them. The maximum amount of the
loan in this case is limited to three
times the capital investment made by
the company itself.
The start-up loan
•
The start-up loan (prêt lancement/
startlening) is aimed at the fully
unemployed who are in receipt of
benefits or a job-seeker’s allowance
(allocations d’attente/wachtuitkering)
for less than three months, or those
on subsistence allowance (minimexe/
bestaansminimum) who wish to
become self-employed or set up a
company.
• The support consists of a subordinated
loan not exceeding 30,000 euros, for
a period not exceeding 10 years, at a
preferential rate of 4%. The applicant
must contribute one quarter of the
sum borrowed, potentially through a
loan granted by a financial
institution.
COMMENTS:
Should activity cease during the first
five years, the Fund may waive
repayment of the balance if proof
can be shown, within three months
of activity ceasing, that the stoppage
was beyond the control of the
person concerned.
The start-up loan can be combined
with a Starteo or Optimeo loan
provided the conditions under which
the latter are granted are met.
A joint loan
This loan is aimed at a private person
who starts up as self-employed or
who sets up a business and who has
substantial financial difficulties (a
person receiving a social
reintegration income (revenu
d'intégration sociale/leefloon –
RIS/LL), social security benefits,
unemployment benefits, etc).
• The support consists of a
subordinated loan not exceeding
12,000 euros, repayable over four
years at a fixed rate of 3%.
• The joint loan can be combined with
a start-up loan provided the
conditions under which the latter is
granted are met.
•
If you want to know more about
these products, you can contact your
ING branch or the Participation Fund,
the contact details of which you will
find in Appendix 4, page 69.
YOUR ING STARTERS ADVISER
Applications for most of the support programmes can be made
through your bank. Contact your ING Starters Adviser. He will
then send your details to the Subsidies section of ING Belgium,
where a team consisting of specialists with vast experience in
this field will be able to guide you through the labyrinth of public
support measures in the strictest confidence. There is a charge
for this service, but the commission charged is often less than the
fees charged by external private consultants. A word of advice:
do not wait too long before talking to us about your projects;
many applications cease to be eligible once the project starts.
It would therefore be a pity if your application for support was
to come too late and you were, quite simply, to miss out on a
financial windfall.
31
If you have decided to set up your own business, it is essential that you
choose the best sources of financing.
Your ING Starters Adviser will help you take the right decision.
Help with loan financing from ING
As a self-employed person or head of
a business, you will have to meet
various expenses: formation of the
company, business expenses, capital
investment (premises, vehicles, computers, etc.), renovation work, taxes, and
holiday pay. As these often cannot be
put off, you must find the necessary
funds quickly. Whether you must
cover a brief shortfall or whether you
32
need short or medium term financing,
ING can offer you a broad range of
simple, efficient and personalised solutions: overdraft facilities, bank guarantees, various loans and credit facilities,
and leasing arrangements. Whatever
the formula proposed, implementation
is always rapid and the administrative
formalities are reduced to the bare
minimum since your time is precious
and, as the saying goes, time is
money.
In order to give you a more specific
initial idea, we have drawn up the
summary below of the most popular
loan packages.
Type of requirement
Solution suggested by ING
Starting up your business
ING Business Line Starter
Vehicle financing, capital goods purchases,
refurbishments, payment of professional
outgoings
Business loan
Temporary cash flow requirement
Bridge Loan
Tax prepayments
Tax Prepayment Loan
Outgoings for holiday pay and end-of-year
bonuses
Holiday Pay and End-of-Year Bonus Loan
Acquisition of one or more vehicles for
professional use
•
Provision of a guarantee to third parties
Bank Guarantee
Financial Car Leasing
• Business Loan
ING Business Line Starter
This is an overdraft facility intended to
finance initial start-up costs: starting
up expenses, working capital, etc. This
facility is available to first-time businesses within the first 18 months of the
launch of the business. After three
years, ING Business Line Starter is
automatically converted into a
standard Business Line facility.
Features
• Opening of a credit line linked to
your current account.
• The amount of the facility is a minimum of 2,000 euros and a maximum of 25,000 euros.
• The term of the facility is unlimited,
• You can draw cash from your
current account freely, provided,
however, that the maximum
authorised limit is not exceeded.
• You repay the sums drawn at your
own pace, entirely at your discretion.
Main benefits
• You pay no additional costs during
the first three years.
• The interest rate for the first three
years is lower than the usual rate for
overdrafts.
• Interest is charged every three
months but is only payable on the
sums drawn.
• Interest can be deducted as a business expense from your taxable
business income.
The Business Loan
The purpose of a Business Loan is to
provide short- to medium-term financing for the purchase of professional
equipment in the broadest sense
(cars, computers, technical equipment,
etc), as well as the implementation
of your projects (such as the acquisition of a business) or payment of a
professional outlay.
Features
• A loan which is drawn once only:
the funds are either paid into your
ING loan account or made directly
available to the supplier of the
goods or the financial service.
• The minimum amount is 2,000
euros; there is no maximum.
• It is repaid in fixed regular
instalments (monthly, quarterly,
half-yearly or yearly).
• The interest rate is fixed for the
term of the contract.
• The term of the loan may vary
from six to 120 months.
Main benefits
• Rapid processing, without too many
formalities
• Transparent terms: one withdrawal,
a single fixed interest rate and constant repayments.
• You borrow at attractive conditions
and know exactly how much the
interest and repayments are.
• You can fund both the principal of
the loan, as well as the insurance
premiums.
• Interest and other costs paid are
tax-deductible as professional
expenses.
Additional advantages for starter
entrepreneurs.
Entrepreneurs who have launched
their business less than 18 months
before taking out the loan benefit
from:
• exemption from payment of the
loan origination fee;
• a six-month period of grace.
33
Bridge Loan
A bridge loan is a short-term loan
intended to cover temporary cash-flow
requirements while awaiting your
forecast revenues.
Features
• The minimum amount is 2,000
euros. There is no maximum.
• The interest rate is fixed for the
term of the loan.
• The term of the loan ranges from a
minimum of one month to a maximum of one year. You can apply to
extend the advance twice, provided
that the entire term does not exceed
one year and subject to acceptance
by ING.
• The capital borrowed is repaid in
full at the end.
Main benefits
• The interest rate is fixed, which rules
out unpleasant surprises.
• The interest payments are taxdeductible as professional expenses.
• The funds are made available on
your account quickly.
Tax prepayments Loans
ING can arrange the funding of your
tax prepayments, so that you benefit
from avoiding tax increases and, if
applicable, so that you can benefit
from tax rebates for advance payments.
Features
• An instalment loan whereby ING pays
the Ministry of Finance a
certain portion of your estimated tax
for the current year on your behalf
on each date set by the Ministry.
• The interest rate is fixed for the
entire term of the loan.
34
• Capital and interest are paid through
constant monthly instalments.
• The term of the operation ranges
from 8 to 12 months, depending on
the formula you choose.
• The agreement is renewed from year
to year, with the possibility to change
it according to your requirements.
Three packages to choose from
Tax Prepayment Loan Deposit Phase
ING pays your estimated tax to the
Ministry of Finance on the first tax
repayment due date. You repay the
advance in 12 equal monthly instalments, as from the first working day of
the first month of your financial year.
the whole year, ING offers two forms
of financing with similar features.
Features
The minimum amount of financing is
2,000 euros; there is no maximum.
• The interest rate is fixed for the entire
term of the loan.
• Principal and interest payments are
made in 12 monthly instalments.
• The loan is “revolving” and is renewed
by ING year by year.
•
Main benefits
ING pays your estimated tax liability to
the Ministry of Finance on the first tax
prepayment due date. The loan is
repaid through 8 or 12 monthly instalments as from the first day of the
month after the payment.
You spread the financial burden of
holiday pay and bonuses over the
entire year.
• You borrow at a fixed rate, so you
know exactly how much the interest
costs and repayments are.
• The agreement is renewed from year
to year, with the possibility to change
it according to your requirements.
• The interest payments are tax-deductible as professional expenses.
Quarterly Tax Prepayment Loans
Financial Car Leasing
On each of the four tax prepayment
due dates, ING pays 25% of the
estimated tax owed to the Ministry of
Finance. The loans are repaid through
four three-monthly instalments, as
from the first day of the month after
each payment.
Should you buy or lease your professional vehicle? To finance the purchase
of a vehicle, we automatically think of
conventional types of financing. Yet in
many cases a financial lease can be an
extremely attractive alternative.
Practical advice
Features
Conventional Tax Prepayment Loans
To choose the formula that suits you
best, your ING adviser can offer a
personalised simulation based on your
circumstances and requirements.
Holiday Pay and
End-of-Year Bonus Loans
In order to spread the burden of holiday pay and year-end bonuses over
•
A leasing formula with a purchase
option that enables you to buy one
or more new vehicles (cars or vans)
without locking up capital.
• You can choose the model and
negotiate the terms and conditions
with the supplier of your choice.
You then pass this information on
to your ING branch, which offers a
•
formula tailored to your requirements.
The leasing period can range from
18 to 60 months.
• The lease is repaid in the form of
lease payments, made in advance
either monthly or quarterly.
• You have the choice between “on
balance sheet” or “off balance
sheet” leasing, depending on the
price fixed for the purchase option.
•
Main benefits
•
The leasing agreement is set up
quickly without too many administrative formalities.
•
Your vehicle is 100% financed: there
is no down payment or VAT to finance.
•
You are completely free to choose
how to implement the contract: you
decide the amount of the purchase
option, the frequency of lease payments, the amount of the first
instalment, etc.
Several possibilities are open to you
at the end of the leasing agreement:
you can either exercise the purchase
option and become the owner of the
vehicle, or you can transfer it to a
third party of your choice by agreeing
a price. There is yet another solution:
you can extend the agreement for
the length of time that you feel is
appropriate.
• If you do not exercise the purchase
•
option, you pay VAT only on the
depreciated portion. This is a major
benefit for those not liable to the
tax, as it can represent up to 46%
of the vehicle’s value, depending on
the term of the leasing agreement.
• The leasing agreement is set up
quickly without too many administrative formalities.
• Your vehicle is 100% financed:
there is no down payment or VAT
to finance.
• You are completely free to choose
how to implement the contract: you
decide the amount of the purchase
option, the frequency of lease payments, the amount of the first
instalment, etc.
• Several possibilities are open to you
at the end of the leasing agreement:
you can either exercise the purchase
option and become the owner of
the vehicle, or you can transfer it to
a third party of your choice by
agreeing a price. There is yet another solution: you can extend the
agreement for the length of time
that you feel is appropriate.
• If you do not exercise the purchase
option, you pay VAT only on the
depreciated portion. This is a major
benefit for those not liable to the
tax, as it can represent up to 46%
of the vehicle’s value, depending on
the term of the leasing agreement.
Bank Guarantees
In the course of your activity, you may
have to provide guarantees to third
parties who want to ensure that you
will fulfil your financial commitments
towards them. In that case, you are
probably thinking of blocking funds in
an account. ING can, however, offer
you just as valid and flexible an alternative: a bank guarantee.
Features
A form of credit whereby ING
undertakes to pay a certain sum on
its customer’s behalf in the event
that the latter fails to meet a commitment contracted to a third party,
the beneficiary of the guarantee.
This commitment may relate to payment of a debt, the provision of a
service or a business transaction.
• The purpose of a bank guarantee is
to avoid blocking the funds needed
for cash-flow requirements to ensure
the due performance commitments..
• The guarantee is available as a
separate transaction or as part of a
credit line.
•
Main advantage
You do not need to block funds to
guarantee the due performance of
your commitments.
For further information on our various lending facilities, please
see our folder “Loans for professionals”, available from your
Starters Adviser or from your ING branch.
35
You’re starting up a new business. You are in no doubt that your
business plans are hedged with a whole series of risks, but you do
not know exactly what kind of protection you need. The best
solution is therefore to draw up a list of your requirements
according to their degree of importance. To help you, we have
briefly listed the main types of event that may arise in the course
of your business venture. You will find a very handy checklist at the
end of this chapter which will help you to clarify your situation in
terms of risk cover. ING acts as a broker for a number of insurers to
ensure that you obtain the best rates and to offer you services that
correspond exactly to your requirements.
Help with insurance from ING
Disability insurance
As a self-employed person or head of
a business, you devote yourself, body
and soul, to the success of your venture.
But what happens if, following an illness
or an accident, you are unable to
work for several weeks, or even
months? What would then happen to
your income and who would ensure
the survival of your business in your
absence? ING’s Guaranteed Income
and Business Protect insurance policies
provide the answer so that you can
rest assured.
ING Guaranteed Income
ING’s Guaranteed Income protects you
against loss of income in the event of
sickness or an accident. It can represent
a sizeable supplement to social security
payments, which are totally insufficient
to maintain your family’s standard of
living if you are unable to work.
1
36
Characteristics
• Both private individuals and companies can take out an ING
Guaranteed Income insurance.
• You can take out insurance up to the
age of 50. The contract will always
end on the maturity date following
your 60th birthday.
• The annual guaranteed income ranges between 5,000 euros (minimum)
and 56,000 euros (maximum) .
• The insured income and the premium
increase 3% annually in comparison
with the initial subscription amount.
This means that you can be certain
of always being adequately covered.
• When you are declared unable to
work, the income you will receive
will depend on the level of disability.
• The income is payable monthly,
throughout the duration of your
incapacity to work (up to the age of
60). The first payment is at the end
of a grace period.
• It is you who determines the length
of the grace period: you have the
choice between 30, 60 and 90 days.
The longer the grace period, the
lower the premium.
Level of disability below 25%
No income is paid out
Level of disability equal to
or above 25% but
below 67%
The indemnity is paid out
proportionately to the level
of disability
Level of disability equal
to or above 67%
The income is paid out at
100%.
However, it is subject to a ceiling of 80% of your net taxable annual business income (plus operating profit if your business is run as a
one-person business), less any other insured disability benefits.
Main advantages
Characteristics
is over or, at the latest, on maturity,
• ING Guaranteed Income is a simple
product with extended cover.
• It is you who determines the amount
of income and the length of the
grace period.
• You can subscribe up to the age of
50.
• The premium is tax deductible as a
professional expense.
• For the first two years, young entrepreneurs (i.e. those who have been
in business for less than 18 months)
will receive a 50% discount, up to a
maximum of 250 euros a year, on
the premium payable.
• At the end of the two years and for
the next three years, self-employed
persons aged under 35 benefit from
a 10% discount on the premiums
payable on the ING Guaranteed
Income policy.
• Both private individuals and compa-
which follows your sixtieth birthday.
nies can take out ING Business
Main advantages
Protect insurance.
• You determine the amount of the
• You can subscribe up to the age of
50.
• The annual guaranteed income
ranges between 5,000 euros
(minimum) and 100,000 euros
(maximum). However, it is capped at
income.
• You can subscribe up to the age of
50.
• The premium is tax-deductible as a
professional expense.
• For the first two years, young entre-
90% of your company’s overheads.
preneurs (i.e. those how have been
• The insured income and the premium
in business for less than 18 months)
increase 3% annually in comparison
receive a 50% discount, up to a
with the initial subscription amount.
maximum of EUR 250 a year, on the
This means that you can then be
premium payable.
certain of having sufficient cover at
all times.
• If you repeatedly become unable to
work as a result of an illness or accident, ING Business Protect will pay
you an allowance for a maximum
period of 700 combined days over
the entire lifetime of the contract.
ING Business Protect
The income you receive will depend
The ING Business Protect insurance
protects you against the operating loss
you may suffer following an accident
or an illness. It covers the overheads of
your business and ensures its continuity
during your absence for a maximum
combined period of 700 days spread
over the entire lifetime of the contract.
on the level of your economic
disability1.
• The income is payable on a monthly
basis, with the first payment when
the mandatory grace period of 30
days ends.
• The contract ends when the maximum indemnity period of 700 days
1
Level of disability below 25%
No income is paid out
Level of disability equal
to or above 25% but
below 67%
The indemnity is paid out
proportionately to the level of
disability.
Level of disability equal
to or above 67%
The income is paid out at 100%.
Economic invalidity is the insured party’s reduced ability to work as a result of his physiological invalidity.
37
Life assurance
As we have already mentioned earlier,
your business is your life. Yet a mishap
can occur at any time. What would
happen if you were to pass away suddenly? How would your next-of-kin
settle your estate, repay your loans,
ensure your business continues, etc.
If you take out life assurance you can
spare them considerable financial
troubles.
Constant capital
life assurance
Constant capital life assurance is a
form of life assurance whereby you
can determine beforehand the capital
that your beneficiary would receive if
you were to die before the end of the
contract.
Characteristics
• You decide on the amount (12,250
euros minimum) to be paid to your
beneficiary upon your death.
• You are also free to decide on the
beneficiary and the length of the
policy.
• The premium you pay remains
unchanged throughout the entire
lifetime of the contract. It is payable
in advance.
1
38
• Both private individuals and companies can take out constant capital
life assurance.
• If you want to benefit from the tax
advantages in connection with longterm savings, you must appoint your
spouse or a second-degree relative1
as your beneficiary. If, on the other
hand, you want deduct the premiums as professional expenses, you
must take out the insurance in your
capacity as a company and appoint
your company as the beneficiary.
Main advantages
• It is up to you to determine the
amount of capital that will be paid
to the beneficiary(ies) in the event of
your death.
• You can choose the length of the
contract and the pace of the premium payments.
• The premium is tax-deductible as
professional expenses, or for the
purpose of long-term savings.
• For the first two years, young entrepreneurs (i.e. those who have been
in business for less than 18 months)
receive a 50% discount, up to a
maximum of 250 euros a year, on
the premium payable.
A child, grandchild, parent, grandparent, brother or sister.
Outstanding balance
insurance to cover a
commercial loan or an
instalment loan
Outstanding balance insurance is a
temporary life assurance, with
decreasing capital, covering all or part
of the outstanding balance on a loan.
Characteristics
• The capital insured depends on the
amount of the loan to which the
insurance is linked. You yourself
decide the percentage of the borrowed capital (100%, 50%, etc) that
you want to insure.
• The capital insured decreases as and
when you repay your loan.
• The insurance comes into force once
you draw down the first capital
amount of the loan. The nominal
amount of the loan (or the percentage you chose) is insured during
the drawdown period. Once you
have drawn down the total amount
of the capital, it will be the actual
debt that is insured, i.e. the outstanding balance of the loan yet to be
repaid (or the percentage you determined) plus the interest owed but
not yet fallen due.
• The duration of outstanding balance
insurance is variable, as it tracks the
development of the loan it covers.
When your loan matures, the capital
insured will drop to zero and your
outstanding balance insurance will
end.
• If you wish to benefit from the tax
advantages granted for long-term
savings, you must appoint your
spouse or a second-degree relative1
as the beneficiary. If you do not
want to deduct the premiums, you
can decide freely who will benefit
under the policy.
• If you wish to deduct the premiums
as professional expenses, you must
take out the policy as a business and
designate your company as the
beneficiary.
If the insurance secures a commercial
loan:
• you pay risk premiums throughout
the lifetime of the contract. The risk
premiums are recalculated each year
on the basis of the insured sum,
your age and your sex;
• premiums are payable monthly,
quarterly, half yearly or annually;
• the premiums decrease as and when
the capital you have insured goes
down.
If the insurance relates to an instalment
loan:
• you pay a single premium, which
will be debited to your account as
soon as the funds are available.
Supplementary Private
Pension for the
self-employed
Main advantages
The Supplementary Private Pension for
the self-employed is an individual life
insurance aimed at enabling both the
self-employed and company owners to
build up a supplementary pension at
fiscally attractive conditions.
• You spare your next of kin from
having to take over the (partial or
total) repayment of your loan in the
event of your death.
• As the capital insured decreases, you
can be certain that you will be neither
over- nor under-insured.
• The premium is tax deductible as
professional expenses or for the
purpose of long-term savings, under
certain conditions.
Pensions insurance
Your retirement is not just round the
corner; but as a self-employed person
it is better to prepare for it as you
should. The state pension system
linked to your status does not point
towards enticing prospects. But with
the Supplementary Private Pension for
the self-employed, you can provide
yourself with a supplementary pension
on terms that are particularly advantageous financially and from the point
of view of the tax benefits.
Characteristics
• It is up to you to determine the
amount of the premium you want
to pay.
• You can save a minimum of 600 euros
and a maximum of 2,571 euros a
year (income of 2006). For the first
three years of your self-employed
activities, the minimum amount2 can
be adapted according to your circumstances.
• Each premium benefits from a guaranteed interest rate (currently
2.50%) for the entire duration of
the contract. In addition to this basic
rate comes:
- a share in profits3, if your savings
reserve amounts to at least 495 euros,
or
- a super share in profits3, if the
annual sum of your premiums
amounts to a minimum of 595 euros.
1
A child, grandchild, parent, grandparent, brother or sister.
The minimum statutory amount is 100 euros.
3
Yearly, variable and not guaranteed.
2
39
• All the contributions you pay into
your private supplementary pension
are fully tax deductible as professional charges provided that the limits
are respected.
• Thanks to its “insurance” nature,
the private supplementary pension
for the self-employed enables you to
arrange modular cover in the event
of death, which amounts to 2,500
euros, and to appoint the beneficiary
of your choice for such cover in the
event of death.
Main advantages
• You save at your own pace: you determine the amount of the premium
you want to pay and you also choose
the frequency of your instalments.
• You benefit from profit sharing in
addition to the guaranteed annual
interest.
• You are free to appoint the beneficiary of the insurance in the event of
your death.
• Since the premiums are tax-deductible, the business income on which
your future social security payments
are based reduces accordingly,
which leads to a relatively substantial
reduction in your social security
charges.
The Business Insurance Plan
The Business Insurance Plan offers you
various practical, module-based property and casualty insurance packages,
that provide all the cover indispensable
for the conduct of your business as a
self-employed person: professional
indemnity insurance, legal expenses
insurance, vehicle insurance for business
vehicles, fire insurance for business
premises, and insurance against
accidents at work.
Characteristics
• All your insurance policies are grouped under a single contract with a
single renewal date.
• You pay one single premium.
• You can build up your package
yourself to reflect your needs.
• You can cancel any of the policies in
the package at any time.
Main advantage
• You group all your property and
casualty insurance policies under a
single contract.
For further information on our various insurance
packages, please see our folder “Insurance for
Professionals”, available from your Starters Adviser
or from your ING branch.
40
LIST OF INSURANCE POLICIES AVAILABLE COVERING RISKS LINKED TO YOUR BUSINESS AND YOUR PERSON
AND YOUR PRIVATE LIFE
Insurance policies linked to your business activity
Covered
Not covered
vehicle
expenses
Covered
Not covered
Covered
Not covered
cover
staff
• Professional
• Accidents
indemnity
at work
• Fire
• Motor
• Legal
Insurance policies linked to your person
• Guaranteed
• Business
income
Protect
• Constant
capital life
• Outstanding
• Private
balance
Supplementary Pension for the Self-employed
Insurance policies linked to your private life
• Third-party
liability cover for family members
• Fire
• Motor
vehicle
• Breakdown
• Household
41
Your bank, close at hand
Leading-edge technology
Discretion and security are of course
essential for your banking business,
even in the virtual world of the
Internet. ING has therefore spared no
effort in developing a trustworthy
security system.
When you use Home’Bank for the first
time, you must first install the security
module; this allows you to protect
information before it is transmitted.
Combined with your PIN, this process
guarantees faultless communication
with your bank.
The e-banking facility
You do not need to be computerliterate. From installation onward,
Home’Bank is particularly simple and
user-friendly. You can, amongst other
things, check your balances, make
payments, invest in the stock market
24 hours a day, etc.
You can even adapt the menus to
your personal needs: you simply add
the functions that you use the most to
your personalised menu. This gives
you immediate access to your bank at
all times.
Off/On-line solutions
42
In your day-to-day business you will
be faced with numerous obligations.
These may include the need to make
an urgent payment. All you have to
do is log on to your computer,
launch Home’Bank and enter the
transfer online.
If a number of operations have to be
carried out, it is better to use our
offline services. You can then enter
several transfers, obtain information
on your accounts and manage your
budget in a personalised way. You
then connect to the Internet and
submit all the transactions in a single
package. Your transmission time is
therefore limited to ten seconds or
so and your line is not kept busy
unnecessarily.
Banking at your convenience,
even from abroad
ING allows you to settle your banking
business at the time that suits you
best, without you even having to
leave your home or your workplace.
To do this, all you need is a PC
connected to the Internet and the
Home’Bank software. You can then
perform most of your day-to-day banking operations.
And if you are abroad, travelling privately or on business, the ING Digipass
allows you to sign your payments
remotely and simply without installing
any software. The Digipass is a small
device that looks like a pocket calculator. It generates a unique signature
using specific parameters for each
transaction.
Save time
All the movements on your accounts
are at your fingertips. With a simple
click of the mouse, you can access full
details and obtain information.
This information is saved on your PC
until you delete it. This means that you
can build up a transaction record.
You can then make searches using
criteria such as operation type,
amount, counterparty, etc.
Categories and filters have been
added to facilitate management
of large numbers of accounts.
You can therefore quickly find the
account(s) that you need via the payments input window. You can also
check the latest operations, print out
movements, execute standard or fixeddate transfers, and make direct debits
without even having to go to your
branch. With Home’Bank Plus you can
access all your accounts (private and
business). The facility also allows you
to benefit from higher transfer ceilings to meet your business needs.
Operations that require several signa-
Are you looking to set up as a member of the liberal professions, to become selfemployed or to create a small business? No matter which sector you choose, e-banking
will play a major role in your life: you have invoice payments to collect from customers,
suppliers to pay, cash flow to be monitored, etc. ING has a wide range of e-banking
solutions to offer to professionals through its Home’Bank Plus software.
You can therefore opt for the solutions that best respond to your needs and save yourself much of the time you would have spent in undertaking these tasks.
tures are dealt with without you
having to leave your desk. You can
also draw up lists of national or international beneficiaries.
What is more, you can take advantage of the possibility of being able
to delegate preparation of your payment orders to a member of your
staff without the latter having access
to your private accounts.
Finally, the Home’Bank Plus Business
option will allow you to import and
export files to and from your accounting software while complying with
the ciri/coda formats.
Access to Phone’Bank
When you take out a Home’Bank Plus
subscription, you automatically have
access to the Phone’Bank services.
Home’Bank Plus is your PC banking
service. Phone’Bank is your telephone
banking service. Phone’Bank is also
the Home’Bank help desk. Maybe you
do not, at a given moment, have
access to a computer but it is essential
that you make a payment? Or perhaps
you need to talk to an adviser about
ING investments? Or do you have a
question about Home’Bank? You can
settle all this quite simply by calling
Phone’Bank.
quickly calculates the sums deposited,
registers them automatically with the
correct value date and detects forged
notes, as well as providing you with
proof of payment - an additional
benefit that you will be quick to
appreciate.
The text service
As a subscriber to Home’Bank Plus and
Phone’Bank, you can ask for updated
information on your financial situation
by text. All you need do is dial 02 504
44 14. You will receive the balance of
your accounts by text message, with a
valuation of your share portfolio.
Depositing notes
Self’Bank now has a machine specifically designed to handle your banknote
deposits simply and safely. This device
INTERESTED IN THESE SERVICES?
Talk to an adviser at your branch or surf to our website
www.ing.be/professional. Our staff will be pleased to
help.
43
Your accounts
44
Simplified accounts
Full accounts
Books
•
Daily cash book: recording details of all
movements of cash in hand or at bank,
drawings other than operational (private use),
and daily cash balances.
• Daily purchases book: recording the
amounts, the dates and the payment
method for each operation.
• Daily sales book: recording the date,
the amount and the payment method for
each operation together with drawings
of goods for private use.
•
Journal: all operations must be recorded in a
single journal or in a series of specialised auxiliary
journals. In the case of the latter, the information
contained in the individual journals
must be consolidated in a control journal.
• All data must be systematically booked to
the accounts listed in the Company’s chart
of accounts.
Formal
conditions that
accounting
records must
meet
•
All journals must be numbered.
Certain books must be signed by the director
of the business.
• Books and receipts must be
kept for 7 or 10 years.
•
•
•
Receipts
• These
Chart of
account
•
Does not apply.
•
A plan appropriate to the nature and scope
of the activities of the business must be drawn up
in accordance with a standardised minimum
chart of accounts prescribed by royal decree.
Inventory
•
An inventory of all assets, liabilities, debts,
obligations and resources used for running
the business must be drawn up once a year.
•
Accounts must be reconciled with the data
on the inventory.
All books and journals must be numbered.
Certain books must be signed by
the director of the business.
• Books and receipts must be kept
for 7 or 10 years.
must be filed and held
Traders who are private persons and companies must keep accounts that correspond to the
nature and size of their business. Retailers 1 may, however, keep “simplified accounts”. The
following table sets out the main obligations to be observed depending on whether simplified accounts or full accounts are kept. As far as obligations regarding full accounts are
concerned, we will limit ourselves in this brochure to mentioning those applying to small
businesses that can submit their annual accounts under the abridged system. By small
business we mean those with legal personality that did not exceed the following limits in
the last financial year closed:
Annual average number of workers employed: 50;
• Annual turnover, excl. VAT: 7,300,000 euros;
• Balance sheet total: 3,650,000 euros.
•
Continued
Simplified accounting
Full accounts
It must contain details of the following:
• stocks;
• all debts of the business;
• assets;
• net worth;
• cash in hand and at bank;
• other assets (machinery, buildings, etc).
Annual accounts
•
Does not apply.
The annual accounts (financial statements) may be
drawn up on the basis of the abridged system2.
• An updated summary of accounts must also be drawn
up. This constitutes the financial statements of the
business (balance sheet,profit, income statement and
notes to the accounts).
• Companies limited by shares, private limited liability companies, limited liability partnerships and partnerships limited by
shares must lodge their financial statements with the National
Bank of Belgium within 30 days of their approval by the
General Meeting. They can be lodged in hard copy or on disk.
• At 1 January 2006, the charges for depositing
financial statements were as follows (incl. VAT):
- Hard copy: • abridged system: 192.34 euros
• rectified deposit: 62.56 euros
• abridged system: 168.14 euros
- On disk:
• rectified deposit: 62.56 euros
During office hours, an Internet download is now possible
on the site www.bnb.be. The charges can be paid by credit
or debit card.
•
1
This means sole traders, general partnerships and ordinary limited partnerships whose annual turnover, exclusive of VAT, does not exceed
495,787.05 euros (or 619,722.81 euros with regard to petrol stations and firms selling means of transport).
2
This system does not, for example, mention turnover or the cost of raw materials, but does give the gross operating margin in the income statement
45
In principle, all commercial companies and certain liberal
professions are subject to value added tax. They must
therefore apply VAT at the prevailing rate when they
invoice their sales and are entitled to recover VAT paid on
their own purchases, subject to certain rare exceptions.
Your VAT return
Exemption from VAT
Small businesses whose annual turnover does not exceed 5,580 euros
(excluding VAT) do not need to charge
VAT on the goods and services they
provide. They cannot show this tax on
their invoices or on documents serving
as invoices.
In addition, they are not entitled to
deduct from their tax the VAT they
have paid on the goods and services
that they use to conduct their business.
Only highly simplified accounts need
be kept, so that the small business can
show that its annual turnover does not
exceed 5,580 euros and so the VAT
authorities can check that this condition is still met. These small companies
46
must advise the VAT authorities of their
total turnover for the previous year by
31 March, and provide a list of customers who are subject to VAT. Persons
conducting their business under the VAT
exemption scheme must register with
the VAT authority and will be given a VAT
number preceded by the letters VR.
They can opt for a different scheme.
Frequency of VAT returns
All persons subject to VAT must submit a regular return. The frequency of
the VAT returns varies according to the
level of turnover. The returns must be
lodged by the 20th of the month following the period concerned.
Turnover
Frequency of the returns
< EUR 1,000,000 (excl. VAT)
Every 3 months. In this case, monthly payments
on account must be made for VAT
> EUR 1,000,000
Every month. However, a payment on account
must be made in December.
> EUR 200,000 (excl. VAT)
In the mineral oil, mobile
telephones and accessories,
IT and accessories, and
motor vehicles sectors
Every month. However, a payment on account
must be made in December.
Information to be provided
Your declaration must indicate:
the VAT charged (on sales);
the VAT paid (on purchases) and, in
this case, it must show the proportion
of VAT relating to the investments
made by the business
If the VAT charged is higher than the
VAT paid, the balance must be paid to
the State. The balance will otherwise
be carried forward to the next period
or be repaid. Repayment is by transfer
to a credit establishment, provided
that the institution has been duly
authorised by the taxpayer concerned.
It will soon be possible to lodge VAT
returns by electronic means. You will
find further information on this point
on the website of the FPS Economy,
SME’s, Self-employed and Energy:
www.minfin.fgov.be.
•
•
The following information must also
be provided:
A LIST OF CUSTOMERS SUBJECT TO VAT
A list showing the names of the
customers concerned and the total
amount of their operations and the
VAT charged must be submitted each
year.
THE INTRA-COMMUNITY LISTING
If the business undertakes intra-community supplies of exempt goods or
similar operations it must submit an
intra-community list for VAT.
cannot precisely determine their
of the month following the
THE STATISTICAL LIST
turnover and is limited to certain
period to which the return relates.
In certain cases, a statistical list must
be sent to the National Statistical
Institute (Intrastat listing).
categories of business. The authori-
Any failure to do so will result in fines
ties therefore fix a default turnover
and interest on arrears (0.8% per
once a year that serves as the basis
month in arrear).
for calculating VAT collected on sales.
The flat-rate VAT system
However, the taxpayer is free to
This system applies to taxpayers in
certain sectors of the retail trade
(bakeries, butchers, hairdressers, etc)
whose annual turnover is les than
750,000 euros (excl. VAT) and at
least 75% of which is obtained
without issuing invoices.
choose between the standard treat-
This system applies to those who
Treasury must pay that tax by the 20th
ment and the flat-rate treatment.
Moreover, the choice is not definitive.
Payment of VAT
A person submitting a VAT return that
shows that tax is payable to the
Applicable VAT rates
Comment
• Certain newspapers and
certain periodicals providing
general information and
appearing at least 50 times
a year are zero rated for
VAT purposes.
6%
This reduced rate applies in particular to:
• drugs
• the private residential housing construction sector in
respect of work undertaken on homes over 5 years old;
• essential goods and services
12%
This rate applies to goods and services such as:
• coal;
• pay TV
21%
This rate applies to all goods and services that cannot
benefit from the reduced or 12% rates.
47
In this chapter, we briefly mention the tax treatment
for the self-employed and more especially for company
directors. We would nonetheless suggest you consult a
publication specially devoted to this subject to obtain a
more complete picture of the tax treatment that will
apply to you as a private person
Tax on your business
Tax payable by the
self-employed
The income of self-employed people
established as natural persons is
deemed to be personal income for tax
purposes. The net amount of such
income, obtained after deducting taxallowable business expenses, is subject
to personal income tax (impôt des
personnes physiques/personenbelasting - IPP/PB) based on a sliding scale
of rates (see table, page 49).
Tax payable by company
directors
A company director is a private person
who:
• is mandated to act as a director,
general manager, liquidator or the
like;
• holds a senior job or position within
the company that is concerned with
day-to-day management, of a commercial, technical or financial nature,
without a contract of employment.
We shall only mention a few of the
various items here that may constitute
the tax base for company directors.
Interest-bearing advances
Interest on advances (i.e. on any cash
loan, whether or not represented by
shares) that a private person makes to
a company or partnership of which he
is a shareholder or partner, or that a
private person grants to a company
for which he is mandated to act as or
perform the tasks of the manager of
the business1 are treated as dividends
where that interest is above the market
rate or where the total amount of the
interest-bearing advances exceeds the
company’s total taxed reserves at the
start of the tax period concerned, and
the total capital paid at the end of
that period.
If that interest qualifies for treatment
as dividends, it is subject to withholding
tax at a rate of 25% and cannot be
deducted from the company’s tax as a
business expense. If it is treated as
interest, it is subject to a 15% rate.
Rents deriving from letting a property
to the company
A company director may rent out to
his company a building or land of which
he himself is the owner. In principle,
the rent that he is paid for the property
is deemed to be income from property
and is taxed at only 60% (after a lump
sum deduction, generally at 40%).
Tax may also be further reduced by
deducting interest paid on loans
contracted with a view to acquiring or
maintaining property that generates
income. It should also be noted that
income from immovable property is
not subject to social security
contributions.
In order to prevent abuse, letting income that company directors derive from
renting real property to the company in
which they hold a position as director,
general manager, liquidator or the like
is treated as professional income where
it exceeds certain ceilings. The rent
that the company pays is deductible
from its taxable income.
Income from the professional activities
undertaken by company directors
Such income consists of various items,
the most important of which is professional remuneration. Statutory wagebill tax (précompte professionnel/
bedrijfsvoorheffing) is withheld on
remuneration paid to company directors and does not derogate from the
obligation to make tax payments on
account.
WHAT CAN COMPANY DIRECTORS DEDUCT?
Company directors may deduct from
their professional income the amount
they pay in social security contributions and the premiums for minorrisks insurance that they pay to a
1 This also applies to cash loans granted to the company by a spouse or by children if the person concerned or his or her spouse have legal
48
disposal over the company`s income.
mutual health insurance fund.
Other business expenses are similarly
deductible.
HOW ARE DEDUCTIBLE EXPENSES
DETERMINED
Either on a lump-sum basis, i.e.
they represent 5% of gross income
(after deduction of social security or
similar contributions) received as a
company director, subject to a
maximum deductible ceiling of
3,200 euros (tax year 2007);
• or on the basis of certificates and
receipts. This is, of course, only
worthwhile if the actual expenses
exceed the lump sum. Actual
expenses include interest paid on
•
capital borrowed in order to purchase shares in the company –
except by subscription – from
which remuneration is periodically
received and, under certain conditions, sums devoted to settling the
company’s losses.
Private persons may also benefit
from a tax credit calculated on the
basis of the increase in investment in
the business made by the person
concerned. The tax credit is 10%,
subject to a ceiling of 3,750 euros.
An additional deduction of 3.5% to
13.5% on certain new investments is
also possible. As from 2006, notional
interest may likewise be deducted in
proportion to the company’s net worth.
Losses
Business losses sustained by a oneperson business in previous tax periods
may be recovered, without limitations
in time or as to amount. Losses
sustained by either spouse may be
deducted from the other spouse’s
income. Any residual loss after this
offset may be carried forward to
future tax periods.
Personal income tax scales
To avoid the surcharge levied
in the absence of payments of
Tax year 2007 (income in 2006)
tax on account and to avoid
25% on income falling within the bracket
0.01 – 7,290 euros
having to pay a substantial
30% on income falling within the bracket
7,290 – 10,380 euros
40% on income falling within the bracket
10,280 – 17,300 euros
45% on income falling within the bracket
17,300 – 31,700 euros
50% on income falling within the bracket
> 31,700 euros
sum unexpectedly, remember
that ING can help you with
your loans (see page 34).
49
If you are intending to set up a
company, remember that your
profits will be subject to corporation tax. We cannot go into every
detail of the associated obligations
in this brochure.
We shall therefore limit ourselves
here to describing some general
aspects.
Tax payable by a company
The items that make up the
tax base for companies
Retained earnings (reserves)
Dividends allocated or distributed to
members (private limited liability
companies, limited liability partnerships, unlimited liability cooperative
societies) or shareholders (companies
limited by shares)
• Non-deductible expenditure
• Excess interest paid on interestbearing advances1. If this interest is
treated as dividends for tax purposes,
this must be included in your tax
base.
•
•
Deductible items
All remuneration (of any kind) paid
to company directors is treated as a
deductible charge for the company.
• Employers’ social security contributions, workers’ pay, expenses relating
to benefits of any kind and group
insurance premiums are deductible
by the company.
•
Losses
For tax purposes, a company that
1
50
sustains losses can recover them
without limitation in time or amount.
In the event of a takeover or change
in control of the company during the
tax period, this possibility ceases to
exist, unless the takeover or change
in control meets legitimate needs of
a financial or economic nature.
The basic rate of tax
It is sufficient for one of the following
conditions to be met for the basic rate
to apply:
• taxable income is over 322,500 euros;
• the company distributes dividends in
excess of 13% of paid up capital at
the start of the tax period;
• at least 50% of the certificates representing the share capital are held by
one or more other companies (the
company itself not being an approved
partnership (société en commandite
/commanditaire vennootschap SC/CV);
• the company other than an approved partnership and has not paid a
minimum of 33,000 euros in the tax
period to at least one company
director. For companies whose taxable income does not exceed 33,000
euros, the reduced rate of tax continues to apply if the highest remuneration (paid to a company director in
the tax period) is equal to or exceeds
the company’s taxable income;
• the company forms part of a group
which includes an approved coordination centre;
• the company is an approved coordination centre, company in an
employment zone, or is an open-end
investment fund (société d`investissement à capital variable/beleggingsvennootschap met veranderlijk kapitaal – SICAV/BEVEK), closed-end
investment fund (société d`investissement à capital fixe/beleggingsmaatschappij met vast kapitaal SICAF/BEVAK) or loan investment
fund (sociétés d'investissement en
créances/vennootschap voor belegging in schuldvorderingen - SIC/VBS);
• the company is other than an approved partnership and has equity holdings with an investment value of
more than half of the revaluation
In this respect we refer to the definition in the previous chapter “Taxes on your professional activities” and more specifically to the information
about taxes of the company director.
value of the paid up capital or of the
paid up capital plus taxed reserves
and capital gains booked (with the
exception of active, permanent participating interests representing at
least 75% of the paid up capital of
the company issuing the shares).
Special issues in relation
to tax
Capital duty
In principle, the contribution of real
estate to a company is exempt from
capital duty (droit d`apport/kapitaalsbelasting). However, where it relates to
the contribution by a private person of
“residential property” located in
Belgium, capital duty is charged at a
rate of 12.5%. In the Flemish region,
however, this 12.5% rate was reduced
to 10% on 1 January 2002.
contribution. In these cases, the contribution is fully exempt from registration
duty.
Special levy on
undeclared commission
A special levy of 309% is payable on
charges not adequately justified by
salary slips or by other documents
(commission, undeclared remuneration
and concealed profits that are not part
of the company’s assets). However, the
company may deduct this special
contribution as business expense.
For tax purposes, a
company that sustains
losses may recover
them without
limitation in time
or amount
Corporation tax reform
Standard rate
33% + SCL1 =
33,99%
Reduced rate
24.25%+ SCL =
24,98%
0.01 – 25,000 euros
31%+ SCL =
31,93%
25,000 – 90,000 euros
34.5%+ SCL =
35,54%
90,000 – 322,500 euros
33%+ SCL =
33,99%
322,500 euros
Mixed contribution
A contribution of real estate (mortgaged or not) whereby the company
takes up part of a debt (mortgage or
otherwise) of the contributor calls for
particular attention. This is what is called a mixed contribution. This type of
contribution is partially subject to
registration duty (droits d'enregistrement/registratierechten) of 12.5%.
The mixed contribution rule does not
apply where the contribution relates to
a branch of activity or is a whole asset
1
SCL: Supplementary Crisis Levy (contribution complémentaire de crise/aanvullende
crisisbijdrage)
Please note: In order to avoid an increase in their tax bill, companies must pay tax on account. For further information please see
the chapter on “Help with loan financing from ING”, Page 34.
51
The obligations when engaging staff are numerous. Crucial are those relating to registration
for social security, registration with a family allowances fund (Caisse nationale de compensation pour allocations familiales/Nationaal kinderbijslagfonds), with a holiday pay fund
(caisse de vacances/vakantiefonds), joining an occupational health service, setting up an
internal organisation for accident prevention and protection at work, taking out of insurance
against industrial accidents and, finally, setting up a staff register and drawing up rules of
employment. We shall discuss these various approaches in detail in this chapter.
Obligations of the company
in engaging staff
Registering
for social security
As soon as it appoints its first
employee, the company must be
registered as an employer with the
National Office for Social Security
(Office national de la sécurité sociale/Rijksdienst voor Sociale Zekerheid ONSS/RSZ) through an approved
payroll office (secrétariat social/sociaal secretariaat).
• It will be noted in passing that the
National Office for Social Security
allots only one registration number
per business, even if the company
has several places of business or if it
conducts various different kinds of
activity.
• Contributions are paid by the company to the National Office for Social
Security, which sees to their distribution amongst the various organisations concerned.
• The frequency and amount of the
•
contributions depends on the number
of workers employed by the business
and the total gross payroll.
Contributions must be paid by the
last day of the month following the
quarter for which the contributions are
payable. Payments must sometimes
be made in advance. See the table
below.
Registration with a family
allowances fund
The company must registered within
90 days of its first employee being
engaged. This obligation must be met
even if the company’s staff do not fulfil
the criteria for eligibility for family allowances. You may register with the
family allowances fund of your choice.
Registration with
a holiday pay fund
Only employers who employ manual
workers and apprentices need register
with a holiday fund. In contrast with
non-manual staff, holiday pay for
manual staff and apprentices is not, in
fact, paid directly by the employer to
those concerned.
Joining an external accident
prevention and protection at
work organisation
All employers must join a body of this
kind even if they employ only one
member of staff.
Exception: an employer who only
employs family members up to the
third degree or, servants and household staff.
The service undertakes the following
duties:
• staff medical checks;
• detection of industrial diseases and a
check on health measures within the
company;
• advice and assistance for the
employer on worker welfare;
Frequency of quarterly contributions
If the company has paid at least 6,197.34 euros in social security contributions to
the National Office for Social Security in the previous quarter, the monthly advances must be paid (on the 5th of the following month) amounting to 30% of the
amount of the social security contributions due for the previous quarter.
52
Comment:
Interest will be
charged on arrears.
advice and assistance for the
employer on health and safety in the
workplace;
• advice and assistance for the
employer and personnel on problems
with harassment at work
liability in this regard through an
accredited insurance company.
Setting up an internal
accident prevention and
protection at work
department
The employer must keep a register of
his staff and draw up rules of employment dealing with such matters as
working hours, pay, safety precautions, etc.
The company’s rules of employment
must, of course, take account of the
collective labour agreements for the
sector to which the business belongs.
In this regard, a potential employer
can usefully consult the payroll office
with which the company is registered.
Each time staff are engaged of leave
the company, the employer must
submit, by e-mail, an “official employment notification” (déclaration immediate/onmiddellijke aangifte DIMONA) .
This DIMONA notification has applied
to all sectors generally since 1 January
2003 and replaces the previously
applicable staff register.
•
The employer is required to set up an
internal accident prevention and
protection at work department. The
department assists the employer in
dealing with employee welfare. If the
internal department cannot discharge
all of the duties required of it, the
employer must call on the services of
an external accident prevention and
protection at work organisation. The
business must set up a committee for
accident prevention and protection at
work as soon as it has more than 50
employees.
Taking out insurance
against industrial accidents
Businesses are required to pay compensation in the event that any injury
is sustained by staff as the result of
accidents in the workplace or on the
way to work1 and must cover its
1
Setting up a staff register
and filing an official
employment notification
must, in principle, notify the
Commission for the Protection of
Privacy (Commission pour la Protection
de la vie privée/Commissie voor de
Bescherming van de persoonlijke
levenssfeer) accordingly. Certain operations (which can reasonably be expected not to pose a threat to the privacy
of the persons concerned) are exempt
from this notification requirement.
The mutual health
insurance fund
The employer must ensure that each
member of his personnel joins a
mutual health insurance fund and is
allocated a pension number.
Processing of
personal data
Any company that processes and
keeps personal data on its employees
Medical care, loss of pay following temporary or permanent incapacity for work, survivor`s pension, etc.
53
Changes during
the lifetime of a business.
Developing and adapting will be a prerequisite for the
success of your plans. As an entrepreneur, you must be able
to adapt to new economic conditions, develop new products
or services and integrate new technologies. All these
strategic decisions are reflected in the major legal decisions
that you will find set out in the following table.
54
‘SA/nv’ public limited company
Acquisition by the
company of assets
belonging to a founder,
a shareholder
or a director
•
Acquisition by the company, within two years of its formation, of assets belonging to a
founder, shareholder or director valued at least one tenth of the subscribed capital must
be the subject of a report by the duly appointed (statutory) auditor and a special report by
the board of directors.
• Any such acquisition must be approved by the general meeting beforehand.
Transferability of shares
•
Appointment,
resignation and
dismissal of directors
•
Amendment to
the articles of
association
•
Capital increase
•
Capital reduction
•
A decision to reduce the capital must be passed by the general meeting in accordance with
the same rules as for changes to the articles. If the reduction is made by means of a
repayment to shareholders or by total or partial dispensation from payment of the balance of
contributions, the law provides for a procedure to protect creditors
Transfer of the
registered office
•
The articles of association may empower the board of directors to transfer the registered
office; in this case, the transfer will not require a change to the articles of association but, to
be effective with respect to third parties, must always be published in the manner prescribed
by law (lodging with the clerk of the commercial court and publication in the Appendix to
the Belgian Official Gazette).
Funding the
acquisition of shares
•
Legally, shares are freely transferable, but the articles of association or agreements may
impose restrictions within certain limits.
Directors are appointed and dismissed by the general meeting.
• Documents concerning the appointment and end of a term of office of directors must be
lodged with the clerk of the commercial court for publication in excerpt form in the
Appendix to the Belgian Official Gazette.
The general meeting can only pass a valid resolution to amend the articles if the subject matter
of the proposed change is indicated in the convening notices, if all the shares are present or
represented at the general meeting amount to at least 50% of the capital (a new general
meeting must otherwise be convened which can decide, irrespective of the number of shares
present or represented) and if the proposed change is approved by a majority of three quarters
of the votes cast, or four fifths where a change in the company’s objects is concerned.
• A notarised deed is required. An excerpt from the deed must be lodged with the commercial
court within a fortnight for publication in the Appendix to the Belgian Official Gazette.
• The consolidated articles of association must be lodged with the clerk of the court and notice
of the fact that this has been done is published in the Appendix to the Belgian Official Gazette.
A resolution to increase the capital must be passed by the general meeting in accordance
with the same rules as for changes to the articles. Where the articles provide for this to be
done, the board of directors may also, within certain limits, approve a capital increase in
relation to what is called the “authorised capital”.
• If the capital is increased by a cash contribution, the funds must first be deposited in a special
account opened in the company’s name.
• In the case of a contribution in kind, the contributed assets must be the subject of two special
reports, one issued by the company’s duly appointed auditor, and the other by the board of
directors.
A person purchasing a company who does not have sufficient funds to acquire its shares
cannot call on the liquid or other assets of the company that he is purchasing in order to
finance the acquisition; in fact, a company limited by shares cannot lend funds or grant loans
or provide security with a view to the purchase of its shares by a third party.
• The one exception to this is where the purchase is made by members of the company’s personnel.
55
Limited liability company (SPRL/bvba)
56
Acquisition by the
company of assets
belonging to a founder,
a shareholder
or a director
•
Acquisition by the company, within two years of its formation, of assets belonging to a
founder, shareholder or general manager of the company and valued at least one tenth of
the subscribed capital must be the subject of a report by the duly appointed independent
auditor or a company auditor and a special report by the general manager/management board.
• Any such acquisition must be approved by the general meeting beforehand.
Transferability of shares
•
Appointment,
resignation and
dismissal of directors
•
Amendment to the
articles of association
•
Capital increase
•
Capital reduction
•
A decision to reduce the capital must be passed by the general meeting in accordance with the
same rules as for changes to the articles of association. If the reduction is made by a repayment
to shareholders or by total or partial dispensation from payment of the balance of contributions,
the law provides for a procedure to protect creditors.
Transfer of the
registered office
•
The articles of association may empower the board of directors to transfer the registered office; in
this case, the transfer will not require a change to the articles of association but, to be effective with
respect to third parties, must always be published in the manner prescribed by law (lodging with
the clerk of the commercial court and publication in the Appendix to the Belgian Official Gazette).
Funding the
acquisition of shares
•
Unless the articles of association impose more restrictive requirements, shares can be transferred
only with the approval of at least half of the shareholders, who must hold at least three quarters
of the capital after deducting the rights for which the transfer is proposed.
• However, this rule does not apply if the transfer is made to another shareholder, the transferor’s
spouse, his relatives in direct ascending or descending line, or any other person approved
under the articles of association.
•
General manager(s) are appointed and dismissed by the general meeting.
Documents concerning the appointment and end of a term of office of general managers
must be lodged with the clerk of the commercial court for publication in excerpt form in the
Appendix to the Belgian Official Gazette.
The general meeting can only pass a valid resolution to amend the articles if the subject
matter of the proposed change is indicated in the convening notices, if all the shares present
or represented at the general meeting amount to at least 50% of the capital (a new general
meeting must otherwise to be convened which can decide, irrespective of the number of
shares present or represented), and if the proposed change is approved by a majority of three
quarters of the votes cast, or four fifths where a change in the company’s objects is concerned.
• A notarised deed is required. An excerpt from the deed must be lodged with the commercial
court within a fortnight for publication in the Appendix to the Belgian Official Gazette.
• The consolidated articles of association must be lodged with the clerk of the court; notice of
the fact that this has been done is published in the Appendix to the Belgian Official Gazette.
A resolution to increase the capital must be passed by the general meeting in accordance with
the same rules as for changes to the articles of association. The articles of association may
authorise the general manager/management board to increase the capital in accordance with
the procedure for authorised capital.
• If the capital is increased by a cash contribution, the funds must first be deposited in a special
account opened in the company’s name.
• In the case of a contribution in kind, the contributed assets must be the subject of two special
reports, one issued by the company’s duly appointed auditor, the other by the general manager/
management board.
A person purchasing a company who does not have sufficient funds to acquire its shares
cannot call on the liquid or other assets of the company that he is purchasing in order to finance
this acquisition; in fact, a private limited liability company cannot lend funds or grant loans or
provide security with a view to the purchase of its shares by a third party.
• The one exception to this is where the purchase is made by members of the company’s personnel.
One-person private limited liability company (SPRLU/ebvba)
Acquisition by the
company of assets
belonging to a founder,
a shareholder
or a director
•
Acquisition by the company, within two years of its formation, of assets belonging to a
founder, shareholder or general manager of the company and that are valued at least one
tenth of the subscribed capital must be the subject of a report by the duly appointed
auditor or a company auditor and a special report by the general manager/management board.
• Any such acquisition must be approved by the general meeting beforehand.
Transferability of shares
•
Appointment,
resignation and
dismissal of directors
•
Amendment to the
articles of association
•
Capital increase
•
Capital reduction
•
Transfer of the
registered office
•
Funding the
acquisition of shares
•
The sole shareholder is entitled to transfer the company’s shares.
• It should be noted that if the shares are not all to be transferred to one person, any subsequent
transfer will be subject to the rules applicable to a private limited liability company.
•
General manager(s) are appointed and dismissed by the general meeting.
Documents concerning the appointment and end of a term of office of general managers
must be lodged with the clerk of the commercial court for publication in excerpt form in the
Appendix to the Belgian Official Gazette.
A resolution to amend the articles of association can be validly passed by the general
meeting, consisting of the sole shareholder.
• A notarised deed is required. An excerpt from the deed must be lodged with the commercial
clerk within a fortnight for publication in the Appendix to the Belgian Official Gazette.
• The consolidate articles of association must be lodged with the clerk of the court; notice of the
fact that this has been done is published in the Appendix to the Belgian Official Gazette.
A resolution to increase the capital must be passed by the general meeting, consisting of the
sole shareholder, in accordance with the same rules as for changes to the articles of association.
The articles of association may authorise the general manager/management board to increase
the capital in accordance with the authorised capital procedure.
• If the capital is increased by a cash contribution, the funds must first be deposited in a special
account opened in the company’s name.
• In the case of a contribution in kind, the contributed assets must be the subject of two special
reports, one issued by the company’s duly appointed auditor, the other by the general manager/
management board.
A decision to reduce the capital must be passed by the general meeting in accordance with the
same rules as for changes to the articles of association.
• If the reduction is made by a repayment to shareholders or by total or partial dispensation from
payment of the balance of contributions, the law provides for a procedure to protect creditors.
The articles may empower the board of directors to transfer the registered office; in this case,
the transfer will not require a change to the articles of association but must, to be effective
with respect to third parties, always be published in the way prescribed by law (lodging with the
clerk of the commercial court and publication in the Appendix to the Belgian Official Gazette).
A person purchasing a company who does not have sufficient funds to acquire its shares cannot
call on the liquid or other assets of the company that he is purchasing in order to finance this
acquisition.
• In fact, a one-person private limited liability company cannot lend funds or grant loans or provide
security with a view to the purchase of its shares by a third party.
• The one exception to this is where the purchase is made by members of the company’s
personnel.
57
Cooperative company with limited liability (SCRL/cvba)
58
Acquisition by the
company of assets
belonging to a founder
a shareholder or
a director
•
Acquisition by the company, within two years of its formation, of assets belonging to a founder,
shareholder or general manager valued at least one tenth of the subscribed capital must
be the subject of a report by the duly appointed auditor or a company auditor and a
special report by the directors.
• Any such acquisition must be approved by the general meeting beforehand.
Transferability of shares
•
Appointment, resignation
and dismissal
of directors
•
Amendment to the
articles of association
•
Capital reduction
or increase
•
Transfer of the
registered office
•
Funding the
acquisition of shares
•
Unless the articles of association state otherwise, shares may be transferred to other shareholders
or to third parties or categories of third parties mentioned in the articles of association.
• If the articles of association permit shareholders to withdraw from the company, they can
only resign in the first six months of the financial year.
• Any shareholder may also be excluded for a compelling reason or on any other grounds
indicated in the articles of association.
The general meeting appoints and dismisses the managing directors in accordance with the
procedures laid down in the articles of association.
• An excerpt from the documents concerning the appointment and end of the term of office
of directors and that bears their signature will be lodged with the clerk of the commercial
court, where they can be consulted by the public free of charge.
• Documents concerning changes to or the end of the term of office of the general manager
must also be published in excerpt form in the Appendix to the Belgian Official Gazette.
An unanimous vote is required, in principle, to change the articles of association, unless
otherwise provided by the articles themselves.
• A notarised deed is necessary.
The original nature of a cooperative company lies in the variability of its share capital, apart
from the fixed portion.
• Since the amount of the fixed capital is decided in the articles of association, it can be changed
only under the terms and conditions laid down for amendment of the articles of association.
• The variable part of the capital fluctuates depending on the admission, exclusion, death,
resignation, etc., of shareholders without any such variation requiring a change to the articles
of association.
• If the fixed portion is increased by a cash contribution, the funds must first be deposited in a
special account opened in the company’s name.
• In the case of a contribution in kind, the contributed assets must be the subject of two special
reports, one issued by the company’s newly appointed auditor, the other by the managing
directors.
The articles may empower the board of directors to transfer the registered office; in this case, the
transfer will not require a change to the articles of association but, to be effective in respect
of third parties, must always be published in the manner prescribed by law (lodging with the
clerk of the commercial court and publication in the Appendix to the Belgian Official Gazette).
A person purchasing a company who does not have sufficient funds to acquire its shares
cannot make call on the liquid or other assets of the limited liability company that he is
purchasing in order to finance this acquisition: in fact, a limited liability partnership cannot
lend funds or grant loans or provide security with a view to the purchase of its shares by a
third party.
• The one exception to this is where the purchase is made by members of the company’s
personnel.
Cooperative company with unlimited liability (SCRI/cvoa)
Acquisition by the
company of assets
belonging to a founder
a shareholder or
a director
• No
special formalities
Transferability of shares
•
Appointment, resignation
and dismissal
of directors
•
Amendment to the
articles of association
•
Capital reduction
or increase
•
Transfer of the
registered office
•
The articles of association may empower the board of directors to transfer the registered
office; in this case, the transfer will not require a change to the articles of association but, to
be effective in respect of third parties, must always be published in the manner prescribed by
law (lodging with the clerk of the commercial court and publication in the Appendix to the
Belgian Official Gazette).
Funding the
acquisition of shares
•
No special rules apply to unlimited liability cooperative societies.
Unless the articles of association provide otherwise, shares may be transferred to other share
holders or to third parties or categories of third parties mentioned in the articles of association.
Please note that shares representing contributions in kind can be transferred only ten days
after the second balance sheet following its formation has been filed.
• If the articles of association permit shareholders to withdraw, they can only resign in the first
six months of the financial year. Any shareholder may also be excluded for a compelling reason
or on any other grounds indicated in the articles.
The general manager appoints and dismisses the directors in accordance with the
procedures laid down in the articles of association.
• An excerpt from the documents concerning the appointment and the end of the term of
office of directors and which bear their signature must be lodged with the clerk of the
commercial court, where they can be consulted by the public free of charge.
• Documents concerning changes in or termination of the term of office of the general manager
must also be published in excerpt form in the Appendix of the Belgian Official Gazette.
A unanimous vote is required in principle to change the articles of association, unless
otherwise provided for in the articles of association.
• A notarised deed is necessary if the articles of association were drawn up by a notary in due
legal form.
The original nature of a cooperative society lies in the variability of its share capital, apart
from the fixed portion.
• Since the amount of the fixed capital is decided in the articles of association, it can be
changed only under the terms and conditions laid down for variation of the articles of
association.
• The variable part of the capital fluctuates depending on the admission, exclusion, death,
resignation, etc, of shareholders, without any such variation requiring a change to the articles
of association.
59
Changes during the lifetime
of your business
You will have a great many questions
before starting up your business and
yet, here we are already talking about
the main legal changes that you may
have to face in the future. However, it
is not unusual, in our business, to hear
people regretting their failure to take
action right at the start to anticipate
one or other event that subsequently
affected the implementation of their
business plans.
down on the blank sheets below the
future developments that you intend
to make to your initial plans and the
statutory requirements that you will
need to meet in order to put them
into effect.
We therefore suggest that you note
Briefly describe the future developments that would be added to your initial plans.
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60
Conclusion
In drawing up this brochure, we wanted to draw your attention to a
whole series of aspects to be considered when you decide to start up a
business, open your own office or to set up business on your own. Of
course, this document is far from being exhaustive and you may still
have many questions that need to be answered. Because setting up
your own business is no easy matter, and motivation and enthusiasm are
unfortunately not enough, careful preparation of a business plan is an
undeniable advantage if your business is to be successfully set up.
If, in addition, you can obtain the advice of specific “start-up” consultants who will keep you informed right up to the effective start of your
activities, you will have really altered the balance in your favour. So,
don’t hesitate to consult the appendices and the list of useful addresses
attached to this brochure. You can find details there of the specialists
– institutions or persons – who will answer specific questions that you
may have and provide you with detailed information on on all matters.
Once you have drawn up the business plan for your venture, do not
hesitate to discuss it with ING Starters Advisers. They will place their
professional knowledge and experience at your disposal to guide you
towards suitable solutions for your requirements and thereby ensure
that your start-up plans have the best chance of success.
We wish you every success and the best of luck …
61
Appendices
Appendix 1:
List of regulated trades and
professions
• Baker/pastry cook
• Beautician
• Bicycle mechanic
• Body builder/repairer
• Brickwork and concrete contractor
• Building water tightness contractor
• Caterer/banquet organiser
• Ceiling/cement maker
• Central heating installer
• Cold meat seller
• Demolition contractor
• Dental technician
• Garage man/repairer
• Glazier
• Hairdresser
• Illuminated sign manufacturer/
installer
• Individual appliance gas heating
installer
• Installer/electrician
• Installer/refrigerator specialist
• Joiner/carpenter
• Liquid fuel retailer
• Marble worker
• Moped mechanic
• Motorbike mechanic
• Non-metallic building cover
contractor
• Optician/ophthalmist
• Painter
• Pavier
• Sanitary fitting and plumbing
installer
• Second-hand car salesman
• Stone cutter
• Undertaker
• Upholsterer/wall and floor covering
fitter
• Zinc work and building metallic cover
contractor
62
Appendix 2:
Trades and professions
subject to specific
regulations
The liberal and intellectual
professions
The conduct of certain liberal professions is governed by a special act and
is therefore authorised only for holders
of the necessary certificates or diplomas.
In certain cases, depending on the
Institute or Society governing the profession, certain additional proof of
skills must be provided, such as the
completion of traineeships or proof of
a measure of professional experience.
The professions are also subject to
ethical rules and are controlled by their
respective professional societies
(Medical Society, Law Society, etc) or
institutions (Institute of Corporate
Auditors (Institut des réviseurs d’entreprises/Instituut der Bedrijfsrevisoren),
Institute of Accountants and Tax
Advisers (Institut des experts
comptables et des conseils
fiscaux/Instituut van Accountants en
Belastingsconsultants), etc).
Where qualifications are protected, a
professional institution will exist and
you cannot pursue your profession
until you are entered on the list of
members of the profession concerned.
At the present time, professional
institutes exist, notably, for:
• Estate agents
• Bookkeepers and tax accountants
• Accountants and tax advisers
• Company auditors
• Salaried company lawyers
• Psychologists
• Architects and
• Surveyors
The conduct of some of these professions cannot be combined with the
running of a business. This applies
notably to lawyers and notaries. You
should therefore refer to the ethical
rules of each profession to ascertain
whether any incompatibility exists with
the conduct of a commercial activity.
The paramedical professions: physiotherapists, truss manufacturers,
orthopaedists, optician, etc
Those who wish to pursue a paramedical professional should obtain a
registration number from the National
Institute of Sickness and Disability
Insurance (Institut National d'Assurance Maladie-lnvalidité/rijksinstituut
voor Ziekte en Invaliditeitsverzekering INAMI/RIZIV) which confirms that they
meet the necessary conditions.
The building trade
Any person or firm that wishes to
pursue an activity in the construction
sector is advised to submit an application for registration as a contractor
with the Registration Commission for
his province. This Commission is itself
answerable to the Federal Public
Department of Finance. Authorisation
is published in the Appendix to the
Belgian Official Gazette.
Useful information in this regard can
be obtained from the National
Building Confederation (Confedération
nationale de la
construction/Confederatie bouw)
(address: see Appendix 4, page 69).
It should be noted that the obligation
to register is aimed at preventing tax
and social fraud (moonlighting) in the
building sector. A building contractor
or promoter who uses an unregistered
contractor must withhold a sum equal
to 30% of each payment made, passing on half of this amount to the tax
authorities and half to the National
Office for Social Security. The promoter is further jointly and severally
responsible not only for the tax debts
of the contractor up to 35% of the
total price (excl. VAT) of the works but
also for debts to the National Office
for Social Security of the contractor up
to 50% of the total price (excl. VAT) of
the works. A new scheme for registering contractors came into effect on 1
January 1999. It adopts an even more
rigorous approach to sub-contracted
operations in the building sector,
where the amount withheld equals
50% (35% payable to the National
Office for Social Security and 15% to
the tax authorities).
The combined system of joint responsibility, the withholding obligation and
the payment obligation still applies.
The retail trade
Any person wishing to enter the retail
trade has had, since 1 January 1990,
to complete formalities with a public
business coordination centre in order
to obtain a distribution certificate
(attestation de distribution/distributieattest) This is issued only if the person concerned can prove a minimum
of commercial management knowledge. The procedure for issuing a distribution certificate is the same as that
for the regulated professions (see
Appendix 1).
The management knowledge required
may be demonstrated by various
documents, which may be inspected
by the FPS Economy, SME’s, Selfemployed and Energy. Information
concerning the relaxation rules from
which certain persons may benefit
may also be obtained from the FPS.
These rules do not extend to commercial wholesaling and services providing
door-to-door trading activities or to
firms with a workforce of more than
fifty workers. The activities concerned
are listed in Appendix 1.
Supermarkets
Authorisation on social and economic grounds must be obtained before opening a supermarket. To obtain
this authorisation, the applicant must
draw up a file responding to a questionnaire on social and economic
issues that can be obtained from the
municipal authority, the secretariat of
the Socio-Economic Committee for
Distribution, or downloaded directly
from the FPS Economy, SME’s, Selfemployed and Energy
(http://mineco.fgove.be).
The file must be submitted (with 10
copies) to the municipal authority.
Door-to-door activities
Door-to-door activities means any sale,
offer for sale or display aimed at selling
consumer products by a trader outside
the establishment referred to in his
registration with the Commercial
Register or by a person who does not
possess an establishment of this kind.
To conduct this kind of business,
authorisation must be obtained from
the Regulations Administration section
of the Commercial Door-to-door
Services Unit of the FPS Economy,
SME’s, Self-employed and Energy
(address: see Appendix 4, page 71).
The application must be submitted to
the municipal authority at the place of
residence or named place of residence.
Only private persons can obtain such
authorisation. The minimum age
required is 18. If the door-to-door activity concerns the conduct of a regulated trade or profession, the necessary
certificate for this occupation will also
be required.
Appendix 4, page 71).
This type of loan includes certain
forms of instalment loans.
Insurance intermediary
All insurance intermediaries must be
registered with the Banking, Finance
and Insurance Commission (Commission Bancaire, Financière et des
Assurances/Commissie voor het Bank-,
Financie- en Assurantiewezen). They
must meet certain conditions for this.
Please contact this organisation for
further information and it will send
you a form for completion and provide
you with a list of documents to be
submitted (address: see Appendix 4,
page 69).
Unsocial business
Factories, plants, workshops, stores,
depots, open cast quarries, machines,
appliances, tanks, etc whose existence,
operation or use may prove dangerous, unhealthy or cumbersome can
be built, set up, transformed, used or
moved only after informing or, in
some cases, obtaining authorisation
from the administrative body concerned (municipal or provincial).
The communication or request for a
permit, drawn up on a special form,
may be obtained from the municipal
authority. It should include all the
information required to provide an
accurate idea of the business to be set
up.
Licences or approvals
Certain activities require that a licence
is obtained. You will find a list of these
activities and the official bodies issuing
the licences below.
Granting of consumer loans
A person who, as part of his commercial or professional business, issues
consumer loans must first be registered with the Trade Administration Unit
of the FPS Economy, SME’s, Selfemployed and Energy (address: see
63
Trade or profession/Business
Service/Body
•
Accountants
Professional Institute of Chartered Accountants and Tax Experts
•
Alarms
FPS Interior
•
Alcoholic beverages (+22%)
FPS Finance
•
Animal trading
Municipal Authority
•
Bandager
National Institute for Sickness and Invalidity Insurance (RIZIV/INAMI)
•
Bone, flour and other products intended
Regional Ministries
as animal feed or soil improvement
•
Burners (burner technicians)
Permanent Training Centres for Small Trades, Approved Trade
associations, Union of Belgian Central Heating Installers, CEDICOL
•
Butchers/pork butchers
FPS Economy SME’s, Self-employed and Energy
•
Caretaking and security companies
FPS Interior
•
Cattle feed
Regional Ministries
•
Cereals
FPS Economy SME’s, Self-employed and Energy
•
Childminding
Birth and Childhood Office
•
Dairy products
Regional Ministries
•
Dangerous, unhealthy or unsocial establishments
Municipal Authorities or Provincial Services
•
Debt collection agencies
FPS Economy SME’s, Self-employed and Energy
(Consumption and credits)
•
Detectives
FPS Interior
•
Door to door business (trade)
Municipal Authority
•
Driving Schools
FPS Information and Communication Technology (Fedict)
•
Eggs (hatcheries, conditioning centres,
Regional Ministries
export, poultry farming)
64
•
Estate agents
Estate Agents’ professional institute
•
Fertilisers and soil improvements
Regional Ministries
•
Flour
FPS Justice
•
Forwarding agents
FPS Finance
•
Gaming house operations
Regional Ministries
•
Hearing aids
National Institute for Sickness and Invalidity Insurance (RIZIV/INAMI)
•
Homes for the handicapped and the aged
Regional Ministries
•
Hops
Regional Ministries
•
Hotel operation
Regional Ministries
•
Industrial milling, users and traders
FPS Economy SME’s, Self-employed and Energy
•
Investment advisers
Banking and Finance Commission
•
Job sorting of cereals and vegetables
Regional Ministries
•
Jobbing mills
Regional Ministries
•
Leasing
FPS Economy SME’s, Self-employed and Energy
•
Lemonades (preparation of)
FPS Finance (Customs and Excise)
•
Liquors (production of)
FPS Finance (Customs and Excise)
Trade or profession/Business
Service/Body
•
Matrimonial agencies
Ministry of Economic Affairs
•
Meat products (retail)
FPS Economy SME’s, Self-employed and Energy
•
Milk
Regional Ministries
•
Motor vehicle transport
FPS of Mobility and Transport
•
Nurses
National Institute for Sickness and Invalidity Insurance (RIZIV/INAMI)
•
Opticians
National Institute for Sickness and Invalidity Insurance (RIZIV/INAMI)
•
Pesticides and other toxic phytopharmaceuticals
Regional Ministries
•
Pharmacies: opening, mergers
FPS Health, Food Chain Safety and Environment
•
Liqueurs (fabrication)
SPF Finances (douanes et accises)
•
Physiotherapists
National Institute for Sickness and Invalidity Insurance (RIZIV/INAMI)
•
Phytopharmaceutical products
Regional Ministries
•
Potatoes: export, sale and purchase
Regional Ministries
on the home market
•
Powder production
Regional Ministries
•
Precious metals (production – trade)
Royal Mint Guarantee Office
•
Professional card for non-EU residents
FPS Economy SME’s, Self-employed and Energy
•
Psychologists
FPS Economy SME’s, Self-employed and Energy
•
Pubs and beverage suppliers
FPS Finance (Customs and Excise)
•
Seeds, plants of every kind
Regional Ministries
•
Short term animal care
Local Authority
•
Slaughterhouses and poultry slaughterhouses
FPS Health, Food Chain Safety and Environment
(Veterinary inspectorate)
•
Soft wheat of EU origin
FPS Economy SME’s, Self-employed and Energy
•
Solid mineral fuels
To be imported solely by importers belonging to one
or more solid fuel importer groups
•
Speech therapists
National Institute for Sickness and Invalidity Insurance (RIZIV/INAMI)
•
Sugar (denatured): resale for cattle feed
FPS Finance
•
Taxis (services)
Municipal Authorities (in Brussels: Regional Authority)
•
Temporary employment companies
Regional Ministries
•
Tobacco: manufacture, warehousing,
FPS Finance
wholesale and retail trading
•
Tombola
FPS Interior
•
Trailers (building)
FPS Information and Communication Technology (Fedict)
•
Travel agencies
Regional Ministries (Flemish, Walloon or Brussels-Capital Region
•
Uncut diamonds
Central Service for Quotas and Licences in Antwerp
•
Waste oil
Walloon Region
•
Weapons and ammunition
Municipal Authority
•
Wines: Production, handling, racking or bottling
FPS Health, Food Chain Safety and Environment
65
Appendix 3:
Social security contributions scale
Main activity – based on revalued 2003 income
•
Established self-employed Up to income of 47,203.12 euros, the contributions amount to 19.65%. For the tranche
of income between 47,203.12 and 69,567.99 euros the contributions amount to
14.16%
•
Starting self-employed
•
Assisting spouses
2006 is the 1st full year as self-employed: 474.77 euros per quarter, calculated on the
basis of 9,664.59 euros
• 2006 is the 2nd full year as self-employed: 551.38 euros per quarter, calculated on the
basis of 11,224.09 euros
• 2006 is the 3rd full year as self-employed: 624.56 euros per quarter, calculated on the
basis of 12,713.59 euros
•
Up to an income of 47,203.12 euros
• From 47,203.12 to 16,567.99 euros
•
Mini-status
0,79%
0,51%
Maxi-status
19,65%
14,16%
Additional activity – based on revalued 2003 income
•
Established self-employed
No social security contribution is payable up to an income of 1,216.87 euros.
Between 1,216.97 and 47,203.12 euros the social security contributions amount to
19.65%
• For the part between 47,203.12 and 69.567.99 euros the social contributions amount
to 14.16%
58.78 euros per quarter.
•
•
•
Starting self-employed
How are your social security
contributions calculated?
Social security contributions are calculated on the basis of net taxable business income of three years ago (i.e.
the reference year). The net business
income is the gross income less operating charges and losses, as decided by
the tax authority. This net taxable income is communicated by the tax authority to the social security contributions
fund with which the entrepreneur is
registered.
The net business income of the previous three years is then adjusted to
66
the index, i.e. it is “index-linked”.
Income during this period is therefore
examined from “today’s economic
viewpoint”, to see what its present
value would be. This means that income is currently multiplied by an index
factor of 1.08609.
This sum constitutes the starting point
for calculating social security contributions. The index-linked income is divided into tranches. A set percentage is
calculated on each tranche (see table
above).
Starters’ provisional contributions
Social security contributions fund
charges
the entrepreneur’s taxable net income
The social security contributions fund
with which the entrepreneur is registered must similarly be paid. The price
for the administrative processing of
personal particulars is borne by the
self-employed person and differs from
one fund to another.
fund. The social security contributions
A starter does not yet have three years
of self-employed activity to look back
on. Starter self-employed persons therefore pay “provisional contributions”,
which are then adjusted on the basis
of actual business income. The
amount of these provisional contributions is 474.77 euros per quarter in
the first year, corresponding to a fictitious net income of 9,664.59 euros.
Two years after the start of the business, the tax authority communicates
to the social security contributions
are then finally calculated and the
entrepreneur pays the difference
between the provisional contributions
and the final contributions.
If, as a starter, you can see that your actual income will be somewhat higher
than the assumed basic income, we advise you to have your contribution
calculated on this estimated actual income. You will then have no unpleasant
surprises, such as heavy additional bills in subsequent years.
Scale of quarterly social security contributions 2006 - Main activity
Income 2003
(in €)
Grossing of income (in €)
x 1,086088
Quarterly contribution
(in €)
8,898.53
10,000.00
10,334.39
11,705.86
12,500.00
15,000.00
17,500.00
20,000.00
22,500.00
25,000.00
27,500.00
30,000.00
32,500.00
35,000.00
37,500.00
40,000.00
42,500.00
43,461.60
50,000.00
55,000.00
60,000.00
64,053.73
9,664.59
10,860.88
11,224.06
12,713.59
13,576.10
16,291.32
19,006.54
21,721.76
24,436.98
27,152.20
29,867.42
32,582.64
35,297.86
38,013.08
40,728.30
43,443.52
46,158.74
47,203.12
54,304.40
59,734.84
65,165.28
69,567.99
474.77
533.54
551.38
624.56
666.93
800.31
933.70
1,067.08
1,200.47
1,333.85
1,467.24
1,600.62
1,734.01
1,867.39
2,000.78
2,134.16
2,267.55
2,318.85
2,570.24
2,762.48
2,954.71
3,110.57
Scale of quarterly social security contributions 2006 - Supplementary activity
Income 2003
(in €)
Grossing of income (in €)
x 1,086088
Quarterly contribution
(in €)
1,119.51
1,120.51
1,500.00
2,000.00
2,500.00
3,000.00
3,500.00
4,000.00
4,500.00
5,000.00
5,500.00
6,000.00
6,500.00
7,000.00
7,500.00
8,000.00
8,500.00
8,898.53
1,215.88
1,216.97
1,629.13
2,172.18
2,715.22
3,258.26
3,801.31
4,344.35
4,887.40
5,430.44
5,973.48
6,516.53
7,059.57
7,602.62
8,145.66
8,688.70
9,231.75
9,664.59
59.78
80.03
106.71
133.39
160.06
186.74
213.42
240.09
266.77
293.45
320.12
346.80
373.48
400.16
426.83
453.51
474.77
67
Appendix 4:
Useful addresses
Classified in alphabetical order
Accounting
INSTITUTE OF EXPERT ACCOUNTS AND FISCAL
ADVISERS
Rue de Livourne 41
1050 Brussels
Phone 02 543 74 90
INSTITUTE OF BUSINESS REVISERS
Rue d’Arenberg 13
1000 Brussels
Phone 02 512 51 36
Common website
http://accountancy.be
INSTITUTE OF CHARTERED ACCOUNTS AND TAX
EXPERTS
Avenue Legrand 45
1050 Brussels
Phone 02 626 03 80
www.bibf.be
Auxiliary Sickness and Invalidity
fund (Caisse Auxiliaire d’Assurance
Maladie- Invalidité/Hulpkas voor
Ziekte-, en
Invaliditeitsverzekeringen)
Rue du Trône 30 boîte A
1000 Brussels
Phone 02 229 35 00 (secretary)
[email protected]
www.caami-hziv.fgov.be
Banking, Finance and Insurance
Commission (Commission Bancaire,
Financière et des Assurances /
Commissie voor het Bank-,
Financie- en Assurantiewezen)
Rue du Congrès 12-14
1000 Brussels
Phone 02 220 52 11
www.cbfa.be
68
Business one-stop shops
(guichets d`enterprise/ondernemingsloketen / operational offices)
ACERTA
Sneeuwbeslaan 20
2610 Antwerp-Wilrijk
Phone 03 740 78 78
[email protected]
www.acerta.be
BIZ (BUSINESS ONE-STOP SHOP BIZ)
Rue Royale 284
1210 Brussels
Phone 078 15 25 24
www.svgvev.be
UCM
Avenue Adolphe Lacomblé 29
1030 Brussels
Phone 02 743 33 90
www.ucm.be
EUNOMIA
Oudenaardsesteenweg 7
9000 Gent
Phone 09 371 49 57
[email protected]
www.eunomia.be
Chambers of commerce
Commercial courts
www,juridat.be/tribunal_commerce
Antwerp
Bolivarplaats 20 bus 7
2000 Anwerp
FORMALIS
Rue du Lombard 34-42
1000 Brussels
Phone 02 545 58 00
[email protected]
www.formalis.be
Arlon
Juridical centre
Place Schalbert 1
6700 Arlon
GO-START
Rue de Genève 4
1140 Brussels
Phone 02 729 92 11
[email protected]
www.go-Start.be
BUSINESS ONE-STOP SHOP OF THE CHAMBRES
OF COMMERCE
Rue Montoyer
1000 Brussels
Phone 02 648 50 02
[email protected]
www.leguichet.be
HDP
Rue Botanique 75 boîte 1
1210 Brussels
Phone 02 219 14 88
[email protected]
www.hdp.be
PARTENA
Boulevard Anspach 1
1000 Brussels
Phone 02 549 74 70
www.partena.be
PME DIRECT
Spastraat 8-10
1000 Brussels
Phone 02 238 04 09
[email protected]
www.pmedirect.be
Bruges
Kazernevest 4
8000 Brugge
Brussels
Rue de la Régence 4
1000 Bruxelles
Charleroi
Palace of Justice
Avenue Général Michel 1
6000 Charleroi
Dendermonde
Noordlaan 31
9200 Dendermonde
Dinant
Place du Palais de justice 8
5500 Dinant
Eupen
Aachener Strasse 78
4700 Eupen
Ghent
Oude Schaapsmarkt 22
9000 Gent
Hasselt
Havermarkt 10
3500 Hasselt
Huy
Quai d’Arona 4
4500 Huy
Ieper
Grote Markt 10
8900 Ieper
Verviers
Rue du Tribunal 4
4800 Verviers
Kortrijk
Beheerstraat, 41
8500 Kortrijk
Veurne (Furnes)
Peter Benoîtlaan 2
8630 Veurne
Louvain
Vaartstraat 5
3000 Leuven
(Co)financing/Guarantee funds
PARTICIPATION FUND (FONDS DE PARTICIPATION/PARTICIPATIEFONDS)
Rue de Ligne 1
1000 Brussels
Phone 02 210 87 87
[email protected]
www.fonds.org
Liège
Rue Joffre, 12
4000 Liège
Marche-en-Famenne
Rue Victor Libert 9
6900 Marche-en-Famenne
Mechelen (Malines)
Voochtstraat 7
2800 Mechelen
Mons
Place du Parc 32
7000 Mons
Namur
Rue du Collège 37
5000 Namur
Neufchâteau
Rue Franklin Roosevelt 33
6840 Neufchâteau
Nivelles
Rue Clarisse 115
1400 Nivelles
Oudenaarde
Bekstraat 14
9700 Oudenaarde
Tongeren (Tongres)
Kielenstraat 22, bus 4
3700 Tongeren
Tournai
Rue des Filles-Dieu 1 en 1A
7500 Tournai
Turnhout
de Merodelei 11-13
2300 Turnhout
SOWALFIN
Avenue Maurice Destenay 13
4000 Liège
Phone 04 237 07 70
[email protected]
www.sowalfin.be
SOCAME
Rue de la Grosse Pomme 1B
7000 Mons
Phone 065 84 40 91
[email protected]
www.socame.be
BRUSSELS GUARANTEE FUND
Rue de Stassart 32
1050 Brussels
Phone 02 548 22 99
[email protected]
www.fondsbruxelloisdegarantie.be
Development aid
MINISTRY OF THE WALLOON REGION
General Direction for Economy and
Employment
Place de la Wallonie 1, building III
5100 Jambes
Phone 0800 11 901
Phone 081 33 42 00
www.wallonie.be
MINISTRY OF BRUSSELS-CAPITAL REGION
Direction of economic expansion
Boulevard du Jardin Botanique 20
1035 Brussels
Phone 02 800 34 21
www.bruxelles.irisnet.be
MINISTRY OF THE FLEMISH REGION
Administration Economy
Support policy
Markiesstraat 1 (will change at the
end of 2006)
1000 Brussels
Phone 02 553 35 11
[email protected]
www.vlaanderen.be
DNS: Belgian Association for the
Registration of Internet Domain
Names (Association Belge pour
l’Enregistrement des Noms de
Domaine Internet/Belgische
Vereniging Voor Internet Domein
Naam Registratie)
Ubicenter
Philipssite 5 bus 13
3001 Leuven
Phone 016 28 49 70
[email protected]
www.dns.be
Federal Public Services
Federal Public Service Interior (SPF
Intérieur/FOD Binnenlandse zaken)
www.ibz.fgov.be
Foreigners Office (Office des
Etrangers/Dienst Vreemdelingenzaken)
Word Trade Center II
Chaussée d’Anvers 59 b
1000 Brussels
Phone 02 206 15 99
www.dofi.fgov.be
FPS Economy, SMEs, Self-employed
and Energy (SPF Economie, PME,
Classes Moyennes et Energie/FOD
Economie, Kmo, Middenstand en
Energie)
www.mineco.fgov.be
Trade marks/registration
Boulevard du Roi Albert II 16
1000 Bruxelles
Phone 02 277 76 94
Licences
Rue de Louvain 44
1000 Bruxelles
Phone 02 548 66 32
FPS Finance
www.minfin.fgov.be
69
Company Taxation and Revenue
Department (Administration de la fiscalité des entreprises et des
revenus/Administratie Ondernemingsen inkomensfiscaliteit)
www.fiscus.fgov.be
North Galaxy - box 25
Boulevard du Roi Albert 33
1030 Brussels
Direct taxation (Contributions directes/Directe Belastingen) - Call Centre
Phone 02 572 57 57
VAT – Information Officer
Phone 02 576 27 17
Federation of Belgian Chambers of
Commerce and industry
(Fédération des Chambres de
Commerce et d'Industrie de
Belgique/ Federatie. der kamers
voor handel en nijverheid van
Belgie)
Rue Montoyer 3
1000 Brussels
Phone 02 209.05.50
[email protected]
www.cci.be
Flanders: www.voka.be
CHAMBER OF COMMERCE ANTWERPEN-WAASLAND
Markgravestraat 12
2000 Antwerp
Phone 03 232 22 19
[email protected]
www.kvkaw.voka.be
Kleine Laan 28
9100 Sint-Niklaas
Phone 03 776 34 64
[email protected]
www.kvkaw.voka.be
CHAMBER OF COMMERCE HALLE-VILVOORDE
Medialaan 26
1800 Vilvoorde
Phone 02 255 20 20
[email protected]
www.kvkhv.voka.be
70
CHAMBER OF COMMERCE KEMPEN
Kleinhoefstraat 9
2440 Geel
Phone 014 56 30 30
[email protected]
www.kvkkempen.voka.be
CHAMBER OF COMMERCE
WEST-VLAANDEREN
Sint Jacobsstraat 70
8000 Brugge
Phone 050 33 36 96
[email protected]
www.kvkwvl.voka.be
CHAMBER OF COMMERCE LEUVEN
Tiensevest 61
3010 Leuven
Phone 016 22 26 89
[email protected]
www.kvkleuven.voka.be
Albert Dehemlaan 29
8900 Ieper
Phone 057 22 08 60
[email protected]
www.kvkwvl.voka.be
CHAMBER OF COMMERCE LIMBURG
Gouverneur Roppesingel 51
3500 Hasselt
Phone 011 56 02 00
[email protected]
www.kvklimburg.voka.be
Casinoplein 10
8500 Kortrijk
Phone 056 23 50 51
[email protected]
www.kvkwvl.voka.be
CHAMBER OF COMMERCE MECHELEN
Onze-Lieve-Vrouwstraat 85
2800 Mechelen
Phone 015 45 10 20
[email protected]
www.kvkmechelen.voka.be
CHAMBER OF COMMERCE
OOST-VLAANDEREN
Kasteel Terlinden
Square J. Geerinckx 2
9300 Aalst
Phone 053 21 68 42
[email protected]
www.kvkov.voka.be
Noordlaan 21
9200 Dendermonde
Phone 052 33 98 00
[email protected]
www.kvkov.voka.be
Martelaarslaan 49
9000 Gent
Phone 09 266 14 40
[email protected]
www.kvkov.voka.be
Markt 41
9700 Oudenaarde
Phone 055 39 04 90
[email protected]
www.kvkov.voka.be
Zandvoordeschorre-dijkstraat 289
8400 Oostende
Phone 059 51 65 89
[email protected]
www.kvkwvl.voka.be
Polenplein 10
8800 Roeselare
Phone 051 26 17 80
[email protected]
www.kvkwvl.voka.be
Grote Markt 9
8630 Veurne
Phone 058 31 11 80
[email protected]
www.kvkwvl.voka.be
BRUSSELS CHAMBER OF COMMERCE AND
INDUSTRY
Avenue Louise 500
1050 Brussels
Phone 02 648 50 02
[email protected]
www.ccib.irisnet.be
CHAMBER OF COMMERCE AND INDUSTRY BRABANT WALLON
Rue de la Science 16
Zone Industrielle II
1400 Nivelles Sud
Phone 067 89 33 33
[email protected]
www.ccibw.be
CHAMBER OF COMMERCE AND INDUSTRY EUPEN–MALMEDY–ST-VITH
Herbesthalerstrasse 1A
4700 Eupen
Phone 087 55 59 63 - 087 55 59 64
Fax: 087 55 79 04
[email protected]
www.ihk-eupen.be
CHAMBER OF COMMERCE AND INDUSTRY HAINAUT
Place de la Hestre 19
7170 La Hestre
Phone 064 22 23 49
[email protected]
www.ccih.be
Parc Initialis Boulevard André Delvaux 3
7000 Mons
Phone 065 40 17 00
[email protected]
www.ccih.be
Avenue Général Michel 1C
6000 Charleroi
Phone 071 32 11 60
[email protected]
www.ccih.be
CHAMBER OF COMMERCE AND INDUSTRY HAINAUT OCCIDENTAL
Boulevard Industriel 80
7700 Mouscron
Phone 056 85 66 66
[email protected]
www.cciho.be
Rue Beyaert 75
7500 Tournai
Phone 069 89 06 89
[email protected]
www.cciho.be
CHAMBER OF COMMERCE AND INDUSTRY LIÈGE AND VERVIERS
Esplanade de l’Europe 2
4020 Liège
Phone 04 343 91 91
[email protected]
www.ccilv.be
Rue Renkin 35
4800 Verviers
Phone 087/29 36 36
[email protected]
www.ccilv.be
CHAMBER OF COMMERCE AND INDUSTRY BELGIAN LUXEMBOURG
Grand’Rue 1
6800 Libramont
Phone 061 29 30 40
[email protected]
www.ccilb.be
CHAMBER OF COMMERCE AND INDUSTRY PROVINCE OF NAMUR
Chaussée de Marche 935A
5100 Namur-Naninne
Phone 081 32 05 50
[email protected]
www.ccinamur.be
National Bank of Belgium central
balance-sheet office
(Centrale des bilans de la Banque
Nationale de
Belgique/Balanscentrale van de
Nationale Bank van België)
Boulevard de Berlaimont 14
(the counters are at number 18)
1000 Brussels
Infodesk
Phone 02 221 30 01
[email protected]
www.bnb.be
National Building Confederation
(Confedération nationale de la
Construction/Nationale
Confederatie van het Bouwbedrijf)
Rue du Lombard 42
1000 Brussels
Phone 02 545 56 00
[email protected]
www.confederationconstruction.be
National Fund for the Social
Security of the Self-employed
(Caisse nationale auxiliaire d'assurances sociales pour travailleurs
independents/Nationale Hulpkas
voor de Sociale Verzekeringen der
Zelfstandigen)
Place Jan Jacobs 6
1000 Brussels
Phone 02 546 45 21
Phone sociétés: 02 546 42 17
[email protected]
societies: [email protected]
www.rsvzinasti.fgov.be/fr/helpagency/index.htm
National Institute of Sickness and
Invalidity Insurance (Institut
National d'Assurance Maladie-lnvalidité/rijksinstituut voor Ziekte en
Invaliditeitsverzekering INAMI/RIZIV)
Avenue de Tervuren 211
1150 Brussels
Phone 02 739 71 11
www.inami.fgov.be
National Institute for the Social
Security of the Self-employed
(Institut national d’assurances
sociales pour travailleurs indépendants//Rijksinstituut voor de
Sociale Verzekeringen der
Zelfstandigen)
Place Jean Jacobs 6
1000 Brussels
Phone 02 546 42 11
[email protected]
www.rsvz-inasti.fgov.be
National office for social security
(Office National Sécurité
Sociale/Rijksdienst voor Sociale
Zekerheid)
Place Victor Horta 11
1060 Brussels
Phone 02 509 31 11
www.onssrszlss.fgov.be
Professional institute of Real Estate
Agents (Institut professionnel des
agents
immobiliers/Beroepsinstituut voor
vastgoedmakelaars)
Rue de Luxembourg 16 B
1000 Brussels
Phone 02 505.38.50
[email protected]
www.ipi.be
Royal Federation of Notaries in
Belgium (Fédération royale des
notaires de Belgique/Koninkijke
Federatie van Belgische notarissen)
Rue de la montagne 30-34
1000 Bruxelles
Phone 02 505 08 50
www.notaire.be
71
Social insurance funds for the selfemployed (Caisses d’assurances
sociales pour travailleurs
indépendants/Sociale verzekeringskassen voor zelfstandigen)
ANTWERP
Acerta
Sneeuwbeslaan 20
2610 Wilrijk-Antwerp
Phone 03 829 23 10
[email protected]
www.acerta.be
L'Entraide
Rue Colonel Bourg 113
1140 Brussels
Phone 02 743 05 10
[email protected]
www.entraidegroupe.be
Arenberg
Arenbergstraat 24
2000 Antwerp
Phone 03 221 02 60
[email protected]
www.arenberggroup.be
Groupe S
Boulevard Poincaré 78
1060 Brussels
Phone 02 555 15 20
[email protected]
www.groupes.be
VEV
Brouwersvliet 4 – bus 2
2000 Antwerp
Phone 078 15 00 15
[email protected]
www.svgvev.be
HDP
Rue Botanique 67-75
1210 Brussels
Phone 02 289 68 02
[email protected]
www.hdp.be
BRUGES
Attentia social insurance fund
Torhoutsesteenweg 248
8200 Bruges
Phone 050 40 65 65
[email protected]
www.attentia.be
Intersociale
Avenue des Croix de Guerre 94
1120 Brussels
Phone 02 247 00 70
[email protected]
www.intersociale.be
BRUSSELS
ASD
Rue Royale 284
1210 Brussels
Phone 02 609 62 20
[email protected]
www.svgvev.be
72
CNASTI
Rue de Spa 8
1000 Brussels
Phone 02 238 04 11
[email protected]
www.cnasti.be
Partena
Boulevard Anspach 1 (Philips Tower)
1000 Brussels
Phone 02 549 73 00
[email protected]
www.partena.be
Securex-Integrity
Rue de Genève 4
1140 Brussels
Phone 02 729 92 11
[email protected]
www.securex.be
MECHELEN
Multipen
Van Benedenlaan 32
2800 Mechelen
Phone 015 45 12 11
[email protected]
www.multipen.be
NAMUR
Social insurance fund of the UCM
Chaussée de Marche 637 (Nationale 4)
5100 Namur (Wierde)
Phone 081 32 06 11
[email protected]
www.ucm.be
Notes
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73
BANK
ASSURANCES
LEASING
ING BELGIQUE SA – BANQUE – AVENUE MARNIX 24, B-1000 BRUXELLES – RPM BRUXELLES – TVA BE 0403.200.393 – BIC (SWIFT): BBRUBEBB – COMPTE: 310-9156027-89 (IBAN: BE45 3109 1560 2789).
ÉDITEUR RESPONSABLE: PHILIPPE WALLEZ – AVENUE MARNIX 24, B-1000 BRUXELLES – Z45866F – 07-06