Articles of Incorporation serve as the founding document for establishing a company in Belgium, setting forth the fundamental rules and structures that will govern its operations. This document is mandatory under Belgian law and must comply with the requirements of the Belgian Code of Companies and Associations (CCA). The Articles of Incorporation include essential information such as the company's identity, purpose, capital structure, management framework, and shareholder rights. It must be prepared in one of Belgium's official languages (Dutch, French, or German) depending on the company's location, and requires execution before a notary public. The document forms part of the official company registration process with the Crossroads Bank for Enterprises and serves as a reference point for all stakeholders throughout the company's lifetime.
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1. Title and Preamble: Official title of the document, date, and identification of the incorporating notary
2. Appearing Parties: Details of the founding shareholders/members, including full names, addresses, and legal capacity
3. Company Name and Legal Form: Official company name, legal form selection (SA/NV, SRL/BV, etc.), and confirmation of compliance with name regulations
4. Registered Office: Official address of the company's registered office and the region where it's located
5. Corporate Purpose: Detailed description of the company's activities and objectives
6. Duration: Term of the company's existence (typically indefinite)
7. Capital and Shares: Details of initial capital, number and types of shares, and their allocation
8. Share Transfer Restrictions: Rules governing the transfer of shares between shareholders and to third parties
9. Management Structure: Composition of the management body, appointment procedures, and powers
10. General Meetings: Rules for conducting shareholder meetings, voting rights, and procedures
11. Financial Year and Annual Accounts: Definition of the financial year and provisions for annual accounts
12. Dissolution and Liquidation: Procedures for company dissolution and asset distribution
1. Special Rights and Benefits: Used when specific rights or benefits are granted to founders or other parties
2. Branch Offices: Include when the company plans to establish branch offices
3. Authorized Capital: Required for SA/NV companies that want to authorize the board to increase capital
4. Profit Participation Certificates: Include when the company wishes to issue profit participation certificates
5. Internal Regulations Authorization: Used when the company wants to establish the possibility of internal regulations
6. Arbitration Clause: Optional clause for resolving disputes through arbitration rather than courts
7. Electronic Communication: Provisions for electronic shareholder meetings and communications
8. Specific Industry Regulations: Additional provisions required for regulated industries (banking, insurance, etc.)
1. Share Register Details: Initial shareholder information and share allocation
2. Contributions in Kind: Detailed description and valuation of any non-cash contributions
3. Financial Plan: Required for SRL/BV companies, showing financial projections and planning
4. Auditor's Report: Required when there are contributions in kind or quasi-contributions
5. Special Powers of Attorney: Documents delegating powers for completion of incorporation formalities
6. Bank Certificate: Proof of capital deposit in blocked account
7. UBO Information: Details of Ultimate Beneficial Owners as required by law
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