On 11 September 2019, Mr Paul DHAYER, the new president of the Brussels French-speaking Enterprise Court, issued a memorandum containing new prerequisites for any publication in the Belgian Official Gazette. The goal is to make sure that the documents deposited with the registry of the court when a company is incorporated or when structural changes are made in it, reflect reality.
From now on, the depositor must produce a signed certified copy of the minutes of the Board of Directors or General Assembly meeting that took the decision to be published in the Belgian Official Gazette.
In the event of a change of director or manager, the depositor must provide double-sided copies of the identity cards of the director or manager replaced and the director or manager appointed.
Also, in the event of a change of registered office, a copy of the deed justifying the occupation of the premises (lease contract, title deed, agreement,…) must be enclosed.
Finally, if the depositor is a proxy agent in charge of the publications in place of the legally appointed person, that proxy agent must now be able to produce a certified proxy prior to the publication. However, seeing the heavy protests caused by this new requirement among Brussels lawyers, it would seem that the President has agreed to let lawyers continue making the necessary publications, provided that their special proxy is expressly enclosed in the decision of the Board of Directors or the General Assembly.
These prerequisites are already in force.
For more information on the subject, please contact Didier CHAVAL (firstname.lastname@example.org).
The Cairn Legal team