Business Articles of Incorporation are mandatory legal documents required when establishing a company in Belgium. They serve as the constitutional foundation of the company and must comply with the Belgian Code of Companies and Associations (CCA). The document is prepared in the official language of the company's region (Dutch, French, or German) and must be executed before a Belgian notary public. Articles of Incorporation contain crucial information about the company's structure, governance, and operations, including share capital, management provisions, and shareholder rights. This document is essential for company registration with the Crossroads Bank for Enterprises and remains a vital reference throughout the company's lifecycle, requiring formal amendments for any significant changes to the company's structure or operations.
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1. Company Name and Legal Form: Specification of the company name and chosen legal form (e.g., BV/SRL, NV/SA)
2. Registered Office: Official address and region of the company's registered office
3. Corporate Purpose: Detailed description of the company's activities and business objectives
4. Duration: Statement of company duration (typically indefinite)
5. Capital Structure: Details of initial capital, number and types of shares, and their distribution
6. Shareholders: Identity of founding shareholders and their contributions
7. Management Structure: Composition and powers of the management body
8. General Meetings: Rules for conducting shareholder meetings and voting procedures
9. Financial Year: Definition of the financial year and accounting provisions
10. Profit Distribution: Rules for distribution of profits and payment of dividends
11. Dissolution and Liquidation: Procedures for company dissolution and asset distribution
1. Share Transfer Restrictions: Used when shareholders want to include specific restrictions on share transfers
2. Conflict Resolution: Include when specific dispute resolution procedures are desired
3. Non-Competition Provisions: Added when restrictions on competitive activities are needed
4. Intellectual Property Rights: Include when the company needs specific provisions about IP ownership
5. Board Committees: Used when the company wants to establish specific committees
6. Electronic Communication: Include when providing for virtual meetings and electronic voting
7. Foreign Branch Offices: Added when the company plans to establish foreign branches
8. Specific Industry Regulations: Include when the company operates in a regulated industry requiring special provisions
1. Share Register: Detailed list of shareholders and their shareholdings
2. Initial Board Members: List of initial directors and their details
3. Contribution Schedule: Detailed description of each founder's contribution (cash, kind, or services)
4. Special Rights and Obligations: Details of any special rights or obligations attached to shares
5. Power of Attorney: Documents authorizing specific individuals to act on behalf of the company
6. Company Rules: Internal regulations and procedures
7. Share Valuation Methods: Agreed methods for valuing shares in case of transfers
8. Shareholders' Agreement Summary: Reference to key points from any separate shareholders' agreement
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