Foundation Articles of Incorporation are required when establishing a new foundation in Belgium, whether public or private. This document is fundamental to creating the foundation's legal identity and must be prepared in accordance with the Belgian Code of Companies and Associations (CCA). It contains essential information about the foundation's purpose, structure, and governance, including details about founders, initial assets, board composition, and operational procedures. The Articles must be executed before a Belgian notary public and subsequently published in the Belgian Official Gazette to give the foundation legal personality. This document is particularly important as it serves as the foundation's constitutional document and reference point for all future operations and governance matters.
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1. Title and Preamble: Identifies the document as Articles of Incorporation and includes the date and place of execution
2. Founders: Names and details of the founding members establishing the foundation
3. Name and Legal Form: Official name of the foundation and specification of its type (public or private foundation)
4. Registered Office: Official address and judicial district of the foundation
5. Purpose and Activities: Detailed description of the foundation's purposes, objectives, and permitted activities
6. Duration: Statement of the foundation's duration (typically indefinite)
7. Initial Assets: Description of the initial patrimony and assets allocated to the foundation
8. Board of Directors: Composition, appointment procedures, powers, and functioning of the board
9. Daily Management: Provisions regarding day-to-day management and delegation of powers
10. Representation: Rules regarding external representation of the foundation
11. Financial Management: Financial year, accounting requirements, and budget procedures
12. Amendment of Articles: Procedures for modifying the articles of incorporation
13. Dissolution and Liquidation: Provisions regarding dissolution and allocation of assets
14. General Provisions: Reference to applicable law and general compliance statements
1. Advisory Board: Establishes an advisory board when additional oversight or expertise is desired
2. Scientific Committee: For foundations involved in research or scientific activities
3. Branch Offices: Provisions for establishing and managing branch offices when international or multiple locations are planned
4. Conflict Resolution: Specific procedures for handling internal disputes
5. Ethics Committee: For foundations requiring ethical oversight of activities
6. Membership Provisions: For foundations that wish to have a membership structure
7. Investment Policy: Detailed guidelines for managing foundation investments
8. Grant-Making Procedures: For foundations that will distribute grants
9. Internal Rules Reference: Framework for establishing and modifying internal rules
1. Initial Board Members: List of initial directors with their details and acceptance of positions
2. Initial Assets Detail: Detailed inventory of assets contributed to the foundation
3. Founder Contributions: Specific details of contributions made by each founder
4. Powers of Attorney: Documents delegating powers for establishment procedures
5. Organization Chart: Visual representation of the foundation's governance structure
6. Financial Plan: Initial budget and financial projections for the first two years
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