News from FAIB

News Flash on the recently adopted modifications to the Company and Association Code (CAC)

The present News Flash provides a rapid overview of the recently adopted modifications to the Company and Association Code (CAC).

The Company and Association Code (CAC) adopted in 2019 has been revised (publication in the Moniteur Belge of 24 December) with new measures, some of which are temporary to help companies and associations to deal with the disruption caused by Covid 19 restrictions, others of which are permanent. Permanent measures include:

  • The possibility for associations to hold their General Assembly using digital communication means arranged by the association even if this is not specified in their statutes. The decision to hold a General Assembly using such means should be taken by the Board. Such General Assemblies will need to be organised in a way that enable members to participate in the General Assembly at a distance and to ask questions. How this is organised will need to be specified in the calling notice. Prior voting in writing will be allowed. Associations will need to be able to check the identity and authority of participants and of those who vote beforehand in writing. Not all members of the General Assembly will be entitled to participate by digital means: indeed the physical participation of some members “the bureau of the General Assembly” (presumably to be defined by members if it does not exist) will be required.
  • The possibility to organise General Assemblies through a written procedure with voting, except for the modification of statutes. Nevertheless the usefulness of this procedure is limited, in particular for associations having many members, in that it will require the prior written consent of all members of the General Assembly to proceed in this way.

As a temporary measure until 30 June 2021: it will be possible, on the basis of a decision of the Board, to hold General Assemblies at a distance even where it is not possible for the association to organise the active participation of all members by digital means.
We will produce a more detailed article on the revision of the CAC after a full analysis

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