October 2020

FAIB has called for the extension of the measures taken by the Royal Decree No. 4 of April 9 2020 to support companies and associations in times of Covid-19 pandemic. These measures which have now expired have been particularly appreciated by INPAs whose members, including at the level of administrative bodies are, by definition, spread around the world. As the members can no longer meet and as the statutes of most INPAs do not yet provide for the possibility of holding virtual meetings of their administrative bodies and General Assemblies other than physical ones, the persistence of Covid-19 makes the daily management of the INPAs extremely difficult. This is particularly impacting INPAs whose fiscal year ends on a date other than 31 December and who have to communicate their financial results to the National Bank of Belgium in the coming months and will do the same for the other INPAs if the pandemic lasts. It is for these reasons that the FAIB has requested the extension of the measures of the R.D. N°4 and the digitalization of the procedures of modification of the statutes.

March 2020

For several months now FAIB has been working with the department of Minister Geens (Justice) on the ongoing revision of the company and association law. We have recently issued the following position paper on this where, while welcoming the draft law, we highlight 5 key concerns arising both from the proposals and from the actual management of the law on INPAs:

1. Maintain The INPA (i.v.z.w / AISBL) statute as an attractive one
2. Facilitate at a national level conversion of companies into either an ASBL or an AISBL
3. Include detailed provisions for inbound cross-border conversion into AISBLs
4. Speed up the processing of applications for the AISBL / i.v.z.w statute
5. Simplify procedures for publication of changes to statutes and board members

We strongly feel that the revision of this law offers an opportunity to reinforce the attractiveness of the AISBL statute and to facilitate cross border conversion of companies and associations with a charity status into AISBLs. This is particularly important at the present time.

We are following up our position with visits to both the federal and Brussels authorities and will continue to do so throughout the process of adoption of the draft legislation.