Belgian Gazette: practical guides and steps

The Belgian Gazette publishes laws, but also the key acts in the life of companies, non-profits and foundations. An incorporation, a registered office transfer or a dissolution must appear in it. These guides explain which acts to publish, how to proceed and what it costs.

What is the Belgian Gazette for?

Publication makes an act enforceable against third parties. Until it happens, the company generally cannot rely on that act against them. Thus a resigning director stays bound towards third parties until the resignation appears. Afterwards, anyone can consult the Belgian Gazette annexes online for free.

This transparency protects your business partners. Before signing, a supplier or a bank can check in the Belgian Gazette who represents a company. So do the same before any major contract.

In practice, the act first goes to the registry of the enterprise court. The registry then sends an extract to the Belgian Gazette, which publishes it in its annexes. Our guide to publishing acts in the Belgian Gazette details the procedure and costs.

Acts that must appear in the Belgian Gazette

Several moments in the life of a legal entity require publication. Here are the most common ones.

• The incorporation and articles of a company, non-profit or foundation.
• The appointment or resignation of a director.
• The transfer of the registered office to a new address.
• Any amendment to the articles, for example to the purpose or the name.
• The dissolution, the appointment of the liquidator and then the closure of the liquidation.
• Mergers and other restructurings.

Each case has its own guide. For example, see changing a director, transferring the registered office or amending the articles.

Who files, and how?

It depends on the nature of the act. For a notarial deed, the notary handles the filing. That covers, for instance, setting up an SRL or amending the articles. For a simple decision, such as an appointment, the company files the form with the registry itself, often online. Publication fees apply to each filing.

Non-profits follow the same logic. Setting up a non-profit therefore involves publishing the articles and the directors. Dissolving a non-profit also goes through the Belgian Gazette. The same applies when creating a foundation.

Mistakes to avoid

• Forgetting to publish a director's resignation.
• Moving without publishing the office transfer.
• Letting the filing drag on after the decision.
• Confusing publication in the Belgian Gazette with registration in the CBE.

Such oversights have real effects: official mail at an old address, extended liability, disputed contracts. So keep a calendar of the decisions you must publish, especially during a reorganisation. To check a publication, go straight to the FPS Justice eJustice website, which hosts the Belgian Gazette.