The management department is authorised to automatically remove companies, as referred to in Article 2 of the Companies' Code, which have not complied with the obligation to file their annual accounts with the National Bank of Belgium for at least three consecutive financial years. This removal is not applicable for companies referred to in Article 97 of the Companies' Code. This automatic removal is provided for in Article III.42, §1, 4° of the Code of Economic Law.
The society continues to exist legally as it is an administrative removal in this case. The registered entity retains all its rights and obligations (including its characteristic enterprise subject to registration, the obligation to file VAT returns, NSSO returns, etc.) subject to any interpretation that could be made by the courts and tribunals of the judicial authority.
An indication of this automatic removal is available for the administrations, as well as via the Public Search application.
The automatic removal in the event of failure to file annual accounts will be withdrawn when the accounts in question have been filed. Removals and withdrawals will be published in the Belgian Official Journal.
