Table of Contents
Ex officio striking off due to non-filing of annual accounts
Criteria for striking off due to non-filing of annual accounts
The management department of the CBE is authorised to ex-officio strike off Belgian companies, which have according to the information of the National Bank of Belgium, not complied with the obligation to file their annual accounts for at least three consecutive financial years. This ex-officio strike off is provided for in Article III.42, §1, 4° of the Code of Economic Law.
The company continues to exist legally as it is an administrative striking off 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.
Revocation of striking off
The ex-officio striking off due to non-filing of annual accounts will be withdrawn when the accounts in question have been filed.
Notification of striking off
Information regarding striking offs and revocation of striking offs are accessible via the applications and services made available to public administrations, the file containing all the public data available for reuse, and are also published in the annexes to the Belgian Official Gazette.
Information on the striking off of a company is also available through the "Public Search" application and Public Search web services.
Ex officio striking off due to non-compliance with UBO obligations
Criteria for striking off due to non-compliance with UBO obligations
The CBE management service is authorised to ex-officio strike off entities that have not complied with the obligations for entering or updating data in the register of ultimate beneficial owners (UBO register).
An ex-officio striking off for non-compliance with UBO obligations is provided for in Article III.42, §1, 6° of the Code of Economic Law and applies to entities that, according the FPS Finance, do not meet one of the following criteria:
- Entities failed to comply with the obligation to transmit information to the UBO register as stated in Article 1:35 of the Companies and Associations Code for at least 60 calendar days after an administrative fine was imposed in accordance with Article 132, §6, of the Act of 18 September 2017 on the prevention of money laundering and the financing of terrorism and on the restriction of the use of cash;
- Entities failed to comply for at least one year with the annual updating obligation mentioned in Article 5 of the Royal Decree of 30 July 2018 on the operating provisions of the UBO register;
- Entities failed to comply with the obligation to transmit information to the UBO register as stated in Article 1:35 of the Companies and Associations Code and have also failed to publish anything other than the annual accounts in the Annexes of the Belgian Official Gazette or in the Belgian Official Gazette for seven years.
As this is an administrative striking off, it does not affect the legal existence of the entity. Subject to any interpretation by the courts and tribunals, the entity retains its rights and obligations (in particular, its status as a company subjected to registration, the obligation to submit VAT and social security declarations, etc.).
More information about the UBO register
Revocation of striking off
The ex-officio striking off will be withdrawn, once, according to FPS Finance, the relevant obligations have been completed in the UBO register.
Notification of striking off
Information regarding striking offs and revocation of striking offs are accessible via the applications and services made available to public administrations, the file containing all the public data available for reuse, and are also published in the annexes to the Belgian Official Gazette.
Information on the striking off of an entity is also available through the "Public Search" application and Public Search web services.