Article 8:5, § 2 of the Companies and Associations Code (CAC) allows a cooperative to be recognised under the law of 20 July 1955 establishing a National Council for Cooperation, Social Entrepreneurship and Agricultural Enterprise, and at the same time to be recognised as a social enterprise.
Conditions for Recognition and Procedures
In order to be recognised simultaneously as a cooperative and a social enterprise, the company must satisfy the respective conditions required for each type of recognition (as a cooperative and as a social enterprise).
You can submit your application for recognition to the FPS Economy via an online platform by following these steps:
Step 1: Administrative formalities to access the online platform
- Access to the online platform is given through CSAM, the gateway for government services. The FPS provides secure access via eID, the itsme app or text message.
- If you are an organization representative, you will need a CSAM account.
- Check whether your organization is already registered with CSAM and who manages your organization’s account. If your organization is using CSAM for the first time, a legal representative (registered in the Crossroads Bank for Enterprises) must appoint a main access manager (himself or a colleague).
- After these formalities are carried out, the access manager may assign the role of ‘FOD ECONOMY FO APPLICANT’ to the organization’s employees, granting them access to the online platform.
Consult the detailed manual to complete the CSAM access procedure.
Step 2: Use the online platform and check the progress of your file
As soon as the access formalities are completed, you can use the online platform.
Should you have any questions about the platform and how to use it, or if you encounter problems while completing the CSAM formalities, please contact us at AUC@economie.fgov.be
Step 3: If you are not able to use the online platform: download THE FORM (DOCX, 18.22 KB) (application for recognition) for agricultural entreprises. Please send the completed form, along with its annexes, to the FPS Economy, Accounting law department – Audit – Cooperatives. You can send your application electronically to AUC@economie.fgov.be.
The department will check whether your cooperative meets the respective conditions required for both recognitions (as a cooperative and as a social enterprise):
- If your company meets the conditions, you will receive a copy of the Ministerial Decree recognising your company, as soon as it is published in the Belgian Official Gazette, within 2 to 3 months following your application (indicative waiting time).
- If your company does not meet the conditions of recognition, you will receive a motivated explanation from the FPS Economy, detailing which stipulations in your statutes block the recognition of your company.
Consequences of the Withdrawal of One Recognition on the Other Recognition
The royal decree of 28 June 2019, outlining the conditions for recognition as an agricultural enterprise and as a social enterprise, provides that the withdrawal of one recognition does not affect the maintenance of the other recognition. This is contingent on the company’s articles of association, operations, and activities remaining in compliance with the conditions required for the remaining recognition.
