How to set up a non-profit organization? Online via e-griffie.be
You want to set up a non-profit organization? You don't have to go to the commercial court to deposit your establishment deed. With e-griffie.be you can file your documents electronically anytime. After the electronic payment your non-profit organization is established in the Central Enterprise Databank and is published in the Belgian Official Gazette.
The Federal Public Service of Justice and the Administrative Simplification Service have launched the e-griffie online application: www.e-griffie.be. Thanks to this application you can deposit your establishment deed for your non-profit organization online. In other words, you should no longer go to the commercial court and are no longer bound by the office hours of the registrar's office to deposit your non-profit organization's establishment deed.
Via the website you can log in with your electronic identity card. To use e-griffie you should have an e-ID reader, an electronic currency (e.g. bank card, Visa card), scanned copy of the establishment deed signed by all founders, a text file of the articles of association and the first nominations. You create a file by entering a valid e-mail address and the general data (name, address, directors). After creating an electronic extract of the deeds to be published in the Belgian Official Gazette and uploading the establishment deed, you can sign the deposited file. After electronic payment of the costs (filing and publication), the non-profit organization is established in the Central Enterprise Databank. Some days later the establishment is published in the Belgian Official Gazette. You receive the enterprise number and the publication number in the Belgian Official Gazette by e-mail.
Temporary you can also apply the procedure on paper. Both methods will co-exist for a while.
Non-profit organization's obligations
A non-profit organization consist out of at least three persons. Contrary to a commercial company, a non-profit organization does not require any minimum capital. A non-profit organization does not pursue any profit, but can collect membership fees and can organize activities within the scope of its objectives. It cannot distribute profit to its members. A non-profit organization should at the time of establishment have two members which are director. These can be private individuals or legal entities. There is no nationality condition.
If it would show that your non-profit organization performs profitable transactions, or is a commercial company, it will be taxed under the corporate tax legislation and falls under the accounting legislation. If the activities are not profitable, then you are subject to tax on non-profit corporations.
Online establishment of commercial companies?
Soon changes in name and the articles of association can be made via e-griffie. Also the electronic establishment of commercial companies will be possible.