Best Accounting & Auditing Lawyers in Beersel

About Accounting & Auditing Law in Beersel, Belgium

Accounting and auditing in Beersel are governed by Belgian federal law and European rules, applied within the Flemish Region and the municipality of Beersel. Businesses operating in Beersel must keep accounting records that comply with the Belgian accounting framework, file annual accounts with the National Bank of Belgium when required, and comply with tax and VAT obligations at the federal level. Statutory audits are required for companies that meet specific size thresholds. Professional accounting and audit work is regulated - practitioners must hold the proper qualifications and be registered with the relevant professional bodies.

Why You May Need a Lawyer

Legal help is often needed when accounting or auditing issues have legal consequences or when interpretation or enforcement of the rules is disputed. Typical situations include:

- Disputes with auditors about the scope, findings, or fees of an audit engagement.

- Allegations of accounting irregularities, fraud, or wilful misstatements that may lead to regulatory investigations, civil claims, or criminal proceedings.

- Problems arising from the preparation, approval, or filing of annual accounts - for example shareholder disputes over accounting choices, dividends, or director liability.

- Advice on the accounting and audit implications of mergers, acquisitions, restructurings, or cross-border transactions.

- Compliance questions about VAT, corporate tax, withholding taxes, or reporting obligations and the legal risks of non-compliance.

- Drafting or reviewing engagement letters, fee arrangements, limitation of liability clauses, and confidentiality provisions with accountants and auditors.

- Administrative appeals or complaints to professional oversight bodies or regulatory authorities.

Local Laws Overview

Key aspects of Belgian and local law that are relevant to accounting and auditing in Beersel include:

- Company law and accounting obligations - The Belgian Companies and Associations Code sets out bookkeeping duties, annual account content and the timing and rules for approval and filing of accounts. Companies must maintain accurate books and may be required to file annual accounts at the National Bank of Belgium.

- Statutory audit thresholds - Certain companies are subject to a statutory audit if they exceed thresholds based on balance sheet total, net turnover and average number of employees. Thresholds can change, so confirm the current figures before assuming exemption.

- Accounting standards - Most Belgian entities follow Belgian generally accepted accounting principles for statutory accounts. Groups and listed companies may need to prepare consolidated accounts under IFRS or other applicable standards.

- Tax and VAT compliance - Federal tax rules administered by the Federal Public Service Finance govern tax returns, corporate tax, VAT and withholding taxes. Accounting records are the basis for these returns and must support tax positions.

- Professional regulation - Accountants, tax advisors and statutory auditors are regulated professions. Statutory auditors are subject to strict independence rules, registration requirements and oversight by professional bodies and national audit supervisors.

- Filing and public registers - Certain company information and annual accounts are accessible through public registries such as the Crossroads Bank for Enterprises and the National Bank of Belgium. Accurate and timely filings are important to maintain a company’s good standing.

- Language and local administrative requirements - Beersel is in the Flemish Region where Dutch is the official language for many administrative matters. Local permits or notifications for certain activities may be required from the Beersel municipality.

Frequently Asked Questions

What are the main differences between an accountant and a statutory auditor in Belgium?

An accountant or bookkeeper prepares and maintains financial records, prepares tax returns and may provide advisory services. A statutory auditor performs an independent audit of accounts to express an opinion on whether the financial statements give a true and fair view and comply with legal requirements. Statutory auditors must be registered and meet stricter independence and professional standards.

When is my company required to have a statutory audit?

Statutory audit requirements depend on company size. If your company exceeds the statutory thresholds based on balance sheet total, net turnover and average number of employees - typically measured over two consecutive years - an audit is required. Threshold amounts can change, so verify the current thresholds with a professional or the regulatory authorities.

Where do I file annual accounts for a company based in Beersel?

Annual accounts are filed centrally at the National Bank of Belgium or via the systems specified by national law. Company registration and certain administrative data are maintained in the Crossroads Bank for Enterprises. Filing obligations and formats are set by federal rules.

What should I do if I suspect accounting fraud in my company?

If you suspect fraud, preserve evidence and limit further damage. Inform senior management or the board if appropriate. Seek immediate legal and forensic accounting advice to assess the situation, advise on internal investigations, regulatory notification obligations and criminal or civil remedies.

Can I change my auditor if I am unhappy with their work?

Yes. Shareholders or the body empowered by the articles of association generally appoint and dismiss the statutory auditor. Check the company’s articles and any contractual engagement letter for notice periods, termination rights and formal steps to change the auditor.

Who regulates auditors and accountants in Belgium?

Professional bodies and national public oversight bodies regulate accountants and auditors. Statutory auditors are subject to registration, professional standards and public oversight. Accountants and tax advisors are regulated through their respective professional institutes and codes of conduct.

What are my rights if an auditor makes an error that harms my business?

If an auditor’s negligence or breach of duty causes loss, you may have a civil claim for damages. Timelines for claims vary. Before litigating, consider alternative dispute resolution, making a complaint to the auditor’s professional body, or pursuing negotiated settlement. Seek legal advice to assess prospects and evidence requirements.

How long must I keep accounting records in Belgium?

Belgian law requires companies to keep accounting records for a specific retention period. For most business and tax records, the minimum retention period is generally seven years, but other rules or sector-specific obligations can apply. Keep original invoices, ledgers and relevant documentation for the full statutory period.

Can small companies use simplified accounting or exemptions?

Small and micro companies may benefit from simplified reporting rules and may be exempt from statutory audit if they stay below the size thresholds. However, they must still keep proper accounting records and meet tax obligations. Verify eligibility for simplifications with an accountant or lawyer.

What should an engagement letter with an accountant or auditor contain?

An engagement letter should set out the scope of work, responsibilities of the parties, the timetable, fees and payment terms, confidentiality, limitation of liability if permitted, procedures for resolving disputes and conditions for termination. A clear engagement letter helps prevent misunderstandings and provides a basis for recourse if problems arise.

Additional Resources

Helpful resources and organisations to consult include:

- National Bank of Belgium - repository for annual accounts and corporate information.

- Crossroads Bank for Enterprises - central company registration and identification.

- Federal Public Service Finance - tax and VAT rules and guidance for businesses.

- Professional institutes for auditors and accountants - national institutes that register and supervise professionals and provide codes of conduct.

- Flemish government business support services - local business guidance and permits relevant to Flemish companies.

- Local municipality of Beersel - for permits, local administrative requirements and language guidance.

- Business networks and employer organisations in Flanders - for practical advice and referrals to accounting and legal professionals.

Next Steps

If you need legal assistance with accounting or auditing matters in Beersel, follow these practical steps:

- Gather your documents - collect financial statements, engagement letters, audit reports, tax returns, invoices and communications relevant to the issue.

- Clarify your objective - decide whether you seek advice, a negotiated settlement, an internal investigation, a complaint to a professional body, or litigation.

- Consult a specialist - look for a lawyer experienced in accounting, audit and corporate law and familiar with Belgian and Flemish procedures. Ask about fees, conflicts of interest and expected timelines.

- Consider a joint technical review - where appropriate, combine legal advice with an independent accounting or forensic review to clarify facts before escalating.

- Use the professional and regulatory channels - if the issue involves professional misconduct, file a complaint with the relevant professional institute in addition to any civil or criminal options.

- Act promptly - accounting and audit matters often involve statutory deadlines for claims, tax corrections or regulatory notifications. Timely action protects your rights and options.

If you are unsure where to start, contact a local lawyer or an accountant with legal experience. They can assess your situation, explain your rights and obligations and guide you through the best next steps for resolving the matter.