Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Non-profit and charitable organizations in Lessines operate within the Belgian legal framework that governs associations and foundations. Since 1 May 2019 Belgian non-profit law has been updated and consolidated into the Companies and Associations Code - Code des sociétés et des associations. Under that code the most common legal forms are the Association sans but lucratif - ASBL - and the international ASBL - AISBL. Foundations and recognized-public-benefit entities are also regulated under the same code with specific rules. As a municipality in the province of Hainaut in Wallonia Lessines is subject to federal laws plus regional and municipal regulations that affect fundraising, permits for public events and subsidies. Official documents and procedures in Lessines are generally conducted in French so most local legal advisors and public offices provide services in French.
Non-profit organizations often encounter legal issues that benefit from specialist advice. You may need a lawyer if you are:
- Setting up a new ASBL or foundation and want statutes that reflect your mission while protecting board members and beneficiaries.
- Rewriting or modernizing statutes to comply with the Companies and Associations Code and to adapt governance, voting rights and decision-making rules.
- Applying for tax-exempt status or seeking guidance on VAT and corporate tax when your organization conducts economic activities.
- Negotiating or drafting contracts for grants, sponsorships, service agreements, leases or employment contracts.
- Managing disputes among board members, volunteers or beneficiaries including removal of directors, conflicts of interest and fiduciary breaches.
- Handling employment and social security matters for paid staff, including termination and collective bargaining issues.
- Conducting fundraising campaigns or public collections that require municipal permits or specific legal compliance.
- Ensuring compliance with data protection rules under GDPR and Belgian supervisory authority requirements when processing personal data.
- Dealing with insolvency, dissolution or liquidation procedures and distribution of remaining assets in line with statutory and legal obligations.
Key legal points to consider in Lessines and the wider Belgian context include the following.
- Legal form and registration - Most non-profits register as an ASBL or AISBL under the Companies and Associations Code. Registration with the Crossroads Bank for Enterprises - Banque-Carrefour des Entreprises - is required and your organization will receive an enterprise number.
- Statutes and governance - Statutes must set out the objectives, governance structure, powers of the general assembly and board, quorum and voting rules, asset distribution on dissolution and rules about amendments. The Code provides default rules but organizations should adopt clear statutes tailored to their needs.
- Accounting and reporting - Accounting obligations depend on the size and activity level of the organization. Small associations may use simplified accounts while larger ones must prepare full annual accounts and, in most cases, file them with the National Bank of Belgium or other official bodies.
- Tax and VAT - Purely non-commercial activities are generally exempt from corporate tax but if your ASBL carries out economic activities it can be subject to corporate income tax and VAT. Donation taxation and deductibility for donors depends on recognition and compliance with tax authority rules.
- Public fundraising and collections - Municipal rules in Lessines often apply to street collections, public lotteries and events. You may need a municipal permit or authorization for fundraising in public spaces. Check municipal regulations for specific application rules.
- Employment and social security - Belgian employment law and social security rules apply to paid staff. This covers employment contracts, payroll contributions, workplace safety and dismissals.
- Data protection - GDPR applies to all organizations processing personal data. You must implement data processing policies, keep records, and when necessary register or consult with the Data Protection Authority in Belgium.
- Subsidies and public funding - Walloon region and French Community grants have their own eligibility criteria and reporting obligations. Accepting public funding often imposes additional transparency and audit requirements.
- Dissolution and asset distribution - Statutes must stipulate how assets will be distributed on dissolution. For organizations receiving public funds or gifts with conditions there may be obligations to transfer assets to comparable entities or to return public funds.
For most volunteer groups an ASBL is the simplest and most appropriate form. It provides a clear legal identity, limited liability for members in most cases, and a governance structure. Draft statutes that reflect the volunteer nature and decision-making processes. A lawyer can help you register and draft statutes compliant with the Companies and Associations Code.
Yes. Accounting and reporting obligations exist and depend on the size and activities of the organization. Smaller associations may be eligible for simplified accounts while larger ones must prepare full annual accounts and submit them to the relevant authority. Proper bookkeeping is essential to maintain transparency and compliance with funders and tax authorities.
Donor tax deductibility depends on the recipient organization meeting criteria set by tax authorities. Typically the organization must be recognized or registered for issuing tax certificates and must comply with reporting rules. A lawyer or tax advisor can guide you through the recognition process and donor certificate requirements.
Key elements include the organization name and seat, clear objectives, membership rules, governance structure and powers of the general assembly and board, appointment and removal of directors, financial year and accounting rules, rules for amendments and dissolution, and asset distribution on dissolution. Clear conflict-of-interest rules and delegation powers are also recommended.
Permits are issued by the municipal administration. Requirements vary by type of activity and location. Typical requirements include a formal request, proof of association statutes and registration, details on the collection or event, and public safety measures. Contact the Lessines municipal office for specific application procedures and timelines.
Volunteers are generally protected but their legal status differs from employees. Volunteer agreements clarifying roles and liability are recommended. Insurance for volunteers is essential, and certain tasks may carry higher liability and require specific coverage. A lawyer can help draft volunteer agreements and advise on insurance needs.
Disputes should first be handled according to the dispute resolution provisions in your statutes. If internal mechanisms fail you may need legal advice to mediate or to initiate court proceedings. Lawyers can provide options such as mediation, arbitration or litigation, and can advise on fiduciary duties and potential personal liability of directors.
Yes. All organizations that process personal data must comply with GDPR. This includes maintaining records of processing activities, ensuring lawful bases for processing, protecting personal data, and informing data subjects of their rights. Depending on the scope of processing you may need specific contracts with service providers and privacy notices. Consult a GDPR specialist or lawyer for a compliance assessment.
Yes. ASBLs can hire employees but must comply with Belgian employment law and social security rules. This includes drafting employment contracts, withholding payroll taxes and social security contributions, following collective bargaining agreements when applicable, and respecting workplace safety and dismissal procedures. Employment law advice is often necessary to avoid costly mistakes.
An insolvent non-profit must consider early legal steps to limit liability and preserve assets. Insolvency can trigger bankruptcy or judicial reorganization procedures similar to for-profit entities. Directors should seek legal advice immediately because mismanagement during insolvency can lead to personal liability. A lawyer will advise on restructuring, creditor negotiations and, if necessary, liquidation procedures.
Useful organizations and authorities to consult when seeking legal or practical support include:
- Municipality of Lessines - for permits, local funding and municipal regulations.
- Service public de Wallonie - for regional grants, subsidies and regulations relevant in Wallonia.
- Companies and Associations Code documentation - for the legal framework governing ASBLs and foundations.
- Crossroads Bank for Enterprises - for registration and enterprise numbers.
- National Bank of Belgium - for annual account filing requirements and templates.
- Belgian Federal Public Service Finance - for tax and donation rules.
- Belgian Data Protection Authority - for GDPR guidance and compliance requirements.
- King Baudouin Foundation and other umbrella non-profit support organizations - for training, governance advice and capacity building.
- Local umbrella groups or federation of ASBLs in Hainaut - for networking and local best practices.
- Professional lawyers and notaries specialized in non-profit law - for tailored legal advice.
If you need legal assistance in Lessines follow these practical steps:
- Collect your documents - statutes, registration papers, recent accounts, contracts, grant agreements and any correspondence relating to the issue.
- Identify your main objectives - registration, tax status, governance reform, employment issues, dispute resolution or fundraising compliance.
- Search for a lawyer who specializes in non-profit law and who is fluent in French. Ask about relevant experience with ASBLs, foundations and the Companies and Associations Code.
- Prepare a short brief for your first meeting - facts, timeline, key documents and desired outcomes. This helps the lawyer assess the issue quickly and provide a cost estimate.
- Ask about fees, the estimated timeline and alternative dispute resolution options such as mediation if applicable.
- Consider a compliance review - ask the lawyer to review your statutes, accounting practices, GDPR compliance and employment arrangements to prevent future problems.
- Maintain transparent governance - keep clear minutes, update your statutes if needed, and adopt internal policies on conflicts of interest, procurement and data protection.
Getting timely legal advice will help protect your organization, maintain donor confidence and ensure compliance with Belgian and local rules. If you are unsure where to start contact the Lessines municipal office and a local lawyer who understands both the regional specifics of Hainaut and the federal Companies and Associations Code.
