Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Nonprofits in Modave operate under Belgian law, not a separate local regime. The core legal framework is the Code of Companies and Associations, which governs associations without lucrative purpose ASBL in French or VZW in Dutch, international associations AISBL or IVZW, and foundations Fondation or Stichting. These entities are created to pursue disinterested purposes and cannot distribute profits to members, founders, or directors.
ASBL is the most common form for local charities, cultural groups, sports clubs, and community initiatives. It has a general assembly of members as the sovereign body and a board of directors that manages the organization. Foundations do not have members and are created by a notarial deed to pursue a specific goal using allocated assets. International associations are designed for cross-border membership and activities of international scope.
Regardless of form, nonprofits gain legal personality after registration and publication of their constitutive documents. They must keep governance records, comply with accounting and filing duties, respect data protection and volunteering rules, and observe tax and VAT obligations where applicable. In Modave, practical matters such as event permits, use of public spaces, and certain fundraising activities also involve municipal or provincial procedures.
Choosing the right legal form ASBL, AISBL, or foundation and drafting compliant, future-proof statutes is critical. A lawyer can tailor governance to your project, define member rights, clarify board powers, set conflict-of-interest rules, and plan for succession, mergers, or dissolution.
Registration and publication require technical steps, including filings with the enterprise court registry, entry in the Crossroads Bank for Enterprises, and updates to the UBO register. Errors here can delay recognition, bank onboarding, or access to grants.
Funding and fundraising bring legal questions about grant contracts, sponsorship agreements, co-branding, donor privacy, tax receipts, and the approvals needed to issue tax-deductible donation certificates. Raffles, lotteries, or public collections often require prior authorization.
Tax and VAT analysis is important. Many nonprofits fall under the legal entities tax rather than corporate income tax, but business-like or ancillary activities can trigger corporate tax or VAT registration. A lawyer, often together with an accountant, can structure activities to remain compliant while optimizing funding.
Employment and volunteering involve Belgian labor and social security rules. You may need help with volunteer policies, insurance, reimbursement ceilings, employment contracts, social security registrations, and safeguarding obligations for youth or vulnerable beneficiaries.
Data protection and IT compliance under GDPR apply to member lists, donor databases, newsletters, websites, and event registrations. You may need privacy notices, processing registers, contracts with processors, and in some cases a data protection officer.
Real estate, leases, and permits arise for offices, community centers, and events. A lawyer can review leases, negotiate clauses, secure occupancy permits, and address accessibility and safety requirements.
Disputes can occur regarding governance, removal of directors, member exclusions, or use of funds. Legal guidance helps resolve conflicts early and avoid court proceedings.
Formation and registration. ASBL can be formed by a private deed signed by at least two founders, then filed with the competent enterprise court registry for publication in the Belgian Official Gazette. Foundations require a notarial deed. After publication, the entity receives a company number and is registered in the Crossroads Bank for Enterprises. A notary is needed for foundations and for certain amendments in any nonprofit.
Governing bodies. ASBL are run by a general assembly of members and a board of directors. Daily management can be delegated. Directors owe duties of care and loyalty, and a statutory conflicts procedure applies when a director has a personal interest opposed to the association.
Accounting and filings. Nonprofits must keep accounts adapted to their size. Small ASBL may use simplified accounting while larger entities must keep double-entry accounts and file annual accounts in a standard format. Annual filings are made either with the enterprise court registry or the National Bank central balance sheet office, depending on size. Thresholds are set by law and are periodically updated.
UBO register. Nonprofits must identify and record their ultimate beneficial owners directors and persons exercising control in the UBO register and keep it up to date within statutory deadlines.
Tax and VAT. Many nonprofits are subject to the legal entities tax. If they perform economic activities, they may be subject to corporate income tax for those activities and to VAT obligations, with some statutory exemptions for social, cultural, or educational services. A small enterprise VAT exemption may apply below a turnover threshold set by law.
Donations and tax receipts. Only organizations approved by the Federal Public Service Finance can issue tax-deductible donation certificates. Donors generally need to give a minimum amount per year to benefit. Approval is subject to strict criteria and reporting duties.
Volunteers. The Volunteers Law sets information duties toward volunteers, rules on expense reimbursements, and insurance requirements. Written volunteer agreements and liability insurance are strongly recommended. Wallonia offers information and sometimes support for volunteer insurance schemes.
Fundraising, raffles, and events. Public collections and street fundraising typically require municipal authorization. Charity raffles, tombolas, or games are regulated and may require a municipal or other permit depending on scope and prize values. Public events usually need permits for safety, noise, catering, and occupation of public space from the Commune of Modave or the Province of Liège.
Data protection. GDPR applies. Nonprofits must implement lawful bases for processing, retain data only as needed, secure data, and honor rights of data subjects. The Belgian Data Protection Authority oversees compliance.
Local competence. Modave belongs to the judicial district of Liège. Filings for ASBL and foundations are handled by the enterprise court registry competent for the area that includes Modave. Official filings in Wallonia are in French. Municipal bylaws of Modave apply for local permits and taxes related to activities in the commune.
The ASBL is the most common and flexible form for local nonprofits. It requires at least two founders, statutes defining your purpose and governance, registration with the enterprise court registry, publication in the Belgian Official Gazette, and entry in the Crossroads Bank for Enterprises.
No, an ASBL can be created by a private deed. You will need a notary for a foundation, and you may also need one for later amendments that require a notarial deed. Even without a legal requirement, many founders consult a notary or lawyer to ensure statutes are robust.
After filing your constitutive documents with the competent registry and publication in the Official Gazette, legal personality is usually granted within a few weeks. Timelines vary depending on the registry workload and the completeness of your file.
Directors may be unpaid or paid if the statutes allow and if remuneration aligns with the nonprofit purpose and applicable tax and social security rules. Payments must be transparent and recorded. Profit distributions to members or directors are prohibited.
Pure donations without consideration are outside the scope of VAT. If you sell goods or services, even to raise funds, you may need a VAT number unless you qualify for an exemption. Assess your activities with a tax advisor to determine your position.
Your organization must be approved by the Federal Public Service Finance to issue tax certificates. Approval requires meeting criteria such as recognized public benefit purposes and reporting obligations. Donors generally need to give at least a minimum amount per calendar year to benefit.
Small ASBL keep simplified accounts and prepare annual statements. Larger entities must keep double-entry accounts and file standardized annual accounts. Thresholds for size categories are defined by law and change from time to time, so verify current limits before choosing an accounting regime.
A written volunteer agreement is highly recommended to set expectations and provide the information required by the Volunteers Law. Liability insurance is essential. Expense reimbursements must follow legal rules, with either actual costs or flat rates within legal ceilings.
Yes, but raffles and games of chance are regulated. Small charity tombolas often require prior authorization at the municipal level and must comply with prize and procedural limits. Seek guidance before launching any game-based fundraising.
Filings go to the enterprise court registry competent for Modave within the judicial district of Liège. You will also interact with the Crossroads Bank for Enterprises for your company number and with the Official Gazette for publications. A local lawyer or notary can confirm the exact registry details and forms.
Service Public Fédéral Justice for publication in the Moniteur belge and guidance on nonprofits.
Tribunal de l entreprise de Liège registry Greffe for filings and copies of statutes.
Banque Carrefour des Entreprises Crossroads Bank for Enterprises for registration and company numbers.
Service Public Fédéral Finances for tax status, donation deductibility approvals, and tax certificates.
Autorité de protection des données Belgian Data Protection Authority for GDPR guidance and registrations where applicable.
ONSS National Social Security Office and related bodies for employer registrations and contributions.
Association pour une Ethique dans les Récoltes de Fonds AERF for fundraising ethics and best practices.
Fondation Roi Baudouin King Baudouin Foundation for sector insights and potential support programs.
Union des Villes et Communes de Wallonie for local governance and municipal procedures in Wallonia.
Commune de Modave municipal services for event permits, public space use, and local taxes.
Clarify your mission, activities, and the legal form that fits. Decide whether you need an ASBL, an AISBL, or a foundation, and outline the governance structure members, directors, daily managers.
Draft robust statutes and internal regulations. Define admission and exclusion of members, meeting procedures, quorum and voting rules, director appointments, conflicts of interest, financial oversight, and dissolution clauses. Have a lawyer review to ensure compliance and practicality.
Prepare incorporation documents and filings. Reserve a name by checking existing entities, assemble required identification documents, complete forms for the enterprise court registry, and plan publication in the Official Gazette. Register in the Crossroads Bank for Enterprises and update the UBO register within deadlines.
Organize banking, accounting, and insurance. Open a bank account in the nonprofit name, set up your accounting system appropriate to your size, and obtain insurance for civil liability, volunteers, property, and events.
Address tax and regulatory setups. Determine your tax regime legal entities tax or corporate tax for certain activities, evaluate VAT registration or exemptions, apply for donation deductibility approval if relevant, and align with GDPR and volunteers law.
Plan fundraising and operations in Modave. Contact the commune early for any permits related to events, public collections, or use of public spaces. Document grant terms, sponsorships, and donor communications.
Seek professional advice. For smooth and compliant implementation, consult a lawyer experienced in Belgian nonprofit law and, where needed, a notary and an accountant. Local practitioners familiar with the Liège district and Walloon practices can help you avoid delays and pitfalls.
This guide provides general information only. For advice tailored to your situation in Modave, consult a qualified legal professional.
