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Commercial businesses : Knowledge of basic management

Nearly all companies or self-employed who want to offer services in Belgium have to prove their knowledge of basic management at the business counter before registring at the Crossroadsbank for Enterprises (KBO/BCE). In some cases of regulated professions they also have to prove their technical skills. In this aticle we'll discuss only about the proofs of basic management knowledge.

It is the self-employed or the person in charge of the daily management (Managing Director) of a company who has to prove. In some cases it is possible to delegate this liability, but only with a written mandate.

You can prove your knowledge through a diploma or certificate :

  • Certification of basic management knowledge
  • Diploma of higher education level or university
  • Proof of an approved crash course in management (128 hours)
  • Certification of basic management knowledge of the Central examination Jury of the FPS Economy

 Or a qualification if you got it before 30 September 2000 (see french text)

 

You can also prove your knowledge based on your experience in an agricultural or horticultural commercial, small business, as an independent contractor, as a member of the administration, as helper of a self-employed or as having been employed in a management position.

Below you will find some examples of several situations of professional practice

 

You have gained practical experiense as :

 

At least during :

 

You can prove at the base of :

 

former self-employed

 

3 years as principal activity or 5 years as complementary activity in the past 15 years

 

 

an extract of the KBO/BCE proving registration as commercial or craft or agricultural or horticultural activity

and 

a certificate from the Social Insurance Fund (indicating the date of start and end of quality)

EU citizens can obtain an EU attestation at the Chamber of Commerce of their country proving the activity in their country.

management authority of a company (as managing director or eq.)

 

3 years as principal activity or 5 years as complementary activity in the past 15 years

 

proof of appointment as member of the daily management and proof of registration of the company as a business (from BCE/KBO)

and

a certificate from the Social Insurance Fund (indicating the date of start and end of quality)

EU citizens can obtain an EU attestation at the Chamber of Commerce of their country proving the activity in their country.

self-empoyed helper of a self-employed

 

5 years in the past 15 years

 

a statement from the helped independent entrepreneur

and

a certificate from the Social Insurance Fund

hepling spouse

 

5 years in the past 15 years

 

a statement from the helped independent entrepreneur

and

a certificate from the Social Insurance Fund

employed in a management position as an assistant to the entrepreneur, manager or Managing Director with delegated responsibilities, or as a member of the hierarchy responsible for management tasks or as the responsible of a department

 

5 years in the past 15 years

 

a statement from the employer

and

the individual wage accounts of 5 years

 

In some cases, you do not have to prove - or at least not immediately - your basic knowledge in management: :

If you exercise an activity that has its own regulations on the basic management knowledge. This applies to the professions listed in the table below. The table also indicates which prior authorization is required for each profession.

Your exemption to prove basic management knowledge  is only if you have the authorization of the profession and if you actually exercise that profession.

 

PROFESSION

 

HABILITATION

 

real estate agent

trainee real estate agent

 

Agréation of the Professional Institute of Estate Agents (Institut Professionnel des agents Immobiliers - IPI)

 

Insurance agent

Insurance broker

Bank agent/broker

 

Agréation of the Financial Services & Markets Authority (FSMA)

 

directeur d’auto-école

 

Patent I proving professional competence of the FPS Mobility and Transportation

 

people (or passengers) carrier on the road

cargo carrier on the road

cargo carrier on inland waters

 

Agréation of the FPS Mobility and Transportation

 

If you do not already have professional agréation in your application, a certificate of professional competence may be accepted to grant the exemption. This certificate is issued on behalf of an individual. It can be used to obtain agréation on behalf of the company.

 

If your business is not a SME, you do not have to prove your abilities. This means that you must at least satisfy the following conditions

  • You have on average more than 50 employees on an annual basis.
  • At least 25 % of the shares are in hands of one ore more non-SME companies.
  • Your turnover exeeds € 7,000,000 or your annual balance sheet exceeds € 5,000,000. 

 

If you take over a company, the following rules apply

  • In most of the cases yoy have 1 year to prove the basic management knowledge, under condition that there may be no more than one month after the stop of the transferor and the beginning of the transferee and the enterprise has to be fully tranferred.
  • If you becomes Managing Director of the company of your deceased husband/spouse or legal patner, you don't have to prove.
  • If you take over a business of your deceased parents, you should not provide any evidence for the first three years. If you are underage during the recovery period, you have a delay of three years starting from your 18th birthday.

If you can claim a acquired right, you do not have to prove your basic knowledge of management. Legislation relating to basic knowledge of management is in force since 1 January 1999 If you had, before that date, a sole proprietorship commerce registered in the commercial register, you do not need to prove today yourbasic knowledge of management. This applies even if you stopped your activities since then, provided that the termination date is later than February 21, 1998.

If you had a company registered in the commercial register before 1 January 1999, the acquired right is only for the society, not for the managers or directors. The Managing Director of this company however, can not claim the acquired right for his own purposes.

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