Period for the registration of Self-Employed Workers (New as at 1 April 2010)
Art. 85 of the Programme Law of 23 December 2009 repeals the rule that a self-employed worker has 90 days to register with a social security fund after the start of his or her activity.
- From now on, a new self-employed worker must be registered by no later than the day of the start of his or her activity (*). Fines of €500 to €2,000 are levied per infringement.
Since registration in the CBE must take place before the start of the activity, the starter candidate must plan to register when he or she presents himself or herself at the one-stop shop.
The FORMALIS one-stop shop staff will ensure that they inform any candidate that comes to register. If you have not registered with a fund, the one-stop shop staff member will have you sign a document certifying that this information has been provided.
Professionals (accountants, tax specialists) who used to take care of this formality for their customers must ensure they direct their customers to the one-stop shop with their membership document. The one-stop shop will complete the company number and will forward the information relating to membership to the fund.
* The start date of the activity is determined as being the date of the oldest activity of the oldest unit of an establishment.
- Transitional measure: Self-employed workers who started an activity between 1 January 2010 and 31 March 2010 must be registered with a social security fund by no later than 1 April 2010.
- Existing self-employed workers are also concerned because the fine will also be applicable to a person who is registered for an activity other than that for which he or she is registered in the Crossroads Bank for Enterprises (e.g. a mechanic who, as time went by, opened a newspaper shop).
Contact your social security fund to arrange a correction, if necessary!
- Please note! Directors, managers and other company agents. Nothing has changed. Their start of their activity coincides with the creation of the company. The start date of their activity is the date of the filing of the instrument of incorporation with the registry of the Commercial Court.
Representatives appointed during the course of the company’s existence take up their duties on the date specified in the decision of the General Meeting. In the absence of a specific date in the appointment, their activity starts on the date of the decision of the General Meeting.
You will find the membership documents for Group S Social Insurance Fund for Self-Employed Workers (Group S – CASI) HERE.