Institut Professionnel des Comptables
et Fiscalistes Agréés
Loi du 22 avril 1999
 
Other tasks

Other tasks of the accounting professional (tax expert) ("boekhouder" - "comptable")

Article 20 of the Code of Ethics

  • Property agent
  • Liquidator of companies
  • Provisional administrator


Article 250 of the Legal Code

  • Commercial judge

The accounting professional can act as property agent

Section 2 of Article 577 of the Civil Code concerning the forced co-ownership of a building stipulates that if the property agent is not named in the 'Rules of Co-ownership', he/she will be appointed by the first general assembly or, in absence of a decision, by a decision of a County Court at the request of a co-owner.

In addition to the responsibilities vested in him/her by the Rules of Co ownership, the property agent is in any case charged with convening the general assembly, the execution of the decisions taken, provisional management and taking safeguarding measures, the financial administration including the preparation of the income and expenditure accounts of the association of co-owners. The property agent is solely liable for the accomplishment of these missions and cannot transfer this mission without the agreement of the general assembly.

An accounting professional (-tax-expert) is legally authorised to act as a property agent and his/her accountancy education and day to day experience with financial administration makes that the accounting professional is very qualified to practice this profession.

Liquidator of companies

The liquidators of companies can commence and follow up on any legal claims on behalf of a company in voluntary liquidation, receive all payments, and pronounce the status of being of age with or without discharge, exchange all movable goods for money, endorse all securities, arbitrate all disputes or subject them to legal ruling and have immovable goods sold publicly if necessary for the payment of the debts of the company.

Administrator

In the context of a near insolvency situation the court can under certain conditions appoint an 'administrator' (Article 8 of the Insolvency Act 1997). He/she must fulfil the same requirements as the supervisor of a corporate voluntary arrangement. It is obvious that the accounting professional (- tax-expert) fullfills al those requierements and can be appointed by court order to act as administrator. The mission of an administrator is not to save the company as a going concern but the protect the companies assets against the maliciuos intentions of the owners and this for the benefit of the company's creditors.

Law magistrate in the Commercial Courts

Article 205 of the Civil Procedure Act stipulates that in order to be appointed a lay Magistrate in a Commercial Court, a person must have been for at least 5 year active in business, active as director of a company or federation of trade or industry or have experience with company management and accounting.

The article also states that certain professions are presumed to be "familiar with the administration of a company and with accounting":

  1. Company auditors registered by the Institute of Company Auditors.
  2. Accountants registered by the Institute of Accountants and Tax consultants.
  3. accounting professionals and accounting professionals/tax-experts registered by the Institute of Accounting Professionals and Tax Experts.

and thus qualify automatically for the function of lay magistrate in the Commercial Courts.

More info:

  • Legal conditions for becoming a lay magistrate in the Commercial Court (see Dutch or French version)
  • How to apply for a vacancy (see Dutch or French version)

  • Dernière mise à jour le 12/09/2013 16:52:31
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