Articles of Incorporation Foundation is a fundamental legal document required under Belgian law to establish a foundation as a legal entity. This document is essential when individuals or organizations wish to create a permanent structure for charitable, cultural, social, or other non-profit purposes in Belgium. The articles must be drafted in compliance with the Belgian Companies and Associations Code and require notarization and approval from the Ministry of Justice. The document contains crucial information about the foundation's purpose, governance, initial assets, and operational framework. It serves as the foundation's constitutional document and reference point for all future activities and decisions. This type of document is particularly relevant when establishing either a private foundation or a public benefit foundation in Belgium, with specific requirements varying based on the chosen type.
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1. Title and Preamble: Formal identification of the document as Articles of Incorporation and the foundation's name
2. Legal Form and Name: Declaration of establishment as a foundation under Belgian law and official name
3. Registered Office: Official address and judicial district of the foundation
4. Purpose and Activities: Detailed description of the foundation's charitable or social purpose and permitted activities
5. Duration: Statement of the foundation's duration (typically indefinite)
6. Initial Assets: Description of the initial patrimony allocated to the foundation
7. Board of Directors: Composition, appointment procedures, powers, and functioning of the board
8. Daily Management: Provisions regarding operational management and delegation of powers
9. External Representation: Rules for representing the foundation in dealings with third parties
10. Financial Management: Fiscal year, accounting requirements, and budget procedures
11. Amendment of Articles: Procedures for modifying the articles of incorporation
12. Dissolution and Liquidation: Provisions for dissolution and distribution of remaining assets
1. Advisory Board: Creation of an advisory body when additional expertise or stakeholder representation is desired
2. Branch Offices: Provisions for establishing secondary offices when the foundation plans multiple locations
3. Specific Committees: establishment of specialized committees for specific functions (e.g., audit, investment)
4. Membership Structure: If the foundation includes a membership structure beyond the board
5. Conflict Resolution: Specific procedures for handling internal disputes
6. International Activities: Special provisions for foundations operating across borders
1. Initial Board Members: List of first appointed directors with their details
2. Asset Inventory: Detailed list of initial assets contributed to the foundation
3. Internal Rules of Procedure: Detailed operational procedures and policies
4. Founder's Declaration: Special wishes or guidelines from the founder(s)
5. Powers of Attorney: Special delegations of authority if applicable
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