Official citation in the CBE: what does it mean and how to avoid it?

As an entrepreneur in Belgium, it is crucial to comply with your legal obligations regarding registration in the Crossroads Bank for Enterprises (CBE). If you don't, you run the risk of automatic de-registration. This can have serious consequences, such as the loss of authority to carry out your activities. In this article, we explain what automatic deletion is, why it happens, and how to avoid it.

What is automatic decommitment?

Official deletion means that the CBE administratively deletes your business. This is done to ensure the integrity of the registry and remove inactive companies. A deleted firm is no longer considered active and may no longer conduct the activities in question.

The procedure starts when the CBE management department determines that there is incorrect or missing data. You will receive a registered letter asking you to submit your application within 30 days take action. Failure to do so may result in deletion.

Grounds for automatic decommitment

There are several reasons why a company may be removed from the CBE:

1. Death of the founder
   • The founder has been deceased for at least six months.
2. Closing of settlement
   • A legal entity has been dissolved for at least three months.
3. Closure of bankruptcy
   • At least three months have passed since the bankruptcy was closed.
4. Failure to file financial statements
   • No financial statements have been filed for three consecutive years.
5. Prolonged inactivity
   • No active capacities, activities or branch units in the CBE for at least three years.
   • No changes or publications in the past seven years.

New grounds for deletion

Recently, two additional reasons were added to the legislation:

1. Merger or split
   • A company that ceased to exist due to a merger or demerger more than three months ago.
2. Non-compliance with UBO obligations
   • Companies that fail to comply with their obligations around the UBO register may be struck off when:
     • An administrative penalty was imposed and no correction was made.
     • Data in the UBO register not confirmed within one year.
     • No publications were made in the Belgian Official Gazette for seven years.

What are the consequences of deletion?

Although the company continues to exist legally, an ex officio deletion imposes severe restrictions:

• No more powers: You may no longer perform the deleted activities, risking criminal penalties.
• Publication: The deletion is published in the Belgian Official Gazette.
• No legal claims: You can no longer file lawsuits, which makes collecting outstanding invoices impossible.

Can a deletion be undone?

Yes, in certain cases a deletion can be revoked, for example:

• In a government administrative error.
• If the reasons for deletion no longer apply.

How do you avoid ex officio citations?

Proactive management of your data in the CBE is essential:

1. Check your registration regularly: Make sure all information in the CBE is up to date.
2. Meet your UBO obligations: Confirm information in the UBO register annually and correct errors in a timely manner.
3. Submit your financial statements on time: Avoid unnecessary risks by complying with all legal obligations.

Stay informed

With the recent changes in legislation, it is important to be extra vigilant. Titeca's experts are ready to help you proactively manage your administrative obligations. Contact us to find out how we can support you.

Together, we ensure that your company stays compliant and avoids nasty surprises.