You see them popping up more and more: charging stations on company premises. Handy for staff with an electric car. But visitors, suppliers or casual passers-by also dare to plug in.
That's precisely where the legal wrinkle sometimes arises. Because what if your company charges for those charging sessions, but providing power is not in your object at all?
Charging poles as an extra service?
Installing a charging station is often done with the best of intentions. You want to become more sustainable, support your employees and who knows, maybe even make a Offer additional service to customers. But as soon as you open up a charging station to external use and before that cost charge, either directly or through an outside party (such as a charge card provider), you are entering legal territory.
Indeed, at that point you are not only an employer or entrepreneur, but you become supplier of electricity. And that is an economic activity with tax and legal implications.
Offering charging stations to third parties: is that allowed under your bylaws?
In corporate law: you may only engage in activities that are within the object of your enterprise fall into the bylaws. Is there nothing in there about providing green power or charging infrastructure? If so, you may find yourself in the grey area end up.
If you offer a service outside your statutory subject matter, it may affect:
- Billing: Invoices arising from activities outside the subject may be disputed by customers or third parties.
- Tax audits: During an audit, the tax authorities may ask questions about the type of income you receive.
- Insurance and contracts: Insurers or lenders can be difficult if it turns out that your activities are not listed in your bylaws. Consider fire insurance, liability policies or leasing companies.
- Compliance and image: At a time when transparency and governance are more important than ever, it can seem strange if your company is engaged in "green" activities that are not formally established anywhere.
Third parties are allowed to use my company's charging stations. What should I do now?
First and foremost, look at the object of your enterprise briefly.
Any mention of green power?
Then there is nothing wrong and you can continue to bill third parties.
Is there no mention of green power?
Then we recommend expand the object with the necessary activities, taking into account the provision of renewable energy infrastructure.
Since the object is in your bylaws, you will need to check with the notary have to go by. As soon as the changes are visible in the CBE you are legally all set.
In doubt about whether or not to modify the item?
Contact at ease your customer manager for the necessary advice. This way you are covered for possible future risks.
