It was recently confirmed that persons who exercise a managerial function within a company without shares or without an officially appointed mandate - so-called "company managers second category" - are subject to mandatory registration in the Crossroads Bank for Enterprises (CBE).
What is a business manager second category?
A "business manager second category" is a natural person who:
- a leading position exercises within a company (e.g., general manager, commercial or financial director),
- no shares owns, and
- no officially appointed mandate has through the statutes or general assembly, but is appointed by the governing body and granted powers by the governing body.
These individuals are acting outside of an employment contract and are therefore considered to be independent considered.
What does the enrollment requirement entail?
According to recent guidelines from the FPS Social Security and FPS Economy, business managers of the second category must:
- be enrolled in the CBE (as a sole proprietorship or partnership), such that they have a company number dispose;
- NACEBEL code 70,200 use (business management consulting firms);
- a register branch unit at the address of the company in which they operate.
Activities under the company number
Only the business manager's own activities be registered. Activities of the company are not automatically taken over. If the person also engages in other independent activities, these should be added separately.
Does a VAT requirement apply?
Business leaders second category are non-VAT. According to the VAT administration, they are not covered by Article 4 of the VAT Code since:
- she do not act independently (not for their own account or responsibility);
- she no business risk wear;
- only the company bears the (negative) consequences of their work.
Consequently, there is no need to no VAT number to be requested.
Do you have questions about this? Would you like guidance on enrollment?
If so, please feel free to contact your customer manager. We are ready to support you.