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Implications of new EU social security Regulation on supplementary pension capital

02.07.10 | Every supplementary pension capital paid out in Belgium is subject to two withholdings by way of social security contribution: the contribution relating to the legal sickness insurance (3.55 % of the pension capital) and the so called solidarity contribution (2 % of the pension capital). These two withholdings are also carried out on supplementary pension capital paid by Belgian group insurers or Belgian pension funds to people who live abroad and who are not subject to Belgian social security.

The Belgian ‘Limited’ ready to go

01.07.10 | To answer the growing concerns of new and young entrepreneurs, a new type of private limited liability company has recently been introduced under Belgian law[1], the BVBA-Starter / SPRL-Starter (or S-BVBA / S-BVBA).

Transfer premium for lighter work

07.06.10 | Older employees who transfer from heavy work duties to lighter work – while in service for the same employer and with his consent– and suffer a income loss, can once in their professional career apply for a so-called transfer premium with a payment institution of their choice as from 1 May 2010(1).

Supplementary pension schemes in case of secondment

28.05.10 | In Belgium, all supplementary pension schemes must comply with the Law of 28 April 2003 on Supplementary Pensions (abbreviated as “WAP”). It is generally assumed that the provisions of this Law are mandatory. This means that Belgian supplementary pension schemes cannot deviate from them.

Working tools: sometimes at the expense of the employee!

25.05.10 | According to Article 20, 1° of the Act on employment contracts, employers must, in principle and amongst other, provide their employees with the aid, tools and material necessary to carry out their work. This requirement is applicable “except contrary stipulation”.

Recharged capital losses on shares not deductible

19.05.10 | The Court of First Instance of Brussels recently (16 April 2010) ruled that capital losses on shares recharged by a non-resident parent company to its Belgian subsidiary are not deductible. To the best of our knowledge, this is the first time a court has rendered a (negative) decision on this matter. This court decision conflicts with the approach generally adopted in practice by multinational enterprises in respect of global stock option plans.

Timely preparation, submission and filing of annual accounts

18.05.10 | The managing body of Belgian companies (“companies limited by shares, private limited liability companies, cooperative companies ") is obliged to prepare its annual accounts, to submit them to the annual ordinary general meeting and to file its annual accounts with the National Bank of Belgium within the legally foreseen terms.

Stricter rules apply to time credit benefits

21.04.10 | Since 1 March 2010[1] stricter rules apply to time credit benefits granted by the National Employment Office (hereinafter “NEO”).

Compensation for dismissal of workers on part-time parental leave modified

06.04.10 | As of 10 January 2010, new rules have to be applied when calculating compensation for the dismissal of workers with reduced working hours during a parental leave.[1]

The act on the corporate governance statement and the remuneration of directors and executives of listed companies

26.03.10 | In the wake of various international initiatives, the Belgian legislator has set its rules on the bonuses and severance payments for the directors and executives of listed companies, as announced frequently by the press during the last few months. These new rules are included in a broader act “on the enhancement of corporate governance for listed companies and autonomous public undertakings and on the amendment of the rules with regard to the prohibition against pursuing functions in the banking and financial sector”. The text of the act is final and is awaiting publication in a few days.
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