Language of the annual accounts
Language in which the publication by the company has to be done
Article 101 of the Company Code stipulates that the annual accounts must be prepared in the language or in one of the official languages of the territorial jurisdiction in which the company is established. More specifically, it is the location of the actual operating headquarters that determines the language in which the documents must be published. Depending on the linguistic region, this language will be French, Dutch or German. An enterprise whose place of business is established in the Brussels Capital Region has the choice between Dutch and French. If the company has places of business in several linguistic regions, it must publish its annual accounts and, if applicable, its consolidated accounts, as well as the supporting documents to be filed at the same time, in the languages of each of these linguistic regions, on the basis of one filing per legally required language of publication.
The annual accounts or consolidated accounts may also be translated into and filed in one or several other official languages of the European Union. Unlike the publication mentioned above, any supplementary filing of this kind is not compulsory. The normal charge for filing annual accounts is applicable for this extra filing.
According to article 85 of the Company Code, the annual accounts of foreign enterprises with a branch in Belgium, as well as all documents to be filed simultaneously, must be drawn up in or translated into the language or one of the official languages of the territorial jurisdiction in which the Belgian branch of this foreign enterprise is established.
Consistency of the language
Article 174 of the Royal Decree or 30 January 2001 (for enterprises) and article 25 of the Royal Decree of 19 December 2003 (for associations and foundations) stipulate that the annual accounts or consolidated accounts as well as all documents to be filed simultaneously, must be drawn up in one and the same language. In the documents filed simultaneously it is therefore not allowed to use more than one language.
Pursuant to article 181 of the Royal Decree of 30 January 2001, the correction of individual or consolidated accounts previously submitted must be done in the same language as the individual of consolidated account concerned.