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Yes. Clarico currently supports two company types in Belgium: the BVBA/SPRL and the NV/SA. The Belgian Companies Code explicitly provides for the ability to keep the shareholder register in electronic format for the NV/SA. The only requirement is that the board of directors has to take the decision (as with any other decision) to move the company’s shareholder register to an electronic platform. For the BVBA/SPRL, the Belgian Companies Code is silent. Our view is that, since the Belgian Companies Code does not explicitly forbids the keeping of the shareholder register in an electronic format for the BVBA, this is allowed.
Yes. Signatures in the shareholder register are not subject to any special signing instructions. As a result, the general rules in relation to signatures apply. The electronic signatures on Clarico are therefore admissible in evidence under Article 1322 of the Belgian Civil Code and Article 25 of the eIDAS Regulation.
Keep it as a relic of the past… or not. In the setting up of your company on Clarico you should have provided us with a scan of the share register. As long as you keep a scan of the shareholder register up to the time you switched to Clarico (if you even had a physical shareholder register before), everything is fine. We will keep the scan in a secured place so you don’t lose it. What you do with your physical shareholder register after that, is op to you.