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The regulatory regime applicable to banks
Pursuant to the Banking Act, only the following types of entities may collect deposits of cash or other repayable funds from the public or offer such services to the public: Belgian credit institutions (i.e., Belgian entities registered as credit institutions with the NBB), including Belgian subsidiaries of foreign credit institutions; credit institutions established in the EEA and holding an EEA passport (i.e., EEA credit institutions operating in Belgium either through a branch or pursuant to the principle of freedom to provide services); and branches of non-EEA credit institutions established in Belgium that are registered with the NBB.
An institution will be deemed to take deposits from the public in Belgium or to offer to do so if, to collect cash deposits or other repayable funds, it engages in any type of marketing activity (newspaper, radio or television advertising, standard documents addressed to potential clients, telephone or internet contact, etc.) targeting more than 50 people; makes direct or indirect use of one or more intermediaries; or directly solicits or has solicited on its behalf more than 50 people.
Only the above-mentioned types of institutions can refer to themselves as a credit institution or bank in their corporate name and purpose, their securities and other instruments or documents they issue, and in any marketing materials. Furthermore, these institutions may provide investment services (as defined in MiFID II) in Belgium without having to obtain a separate licence.
With the exception of certain types of loans for which separate registration is required (mainly consumer credit and mortgages), lending is not a regulated activity in Belgium and may therefore be conducted without a licence.
