As from 1 May 2018, the Belgian insolvency landscape will look different following the entry into force of the brand new Insolvency Law (Book XX of the Economic Law Code). In the wake of the electronic debt reporting system that came into force on 1 April 2017, the filing of bankruptcy must also be made electronically in the Central Solvency Register (RegSol) as of 1 May 2018.
One of the objectives of the insolvency law reform was the digitization of the bankruptcy file. We already extensively reported on this matter in a previous contribution, which you can consult by clicking here.
But, if a debtor is not able to electronically file for its bankruptcy, it is still possible, by way of exception, to file for bankruptcy by means of a standard (paper) filing at the court, that will file the bankruptcy in RegSol.
The Insolvency Law enumerates the documents that have to be added when filing for bankruptcy.
It should be noted that the law expressly stipulates that a debtor who exercises a liberal profession - who can also be declared bankrupt from 1 May 2018 - is not authorised to violate his professional secrecy when filing for bankruptcy.
At the time of his filing, the debtor will have to communicate the following documents :
(1) a note taking stock of the affairs or a note indicating the reasons preventing him from filing it;
(2) a balance sheet containing a statement of assets and liabilities, an inventory of all movable and immovable property of the debtor indicating the value, a statement of assets and liabilities, an overview of receivables and debts, and an overview of the profits and the losses, the most recent income statement, an overview of the expenditures; these documents must be certified true, dated and signed by the debtor.
(3) Information relating to the place where the books and records are located, indicating whether these are held by third parties; if so, the contact details of these third parties have to be given and how the accounting information can be accessed;
(4) to the extent that the debtor employs or has employed workers during the last eighteen months :
- the personnel register,
- the individual accounts provided for in Article 4, § 1, 2 °, of the Royal Decree No 5 of 23 October 1978 relating to the keeping of social documents, both those of the past and the current calendar year,
- the contact details of the employers' pay-roll agency and the social insurance funds at which the enterprise is affiliated with,
- the identity of the members of the Committee for Prevention and Protection at Work and members of the trade union delegation,
- as well as, if applicable, the access code granted to the enterprise by the National Social Security Office, that allows the consultation of the electronic personnel register and gives access to the other relevant identification data;
(5) a list with the name and address of customers and suppliers;
(6) the list of any individual, mentioning the name and address, who has granted a personally security for free, in favor of the enterprise;
(7) a list of the partners if the debtor is an enterprise referred to in article XX.1er, § 1, paragraph 1, c), or if the debotor is a legal entity with unlimited liable partners, including the proof that these partners have been informed about the filing.
The form of the filing itself will be futher determined by royal decree.