Law On The Accounting And Tax Professions (1)

Original Language Title: Loi relative aux professions comptables et fiscales (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Posted the: 1999-05-11 Numac: 1999016119 Ministry of the Middle CLASSES and AGRICULTURE April 22, 1999. -The accounting and tax professions Act (1) ALBERT II, King of the Belgians, has all, present and future, hi.
The Chambers have adopted and we endorse the following: title I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
TITLE II. -Of the Institute of Chartered Accountants and tax consultants chapter I:. -Creation, object, Member art.
2. There is created an Institute of Chartered Accountants and tax consultants, hereinafter referred to as the Institute, which has legal personality.
The Institute is holder of the rights and obligations of the Institute of Chartered Accountants.
Its registered office is established in the bilingual region of Brussels-capital.
S.
3. the Institute's mission to ensure the training and to ensure the permanent organization of a body of specialists capable of a public accountant and tax consulting, duties which it can control and specify the Organization, with all the guarantees of competence, independence and professional probity. The Institute also ensures the proper fulfilment of the tasks entrusted to its members.
S. 4 are members of the Institute: 1 ° individuals who are given the quality of accountant and/or tax advice;
2 ° companies with legal personality that have been given the quality of accountant and/or tax advice.
Trainees are not members of the Institute, but are subject to its supervision and disciplinary power.
S. 5 § 1. The Institute establishes the Member table. This table contains a list of certified public accountants and a list of tax consultants. A qualified chartered accountant and tax consultant is registered on these two lists. The list of certified public accountants takes over in a sublist, external accountants referred to in articles 35 and 36. The list of tax consultants takes over in a sublist, external tax consultants referred to in articles 39 and 40.
Table of members mentioned next to the name of the natural person or the name or of the name of the company, the qualifications conferred by the Institute, he mentions, next to the name or the particular name of listed companies, the name of his associates.
§ 2. The table of Member was arrested on 1 January of each year.
Any person may at any time become acquainted at the headquarters of the Institute or contact him to get it.
S. 6. members pay a premium, the annual amount is fixed by the General Assembly of members, within the limits and under the terms laid down in the internal regulations of the Institute.
The King may determine the maximum amount of the contribution.
CHAPTER II. -Management, operation, heritage and budget article 7 § 1. The King stops internship regulations and the rules of ethics, and regulations necessary to ensure the functioning of the Institute and the achievement of the objectives assigned to it by this Act.
These regulations are taken on the proposal or after the opinion of the Council of the Institute and after receiving the opinion of the Conseil supérieur referred to in article 54.
§ 2. Any legal or regulatory provisions which would have the purpose or consequence of change the missions assigned to the functions under sections 34 and 38 will be a prior opinion of the Council of the Institute.
§ 3. The Council of the Institute may establish advisory committees with the task of preparing its decisions and submit opinions and proposals.
S. 8. the General Assembly of the Institute is composed of all natural persons members.
Students may attend the General Assembly with voice but without vote.
General Assembly elects the president, Vice President, the Commissioners and the other members of the Board of the Institute, accepts or refuses the gifts and bequests for the Institute, authorizes the disposition or pledge of his buildings, approves the annual accounts, gives discharge to the Management Board, deliberates on all objects for which this Act and the regulations assign jurisdiction.
The Assembly takes knowledge, in addition, by way of advice, proposals or recommendations to the Council, of all objects affecting the Institute and who are regularly submitted.
The decisions of the Assembly are taken by a majority of the members present or represented. Each Member has a vote. Members can give to another proxy in writing to vote in their place at general meetings. Each Member may be carrying two proxies to the maximum.
S. 9. the General Assembly meets at least once a year. The date and modalities of this meeting are determined by the rules of procedure.
This House, the Council of the Institute presents a report on its activities during the past year and submit for its approval the annual accounts and the budget for the new fiscal year, in accordance with article 15.
The Council of the Institute may convene the general meeting whenever it deems appropriate. Must the call when one-fifth of the members so request in writing, specifying the object they wish to see wearing the order of the day.
The convocations are addressed, for the ordinary general meeting, at least one month, and for extraordinary general meetings, at least eight days before the meeting;
they mention the agenda.
The annual accounts are prepared in accordance with the model stopped by the rules of procedure and shall be communicated to the members.
S. 10. the management of the Institute is provided by the Board: 1 ° a president and a vice-president, elected by secret ballot for three years by the General Assembly among the members of the Institute; their mandate, which expires the day of the annual general meeting, may be renewed once.
If the president is French-speaking, the vice-president is necessarily Dutch expression and vice versa. One of the two must be a certified public accountant, the other the quality of tax advice.
2 ° twelve members, including six French and six Dutch expression, elected for three years by the General Assembly among the members of the Institute, in a separate secret ballot of the previous; their mandate can be renewed. At least a quarter of the members must be included in the list referred to in article 5, § 1, paragraph 1, which has the fewest members.
Among these twelve members, the Council of the Institute refers to a Secretary of French-speaking and a Dutch expression Secretary; one of the two will be charged by the Board of the Institute at the same time assume the office of Treasurer.
The decisions of the Council of the Institute are taken by a majority of the votes. In the event of parity of votes, the vote of the president is dominating.
S.
11. the Council of the Institute represents the Institute in law and justice, both asking what defending.
It ensures the functioning of the Institute in accordance with this Act and the regulations referred to in article 7, § 1.
It has all the powers of management and disposal, with the exception of those which it has been deprived by this Act or by a regulation referred to in article 7, § 1.
The Council may entrust the daily management of the Institute in an Executive Committee chaired by the president of the Institute. In addition to the president, the Executive Committee includes the Vice President and possibly other members of the Council.
S. 12 only natural persons can be elected. President, vice-president and Secretary functions are free, except possibly the allocation of tokens of presence and a service allowance, which amounts are fixed by the General Assembly.
The functions of Member of the Internship Committee, the Disciplinary Committee and the Appeal Board are free, except possibly the allocation of tokens of presence and compensation function, including the amounts are fixed by the Council of the Institute.
The King may determine the maximum amount of the amounts referred to in the preceding paragraphs.
S. 13. the revenue of the Institute and the rules relating to the establishment and control of the accounts and the budget are determineespar the rules of procedure, subject to the provisions of articles 14 and 15.
The Institute may have other buildings than those which are necessary for its operation or those whose acquisition, whether free or not, or rental taking is authorized by the King.
The exceptions referred to in the preceding paragraph the Institute can affect its Belgian availabilities to the purchase of State funds or other securities enjoying, as to principal and interest, the State guarantee.
The inter vivos or testamentary provisions in favour of the Institute shall have no effect until after authorization or approval by the King.
The Institute can, in no case have free of charge of its heritage, or distribute it in whole or in part between its members or their successors.
S.
14. the revenue of the Institute consist of: 1 ° the contributions referred to in article 6;
2 ° income and various products of its heritage and the activities inherent to its missions.
3 ° grants, bequests and donations.
S. 15. each year the Institute Board submits to the General Assembly: 1 ° the annual accounts of the Institute in the previous December 31.
2 ° the budget for the new fiscal year;
3 ° the report on the work of the Institute during the past year;
4 ° the report of the Commissioners.
The annual accounts must previously have been checked

by one or more Commissioners, members of the Institute, designated for this purpose by the General Assembly apart from the members of the Council of the Institute, for one year, and re-elected two times consecutively.
Their mandate can be paid.
TITLE III. -Provisions common to accountants and tax consultants, chapter I. -Securities accountant and tax consultant s.
16. a physical person cannot bear the title of accountant and/or tax consultant only if she had been given by the Institute the quality of accountant and/or tax advice.
However students may wear the question title marked "intern"; the conditions laid down by the rules of procedure, the Council may allow the port to title fees.
S.
17. a company may use in its name, in its particular designation, in the definition of its purpose or in his advertising the title of accountant and/or tax advice unless it had been given by the Institute the quality of accountant and/or tax advice.
The provision in paragraph 1 does not apply to educational institutions or professional groups of accountants and/or tax advice.
S. 18. Apart from people with the quality of accountant and/or tax advice, no person shall make use of a term likely to create confusion with the title of chartered accountant or tax advice.
S.
19. the Institute gives a physical person, at his request, the quality of accountant and/or tax advice if it meets the following conditions: 1 ° be Belgian or resident in Belgium.
2 ° not have been deprived of their civil and political rights, have not been declared bankrupt without having obtained rehabilitation and not having incurred a sentence of imprisonment, even conditional, three months at least for one of the offences mentioned in article 1 of the royal decree No. 22 of 24 October 1934 prohibiting certain convicted offenders and to the bankrupts to perform certain duties , occupations or activities and conferring on the courts of commerce faculty decide such bans, for an offence under the Act of 20 September 1948 on the organisation of the economy, for an offence to the coordinated laws on commercial companies, to the law of 17 July 1975 on accounting and the annual accounts of companies and its execution decrees or tax legislation.
3 ° be carrying a Belgian or Belgian education university diploma, university diploma issued after four years of studies at least in one of the disciplines that the King determines, or graduated from economic higher education issued by an establishment approved for that purpose by the King, or a diploma of graduate, issued by a school comprising a section of commercial sciences and management of a single cycle or meet the requirements of diploma and/or experience determined by the King. The diplomas awarded abroad in the same disciplines are admitted subject to prior recognition of their equivalence by the Belgian authority competent.
The King may authorize the Institute Board to recognize the equivalence of diplomas awarded abroad in individual cases.
4 ° completing the course organized by the course regulations.
5 ° having passed an examination of fitness program, the terms and conditions and the examination Board, adapted to the qualities of accountant and tax advice and where appropriate developing experience as a member of the Institute, are set by the King.
6 ° take at the time of inscription on the list of external accountants and/or external tax consultants of the Institute before the commercial court of domicile the following oath: "I swear loyalty to the King, obedience to the Constitution and the laws of the Belgian people, and I swear to faithfully, in conscience, the missions which will be entrusted to me.
Persons of foreign nationality shall before the commercial court of their domicile in Belgium the following oath: "I swear to faithfully in conscience, according to Belgian law, the missions which will be entrusted to me.".
It may be conferred to the same person the quality of Auditor and tax consultant.
The quality of accountant can be conferred on a person with the quality of Auditor.
Individuals with the quality of Auditor may carry on the activities referred to in article 38, 3 °, and for companies with which they do not revisorales missions.
S.
20. in the conditions laid down by the King, the Institute gives the quality of accountant and/or tax advice, at his request: 1 ° to any professional civil society referred to in section 41, § 1, 2 °, enjoying legal personality incorporated under Belgian law empire;
2 ° to any person not domiciled in Belgium, having in a foreign State recognised quality equivalent to that of accountant and/or tax consultant;
3 ° to any corporation incorporated under the influence of foreign law in the State under whose law it is constituted, a recognized quality equivalent to that of accountant and/or tax consultant and which is established in Belgium.
S. 21. under the conditions laid down by the King, the Institute provides quality public accountant and/or tax consultant, at his request, to any corporation incorporated within a group of companies or a trade association, or by one or more undertakings, whose social purpose is to render services listed in articles 34 and 38 to the companies of the group to affiliates of the professional group his associates or, with regard to the services listed in article 38, to third parties.
Within the companies referred to in this article and in article 20, 3 °, the activities listed in articles 34 and 38 must be performed when they are performed in Belgium, by or under the effective management of a natural person having the quality of accountant or tax advice. This public accountant or tax advice is, because of the activities which the fulfillment or the actual direction is entrusted to him, personally subject to the discipline of the Institute.
S. 22. the quality of accountant and/or tax consultant is withdrawn by the Institute if the condition referred to in article 19 (2), is no longer met. Withdrawal of the quality of accountant and/or tax advice entail ipso jure the omission of the table of the members of the Institute.
All public accountant or tax advice which has been omitted may, at the expiry of a period of five years from the date where the decision to withdraw is passed into res judicata, ask to be reinstated in the table to the Institute. The reinstatement is permitted only once statutory condition referred to in article 19 (2) again met and after reasoned decision of the Council of the Institute.
S. 23. any decision of the Institute for refusing or withdrawing the quality of accountant and/or tax advice is likely an action on the part of the person concerned before the Appeal Board referred to in article 7 of the Act of 22 April 1999 relating to professional discipline of accountants and tax consultants.
CHAPTER II. -The training of Chartered Accountants and tax consultants s. 24. the Commission organizes for those who intending to the function of accountant and/or tax consultant the training provided for in article 19, including the qualifying examination.
The duration of the course, leading to one or the other or both abovementioned functions, is three years.
Regulation of the course determines in which cases, taking into account the training and experience of the candidate, a reduction in the duration of the internship may be granted.
Both Belgians that for foreigners, the reduction is granted by decision of the Council.
S. 25. to be admitted to the course, you must: 1 ° meet the conditions laid down in article 19, 1 ° and 2 °.
2 ° meet the degree and/or experience requirements laid down in application of article 19, 3 °, and pass an examination for admission to a level that can ensure the competence and the ability of the future accountant and/or tax consultant;
3 ° have concluded an internship agreement with a member of the Institute with at least five years of registration in the table in I' Institute, and who is committed to guide the trainee and to assist him in his training as an accountant and/or tax advice. The convention requires the approval of the commission's internship.
S. 26. the rules of stage determines the rights and obligations of the master of internship and trainee, the composition and powers of the commission of course, the rules of remuneration of trainees, as well as the rules of discipline, and the way in which the trainees are associated with the operation and represented in the Institute.
The Commission also determines the rules according to which trainee accountants are responsible for the development, free of charge and under the control of their supervisor, a financial plan as referred to in article 29ter of the coordinated laws on commercial companies, for entrepreneurs in the context of their first settlement.
Where appropriate, the commission's internship attend candidate internship in its search for a supervisor.
Any decision of the Board denying the admission of a candidate to the internship is likely an action on the part of the person concerned before the Committee provided for in article 7 of Act of 22 April 1999 on professional discipline of accountants and tax consultants.

CHAPTER III. -For the exercise of functions public accountant and tax consultant s.
27. the Commission sets the standards and technical and ethical guidelines for the exercise of the function concerned.
S. 28 § 1 in accordance with its purpose, the Council shall ensure the proper fulfilment by the members of the missions entrusted to them. In particular, it ensures that all members continue permanently their vocational training.
The Board may also determine the rules according to which external members make an initial free consultation to businesses who ask it in the course of their first year of operation.
§
2. It shall also ensure that external accountants and external tax consultants: 1 ° have, before accepting a mission, capabilities, collaborations and the time required for its proper performance;
2 ° carry out with due diligence and independently of the missions entrusted to them.
3 ° accept no missions in conditions that may call into question the objectivity of their exercise;
4 ° are not activities incompatible with the independence of their function.
To this end, the Council may: 1 ° require members the production of information, of any justification and any document and particularly their plan of work and their notes.
2 ° conduct member surveys on their methods of work, their organization, completed stagecoaches and the manner in which they exercise their mission.
S. 29. If the Commission has knowledge that a member has a conduct contrary to section 28, it directs to comply within the time limit that it determines.
If the Member is there not give suite in a satisfactory manner within the time limit, the Council can make ban the Member to accept some new missions or demand that he resign, within the time limits to be fixed, some missions which it has accepted until compliance with the injunctions of the Council. The appeal of the decision of the Board is submitted to the Appeal Board.
S. 30. any Member who is the subject of a judicial, disciplinary or administrative proceeding relating to the exercise of its function, must notify the Commission. The Member shall communicate the decision cast in force of res judicata to the Council.
The Council may be consulted by the legal, disciplinary or administrative proceeding.
S. 31. the accounting advice and external external tax cannot: 1 ° carrying on business activities or functions of administrator or Manager of commercial companies or companies in commercial form other than those formed between holders of the same quality or between holders of different qualities with prior authorization always revocable by the Institute, except when these functions are entrusted to them by a court;
2 ° exercise of activities incompatible with the dignity or independence of their function.
S. 32. whenever a mission is entrusted to a company referred to in article 4 (2), it is required to designate a natural person representative referred to in article 4, 1 °, which is responsible for the execution of the mission in the name and for account of the company among its partners, managers or administrators. This representative is subject to the same conditions and incur civil, criminal and disciplinary responsibilities if he performed this mission on behalf and for own account, without prejudice to the joint and several liability of the civil society it represents. It cannot revoke his representative by simultaneously designating his successor.
The designation and the cessation of the functions of the permanent representative are subject to the same rules of advertising only if he performed this mission on behalf and for its own account.
S.
33. the external accountants and external tax consultants are responsible for the fulfilment of their professional duty in accordance with the common law. It is forbidden to evade this responsibility, even partially, by a special convention. They are required to cover their professional liability by an insurance contract approved by the Council of the Institute.
TITLE IV. -Specific provisions in the functions of accountant and tax consultant, chapter I. -Of the chartered accountant s. function 34. the accountant activities to run in private companies, public bodies or on behalf of any person or any body interested, the following missions: 1 ° audit and recovery of all accounting documents;
2 ° the expertise, both private and judicial, in the field of the accounting organization of enterprises and the analysis by the processes of accounting technique of the situation and the operation of businesses with their credit, their performance and their risks;
3 ° the organisation of accounting and administrative business services and activities of accounting and administrative business organization consultancy;
4 ° the activities of organization and holding of accounts by third parties;
5 ° the activities referred to in article 38, excluding those referred to in article 38, 3 °, companies with whom it performs missions referred to in 6 ° and article 37, paragraph 1, 2 °;
6 ° the missions other that those referred to in 1 ° to 5 ° and which it is reserved by law or by virtue of the Act.
S.
35. any individual who has been given the quality of accountant is registered, at his request, to the sublist of Accountants external referred to in article 5, if it carries on or intends to exercise all or part of the activity defined in article 34, exclusively, main or accessory, outside of a contract of employment or a paid public service.
S. 36. any company which has been given the quality of accountant is registered, at his request, to the sublist of external accountants referred to in article 5 if it carries on or intends to exercise all or part of the activity defined in article 34.
S. 37. the natural persons and companies listed in the sublist of external accountants, referred to in article 5 are only empowered to exercise usually or to offer to perform: 1 ° the activities referred to in article 34, 1 °, 2 ° and 6 °;
2 ° the tasks referred to in article 64, § 2, coordinated laws on commercial companies.
The paragraph 1, 1 °, does however not apply: 1 ° to the members of the Institut des réviseurs d'Entreprises.
2 ° to the activities referred to in article 34, 1 ° and 2 °, carried in the links of subordination of a contract of employment or under a service paid by the public authorities which do not lead to a certificate or a report intended to be given to third parties.
CHAPTER II. -Of the tax consultancy service s. 38. the tax consultancy activities consist in: 1 ° give advice relating to all tax matters;
2 ° assisting taxpayers in fulfilling their tax obligations;
3 ° to represent taxpayers.
S.
39. any individual who has been given the quality of fiscal Council is registered, at his request, to the sublist of external tax consultants, referred to in article 5, if it carries on or intends to exercise all or part of the activity defined in article 38, exclusively, main or accessory, outside of a contract of employment or a paid public service.
S. 40. any company which has been given the quality of fiscal Council is registered, at his request, the slot list external tax advice, referred to in article 5, if it carries on or intends to exercise all or part of the activity defined in article 38.
Title V. - Companies chapter I: corporations between licensees of the same quality arts 41 § 1. An accountant and/or tax advice could join other members having the same quality or to other persons in a foreign State an equivalent recognized quality by the King in execution of international treaties to which the Belgium is party or subject to reciprocity, to: 1 ° implementing common of all or part of the costs relating to their function , or 2 ° the joint exercise of functions or activities compatible therewith.
§ 2. The combination of an accountant or tax advice to a person in a foreign State, a recognized equivalent quality by the King to respectively chartered accountant or tax advice in execution of international treaties to which the Belgium is party or through reciprocity, shall be subject to prior authorization always revocable by the Council of the Institute: 1 ° if this person is empowered by its national status to exercise functions which are not compatible in Belgium with the functions of accountant
or tax advice;
2 ° If this association is entered into a form, under a statute or under conditions which accountants or tax advice could not join in Belgium.
Table of Member refers to the name of the company which they belong next to the name of accountants or tax advice.
CHAPTER II. -Partnerships between holders of different qualifications art. 42. no society can, for the joint exercise of professional activities or the development in common of all or part of the costs relating to the profession, being formed between one or several accountants or tax advisers and other people, members or not of the Institute, who are however not the same quality or

a quality acquired abroad and recognized equivalent by the King, except with the prior consent always revocable by the Council of the Institute, and subject to the conditions laid down by the King.
Title VI of the Professional Institute of accountants and tax experts chartered chapter I:. -Creation, object art. 43. There is created a Professional Institute of accountants and tax accountants, hereinafter referred to as 'Professional Institute', which has legal personality.
The Professional Institute is holder of the rights and obligations of the Professional Institute of accountants. Its registered office is established in the bilingual region of Brussels-capital.
S. 44. the Professional Institute mission is to ensure training and ensure the permanent organization of a body of specialists able to exercise the activities referred to in article 49, with all the required guarantees from the competence, independence and professional probity. The Professional Institute also ensures the proper fulfilment of the tasks entrusted to its members.
CHAPTER II. -Organization, functioning art. 45. the Organization and functioning of the Professional Institute are governed by articles 6, §§ 2 to 4, 7, 8, 9 and 14 of the framework law of 1 March 1976 regulating the protection of the professional title and the exercise of intellectual professions service providers and by the provisions of the royal decree of 27 November 1985 laying down rules of organization and functioning of the professional institutes created for intellectual professions service providers.
The national Council of the Professional Institute may create committees to prepare its decisions or advise.
Chapter III of the profession of accountant and chartered accountant and accountant-tax approved article titled 46. no one may practise as independent, as principal or ancillary, the accounting profession or use the professional title of 'chartered accountant' or 'trainee accountant' or otherwise likely to cause confusion if it is registered at the table of the holders of the profession on the list of trainees required by the Professional Institute.
No person shall in addition bear the professional title of ' accountant-tax approved ' or 'trainee accountant', or otherwise likely to cause confusion, it is accounting approved and if he is enrolled in the table the "chartered accountants-taxation", or on the list of "accounting-taxation trainees' held by I' Professional Institute the King sets the rules for the granting by the Professional Institute of the leave to Belgium the title of chartered accountant or accountant-tax approved or , with regard to companies, to make use of these terms in their particular denomination, in the definition of their purpose or in their advertising, the natural persons residing abroad and foreign law firms, having in their country a recognized quality equivalent to that of chartered accountant or certified tax accountant who work in Belgium of the activity of accountant or accountant-tax services without being established.
S. 47. when the accounting profession is exercised in the context of a legal person, article 46 is applicable to directors, managers or active partners, according to the conditions laid down by the King. As long the King did not set those conditions, article 3 of the framework law of 1 March 1976 regulating the protection of the professional title and the exercise of intellectual professions rest of application service providers the legal person who has this regulated profession, must also be recognized, following the rules laid down by the King.
S. 48. the Auditors and accountants, as well as the trainee Auditors trainee accountants, may exercise the professional activities of accountant without being registered in the table of holders of the profession or on the list of trainees.
If they make use of this option, they are not allowed at the port of the title of 'chartered accountant' or 'trainee accountant.
S. 49 carries on the professional activity of accountant who, in a habitual and independent manner and on behalf of third parties, realizes:-the Organization of accounting services and the Council thereof;
-the opening, holding, centralization and the closure of the accounts to the accounts;
-determination of the results and the preparation of the annual accounts in the form required by the relevant legal provisions - the activities referred to in article 38.
S.
50 § 1. To be and remain certified as accountant or accountant-tax, the person must meet the following conditions: 1 ° take personal responsibility from any professional action and to cover its professional liability by an insurance contract approved by the national Council of the Professional Institute;
2 ° the rules of Ethics developed by the Professional Institute;
3 ° pay a fee whose amount is fixed annually by the national Council of the Professional Institute within the limits and under the terms laid down in the internal regulations of the Institute.
§ 2. To be approved as an accountant, the person concerned must also be a carrier of one of the diplomas, certificates or titles: has) a degree lasting at least four years of University studies or university level with a course of accounting and tax law;
(b) a degree lasting at least four years of University studies or university level completed by a diploma corresponding to a curriculum of one year of specialization in relevant materials for the exercise of the profession;
(c) a diploma in accounting diploma issued by a school or an economic higher education courses;
(d) a diploma in economic higher education short type and full exercise or social advancement, a section of trade, Commerce, accounting or accountancy, administration of the enterprise, accounting-information technology or accounting-taxation;
(e) a graduate in management, option expertise accounting-taxation, degree issued by a school comprising a section of commercial sciences and management of a single cycle;
(f) a diploma or evidence referred to in the annex to the royal decree of 2 October 1937 on the the status of agents of the State, under the heading of level 1, recognized by the King after the opinion of the Professional Institute;
(g) a certificate equivalent to one of the titles mentioned above and issued by a panel of State and community;
(h) a degree of entrepreneurial training corresponding to the accounting profession:-referred to as provided by article 13, § 3, of the royal decree of 4 October 1976 concerning lifelong learning in SMEs;
- or issued in implementation of the Decree of 23 January 1991 the Flemish Council on training and the accompaniment of the self-employed and small and medium-sized enterprises;
- or issued in implementation of the Decree of 3 July 1991 of the Council of the French community on the continuing education for the middle class and small and medium-sized enterprises;
- or issued in implementation of the Decree of 16 December 1991 of the Council of the German-speaking community on training and continuous training in SMEs and small and medium-sized enterprises;
(i) a comparable degree issued by any other institution, and recognized by the King after the opinion of the Professional Institute.
§ 3. To be and remain registered as accounting-tax, the chartered accountant must also be bearer of one of the diplomas, certificates or titles: has) a degree lasting at least four years of University studies or university level with a course of accounting and tax law;
(b) a degree lasting at least four years of University studies or university level completed by a diploma corresponding to a curriculum of one year of specialization in relevant materials for the exercise of the profession;
(c) a diploma in accounting diploma issued by a school or an economic higher education courses;
(d) a degree of economic higher education short type and full enjoyment of social promotion and a section of trade, Commerce, accounting, accounting or fiscal sciences, administration of the enterprise, accounting-Informatics or accounting-taxation;
(e) a graduate in management, option expertise accounting-taxation, degree issued by a school comprising a section of commercial sciences and management of a single cycle;
(f) a diploma or evidence referred to in the annex to the royal decree of 2 October 1937 on the the status of agents of the State, under the heading of level 1, recognized by the King after the opinion of the Professional Institute;
(g) a certificate equivalent to one of the titles listed above and issued by a panel of State and community;
(h) a degree of entrepreneurial training corresponding to the counselling profession tax:-referred to as provided by article 13, § 3, of the royal decree of 4 October 1976 concerning lifelong learning in SMEs;
- or issued in implementation of the Decree of 23 January 1991 the Flemish Council on training and the accompaniment of the self-employed and small and medium-sized enterprises;
- or issued in implementation of the Decree of 3 July 1991 of the Council of the community

French matter of training permanent for the middle class and small and medium-sized enterprises;
- or issued in implementation of the Decree of 16 December 1991 of the Council of the German-speaking community on training and continuous training in SMEs and small and medium-sized enterprises;
(i) a comparable degree issued by any other institution, and recognized by the King after the opinion of the Professional Institute.
§ 4. Securities whose issue in § 2) g) and § 3A) to g) with the exception of f) above must be issued by institutions providing education or training, organized, recognized or subsidized by the State, the communities, the regions or the community commissions.
S. 51. the register of holders of the profession is subject to the completion of a satisfactory manner of an internship with the equivalent of 200 days of professional practice as independent in the course of a period of 12 months minimum and 36 months maximum. The internship ends by successful completion of a practical examination organized by the Professional Institute. This review may be different for trainee accountants and accountants-tax students. The program, the conditions and the examination Board are set by the King.
The national Council also determines the rules according to which trainee accountants are responsible for the development, free of charge and under the control of their supervisor, a financial plan as referred to in article 29ter of the coordinated laws on commercial companies for entrepreneurs in the context of their first settlement.
The national Board may also determine the rules according to which members make an initial free consultation to businesses who ask it in the course of their first year of operation.
S.
52 § 1. Accountants approved which, at the date of entry into force of this provision, have a diploma referred to in article 50, § 2 or § 3 or exercise at that time professional activity referred to in article 49, last indent, on their own behalf or as agents or bodies on behalf of a legal entity, are registered at their request to the table as the holder of the professional title of accountant-tax approved by the Professional Institute Executive rooms.
They have a period of six months after the entry into force of this provision to apply, by registered letter to the post, their registration as chartered accountant-tax. They are exempt from the obligations referred to in article 51.
§ 2. The registration process is done in accordance with the provisions of the royal decree of 27 November 1985 laying down the rules of organisation and operation of the professional institutes created for intellectual professions service providers.
§ 3. The request must be accompanied by either a copy of the conformity certified diploma, or evidence of the exercise of the profession. The documents referred to in article 2 of the royal decree of 24 June 1987 organizing the transitional arrangements referred to in article 17 of the framework law of 1 March 1976 regulating the protection of the professional title and the exercise of intellectual professions service providers as well as proof of the registration in the register of trade or the registry of civil societies mentioning tax activities under the heading 'actually performed activities' are valid for the year of fiscal activities during the relevant periods referred to own account or on behalf of a legal person.
§
4. The registration application is studied by the competent executive board only after payment of a fee of two thousand francs to the Professional Institute folder.
TITLE VII. -Of the inter-Institute Arts Committee
53. a cross-Institute Committee is created, composed of presidents and respective vice-presidents of the Institute of Chartered Accountants and tax consultants, of the Institute of Auditors and the Professional Institute of accountants and chartered tax advisers.
It is a body for consultation between institutes and including competence to deliberate on any matter of interest to the various institutes.
This Committee meets at least twice a year. At the request of the members of one of the institutes, the Committee meets under the conciliation procedure, whose modalities are determined by the King.
Its opinion is required on any bill or royal decree affecting the specific missions of accountants or auditors as well as of the tips tax, accounting and accountants-tax advisers.
TITLE VIII. -Of the Higher Council of the economic professions art. 54 § 1. It is created a "Higher Council of economic professions", hereinafter referred to as the Board of Governors. The Board of Governors is an independent agency headquartered in the bilingual region of Brussels-capital.
The Higher Council of mission is to contribute, by way of notice or recommendations issued initiative or on request, addressed to the Government, the Institute of Chartered Accountants and tax consultants, the Institut des réviseurs d'Entreprises or Professional Institute of accountants and tax consultants approved, that missions that the Act entrusts to the auditor of companies and accountants as well as the activities of accountant tax consultant, auditor company, accountant and accountant-tax authorized to be exercised in respect of the general interest and the requirements of social life. These opinions or recommendations will relate notably to the exercise of the tasks referred to in article 15bis of the Act of 20 September 1948 on the organisation of the economy.
The Board of Governors must be consulted on any order royal to take in pursuance of this Act or laws relating to the professions of Chartered auditor, chartered accountant, tax consultant, accountant and accountant-tax approved. The King must motivate explicitly any derogation from a unanimous opinion of the Board of Governors.
The Board of Governors must also be consulted on any decision generality to take, pursuant to article 27, by the Council of the Institute of Chartered Accountants and tax advice, or by the Council of the Institute of Auditors or by the national Council of the Professional Institute of accountants and chartered tax advisers. The Council of the Institute of Chartered Accountants and tax consultants, the Council of the Institute of Auditors and the national Council of the Professional Institute of accountants and chartered tax advisers may waive a notice approved by the majority of the members of the Board of Governors if the notice relates to a matter pertaining to more than one profession or quality.
The concerned Council cannot waive notices relating to a matter related only to a single profession or quality only with express motivation.
The Board of Governors must issue opinions requested of him within three months. Otherwise, it is assumed to have delivered a favourable opinion.
§
2. The Higher Council organizes a permanent dialogue with the Institute of Chartered Accountants and tax consultants, the Institute of Auditors and the Professional Institute of accountants and chartered tax advisers.
It may be for this purpose of the working groups with each of these institutes.
§ 3. The Board of Governors may file a complaint to the Disciplinary Committee of the respective institutes, as appropriate, against accountants, auditors companies, tips tax, accountants or accountants-tax advisers. The Committee concerned shall inform the Superior Council of the outcome of this complaint.
§ 4. The Board of Governors is composed of seven members appointed by the King. Four of them, including one must be representative of small and medium-sized enterprises, are presented on a double list proposed by the central Council of the economy. Three members are presented by the Minister who has business in his or her attributions, the Minister of finance and the Minister that the Middle Classes.
Their fees are fixed by the King.
§ 5. The King shall adopt the rules of procedure of the Board of Governors on a proposal from the. The Ministry of Economic Affairs is responsible for the secretariat and the Board of Governors infrastructure. Other costs of operation of the Board of Governors are supported by institutes in the manner and within the limits determined by the King.
TITLE IX. -Provision repealing art. 55 § 1. Chapters IV and V of the auditing of companies reform act of 21 February 1985, are repealed.
The orders made pursuant to the provisions of these chapters shall continue to apply as long as they are not modified on the basis of this Act.
§ 2. The royal decree of 19 May 1992 protecting the professional title and the exercise of the profession of accountant is repealed.
TITLE x. - Provision amending art. 56. article 614, 9 °, of the Judicial Code is replaced by the following provision: «9 ° of the decisions made by the Board of the Institute of Chartered Accountants and tax consultants.».
S. 57. in article 2A, 4 ° of the Act of 11 January 1993 on the prevention of the use of the financial system for the purpose of money laundering is replaced by the following provision: «4 ° the natural or legal persons registered on the list of external accountants and external tax consultants list referred to in article 5, § ".

1, of the Act of 22 April 1999 on the accounting and tax professions, so that physical or legal persons listed in table of Chartered Accountants and chartered accountants-tax table referred to in article 46 of the Act. ».
TITLE XI. -Provisions criminal art.
58. one that assigns publicly and without qualification chartered accountant or tax advice, or contrary to articles 16, 17, 18 and 37 is punishable by a fine of 200 francs to 1,000 francs.
Articles 10, 12 and 13 of the framework law of 1 March 1976 regulating the protection of the professional title and the exercise of intellectual professions service providers are chartered accountants and chartered accountants-tax enforcement.
Article 458 of the penal Code applies to external accountants, external tax consultants, Chartered Accountants and accountants-tax accountants, trainees and persons which they comply.
Corporations are civilly responsible for the payment of fines to which their bodies or servant were sentenced under this section.
Chapter VII of book 1 of the penal Code as well as article 85 of the Code are applicable to the offences referred to in the preceding paragraphs.
TITLE XII. -Provisions transitional art. 59. the rights of the staff of the Institute of Chartered Accountants and the Professional Institute of Accountants keeps them against the corresponding institutes created by this Act.
S. 60 § 1. For the periods which he fixed the duration and total cannot exceed three years from the entry into force of this Act, the King may on the basis of criteria taking into account qualifications and/or work experience of the candidate, conditions for access to the title of tax advice which derogate from the provisions of this Act.
§ 2. The King determines the conditions under which corporations, that supplying services referred to in article 38 before 1 January 1999 can bear, after the entry into force of this Act, the title of Council tax for a period of maximum three years.
§ 3. During these periods, the Council of the Institute takes individual decisions for granting the quality of fiscal Council on the advice of a Committee that it creates and which it determines the composition and operation and which is responsible for examining whether candidates fulfil the conditions for access to the title of tax advice adopted by the King in pursuance of §§ 1 and 2.
S. 61. the members of the Higher Council of the auditing firms and public accounting who were appointed on the basis of article 101 of the Act of 21 February 1985 relating to the reform of the auditing of companies perform the functions referred to in article 54, according to the rules laid down in the royal decree of 23 June 1994 implementing in relation to the Higher Council of the auditing firms and public accounting , section 101 of the Act of 21 February 1985 relating to the reform of the auditing of companies. They shall remain in office until the moment where the mandate referred to in the royal decree of 23 November 1993 on the designation of the members of the Board of Governors of the auditing of companies and accounting will expire.
By way of derogation from article 10, the Council of the Institute of Chartered Accountants, elected in 1998 in application of article 89 of the law of 21 February 1985 relating to the reform of the auditing of enterprises, remain in office until the expiry of the mandate of its members in accordance with the Act. It will take steps to associate with business members with the quality of tax advice.
The national Council, the Executive rooms and the Appeals Chambers of the Professional Institute of accountants, provided for in article 6, § 3, of the framework law of 1 March 1976 regulating the protection of the professional title and the exercise of intellectual professions service providers, such as elected at the date of entry into force of this Act, in accordance with chapter II of the royal decree of 27 November 1985 determining rules of organization and functioning of the professional institutes created for intellectual professions service providers services, shall remain in office until the expiry of the mandate of their members in accordance with the same provisions.
TITLE XIII. -Provisions finals s.
62. the King may amend the provisions of this Act and took orders in its execution to ensure the transposition into law internal directives on the mutual recognition of diplomas and vocational training.
S. 63. the King can coordinate the following provisions: 1 ° Act of 21 February 1985 on the reform of the auditing of companies;
2 ° the professional discipline of accountants and tax consultants Act of 22 April 1999;
3 ° the Act;
4 ° the provisions that expressly or implicitly change the laws referred to in 1 °, 2 ° and 3 °.
For this purpose, he may, in coordination: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° without prejudice to the principles enshrined in the provisions to coordinate, modify the drafting to ensure consistency and improve terminology.
TITLE XIV. -Entry into force art. 64. the King determines the date of entry into force of the provisions of this Act.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, on 22 April 1999.
ALBERT by the King: the Deputy Prime Minister and Minister of economy, E. DI RUPO the Minister of Agriculture and small and medium enterprises, K. PINXTEN sealed with the seal of the State: the Minister of Justice, T. VAN PARYS _ Notes (1) records of the House of representatives: 1923-98/99: No. 1. Bill.
NO. 2. Amendments.
NO. 3. Report.
NO. 4. Text adopted by the commission.
Nos. 5 and 6. Amendments.
NO. 7. Articles adopted in plenary.
NO. 8. Text adopted in plenary meeting and transmitted to the Senate.
See also: 1924-98/99: No. 1.
Bill.
NO. 2. Amendments.
NO. 3. Report.
NO. 4. Text adopted by the commission.
NO. 5. Text adopted in plenary meeting and transmitted to the Senate (article 77 of the Constitution).

Annals of the House: 2, 4 and 11 March 1999.
The Senate document: 1-1314-1998/1999: No. 1. Draft transmitted by the House of representatives.
NO. 2. Project not referred by the Senate.