When?

The Law of 7 August 2023 enters into force on 23 September 2023.

It applies automatically to all new associations formed after that date. It also applies automatically to new foundations formed after that date.

For existing associations and foundations, the date marks the start of a 24-month transition period.

During the transition period, existing associations and foundations will continue to be governed by the Law of 21 April 1928 (as amended) until they update their articles of association to bring them into compliance with the new law.

During the transition period, the new law will apply to them only if they have updated their articles of association.

Once the transition period has ended, all associations and foundations will be subject to the new law, even if they have failed to update their articles of association. In that case, any provisions of their articles of association that are contrary to the new law will be deemed void.

The articles of association must be updated during the transition period.
Apart from being a legal obligation, updating the articles of association is also important and useful:

• if the articles of association are not updated, it will be difficult for the association's members, and for the members of its board of directors, to know which provisions still apply, and which ones no longer apply;
• if the articles of association are not updated, the association/foundation will not be able to avail itself of some of the new features of the new law, such as the option to hold board of directors and general meetings virtually, using video conferencing technology; these options will not be available to associations and foundations, unless they are specifically provided for in their articles of association.