What is your name again? The importance of official names in non-profit documentation

Administrative and publication formalities are essential for all non-profit organisations (NPOs). While often viewed as tedious, these tasks can become challenging due to regular updates and new rules from the clerk's office of the Enterprise Court of Brussels. It is vital to pay careful attention to these formalities to ensure compliance and avoid potential pitfalls.

At EY Law, we have extensive experience in navigating these formalities and maintain strong connections with the clerk's office. Recently, we observed that the requirements regarding the first and last names in filed documents have become stricter.

I. What’s my name?

1. In recent weeks, the clerk's office has rejected numerous filings due to incorrect identification of individuals listed in documents (e.g., minutes, excerpts, publication forms, declarations). The clerk's office mandates that the “official” first name and all last names must be included exactly as they appear on ID cards and passports. Here are some key considerations:

• In countries like France, women may have both their maiden name and spouse's name on their ID (e.g., “Marie née MARTIN, épouse DUPUIS”). The clerk's office requires only the maiden name in filed documents.
• In Spain, individuals often have multiple last names and several first names (e.g., “Pedro Martín ALVAREZ HERRERO”). All last names and the “official” first name must be included in documentation.
• In the Netherlands and English-speaking countries, nicknames are common (e.g., William becomes Bill). The “official” first name must be used in documents.
• Many individuals may prefer alternate names over their “official” first name. However, the name on their ID or passport must be included in the documentation.

II. How to comply with this requirement?
While the stricter requirements from the clerk’s office are justified, NPOs can effectively ensure compliance with the following practical tips based on EY Law’s experience:

• Collect ID cards/passports promptly: NPOs should require directors-to-be to provide their ID cards/passports as soon as possible before meetings to ensure they have the correct official name(s) beforehand.
• Use the correct official names in all official documents: NPOs should ensure that all official documents contain the official name(s) of their directors. Including nicknames in parentheses next to the official name is acceptable (e.g., Diederick (“Dick”) VAN DIJK).
• Consistency is key: Once naming practices are established, they should be applied consistently. For example, ensure that official first and last names are used in the UBO register, as inaccuracies often arise in this area.
• In conclusion, although the stricter requirements may seem cumbersome, using the correct names in accordance with the clerk's office regulations will facilitate a smoother filing process and help avoid potential legal complications in the future.