The Belgian Federation for Ambulatory Psychiatrists (BFAP) is currently a de facto association with a view to establishing a non-profit association (NPO) in accordance with the Companies and Associations Code (CAC, Book 9).
Participation in BFAP, in any capacity whatsoever (board member, representative or member), does not entail any personal or professional liability for any damage, loss or consequential damage arising from actions, statements, positions, policy notes, advice or other activities undertaken in the name of the association.
1. De facto association – limited legal position
As a de facto association, BFAP currently does not have legal personality. All statements, activities and documents are informative and non-binding, and cannot be interpreted as legal, medical or policy obligations.
2. No personal liability
Board members, representatives and ordinary members can in no way be held personally liable for:
- external or internal policy positions;
- publications or statements in the name of the association;
- actions performed during voluntary work;
- any substantive, administrative or organisational errors.
They act in a personal voluntary capacity, without any contractual or professional commitment to third parties.
3. Information and advice without binding character
All publications and advice from BFAP are intended as a contribution to the social debate and health policy, without any guarantee of completeness or accuracy. They do not constitute professional advice or medical recommendation. Use of this information is entirely at your own risk.
5. Future NPO
When the NPO is established, articles of association will be filed in accordance with the CAC. In that context, liability will also remain limited to what is legally provided for (cf. Articles 9:17 and 9:18 CAC: limited directors’ liability, except in the event of serious misconduct, fraud or repeated minor misconduct).
Final provision
By being involved with BFAP, each person expressly acknowledges this exclusion of liability and acts on a voluntary, non-contractual basis.