Wannes,
wannes schreef:
In a VZW (ASBL) the founders are liable. So founding a VZW/ASBL wouldn't change too much if you' concering liability.
Not true. A vzw is a legal entity in itself; so for actions organised by the vzw and following the formal structure of the vzw, it is the vzw which is the entity that is liable.
However, this does mean that you need to follow the formal rules of a vzw; e.g. actions to organise an event must have been taken in a formal meeting of the "bestuursvergadering" and at the end of the year, the "algemene vergadering" must take over the formal resposability of all actions taken by the "bestuur" during that last year.
Concerning liability, the question of the usefullness of being a vzw depends a bit on how much you look at "worse case senarios". Say that you organises a mapping-event and somebody on a scooter has a traffic-accident causing physical damage or even worse to somebody else.
It can be that the assurance-company of that person will say "I'm sorry but you where driving around as part of an organised event, under supervision of that organising party so not as a "private person"; so it's the assurance of that organisation that has to pay this".
The fact that that person is not payed by the organisation and does this out of his/her free will does not necessairy change that!
Or it can be that the assurance-company of that person will have to pay the victim but will then try to recuperate that cost at the whoever organised the event.
If I remember correctly, there was a case where a computerclub (IIRC in Knokke or Blankenberge) organised a "open deur" somewhere in a backroom of a hotel and somebody, wile moving a table- by accident hit the wall where a pieve of spaster came lose. The hotel then suit the organiser for the cost or repairing that! If you are not a formal vzw, it can be that you will be suit "as person" and that one person of the organisation will have to pay the bill who then will have to "recuperate" at the other persons of the organisation.
Again, it all depends on your attitude towards "worse case senarios" and on what exactly you want to do with this group. But, the way I see it, from the moment you start organising events, especially with things like mapping-evens where people can get involved in a traffic-accident- you better make sure that you are well prepared and -if necessairy- also assured for this. Not only for you -as organiser- but also for the person who is involved in the accident.
Anycase, another advantage for being a vzw is for fund-raising. No organisation or company (say a university or a city-council) will fund an organisation that does not have a proper "official" structure (one of the reasons being that -at least- a vzw has a to do a formal bookkeeping so their is a trace of where the money of the fund is going and not dissapear in a black-hole or somebody's personal pockets somewhere :-) ).
On the other hand, you do have to be aware that being a vzw does also include some legal obligations, like at least 2 "official" meetings a year, bookkeeping, a VAT-declaration, etc.
So it's a sword that cuts both ways.
wannes
Cheerio! Kr. Bonne. (board-member "multi computer club Brugge v.z.w.")
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