You can now use the online tool "JustBan" to look up whether an entrepreneur has been banned in the past, for example after a fraudulent bankruptcy. The central register should prevent rogue contractors and other entrepreneurs from creating new victims. "This will certainly have a deterrent effect," says Embuild, the construction industry federation.
When entrepreneurs go bankrupt, a criminal court or a judge can issue a "management ban". This happens, for example, when a bankrupt entrepreneur has been negligent, in cases of improper management or if a manager commits criminal offences related to his or her profession. Anyone still carrying out management tasks after a ban risks a fine or imprisonment.
Few checks were often carried out, especially in the construction sector. Last year a VRT investigation showed how fraudulent contractors could repeatedly set up and run new companies after they had gone bankrupt.
Checking whether a contractor is reliable as a customer was very cumbersome. The new central register should change this. Via "JustBan", an application on Just-on-web, with only a few clicks you can look up whether someone has a management ban. You log in with the Itsme app or your e-id. You can then search by name or company number.
"It is easy to consult for everyone: for consumers, for suppliers, for fellow entrepreneurs," says Niko Demeester, CEO of Embuild. "This should create transparency and show who is actually no longer allowed to be active in construction or in other sectors."
The system is not perfect. The legal procedure to impose an administrative ban can take a very long time, up to seven or eight years. Meanwhile, fraudulent practices can continue. "Surely, in this respect the justice department should be able to work more efficiently," says the Demeester.
"But it will certainly have a deterrent effect on those who deliberately cheat, because they know they will be caught sooner or later. And those who are already banned will find it difficult to cheat people if customers do their homework."