New Policy: (Statutory) Director entitlement to ZV, OV & Cessantia

New Policy: (Statutory) Director entitlement to ZV, OV & Cessantia
The Executing Body of the Social and Health Insurances (hereafter: USZV) informs of the new policy regarding the status of the Director Majority Shareholder (hereafter: DMS). In accordance with case law, the Director Majority Shareholder (DMS) cannot be regarded as an employee within the meaning of the National Ordinances for Sickness and Accident Insurance as well as for the Cessantia National Ordinance, due to the lack of an authority relationship (In Dutch: gezagsverhouding).

In view of the foregoing, and in the interest of transparency and clarity, the USZV uses the following explanation of DMS, who cannot be considered an employee within the scope of the National Ordinances for Sickness and Accident Insurance and the Cessantia National Ordinance:

 

1. The (statutory) director (and his/her wife/husband) who directly or indirectly hold(s) more than 50% of the shares of the company and can cast more than 50% of the votes at the general meeting of the company.

2. The (statutory) director (and his/her wife/husband) of whom the relatives by blood and marriage up to and including the third degree of the (statutory) director (and his/her wife/husband) jointly hold two thirds or more of the shares of the company.

3. The (statutory) director (and his/her wife/husband) who cannot be dismissed against his/her will, because an increased majority of votes is required, which cannot be achieved without the votes of the (statutory) director (and his/her wife/husband).

4. The directors of a company who, in addition to being a director, are also 50% shareholders of the company and who cannot be dismissed against their will because of their say in the decision-making process.

The effective date of this new policy is September 1, 2022. All new applications and/or registrations must be accompanied by the Chamber of Commerce registration, including shareholder registration, as well as a copy of the deed of incorporation of the company for verification by the USZV. Based on the received documentation, the USZV will determine whether or not the application and/or registration can be processed.

The new policy will not be applied to DMS who are already registered with the USZV up to and including August 31, 2022, as insured employees within the meaning of the National Ordinances for Sickness and Accident Insurance. These rights are retained until the introduction of the General Health Insurance or the amendment of the applicable legislation. However, this group of DMS is given the option to take out a private insurance if they so wish.

If you have any questions or would like further information, you can contact us via email: info@szv.sx or telephone number: +1 (721) 546 -6782.

Published on 10:37 10-08-2022, Charonne Holder | Views: 704 - Comments: 0 - Likes: 0

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