THE PUBLIC RREC
Care Property Invest has the statute of a public RREC (Public Regulated Real Estate Company) according to Belgian law.
A RREC is subject to the following regulations:
CHARACTERISTICS OF A PUBLIC RREC
GENERAL AND OPERATIONAL
- A public RREC is an operational company whose purpose is to make real estate (in)directly available to users, and that is managed in the interest of the company, i.e. in the interest of all the stakeholders involved in that company.
- It is listed on the stock market, under control of the Financial Services and Markets Authorities (FSMA) and must adhere to very strict rules regarding conflicts of interest.
- The RREC diversifies its investment properties so that the investment risks are spread properly. In principle, each building/real estate complex may not represent more than 20% of total assets.
- A RREC may lease out as its principal activity one or more properties with purchase option when those properties are intended for purposes of general interest, including social housing.
- It is prohibited for the RREC to act as a property developer (except in case of occasional transactions).
- In addition to a number of restrictions and obligations imposed by the Companies Code and the RREC-law and the RREC-Royal Decree, the RREC complies with the regulations in the Belgian Corporate governance Code.
- The RREC Royal Decree on regulated real estate companies stipulates that the financial statements must be prepared according to the international reference IAS/IFRS.
- The investment properties that are accounted for as assets in accordance with IAS 40, must be valued by an independent expert in accordance with the ‘RREC legislation’.
- The RREC does not perform any depreciations on its real estate portfolio.
- The RECC’s debt ratio may at no time exceed 65% of its assets. If the RECC exceeds a debt ratio of 50%, it is required to prepare a financial plan.
- As a return on capital, the RREC must pay a minimum amount, calculated in accordance with the RREC Decree.
- The RREC is subject to corporate tax, against normal rate, though the basis for this is very limited. It consists of the sum of the received abnormal or benevolent benefits, the non-deductible expenses and costs. It can be subject to the special assessment on secret commissions. In accordance with the Inheritance Tax Code, the RREC, as being a collective investment undertaking, is subject to the annual subscription fee based on the total net amounts outstanding in Belgium as at 31 December of the preceding year.
- The dividends distributed by a RREC are subject to 15% withholding tax.