Who can apply for support?
Applications for support must satisfy a number of conditions relating to both the applicant and the project. Funding is also subject to a number of criteria.
The applicant must satisfy the following conditions:
- the funding applicant is a company of the type listed in Article 3.1° of the decree of 16 March 2012
The ‘company’ is any entity, irrespective of legal form, that carries out an economic activity. This means natural persons acting as buyers or operating independently, trading companies with a legal personality under private law, professional partnerships trading under private law and foreign companies subject to similar statutory regulations.
- the applicant is an audiovisual production company
- the applicant has a seat of operations and can demonstrate continuity of operations in Belgium
- the applicant is an independent producer
An ‘independent producer’ is a producer whose legal status is distinct from that of a broadcasting organisation, which holds no more than 15%, directly or indirectly, of capital in a Flemish broadcasting organisation, and no more than 15% of whose capital is controlled by a company owning more than 15%, directly or indirectly, of the capital of a Flemish broadcasting company. For more information see the decree of 27 March 2009 concerning radio broadcasting and television.
- no administrative authority exerts a dominant influence over the applicant's policy
A suspicion of dominant influence exists where an administrative authority controls, directly or indirectly, 50% or more of the funding applicant's capital or voting rights. An applicant can refute this suspicion if it can be demonstrated that no dominant influence exists. The matter will be resolved by ministerial decision.
- the applicant is not a business experiencing difficulties and has no legal proceedings pending by which allocated support is recoverable
The European regulations state that support may not be granted to a company, which, at the time of the support allocation, is in difficulties according to certain parameters. The relevant information is available from the agency website (www.vlaio.be), where a model can be used to calculate the parameters.
We recommend that the parameters, and certainly those for the current financial year, be monitored regularly to ensure that support is not refused for this reason. Please remember that while you may not consider your production company to be in difficulties, the parameters could indicate otherwise.
As long as there is a sum outstanding, we will be unable to accept a new application.
- the applicant is not in default and has no legal proceedings pending which could prevent completion of the project