EPC FAQ:  —  EPC Adherence Guide - EPC payment schemes  —  Last updated: 19/11/2025

I am a Belgian qualified lawyer and I have been asked to sign the Legal Opinion for adherence to the Scheme of a Belgian Applicant. Do I have to assess whether the Rulebook is legal, valid and binding under Belgian law?

No, you can assume that that the Rulebook is legal, valid and binding as a matter of general Belgian contract law, but your Legal Opinion must cover whether the Applicant would be subject to specific legal constraints, or other

EPC FAQ:  —  EPC Adherence Guide - EPC payment schemes  —  Last updated: 19/11/2025

My internal legal counsel informed me that he/she has not passed the Bar exam and/or is not admitted as a lawyer to a Bar association and/or is not subject to the professional supervision of the relevant Bar association but has obtained a University Law Degree or the state exam to be a judge or a lawyer. Can he/she sign the Legal Opinion?

Only if according to the laws applicable in your country he/she is allowed to sign a Legal Opinion on which the EPC can legally rely upon.

EPC FAQ:  —  EPC Adherence Guide - EPC payment schemes  —  Last updated: 19/11/2025

In my country the internal legal counsel is not allowed to use the relevant title listed in the Directive 98/5 of 16 February 1998 while working in-house. Can he/she still sign the Legal Opinion?

Yes, provided that he/she is allowed by the laws applicable in your country to sign a Legal Opinion on which the EPC can legally rely upon.

EPC FAQ:  —  EPC Adherence Guide - EPC payment schemes  —  Last updated: 19/11/2025

I understand that the Legal Opinion has to be completed by the Applicant's legal counsel. Does this mean that it can be completed by my internal counsel?

Provided that your internal legal counsel is a qualified lawyer, the Legal Opinion can be completed by him/her. 

EPC FAQ:  —  EPC Adherence Guide - EPC payment schemes  —  Last updated: 19/11/2025

My institution is a licensed branch of a non-SEPA country institution and would like to adhere to a Scheme. I understand that I cannot use a standard pro-forma Legal Opinion. Which document(s) do I need to submit instead?

For licensed branches of a non-SEPA country institution, the Applicant shall provide two Legal Opinions as follows:

EPC FAQ:  —  EPC Adherence Guide - EPC payment schemes  —  Last updated: 19/11/2025

The Legal Opinion provides for assumptions to be made. In particular, the Legal Opinion states that it may be assumed that the Adherence Agreement and Rulebook are legal, valid, binding and enforceable under Belgian law. What is the purpose of including such an assumption?

Assumptions are, generally, matters of fact or matters outside of the scope of counsel's competence that counsel may exclude from the scope of their opinion.

EPC FAQ:  —  EPC Adherence Guide - EPC payment schemes  —  Last updated: 19/11/2025

I understand that the Rulebook is subject to Belgian law. Will the Legal Opinion (and any power of attorney prepared in relation to it) also be required to be subject to Belgian law?

No, the Legal Opinion and power of attorney may be governed by an appropriate governing law other than Belgian law.

EPC FAQ:  —  EPC Adherence Guide - EPC payment schemes  —  Last updated: 19/11/2025

I understand that my organisation will be required to prepare a Legal Opinion. Can my organisation submit a Legal Opinion in a language other than English?

No.

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