News & Articles

The perfect place for any legal or tax professional to keep abreast of everything that’s happening on the Belgian legal scene

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CMS has welcomed a new partner in its corporate and M&A practice in Brussels

CMS is pleased to announce that Philippe Hendrickx will join the Firm as a Partner as of 1 October 2024. Philippe specialises in corporate law, in particular mergers and acquisitio…

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Monard strengthens its Insolvency and Restructuring team

Monard law welcomes a new member to its Insolvency and Restructuring team. Jente Dengler has joined the firm as of October 1, 2024.

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Changement important concernant l’assujettissement à la loi anti-blanchiment des avocats qui ex…

Le Bâtonnier de l’Ordre néerlandais du Barreau de Bruxelles a récemment interrogé la CTIF sur l’éventuel assujettissement d’un avocat qui agit, pour une personne protégée, via un m…

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06/12/24
Directors can be held personally liable

Zoals in het eerste gedeelte van onze artikelenreeks over de afschaffing va…

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18/10/24
Private Equity Side Letters – Harmless Paper or Silent Power…

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Each day we publish several articles written by legal and tax specialists from law firms, notaries offices, the legal departments from payroll agencies and tax consultants.

It is the perfect way for lawyers at the Bar, in-house counsel, barristers, solicitors, notaries, bailiffs, paralegals and any other legal professional with an interest in Belgian and European law to keep informed of new legislative initiatives, case law, legal doctrine and all other legal developments on the Belgian legal scene!

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Important Changes to the Financial Collateral Act

Since the entry into force of the Financial Collateral Act of 15 December 2004 (the "Collateral Act") implementing Directive 2002/47/EC on financial c…

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Women’s quota in Belgian Corporate Law

Published on 14 September 2011, the Law of 28 July 2011 (1) (hereafter “the Law”) guarantees women a minimum representation percentage in the board of…

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Transfer of enterprise under the authority of the court: some new rules!

The CLA nr. 102 set up some new rules regarding the rights of employees in the event transfer of enterprise under the authority of the court.

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New FSMA study on the application of the Corporate Governance Code

On 27 September 2011, the FSMA (the Belgian Financial Services and Markets Authority) recently published a new study (1) on the application of the 200…

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Law on the continuity of companies: judgment of the Court of Cassation of 30 June 2011

As with common debt claims in adjournment, fiscal debt claims can be taxed with decreases in capital of the juridical reorganization plan.

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Guidelines regarding the lifting of bank secrecy in Belgium

The tax authorities have recently published two circulars about the bill of 14 April 2011 allowing the lifting of bank secrecy in Belgium.

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Judicial reorganization: Olivier Strelli plays poker and wins!

A new decision confirms that the differential treatment of creditors in a reorganization plan does not necessarily infringe the constitutional princip…

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Do not forget to file your annual accounts with the Belgian National Bank!

In 2010, 47,830 companies did not file their annual accounts with the BNB. Penalties for such an versight may be quite serious.

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Portfolio management : Objectives ≠ Risk

A decision of the Supreme Court dispenses with custom and a well-established case law relating to portfolio management.

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Commercialization of structured products

Propagation of over-complicated financial products has to be stopped! While waiting for a mandatory regulation applicable to all financial sector acto…

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Compulsory remuneration committee in financial institutions

As from 31 August 2011, financial institutions that are significant in terms of their size, internal organisation and the nature, the scope and the co…

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The Year to Date: Significant Developments in Banking & Financial Law

1 April 2011 will go down in collective memory as the date of the reorganisation of the supervisory structure for the financial sector in Belgium, pro…

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The Year to Date: Review of Significant Corporate Law Developments

To date, 2011 has been rather calm as far as new corporate legislation is concerned. The much-awaited implementation of the Shareholders' Rights Direc…

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Gender Diversity in the boards of listed and public companies

On 14 September 2011 the law in order to ensure the presence of women in the board of directors of the autonomous public enterprises, listed companies…

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No legal actions against liquidator of company without assets

In its decision of 3 March 2011, the Liège Court of Appeal declared an action against the liquidator of a limited liability company C. (hereinafter th…

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Criminal prosecution for non-compliance with the conditions regarding payment of dividends

Non-compliance with the conditions regarding the payment of dividends in limited liability companies not only entails a civil penalty for beneficiarie…

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Modification of the Companies Code to introduce more rules in relation to corporate governance

Une nouvelle loi a été publiée au moniteur belge le 18 avril dernier concernant le « corporate governance » dans les sociétés cotées. Elle modifie et …

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The obligation of convocation of a general meeting

The convocation of an extraordinary general meeting by the directors of a company is compulsory and legally enforceable when shareholders who hold one…

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Criminal sanctions in the judicial reorganization procedure

Like the law on judicial moratorium, the law on the continuity of companies provides for criminal proceedings against persons who conclude particular…

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The exercice of certain rights of shareholders of listed companies

On 1 January 2012 shareholders of listed companies will obtain more rights by virtue of the law of 20 December 2010. Also new rules are going to be ap…

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