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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More News & Articles

When M&A’s New Normal Feels Like Hula Hooping

M&A in 2021 hit high records. They were driven by the low-interest environment, PE dealmaking fueled by dry powder, and strategic consolidation ac…

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Towards an automatic exchange of tax information on transactions in Crypto-Assets

On March 22, OECD has published a public consultation document on the new “Crypto-Asset Reporting Framework” (hereinafter referred to as the “CARF”) a…

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ESG in annual accounts reporting anno 2022 and beyond

Environmental, social and governance (ESG) factors will become a part of all material investment and business processes and for almost all companies. …

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Two-tier board structure: liability of directors in case of bankruptcy

Since the entry into force of the new Belgian Companies and Associations Code, a public limited company (NV/SA) has the possibility to install a two-t…

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W&I insurance in M&A transactions

A warranty and indemnity (W&I) insurance policy is an insurance policy that covers a seller’s liability in the case of a breach of warranties by t…

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David and Goliath - How Minority Investors Can Arm Themselves

Minority investments are certainly on the rise. They enable established players to accelerate the digital transformation of their business or facilita…

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How the Belgian Cour de Cassation qualifies a director of a company as an “enterprise”

Since the entry into force of the new Belgian Code of Economic Law (‘BCEL’) it is possible for a company director, in its personal capacity, to be qua…

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What is in the proposal Directive on corporate sustainability due diligence?

On 23 February 2022, the European Commission issued the long-awaited proposal Directive on corporate sustainability due diligence (the “Draft Directiv…

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Registration requirements for virtual asset service providers

Following the previously published newsletter regarding the new law that will require virtual asset service providers to comply with&nb…

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Nouvelles obligations pour les prestataires de services liés aux crypto-monnaies

Les investissements en crypto-monnaies, susceptibles d’entrainer d’importantes plus-values, font désormais partie intégrante de notre monde financie…

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Directors with a non-remunerated corporate mandate can now be exempted from the professional card obligation i…

Non-EEA nationals practising self-employed activities in Belgium must apply for a professional card, unless they can benefit from a legal exemption. S…

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ESMA guidelines on marketing communications: Key Take Aways

Since 2 February 2022, management companies of AIFs and UCITs must comply with the new ESMA Guidelines on Marketing Communications which further outli…

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NDAs - Needless, Necessary, Sufficient?

Negotiating a non-disclosure agreement or NDA is one of the first steps in the M&A process. It is tempting to assume that all NDAs are boilerplate…

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Cryptocurrencies: new rules and registration for service providers in Belgium

As from 1 May 2022, the activities of certain virtual currency service providers in Belgium will be regulated.

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Virtual asset service providers to be subject to FSMA supervision

Last month, on 27 January, marked the end of an era when the provision of virtual asset services was not a regulated activity in Belgium. A law has no…

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Debt-to-equity swaps in the context of reorganisation proceedings and the transposition of the EU Directive on…

When a company faces financial distress, concessions are to be made and decisions to be taken in view of its turnaround. In the ordinary course of bus…

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Boring Boilerplates Can Create the Perfect Storm

Boilerplates are easily overlooked and neglected in M&A agreements as they typically cover the boring stuff. Most parties assume boilerplates are …

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The EU Recovery Prospectus: a useful tool?

In February 2021, a new short-form prospectus was introduced in the EU regulatory framework aimed at supporting recovery from the business and financi…

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No automatic liability for directors who do not ring the alarm bell

On 16 September 2021, the Antwerp Court of Appeal ruled on the liability of the directors of a company that did not respect the so-called ‘alarm bell …

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Direct Lending

Direct lending constitutes the provision of credit directly (i.e., without an intermediary) to middle-market companies, mainly for the purpose of fina…

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