Is your DPO in conflict of interest ?

On 28 April 2020, the Data Protection Authority (DPA) imposed a fine of EUR 50,000.00 on a company (Proximus) for failing to comply with its obligation to avoid a conflict of interest on the part of its Data Protection Officer. The GDPR describes the func (...)

Published on 27-05-2020 +

Royal Decree of 13 May 2020: extension of the temporary moratorium in favor of companies until 17.06.2020

Due to the persistence of the pandemic, the government has just extended the temporary moratorium in favor of companies until June 17 (the deadline was previously May, 17, 2020). For a more detailed discussion on the temporary measures and their consequen (...)

Published on 18-05-2020 +

Extension of measures related to co-ownership, companies and associations (Covid-19)

Due to the persistence of the pandemic, the government has extended the various temporary measures taken in terms of co-ownership, companies and association law. With regard to co-ownership, a new decree postpones the starting point of the five-month peri (...)

Published on 13-05-2020 +

Royal Decree no. 15 of 24 April 2020 : temporary moratorium for enterprises from April 24 to May 17.

In order to address the most pressing issues, directly (compulsory closures, cancellation of events) or indirectly (lack of stock, lack of personnel, drop in demand) affecting Belgian enterprises, in the midst of Covid-19 health crisis, the federal govern (...)

Published on 27-04-2020 +

Flexibility for Board meetings and General assemblies (Covid-19)

As a result of the Covid-19 pandemic and the restrictions decided, companies and associations face difficulties in physically holding their General assemblies (GAs) and Boards of Directors (CA). To overcome these difficulties, the government has just issu (...)

Published on 20-04-2020 +

The Royal Decree 4 containing various provisions on co-ownership and corporate and association law in the fight against the Covid-19 pandemic was issued on 9 April 2020

All general meetings (ordinary, extraordinary or convened by co-owners) that have not been able to be held or can not be held during the period from March 10 to May 3 are automatically postponed. They must be organized within 5 months of the expiry of thi (...)

Published on 14-04-2020 +

Insolvency: clarification of the rights of the creditor with a general pledge on the present and future receivables of his debtor

In a ruling from 16 January 2020, the Court of Cassation had the opportunity to backtrack on the question of the rights of a creditor who had contractually reserved a general pledge on all of his debtor’s current and future receivables prior to his (...)

Published on 07-04-2020 +

Suspension and termination of contractual obligations due to force majeure (COVID-19)

Do the COVID-19 outbreak and the restrictions that result from it allow for the suspension of obligations or the cancellation of a contract due to force majeure?  There is no universal concept of force majeure. Therefore, whether or not a contracting part (...)

Published on 26-03-2020 +

Companies and Associations Code: the double distribution test

One of the most significant changes in the new Companies and Associations Code (abbreviated “CSA” for “Code des Sociétés et des Associations” in French and “WVV” for Wetboek van Vennootschappen en Vereiningen” in Dutch) is the abolition of the minimum cap (...)

Published on 21-02-2020 +

Participation of Carole DE RUYT at two seminars in the coming weeks

CAIRNLEGAL is pleased to announce the participation of Carole DE RUYT at two seminars in the coming weeks. The first will deal with the legal aspects of shared rentals in its civil, fiscal and urban planning aspects. Mr. De Ruyt will detail the various ci (...)

Published on 17-01-2020 +

Invoices from Small and Medium Enterprises (SMEs) must be paid within a maximum of 60 days

The law of 28 May 2019 amending the law of 2 August 2002 concerning the fight against late payment in commercial transactions was published in the Belgian Official Gazette on October 29, 2019. This law, based on what has been put in place in the Netherlan (...)

Published on 12-12-2019 +

New publication requirements in the Belgian Official Gazette

On 11 September 2019, Mr Paul DHAYER, the new president of the Brussels French-speaking Enterprise Court, issued a memorandum containing new prerequisites for any publication in the Belgian Official Gazette. The goal is to make sure that the documents dep (...)

Published on 21-11-2019 +