Estate planning – the cheese route soon to be closed?

Until now, donations of movable property (or other transfers) registered in the Netherlands by a Belgian resident remained untaxed (Belgians talk about the so-called “cheese route”). However, on June, 17, 2020, the Belgian government submitted (...)

Published on 17-07-2020 +

SME : you can benefit from subsidies for certain legal services provided by your attorney

In these difficult times, it only seems appropriate to remind you that the Region of Brussels-Capital graciously provides different subsidies for micro, small and medium-sized companies, active in certain sectors of activity, and with registered office in (...)

Published on 25-06-2020 +

COVID-19 –Termination notice at unemployment rate: the end of a system

The law of 3 July 1978 on employment contracts states that in the event of a dismissal by the employer, the period of notice is interrupted during most suspensions of the employment contract, notably during holidays, sick-leave or economic unemployment. H (...)

Published on 19-06-2020 +

Towards an extension of the temporary reprieve up to 17.07.2020 ?

In the context of the pandemic, two decrees organize the suspension of certain enforcement measures concerning companies (Royal Decree n°15 of 24 April 2020 mentioned in our newsletters of 27 April 2020 and 18 May 2020) and individuals (law of 20 May 2020 (...)

Published on 15-06-2020 +

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 +