A decision contrary to the statutes retains its legal effects until it is overturned

The Court of Cassation, in its judgment of 18 June 2020, ruled that a decision contrary to the company’s statutes retains its legal effects until it is overturned by a judge. In the case examined, the decisions of the Board of Directors would have b (...)

Published on 13-10-2020 +

New amicable dispute resolution chambers at the French-speaking Enterprise Court and the Court of appeal of Brussels

As of September 2020, the French-speaking Enterprise Court and the Court of appeal of Brussels will be providing amicable dispute resolution services via special chambers. It will aim at offering the disputing parties a more negotiated and effective solut (...)

Published on 21-09-2020 +

Retour de vacances, quarantaine et, bientôt, fin du régime de chômage simplifié

Les retours de congés en cette fin de mois d’août peuvent générer quelques angoisses s’ils se sont déroulés en zone rouge ou orange. Que doit faire le travailleur et s’expose-t-il à des sanctions s’il ne suit pas les directives gouvernementales en matière (...)

Published on 31-08-2020 +

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 +