Searching Content indexed under Corporate and Company Law by Van Bael & Bellis ordered by Published Date Descending.
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Stricter Payment Periods For Commercial Transactions With SMEs
For purposes of the Law, SMEs are defined by reference to Article 1:24, §1 of the new Belgian Companies and Associations Code.
10 Jul 2019
Council Of State Issues Opinion On Supreme Court's (In)Ability To Review Brussels International Business Court Judgments
On 28 February 2019, the Council of State (Raad van State/Conseil d'État) issued an opinion on the amendment to the bill for the creation of the Brussels International Business Court (the "BIBC")...
20 May 2019
Brussels Enterprise Court Rules In Favour Of Uberx Services In Brussels
According to the President, Uber B.V.'s services therefore fall outside the scope of the Ordinance.
17 Apr 2019
New Belgian Ultimate Beneficial Owner Register
The Royal Decree of 14 August 2018, which will enter into force on 31 October 2018, defines the regulatory framework for the new central register of beneficial ownership.
5 Oct 2018
New Legislative Framework For Judicial Liquidation Of Companies
On 4 May 2017, the federal Parliament adopted a new law which introduces extensive changes to the procedure of judicial liquidation of companies.
European Union
16 Jun 2017
Belgian Constitutional Court Issues Two Judgments On Position Of Tax Claims Under Law On Continuity Of Enterprises
In two judgments, dated 18 February 2016 and 24 March 2016, the Constitutional Court decided on the constitutionality of two provisions of the Law of 31 January 2009 on the Continuity of Enterprises.
17 May 2016
Supreme Court Condemns Yahoo For Failure To Cooperate With Belgian Law Enforcement Officials
On 1 December 2015, the Supreme Court confirmed a judgment of the Court of Appeal of Antwerp which had imposed a substantial fine on Yahoo! for failing to comply with the obligation to cooperate with Belgian law enforcement officials.
11 Jan 2016
Belgian Council Of Ministers Adopts Draft Bill On Trust Services For Electronic Transactions
The eIDAS Regulation contains rules on electronic identification (e-IDs) and so-called trust services, including electronic signatures, electronic seals, electronic registered mail and website authentication.
11 Jan 2016
ECJ Reconfirms Compatibility Of Belgian Opening Hours Legislation With EU Law
The ECJ held that it has no jurisdiction to examine the compatibility of the Belgian opening hours legislation with the principles of equality in the Charter of Fundamental Rights of the European Union
20 Jun 2014
/European Union: ECJ Rules On Choice Of Law Clause In Commercial Agency Agreements
On 17 October 2013, the Court of Justice of the European Union (the "ECJ") answered a preliminary question from the Belgian Supreme Court in the case of United Antwerp Maritime Agencies NV ("Unamar") vs. Navigation Maritime Bulgare ("NMB") (Case C-184/12).
24 Dec 2013
Piercing Corporate Veil: Directors Personally And Fully Liable For Unpaid Corporate Withholding Taxes While Bankruptcy Procedures Not Yet Final
On 5 September 2013, the Belgian Supreme Court (Hof van Cassatie/Cour de Cassation) confirmed that directors of a limited liability company (naamloze vennootschap/société anonyme) are personally and fully liable for all corporate withholding taxes that remain unpaid by that company.
22 Nov 2013
ECJ Upholds GC Ruling That Reduction In Subsidiary’s Fine Also Applies To Parent Company Where Appeals Have Common Object
In a recent case, the Court of Justice of the EU ruled that, when the EU courts reduce a fine imposed by the Commission on a subsidiary for an infringement of the EU competition rules, they may also apply the same reduction to the fine imposed jointly and severally on the subsidiary’s parent.
European Union
31 Jan 2013
ECJ Allows Cross-Border Conversions Of Companies
On 12 July 2012, the Court of Justice of the European Union (the "ECJ") handed down a judgment regarding the interpretation of Articles 49 and 54 of the Treaty on the Functioning of the European Union ("TFEU") in proceedings concerning a cross-border conversion of a company governed by Italian law into a company governed by Hungarian law (ECJ, case C-378/10, VALE Építési kft).
European Union
6 Aug 2012
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 the "Company") (i) inadmissible with respect to the action against the liquidator in his official function; and (ii) without merit with respect to the action against the liquidator in his personal capacity.
19 Sep 2011
Belgian Commercial Court Establishes Incompatibility Between Task Of External Accountant And Liquidator
On 28 December 2010, the Leuven Commercial Court handed down a judgment in application of Article 184 of the Belgian Companies’ Code governing the appointment of a liquidator in the event of the dissolution of a company.
31 Aug 2011
Commercial Law
Court of Justice of European Union Condemns Use of Gender in Assessment of Insurance Risks
9 May 2011
Constitutional Court Considers Differences in Minimum Paid-Up Capital of Private Limited Liability Companies Objective, and Related Sanctions Proportionate
In a decision dated 16 December 2010, the Constitutional Court (Grondwettelijk Hof/Cour Constitutionnelle) ruled on a preliminary question on the raised minimum paid-up capital (volgestort/libéré) of a single member private limited liability company (éénhoofdige besloten vennootschap met beperkte aansprakelijkheid/société privée à responsabilité limitée unipersonelle).
14 Jan 2011
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