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  • Article

    Belgium- Reform Of Belgian Insolvency Law

    On 13 July 2017, the Chamber of Representatives of the federal Parliament adopted in plenary session the Bill introducing a new Book XX "Insolvency of undertakings" into the Code of Economic Law ...
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Supreme Court Clarifies Liability Of Shadow Directors For Late Filing For Bankruptcy

    In doing so, the Supreme Court rejected the argument put forward by the defendants that it had equated the requirement for criminal intent with a mere violation of the fiduciary duties of the directors.
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Of European Union Provides Guidance Regarding Applicable Law In Proceedings Against Insolvent Debtors

    Contrary to Portuguese law, the application of Luxembourg law would not have resulted in the termination of the pending lawsuits.
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Opportunities Available In The BENELUX Region: How To Succeed And Avoid Difficulties In The Belgian Market

    In many articles where experts present their country and services through various topics in their comfort zone, one often finds that it is about tax benefits, social benefits, subsidies and so on, and always for prosperous companies ...
    BelgiumCorporate/Commercial Law
    IR Global
    IR Global
  • Article

    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.
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Constitutional Court Restricts Enforcement Of Financial Collateral During Collective Debt Settlement Procedures

    The Belgian Constitutional Court addressed in a recent judgment the treatment of creditors in a collective debt settlement procedure.
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    Loyens & Loeff
    Loyens & Loeff
  • Article

    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 UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Submits Proposal To Modernise EU Insolvency Law

    On 12 December 2012, the European Commission submitted a proposal for a Regulation to amend Regulation (EC) No 1346/2000 on insolvency proceedings.
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    First Insolvency Proceedings Opened Held To Have Priority, With Consequences Regarding Managers' Liability (Com. 7 Févr. 2018, FS-P+I, N° 17-10.056)

    The Recast Insolvency Regulation 2015/848 governs cross-border insolvency proceedings within the European Union
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Hogan Lovells
    Hogan Lovells
  • Article

    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.
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Dissolution And Liquidation Of Companies Has Become Easier

    Two new laws have made the dissolution and liquidation of companies easier because the liquidation procedure itself is now simplified.
    BelgiumCorporate/Commercial Law
    Peeters
    Peeters
  • Article

    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.
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Faillissementen Als Katalysator Voor Innovatie

    In het dynamische landschap van bedrijfsvoering is het verband tussen faillissementen en innovatie dichterbij dan op het eerste gezicht zou worden aangenomen.
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    Caluwaerts Uytterhoeven
    Caluwaerts Uytterhoeven
  • Article

    Cross-Border Debt Recovery: European Account Preservation Order Becomes Applicable

    On 18 January 2017, nearly three years after its entry into force, Regulation 655/2014 of 15 May 2014 establishing an EAPO procedure to facilitate cross-border debt recovery in...
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Evaluation Of The ESUG – Essentially A Success!?

    The recently published report on the evaluation of the ESUG, the German law to facilitate the restructuring of companies, states that the changes introduced by the ESUG have been received...
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Hogan Lovells
    Hogan Lovells
  • Article

    COVID-19 Drives Changes To Judicial Reorganisation Procedures

    The COVID-19 crisis has emphasised the importance of having performant insolvency proceedings. As of now, new measures are in force which aim to optimise the judicial reorganisation procedure.
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Belgium's Pre-Pack Procedure: A Two-Year Reality Check

    Pre-packaged sales, or "pre-packs," have long been utilized in the United Kingdom and the United States as a restructuring mechanism that enables the sale of a distressed business to be arranged...
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    ALTIUS
    ALTIUS
  • Article

    Increased Employee Protection In Belgian Insolvency Proceedings By Transfer Of Undertakings

    On 23 April 2012, Echo NV entered into a judicial reorganisation proceeding.
    European UnionEmployment and HR
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgium Proceeds With Insolvency Reforms With EU Restructuring Directive Implementation

    The European Union has recognised the need for harmonised insolvency laws across its member states and has taken a significant step forward with the introduction of the new EU Restructuring Directive ((EU) 2019/1023).
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    Osborne Clarke LLP
    Osborne Clarke LLP
  • Article

    New Insolvency Landscape On The Horizon: More Options For Companies To Reorganise And Restructure

    Belgium had accumulated a significant legislative backlog within insolvency law. The European Directive 2019/1023 on restructuring had to be transposed into national law by the member states by 17 July 2022...
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    ALTIUS
    ALTIUS

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