Corporate law


Belgium about to implement foreign direct investment screening mechanism

Belgium about to implement foreign direct investment screening mechanism
10/06/2022

On 1 June 2022, the various governments of Belgium reached a cooperation agreement on developing a foreign direct investment screening mechanism. With the adoption of a screening mechanism

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Dangling Good Carrots and Wielding Bad and Ugly Sticks

Dangling Good Carrots and Wielding Bad and Ugly Sticks
31/05/2022

Nothing ignites frustration in deal negotiations quite like leaver provisions. You’ll find leaver provisions in venture capital deals, private equity buy-out structures, employee incentive schemes, and sale and purchase agreements in an M&A deal. 

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When M&A’s New Normal Feels Like Hula Hooping

When M&A’s New Normal Feels Like Hula Hooping
29/04/2022

M&A in 2021 hit high records. They were driven by the low-interest environment, PE dealmaking fueled by dry powder, and strategic consolidation across all markets. Surging inflation, rising interest rates,

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ESG in annual accounts reporting anno 2022 and beyond

ESG in annual accounts reporting anno 2022 and beyond
27/04/2022

Environmental, social and governance (ESG) factors will become a part of all material investment and business processes and for almost all companies. To achieve a sustainable economy, the EU launched its green deal in 2019 aiming to become climate neutral by 2050. 

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Mr. Peter De Ryck

Two-tier board structure: liability of directors in case of bankruptcy
26/04/2022

Since the entry into force of the new Belgian Companies and Associations Code, a public limited company (NV/SA) has the possibility to install a two-tier governance structure, i.e. the supervisory board whose members are appointed by the shareholders 

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W&I insurance in M&A transactions

W&I insurance in M&A transactions
20/04/2022

A warranty and indemnity (W&I) insurance policy is an insurance policy that covers a seller’s liability in the case of a breach of warranties by the seller in a sale purchase agreement (‘SPA’). 

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David and Goliath - How Minority Investors Can Arm Themselves

David and Goliath - How Minority Investors Can Arm Themselves
12/04/2022

Minority investments are certainly on the rise. They enable established players to accelerate the digital transformation of their business or facilitate PE houses in getting businesses ready to ride out the post-pandemic world.

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What is in the proposal Directive on corporate sustainability due diligence?

What is in the proposal Directive on corporate sustainability due diligence?
24/03/2022

On 23 February 2022, the European Commission issued the long-awaited proposal Directive on corporate sustainability due diligence (the “Draft Directive”).

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Directors with a non-remunerated corporate mandate can now be exempted from the professional card obligation in the Flemish region

Directors with a non-remunerated corporate mandate can now be exempted from the professional card obligation in the Flemish region
15/03/2022

Non-EEA nationals practising self-employed activities in Belgium must apply for a professional card, unless they can benefit from a legal exemption. Since 1 January 2022 a new and simplified application procedure has come into force in the Flemish region

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NDAs - Needless, Necessary, Sufficient?

NDAs - Needless, Necessary, Sufficient?
03/03/2022

Negotiating a non-disclosure agreement or NDA is one of the first steps in the M&A process. It is tempting to assume that all NDAs are boilerplate, but making any mistake at the stages of negotiating and signing an NDA can negatively impact the M&A process

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