Vennootschapsrecht


The 2009 Belgian Code on Corporate Governance: major amendments

The 2009 Belgian Code on Corporate Governance: major amendments
05/10/2009

On March 12, 2009, the second edition of the Belgian Code on Corporate Governance was published (the “2009 Code”), superseding and replacing the first edition, that was issued in 2004. The 2009 Code applies to companies incorporated in Belgium whose shares are admitted to trading on a regulated market.

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Audit committee required for Belgian listed companies and financial undertakings

Audit committee required for Belgian listed companies and financial undertakings
02/10/2009

As of 8 January 2009, Belgian listed companies and financial undertakings are required to have an audit committee. The Law of 17 December 2008 on the establishment of an audit committee in listed companies and financial undertakings (the “Law”) then enters into force. The Law implements the provisions of the European Statutory Audit Directive relating to the audit committee into Belgian law (Directive 2006/43/EG of 17 May 2006 on statutory audits of annual accounts and consolidated accounts.). Before 8 January 2009, the creation of an audit committee was only a recommendation under the Belgian Corporate Governance Code for Belgian listed companies.

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Publication Formalities for Belgian Branches of Foreign Companies

Publication Formalities for Belgian Branches of Foreign Companies
29/09/2009

A foreign company that opens a Belgian branch office must comply with certain publication requirements. However, all too often companies fail to comply with their obligations.

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Mr. Geoffroy Fink
Mr. Emmanuel Leroux

Audit committee in listed companies and financial institutions
08/01/2009

The legal recognition of the audit committee aims to promote high quality financial information. Nevertheless the strengthening of the independence criteria may well make the appointment of people who are independent within the meaning of the Belgian Company Code more difficult.

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Mr. Geoffroy Fink
Mr. David Roelens

New rules on financial assistance: the end of the prohibition
13/11/2008

The Royal Decree of 8 October 2008 amending the Belgian Companies Code (“BCC”)[1] has substantially amended the rules on financial assistance. These new rules will enter into force on 1 January 2009[2].

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Mr. David Roelens

The contribution in kind: has the auditor been set aside?
07/11/2008

The Royal Decree of 8 October 2008 amending the Belgian Companies Code [1] has partly amended the rules on the contribution in kind. They will enter into force on 1 January 2009[2].

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Mr. David Roelens

Redemption of shares: less stringent restrictions
07/11/2008

The Royal Decree of 8 October 2008 amending the Belgian Companies Code [1] has amended the rules on redemption of shares by a company. They will enter into force on 1 January 2009 [2]. .

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PLC Mergers & Acquisitions Handbook - Belgium 2005/2006

PLC Mergers & Acquisitions Handbook - Belgium 2005/2006
01/01/2006

Please give a brief overview of the public M&A market in your jurisdiction. (Has it been active? What were the big deals over the past year?)

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