Doing business means looking ahead. Whether you have just started out, are preparing for the next stage of growth or are leading an established company, the structure of your company and the agreements with your fellow shareholders and/or directors help determine how far you can go. The value of clear agreements often becomes apparent when interests diverge, when an investor comes on board or when a new generation takes over. That is why, in every matter, we look beyond the situation as it stands today.
We assist entrepreneurs, shareholders, directors, family businesses and investors with all company law matters that arise throughout the life of a business. Our support ranges from choosing the legal form when setting up the company, drafting a shareholders’ agreement and organising the governing body, to assisting with a capital raise or preparing a transfer. We combine in-depth legal expertise with a pragmatic approach, always with the interests of the people behind the company in mind. To that end, we regularly work with your accountant or banker. This keeps the legal solution closely aligned with the figures and the underlying tax reality.
Each stage in the life of a business places different demands on its structure. We assist you with incorporation and the choice of legal form, setting up a group structure with or without a holding company, creating a joint venture with a partner, bringing in new shareholders or investors and preparing for a later transfer. If you inherit a structure that no longer matches your ambitions, we also assist you with the necessary changes.
Together, the articles of association and shareholders’ agreement set the rules between shareholders. They determine who makes which decisions and by what majority, how shares may be transferred, what happens in the event of death, illness or departure, and how to resolve a deadlock. Transfer restrictions, pre-emption rights and tag-along rights, valuation mechanisms and non-compete clauses are tailored to your specific situation. We also assist family businesses and develop family governance through family charters and appropriate shareholding structures.
An effective governing body provides clarity and legal certainty. We advise you on the composition and powers of the governing body, day-to-day or delegated management, the role of an advisory board or a governing body with external members, decision-making and conflicts of interest, directors’ liability and how to manage it, as well as directors’ and management agreements.
Growth requires funding. We assist you with cash and in-kind contributions, capital increases and reductions, the issue of convertible loans and warrants, the various forms of profit distribution and the company law reports required in that context. We also safeguard the balance between existing and new shareholders and ensure that the transaction is carried out correctly from a corporate law perspective.
The formal requirements of your company should not take time away from your core business. Together with you, we take care of annual and special reports as well as the required publications in the Belgian Official Gazette. This keeps your corporate records in order at all times, including when a bank, investor or buyer requests them.
Do you want to retain key employees or a management team for the long term? We work with you to identify the most appropriate arrangement and structure it on a sound legal and tax basis.
When several people run a business together, their views may diverge. If a dispute cannot be avoided or defused through negotiation or mediation, which remains our preferred approach in most cases, we assist you in court proceedings, such as an action for withdrawal or exclusion, summary proceedings in company law matters (e.g. the appointment of a provisional director, access to the accounts, etc.) or proceedings on the merits.
Prevention is better than cure. We give you a candid assessment of your position and prospects of success. No complex legal treatises, but clear advice you can put into practice immediately.
We are also happy to act as a sounding board. With a network of national and international experts and relevant experience across a range of sectors, we provide multidisciplinary legal support tailored to your needs.
A well-drafted contract helps prevent disagreements and disputes. We ensure that your agreements are robust and legally sound.
A swift and effective solution saves time, money and unnecessary tension.
Our accredited mediators guide both parties towards a mutually agreed solution.
When dialogue is no longer possible, we represent your interests robustly before the courts.
We favour mediation where possible and initiate court proceedings where necessary. Our lawyers have extensive courtroom experience and also assist you in court-appointed expert proceedings.
Protect your innovation and your data. Contact us today for a consultation.