The claim for the (judicial) dissolution of a company was a known means of pressure to induce a debtor in bad financial shape to pay the outstanding debt (in priority) after all. However, since the abolition of the capital requirement in a private limited company (‘bv’) with the entry into force of the Companies and…
Since the abolition of the capital requirement for the limited liability company, this form of company has gained in popularity. The (relatively high) capital injection that had to be provided at the start-up of activities was abolished after all. Nevertheless, the limited partnership remains a frequently used solution to avoid further formalism. However, such a…
The regime of directors’ liability was thoroughly changed when the Companies and Associations Code (hereinafter: ‘CAC’) was introduced. For example, the liability regime is no longer dealt with separately per type of company, but one bundled regime is provided for all types of companies. Another adjustment brought about by the ARC is the introduction of…
Dissolution and liquidation in one deed is also known as ‘turboliquidation’ because of its speed compared to the ordinary procedure. Where speed is one of the biggest advantages of turboliquidation, there is also a downside to it. A good consideration of the procedure to be used is therefore always important. Conditions of application Since the…
Because of the economic impact that the current pandemic and the government measures relating to it are having on many Belgian companies, the government decided to introduce a number of temporary measures to safeguard the livelihoods of such companies and to support (temporary) liquidity problems resulting from the government measures. These measures were taken in…
The new Belgian company law entails a large number of changes in the legal landscape. To what extent do these changes affect the liability of the shareholder? General principles The liability of the shareholder depends on the type of company. For example, there is unlimited joint and several liability on the part of the shareholder…
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