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Corporate and commercial law in Belgium refers to the body of legislation, regulations, and legal principles that govern the formation, operation, and termination of businesses and commercial transactions. This area of law covers the creation of companies, business contracts, mergers and acquisitions, commercial disputes, and regulatory compliance. Belgium’s corporate and commercial legal environment is shaped by both national laws and the requirements of the European Union, making it a dynamic and sometimes complex field for both Belgian and international businesses.
People and businesses may need a corporate and commercial lawyer in various scenarios, including:
A lawyer provides valuable assistance in interpreting the law, safeguarding your interests, and ensuring compliance with all legal requirements.
The Belgian legal system has several important features relevant to corporate and commercial law:
Staying informed on these legal frameworks is crucial for anyone running or planning to run a business in Belgium.
The most common forms are the private limited liability company (BV/SRL) and public limited company (NV/SA). Your choice will depend on factors like ownership structure, capital requirements, and business objectives.
The process typically takes one to two weeks, provided all documents are in order. Timing can vary depending on the complexity of your business structure and the speed of the required formalities.
Key documents include articles of association, proof of deposited capital, identification of directors and shareholders, and sometimes a business plan. All documents often require notarization.
For private limited companies (BV/SRL), there is no minimum capital, but you must provide enough funding for the company’s activities. Public Limited Companies (NV/SA) require a minimum capital of 61,500 euros.
Belgian law does not require a resident director; however, you must have a registered office in Belgium, and certain banks or authorities may have their own requirements.
Shareholders benefit from rights such as voting at general meetings, receiving dividends, and accessing company information. The Companies and Associations Code outlines extensive protections for both minority and majority shareholders.
Companies are subject to corporate income tax (25 percent as of 2024), VAT, social security contributions for employees, and other local taxes depending on the business activities.
Yes, as long as they meet legal requirements and do not conflict with mandatory provisions. Belgian law values good faith and clarity in contractual relations, and courts can enforce written and oral agreements.
Most disputes are resolved in the civil courts. However, arbitration and mediation are increasingly used, especially in complex or international business matters.
Directors must act in the best interest of the company and comply with all statutory duties. Failure to meet these duties can result in civil and criminal liability.
If you need further information or assistance, these resources can be helpful:
If you believe you need legal assistance in corporate and commercial matters in Belgium, consider taking the following steps:
Taking a proactive approach will help ensure your business interests are protected and that you comply with all relevant legal obligations in Belgium.
Lawzana helps you find the best lawyers and law firms in Belgium through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Corporate & Commercial, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
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