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Charges, Mortgages, Indemnities
Belgium has adopted new legislation on the creation and enforcement of security interests in moveable assets.
McGuireWoods LLP
On 3 August 2012 Belgium enacted a law creating a legal framework for Belgian covered bonds, thus joining the numerous European States that have already legislated on the matter.
On August 11, 2011, the Belgian financial regulator, the Financial Services and Markets Authority (FSMA) has amended the rules governing short selling of shares issued by certain financial institutions listed on Euronext Brussels and in related derivatives.
Van Bael & Bellis
In its judgment of 15 June 2009, the President of the Brussels Commercial Court held in summary proceedings that the foreclosure of a pledge (pand/gage) on the bank accounts of a company under judicial composition could be considered as an abuse of a right when it may jeopardise the continuity of the company.
Gibson, Dunn & Crutcher LLP
"Don’t break the anti-trust rules; if you do, stop it as quickly as possible, and once you’ve stopped, don’t do it again." With these words, Neelie Kroes, the European Commissioner for Competition, has announced new Guidelines on the setting of fines for infringements of the EU antitrust rules, relating to restrictions of competition and abuse of a dominant position.
Jones Day
Belgium has long been considered an interesting jurisdiction for various tax-planning and structuring purposes. Capital gains on shares are normally tax-exempt, dividends can be received nearly tax-free, interest paid on loans taken out to acquire shares is still tax-deductible, and Belgium has had a very favorable tax system in place for companies with headquarters-type activities—the so-called coordination center regime.
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