The
Business Law Guide to Belgium is essential reading for all companies doing business in Belgium, as well as for their legal advisers. This book is a time- and money-saving companion that deals with the legal aspects of most commercial scenarios from a practical point of view.
Topics covered in the book include company law, mergers and acquisitions, accounting law, taxation and tax law, customs and excise law, financial law, employment law, residence and work permits, distribution law, E-commerce rules, intellectual property law, antitrust law, unfair trade practices, property law, environmental law, state aid rules, product liability law, data-protection rules, judicial composition and bankruptcy, and litigation and arbitration.
Written by a team of Belgian lawyers at Van Bael & Bellis, this book reflects their day to-day experience with respect to the complex legal issues that arise under Belgian business law. This book is the only comprehensive treatise of Belgian business law available in English.
Established in 1986, Van Bael & Bellis is one of the few independent international law firms based in Brussels. It advises companies from around the world on international trade law, antitrust law and Belgian business law, including corporate transactions and litigation.
Publisher’s note, Foreword and Acknowledgements
1. Belgium: An
Introduction I. Introduction
II. Basic Principles of Belgian
Federalism
III. The Federal Authorities
IV. The Communities
V.
The Regions
VI. Community and Regional Finances
VII.
Co-Operation and Conflict Resolution
VIII. Provinces and Communes
IX.
Use of Languages
2. Company Law I. Introduction
II.
Requirements for The Establishment of a Branch Office
III. Requirements
for the Establishment of a Subsidiary
IV. Other Corporate Forms
3.
Mergers & Acquisitions I. Introduction
II. Mergers under
Belgian Law
III. Acquisitions under Belgian Law
IV. Divisions,
Demergers and Split-Ups
4. Accounting I. Introduction
II.
Applicable Law
III. Financial Statements
IV. Auditing and
Accounting Professions
5. Taxation I. Introduction
II.
Individual Income Tax
III. Corporate Income Tax
IV. Legal
Entities Income Tax
V. Non-Resident Income Tax
VI. International
Aspects of Income Taxation
VII. Value Added Tax
VIII.
Registration Tax
IX. Inheritance Tax
6. Customs And Excise Law I.
Customs Law
II. Excise Law
7. Finance I. Introduction
II.
Credit Institutions
III. Introduction to Credit and Finance
Transactions
IV. Financial Markets
8. Employment I. Introduction
II. Labour Law
9. Residence And Work Permits I. Residence in
Belgium
II. Rules Applying to Employment of Foreigners
10.
Distribution I. Introduction
II. Distributors
III.
Commercial Agents
IV. Commercial Representatives
11. E-Commerce I.
Introduction
II. Jurisdiction and Applicable Law
III.
Contracting on the internet
IV. European Directive on E-Commerce
V.
Electronic Signatures
VI. Intermediary Liability
VII. Domain
names
VIII. Codes of conduct and the observatory of internet rights
IX. E-Commerce and Competition Law
12. Intellectual Property I.
Copyright and neighbouring rights
II. The Legal Protection of Databases
III. Patents
IV. Designs and Models
V. Trademarks
VI.
Know- How
VII. Semiconductor Topographies
VIII. Protection of
plant varieties
13. Antitrust I. Introduction
II. Substantive
Rules
III. Institutions
IV. Rules of Procedure
14. Unfair
Trade Practices I. Introduction
II. Information to the Consumer
III. Regulated Sales Methods
IV. Unfair Terms in Consumer Contracts
V. The “Catch-All” Provisions of the Law on unfair trade Practices: The
General Prohibition on unfair trade Practices
15. Real Estate I.
Acquisition of Real Estate
II. Construction Right and Long Term Lease
III. Types of Lease Agreements
IV. Expropriation
16.
Environmental Law I. Institutional Framework
II. Legislative
Framework
III. Direct Regulation Instruments
IV. Liability For
Environmental Damage
V. Environmental Issues in Mergers And
Acquisitions
17. Subsidies I. Introduction
II. Sources of Aid
III. Types of Aid
IV. Applications for Aid
18. Product Liability
I. Introduction
II. The Law on Product Liability
III.
Product Liability and Consumer Safety
IV. Implied Warranty
V.
Tort Liability
VI. Future Legislation on the Sale of Consumer Goods
19. Data Protection I. Introduction
II. Definitions and Main Actors
in the Processing of Personal Data
III. Applicability of Belgian Law
IV. Permitted Forms of Processing
V. Data Protection Principles
VI. Special Categories of Data
VII. Conservation and Further
Processing of Personal Data for Historical, Statistical And Scientific
Purposes
VIII. Rights of the Data Subject
IX. Obligations of the
Controller
X. Liability and Sanctions
XI. Personal Data
Processed by Public Authorities in the Context of Police and Intelligence
Activities
XII. Transfers of Personal Data to Third Countries
XIII.
Register f Automatic Processing
XIV. Sector-Based Data Protection
Rules
20. Judicial Composition and Bankruptcy I. Introduction
II.
Tracing of Companies in Difficulty
III. Judicial Composition
IV.
Bankruptcy
V. International Aspects
21. Litigation And Arbitration
I. Introduction
II. Litigation
III. Arbitration, Index