Business Law Guide to BelgiumKluwer Law International B.V., 2003 M01 1 - 940 pages 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 and 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 and 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. |
Contents
AN INTRODUCTION | 1 |
B The Competences of the federal authorities | 8 |
B Competences of the Regions | 15 |
COMMUNITY AND REGIONAL FINANCES | 16 |
COMPANY LAW | 25 |
REQUIREMENTS FOR THE ESTABLISHMENT OF A SUBSIDIARY | 31 |
Rules governing the operation of an NVSA | 38 |
Accounting auditing and corporate documents | 64 |
B Belgian case law on liability | 501 |
INTELLECTUAL PROPERTY | 510 |
Neighbouring rights | 518 |
E Infringements and remedies | 526 |
B Database Copyright | 532 |
E Rights of the patent owner | 542 |
Procedural requirements | 550 |
TRADEMARKS | 559 |
B The cooperative company with limited liability coöperatieve | 75 |
MERGERS ACQUISITIONS | 85 |
Asset deal | 91 |
G Public takeover bids | 98 |
DIVISIONS DEMERGERS AND SPLITUPS | 108 |
Accounting records | 114 |
TAXATION | 126 |
Income from capital and personal property | 132 |
E Professional income | 135 |
F Miscellaneous income | 144 |
Corporate income tax rates | 160 |
G Special tax regimes | 163 |
H Corporate reorganisations | 171 |
Tax rates | 177 |
E Minimum taxable income | 183 |
B European tax law | 192 |
VALUE ADDED TAX | 200 |
INHERITANCE TAX | 218 |
B Source of Belgian law | 221 |
E Derogations from the External Tariff | 227 |
G General customs procedures relating to the movement of goods | 237 |
H Relief from import duties in cases of temporary importation | 254 |
J Customs procedures with economic impact | 260 |
K The Customs debt | 276 |
Licences 1 Introduction | 277 |
FINANCE | 285 |
Trading in securities listed on a financial market | 305 |
LABOUR LAW | 311 |
Regulation of labour | 361 |
Collective labour relations | 376 |
E Transfer of undertakings businesses or parts of businesses | 388 |
RESIDENCE AND WORK PERMITS | 409 |
B Nationals of the EC Member States | 415 |
B Professional Card | 421 |
Law of 27 July 1961 on the unilateral termination of certain categories | 429 |
COMMERCIAL AGENTS | 445 |
COMMERCIAL REPRESENTATIVES | 461 |
FRANCHISEES | 471 |
B Precontractual relationship 1 Precontractual negotiations 474 | 474 |
Termination of the contractual relationship | 480 |
B Applicable law | 486 |
Epayment | 492 |
Procedural requirements | 563 |
B Definition C Substantive requirements 571 | 571 |
Procedural requirements E Rights of the holder of a breeders certificate 579 | 579 |
B Dominant Positions | 593 |
INSTITUTIONS | 607 |
B Merger control | 618 |
UNFAIR TRADE PRACTICES I INTRODUCTION 623 | 623 |
E Advertising | 630 |
REGULATED SALES METHODS | 637 |
UNFAIR TERMS IN CONSUMER CONTRACTS | 650 |
THE CATCHALL PROVISIONS OF THE LAW ON UNFAIR TRADE | 656 |
F Enforcement and remedies | 668 |
REAL ESTATE | 671 |
CONSTRUCTION RIGHT AND LONG TERM LEASE | 677 |
B Residential lease agreements | 684 |
Commercial lease agreements | 692 |
ENVIRONMENTAL LAW | 699 |
LEGISLATIVE FRAMEWORK | 705 |
B Legal bases | 707 |
F BrusselsCapital Region | 715 |
Public liability | 722 |
F Nuisance | 730 |
SUBSIDIES | 736 |
Research and development incentives | 747 |
E Tax incentives | 753 |
Combination of incentives | 760 |
Employment and training aids | 764 |
PRODUCT LIABILITY | 770 |
Damage E Burden of proof 776 | 776 |
IMPLIED WARRANTY | 785 |
E Contractual defences | 788 |
B Main features | 794 |
SPECIAL CATEGORIES OF DATA | 805 |
OF POLICE AND INTELLIGENCE ACTIVITIES | 816 |
JUDICIAL COMPOSITION AND BANKRUPTCY | 822 |
Transfer of business | 835 |
INTERNATIONAL ASPECTS | 855 |
Basic elements of procedure | 870 |
E Attachment and execution | 876 |
The arbitral tribunal | 885 |
891 | |