Business Law Guide to Belgium

Front Cover
Kluwer 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
Index
891
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