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Beslag op handelsgoederen: kan een verkoop doorgaan terwijl het eigendomsgeschil nog loopt?
Een beslag op handelsgoederen kan een onderneming voor aanzienlijke praktische en financiële problemen plaatsen. Goederen blijven opgeslagen, kosten lopen op en commerciële opportuniteiten dreigen verloren te gaan. Maar moet een onderneming wachten tot een rechter definitief heeft beslist wie eigenaar is van de goederen? Niet noodzakelijk.20 October, 2026
Obligation to withhold payment on invoices in the event of social security and tax debts
Since 1 January 2026, businesses in the construction and cleaning sectors must verify whether their clients or (sub)contractors have social security or tax debts before paying invoices, and withhold a prescribed percentage if so. Failure to comply can trigger joint and several liability for the unpaid debts.
Goodwill upon termination of a franchise agreement: is there a right to compensation?
This article examines whether a franchisee is entitled to goodwill compensation upon termination of the franchise agreement. It discusses the absence of statutory regulation in Belgium, relevant European trends, and the importance of a clear contractual arrangement.
Chain liability for illegal employment
This article discusses the new Flemish chain liability for the illegal employment of resident third-country nationals in the construction sector, in effect since 1 January 2026. It covers the scope of application, the duty of care for contractors and principals, and the transitional arrangement until 1 July 2026.All insights
Beslag op handelsgoederen: kan een verkoop doorgaan terwijl het eigendomsgeschil nog loopt?
Een beslag op handelsgoederen kan een onderneming voor aanzienlijke praktische en financiële problemen plaatsen. Goederen blijven opgeslagen, kosten lopen op en commerciële opportuniteiten dreigen verloren te gaan. Maar moet een onderneming wachten tot een rechter definitief heeft beslist wie eigenaar is van de goederen? Niet noodzakelijk.20 October, 2026
Your employee commits a (minor) speeding violation with a company car? Always report the driver's identity by registered mail!
The article warns employers that in the event of a speeding violation with a company car, they must always report the identity of the driver via the reply form. Failure to do so may result in the employer, as the owner of the vehicle, being summoned and facing high fines of up to €1,600 per offense.
Will banks or investment groups deny you capital because your ecological footprint is too large?
This article discusses whether banks and investment groups can refuse to provide capital to companies based on their ecological footprint, focusing on the EU climate agenda, ECB stress tests, and the rise of ESG scores.
Who was driving the company car with which an offense was committed? Not an optional request for information from the public prosecutor's office.
The article discusses the obligation for companies to disclose, at the request of the public prosecutor's office, the identity of the driver of a company car after a traffic offense. It points out the serious consequences and fines when this request for information is not answered in time.
Who is pulling the strings? The government wants to know by September 30, 2019 at the latest.
The article discusses the Belgian anti-money laundering law and the introduction of the UBO register, which collects information on the ultimate beneficial owners of companies, foundations, non-profit organizations, and trusts.
What compensation must be paid when terminating an agreement?
This article discusses what compensation is owed when terminating an agreement, referring to articles 1149 and 1794 of the Old Civil Code. It explains how damages and loss of profit must be proven, and highlights the importance of fixed penalty clauses when concluding a contract.
The transport sector under the microscope
This article discusses the announced flash inspections in the transport sector in February 2022 as part of the action plan to combat social fraud. It explains the powers of the social inspection services and emphasizes the importance of preparation and assistance from a lawyer during these inspections.
The sky is the limit, until the plane goes down… join our seminar on April 29.
This article announces a seminar on April 29 about the importance of a shareholders' agreement when starting a collaboration. It explains how clear agreements made in advance can prevent later conflicts and costly legal proceedings between business partners.
The Labour Deal
This article reviews the key measures of the Belgian Labour Deal of June 2022, including the four-day work week, the variable weekly schedule, the right to disconnect, the activating dismissal right, and new rules for platform workers.
The importance of a phishing policy for the employer
This article discusses the liability of employees when, by clicking a phishing link, they cause damage to their employer. It addresses the concept of "gross negligence," the importance of a decisive phishing policy and IT security, and the possible consequences such as wage deductions or dismissal for serious cause…
Technical inspection expired? Watch out!
This article discusses the obligation to drive on public roads with a valid inspection certificate ("green card") and the two legal exceptions to this. It also explains the possible criminal consequences, such as imprisonment or a fine, for both the titleholder and the driver in the absence of…
Social elections 2020: don't let yourself be caught by surprise. Time moves faster than you think.
Employers must organize social elections for works councils and committees between 11 and 24 May 2020, following a strict 150-day procedure. The article explains when a company is required to hold elections and refers to a brochure by the Federal Public Service Employment for further details.
Sitting at the table together all year round?
This article discusses the dynamics within family businesses, where family, business and ownership must be in balance to avoid conflicts. It explains how mediation can help with a business transfer and how a family charter can serve as a guide in this process.
Saturday no longer a working day from 2023
From 1 January 2023, Saturday will no longer count as a working day under the New Civil Code. This article discusses the impact of this on the calculation of notice periods when terminating an employment agreement and in cases of dismissal for serious cause.
Request for discharge of residual debts after closure of bankruptcy of a natural person (sole proprietorship): failure to respect the three-month deadline no longer results in irrevocable loss of the right to discharge.
The article discusses the statutory three-month period for submitting a request for discharge of residual debts after the closure of a bankruptcy of a natural person.
Recent law offers partners protection: New right of opposition for uninvolved parties in court proceedings
This article discusses the law of 21 April 2024, which introduces a new right of opposition in the Code of Companies and Associations for partners of a general partnership, limited partnership, and simple partnership. Partners who were not party to court proceedings against their company can now file opposition against the judgment.
Precautionary attachment of your debtor's bank account: the ultimate pressure tool…?
This article discusses precautionary third-party attachment of a debtor's bank account as a means of pressure to collect outstanding, undisputed claims. It covers the conditions for such attachment, the difference with executory attachment, and the debtor's ability to object to it.
Phishing: forewarned is forearmed.
This article discusses phishing as a form of online fraud and the difference in legal protection between consumers and businesses in cases of unauthorized payment transactions. It refers to Article VII.44 of the Code of Economic Law and the role of gross negligence in the liability of credit institutions.
Penalties for failure to register with the UBO register.
The article discusses the obligation for companies, non-profit organizations and foundations to register their ultimate beneficial owners (UBOs) under the Anti-Money Laundering Act. It explains who is considered a UBO and which fines (from 250 to 50,000 euros) companies risk for failing to comply with this registration obligation…
Online information session: "Payment issues during Corona"
This free online information session addresses payment problems between businesses during the Corona crisis, with attention to force majeure, debt collection options, and judicial reorganization as a solution.
On holiday with the company car?
This article discusses common questions about using a company car while on holiday, such as liability for damage or accidents, refueling abroad, and the use of a pool car or second company car. It emphasizes the importance of a clear company car policy.
Obligation to withhold payment on invoices in the event of social security and tax debts
Since 1 January 2026, businesses in the construction and cleaning sectors must verify whether their clients or (sub)contractors have social security or tax debts before paying invoices, and withhold a prescribed percentage if so. Failure to comply can trigger joint and several liability for the unpaid debts.
Nullification by unilateral notice: soon a legal possibility.
From 1 January 2023, the New Civil Code introduces a new possibility to nullify an agreement through unilateral, written notice, alongside the existing judicial and amicable nullification.
Let the state pay part of your legal fees!
The article discusses the tax reduction for legal expenses insurance starting from assessment year 2020, based on the Act of 22 April 2019. It explains which disputes must at least be covered for the insurance contract to qualify for this tax benefit.
Is your commercial agency agreement about to end? Be careful with arrangements on calculating the termination indemnity!
This article discusses the mandatory statutory provisions regarding the termination indemnity upon the end of a commercial agency agreement. It points out the risks of contractual arrangements that determine the calculation of this indemnity in advance, with reference to case law of the Antwerp Court of Appeal.
Increasing prices after a signed quotation?
This article discusses whether and how prices can be increased after a quotation has already been signed, focusing on the legal conditions for price revision clauses under the Act of 30 March 1976.
Incorporate your company digitally from now on.
Since 1 August 2021, a company in Belgium can be incorporated entirely digitally via the StartMyBusiness portal. The article discusses how the deed of incorporation can now be established via videoconference and digital signature with eID or itsme.
If you are reading this message, you are one of the lucky ones: you know how not to dismiss.
The article discusses how Belgian employers should properly dismiss employees and highlights the importance of CBA 109 regarding the justification of dismissal. It emphasizes the importance of a formal, written dialogue between employer and employee in order to avoid a manifestly unreasonable dismissal and the associated compensation.
How to have your Association of Co-owners invest in a basic infrastructure for electric charging stations?
The article explains step by step how an Association of Co-owners can decide to invest in a basic infrastructure for electric charging stations, from putting the item on the agenda to the required majority at the general meeting and the allocation of costs.
How to have your Association of Co-owners invest in a basic infrastructure for electric charging stations?
The article explains how an Association of Co-owners can decide to invest in a basic infrastructure for electric charging stations. It describes the steps, from convening the general meeting to the required majority and the allocation of costs among the co-owners.
How can you have a judgment enforced against a non-EU person or company?
Since the EU's accession to the Hague Convention of 2 July 2019, it has become easier to have judgments against non-EU parties recognized and enforced. The article discusses the new framework and the exception for the lease and tenancy of non-residential immovable property.
How a supplier's invoice can become evidence of a non-performed contract.
This article discusses how the failure to timely protest an invoice, according to customary law and the new Article 8.11 of the Civil Code, creates a legal presumption of acceptance of the invoice and the underlying agreement.
Goodwill upon termination of a franchise agreement: is there a right to compensation?
This article examines whether a franchisee is entitled to goodwill compensation upon termination of the franchise agreement. It discusses the absence of statutory regulation in Belgium, relevant European trends, and the importance of a clear contractual arrangement.
Goodwill at the end of a franchise agreement: is there a right to compensation?
This article examines whether franchisees in Belgium are entitled to compensation for goodwill built up during a franchise agreement upon its termination. It explains that Belgian law has no statutory goodwill payment, leaving the matter to contractual freedom, while noting European trends towards fairer compensation…
Good agreements make good friends.
This article highlights the importance of a well-drafted shareholders' agreement when establishing a company. It discusses, among other things, the valuation of shares, pre-emption rights, and what to do in the event of illness or death of a shareholder.
General Terms and Conditions, fine print of great importance…
The article discusses the use and benefits of general terms and conditions in agreements and explains under what conditions they are enforceable against a contracting party.
Flash inspections in various sectors: prepare for the inspection together with your lawyer.
This article discusses the national flash inspections on social fraud in 2023, focusing on the hospitality sector in June, with an overview of earlier inspections in transport and construction. It explains which documents and violations inspectors check and emphasizes the importance of legal assistance during an inspection.
Flash inspections in the hospitality sector
This article discusses the announced flash inspections in the hospitality sector in July 2022, as part of the "2022 Action Plan to Combat Social Fraud." It explains what the social inspection services look for, how employers can prepare, and why assistance during an inspection is advisable.
Do changed circumstances justify renegotiation of the agreement?
This article discusses the new doctrine of unforeseen circumstances (imprévision) in Belgian contract law (Article 5.74 of the New Civil Code), which, under strict conditions, allows for renegotiation of agreements in cases of unforeseen circumstances.
Discharge after bankruptcy, also for directors
The article discusses the discharge of residual debts after bankruptcy under Book XX of the Code of Economic Law, and explains that not only sole proprietorships but also directors and (former) partners can benefit from it. It points out the strict three-month deadline for requesting the discharge.
Data Security Tips for self-employed entrepreneurs and businesses
The article offers practical tips for self-employed entrepreneurs and businesses to improve their data security in the context of the GDPR, such as an internal privacy policy, management of access rights, backups, two-factor authentication, and encryption.
Consumer can withdraw from a purchase up to more than twelve months after receipt of products
In the case of distance selling to consumers, a withdrawal period of fourteen days applies. If the consumer is not correctly informed of this right of withdrawal, this period is extended by twelve months.
Clear agreements, a worry-free transfer.
This article discusses the risks of unclear agreements when transferring a customer portfolio. Using an example, it shows how disputes can arise after the transfer and how clear contractual agreements can prevent this.
Chain liability for illegal employment
This article discusses the new Flemish chain liability for the illegal employment of resident third-country nationals in the construction sector, in effect since 1 January 2026. It covers the scope of application, the duty of care for contractors and principals, and the transitional arrangement until 1 July 2026.
Chain liability for illegal employment
This article explains the new Flemish chain liability rules for illegal employment of unlawfully residing third-country nationals in the construction sector, effective from 1 January 2026.
Can a doctor certify that an employee became unfit for work several weeks ago?
This article discusses whether an employer must accept a retroactive sick note, using a practical example of an employee who only submitted a certificate after three weeks.
Beware of employees who want to carry over their vacation days!
The article explains that statutory annual leave days cannot be carried over to the following year and must be taken or paid out by 31 December at the latest. Supplementary vacation days can be carried over, provided this is laid down in the work regulations.
Bereavement leave and the bereavement allowance: follow-up to the article of 18 October 2021
This article discusses the royal implementing decree of 10 January 2022, which sets out the conditions and arrangements for bereavement leave and bereavement allowance for self-employed persons. It covers who is entitled to the allowance, the conditions for granting it, the amount, and the application procedure.
All things considered: choose mediation!
The article explains exactly what mediation entails, how it differs from traditional dispute resolution through the courts, and what the advantages and disadvantages of this approach are. It discusses the role of the neutral mediator and how parties reach a solution themselves.
Acceptance of works: familiar, or not entirely?
This article discusses the legal framework for the acceptance of works in construction contracts, addressing provisional and final acceptance, their consequences, and the deviating rules under the Breyne Act, the Public Procurement Act, and the Co-ownership Act.
A look at our Alis quarterly meeting… Putting the client at the center and much more – Keep an eye on our social media!A review of Alis Advocaten's internal quarterly meeting, in which mission, vision, and values were discussed. The focus was on a client-centered approach, a healthy work-life balance for young lawyers, and future improvements in the firm's operations.
114 million euros in GDPR fines
The article discusses a report by DLA Piper showing that since the introduction of the GDPR, 114 million euros in fines have already been imposed in Europe. The situation in Belgium, including a recent conviction by the Belgian Data Protection Authority regarding cookies, is also addressed.No insights found
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