elegis supports its domestic and international clients in all the aspects of company law. Its lawyers provide their assistance, in particular, at the time of:
- business creation (choice of the corporate form, drafting of the Articles of Association and shareholders’ agreements, etc.),
- restructuring operations (merger, splitting, takeover, transfer of shares, acquisition of shareholding),
- conflicts between shareholders or claims invoking directors’ liability,
- reorganisation of companies in difficulty (judicial reorganisation by collective agreement or transfer of activity/activities, voluntary liquidation, etc.),
- liquidation or bankruptcy.
When your company is being incorporated, elegis will guide you through the process of selecting the company form that will be best suited to your activity and in drafting the Articles of Association and any shareholders’ agreements.
elegis is also able to offer you assistance throughout your company’s existence. For many clients, our law firm takes care of the organisation, management, registration and publication of company documents but we will also be there to assist you in your business development operations.
elegis offers extensive experience in assisting shareholders and directors in organising general meetings and board meetings and resolving difficulties relating to the running of meetings. Our lawyers assist clients in shareholder conflicts, (protection of minority shareholder rights, exclusion or compulsory redemption procedures, etc.) or when their director’s liability is invoked or even conversely to invoke the liability of a shareholder or director.
Lastly, elegis’ clients can count on us when they are facing difficulties to help them to reorganise and overcome setbacks or, if such an operation is no longer possible, to wind up a business or file for bankruptcy.
We advise domestic and international clients on all aspects of insolvency law.
We address questions and problems that arise in issues of debt collection and recovery, and assist enterprises facing difficulties in commercial inquiry services in the commercial courts. We assist in planning restructuring measures and their implementation, as well as assisting creditors in dealing with debtors in a state of imminent insolvency (cfr. US Chapter 11 proceedings). We have years of practical experience in dealing with debt collection issues, executing privileges and sureties, and retention and bankruptcy disputes.
We also provide advice and assistance in Continuity of Enterprises Act (WCO) procedures: we assist our clients throughout the entire WCO procedure, both judicially and extrajudicially, in addition to supporting them in implementing the restructuring measures (as prescribed by the reorganisation plan). This includes, inter alia, drafting a reorganisation plan and applications, support in interacting with the appointed judge as well as defending the WCO file before the court, and negotiating an amicable or collective agreement with creditors. Lawyers specialised in company or social law are able to intervene on behalf of their clients in every phase of the procedure (in case of collective agreement as well as transfer of activities).
Our M&A practice group assists both domestic and international clients throughout the entire M&A process, giving advice in the initial offering phase, conducting and organizing due diligence surveys, deal structuring, negotiating and drafting all transaction documents such as letters of intents, reps and warranties, disclosure letters, share and asset acquisition agreements, deal financing agreements, … . . We further give advice on ( leveraged ) buy out transactions and mergers. We also advise and support clients in post-closing disputes and integration, price adjustment settlements, litigation and arbitration.
Belgium is a country characterised by SMEs and family businesses, which form the backbone of our economy. That makes an empathy for their specific business activities and a results-oriented, bespoke approach very important.
Elegis has accrued extensive experience in guiding and advising these companies in the various aspects of their operations. As specific issues can arise during the start-up phase, the daily management and during strategic decision-making, we are happy to share this considerable experience and knowledge, which also extends to the drafting of shareholder agreements and family charters in family businesses.