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.

The extent of the stronghold of criminal law on the business world is irrefutable.

Not only can it be said that no economic, tax, social or environmental regulations are issued that do not contain criminal provisions but public authorities effectively institute proceedings particularly on the basis of tentacular money-laundering regulations.

The criminal law team advises and assists individual entities (self-employed, employees or company executives) and legal entities, whether they are domestic or foreign clients, both in the assessment of their criminal risk (compliance) and in the defence of their interests in the context of legal proceedings.

In the latter context, elegis assists its clients whether they are accused of having committed one or more infringements or of being victims of offending conduct. elegis provides its support both during the inquiry phase (contacts with the magistrates, preparation of hearings, applications to inspect the file, requests for additional investigative measures, application for release of seizure, etc.) and during the judgement phase before the courts. elegis is also involved in plea bargaining with judicial authorities and civil transaction with victims or offenders.

elegis’ lawyers intervened in cases concerning standard offences such as corruption, fraud, forgery and the use of forged documents, misuse of company assets, market manipulation, money laundering or more specific offences such as environmental, social or tax infringements.

These services can be provided in French, in Dutch and in English.

Furthermore, against the background of the globalisation of business, our firm has developed close ties with various first-rate law firms throughout the world. We also regularly work with various accounting and finance professionals sometimes to provide evidence of embezzlement, sometimes to demonstrate a misinterpretation of accounts by the prosecution.

elegis also has widespread practical experience in common criminal law cases (theft, possession of drugs, abuse, etc.).

Lastly, since 2016, an appeal (Court of Cassation) in criminal cases has to be filed by a lawyer holding a specific certificate and this firm holds such a certificate enabling us to manage all the phases of proceedings.

By way of illustration, you will find below a list of types of cases in which elegis’ lawyers were involved:

• Complaint by a bank for IT fraud
• Defence of a foreign company accused of having falsified documents und having used such documents to deceive consumers, with the help of third parties, on the quality of the products being sold
• Defence of a company accused of having participated in a fraud in the context of a public takeover bid and in various operations 
• Defence of a company belonging to an international group accused of having participated, with other companies and persons of the group, in misuse of company assets to the detriment of a subsidiary of the group and having driven the latter subsidiary to bankruptcy
• Defence of a sportsman accused of corruption for distorting the results of a sports competition
• Defence of managers of a waste processing company accused of having infringed the applicable environmental protection rules
• Defence of the manager of a company accused of having participated in a VAT carousel fraud
• Defence of a self-employed person for infringement of the applicable excise regulations
• Defence of a company accused of being liable for the death of a worker occurring on one of its operating sites
• Defence of a company accused of having infringed social regulations concerning self-employed workers
• Defence of a company director accused of having infringed the rules regarding secondment of foreign workers.

Since 1978, elegis’ Transport & Maritime department has assisted various foreign and domestic enterprises and authorities in questions concerning transport and maritime law. Born out of prof. Marc Huybrechts’ practice, the department has accrued a tremendously deep expertise in matters of commercial transport law, transport insurance law, and public and international maritime law.

Over the years, elegis Transport & Maritime has not only gathered a widespread international network of correspondents and clients, but also a deep knowledge of the ins and outs of the Flemish Port Community and in particular the port of Antwerp. This enables elegis Transport & Maritime to offer you quick and professional assistance in even the most complex maritime affairs.

Amongst other areas, our expertise lies in cargo damage claims, collision and general average, freight forwarding, ship rental, seizure of ships (and cargo), salvaging of vessels and cargo, oil pollution, and maritime expertises.

Additionally, we assist our clients in the most diverse matters of import and export, with a particular eye for the problems that freight handlers (nations, stevedores and terminal operators), shippers and interested parties of the good can face (e.g. pledge redemption, liens, SOLAS, etc.).

As a final point, elegis Transport & Maritime also offers a unique, time-honed experience in assisting public-sector authorities.

Our service comprises both consulting and litigation in court.

elegis Transport & Maritime counts cargo and shipping stakeholders, as well as intermediaries such as freight forwarders, shipping agents and stevedores amongst its regular clients, in addition to governments.