A new screening mechanism of foreign investments in Belgium starts on 1 July 2023!
As from 1 July 2023, foreign (i.e. non-EU) investors will have to notify the Interfederal Screening Commission (‘ISC’) about their investment plans in certain sectors in Belgium. Targeted are investments in sectors considered to be highly sensitive, or that could impact national security, public order, or the strategic interests. For these investments, prior approval of […]
Belgian law transposing the European Mobility Directive regarding cross-border mergers, demergers and conversions has now been published in the Belgian State Gazette
The Belgian law of 25 May 2023 implementing the EU Directive 2019/2121 of the European Parliament and of the Council of 27 November 2019 amending Directive 2017/1132 regarding cross-border conversions, mergers and divisions, also called the “Mobility Directive”, has been published on 6 June 2023. The Mobility Directive updates the rules governing cross-border mergers and […]
The Law transposing the Directive 2019/1023 on Restructuring and Insolvency finally out!
This is it ! The Directive 2019/1023 on Restructuring and Insolvency has finally been transposed into Belgian Law! On 25 May 2023, almost three years behind schedule, the long-awaited law amending book XX of the Code of Economic Law (“CEL”) was finally voted in plenary session. Below, we review the main novelties of the Law […]
NFTs (Non-Fungible Tokens) and Financial Services
NFTs have garnered significant attention as a unique form of digital assets, representing ownership and authenticity of various digital content ranging from collectibles and art pieces to more typical financial assets such as securities. As a relatively new and diverse asset class, NFTs are still evolving in an environment with limited legal certainty regarding their […]
Deadline om statuten aan te passen nadert!
Het Wetboek van Vennootschappen en Verenigingen (het ‘WVV’) is 4 jaar geleden in werking getreden, op 1 mei 2019. De overgangsperiode loopt binnenkort af. Tegen 31 december 2023 moeten alle vennootschappen die vóór 1 mei 2019 zijn opgericht, hun statuten hebben aangepast. | DEADLINE: 31 DECEMBER 2023 Bij de inwerkingtreding van het WVV waren bestaande […]
Should IP Owners mind the NFT Business?
Non-fungible tokens (NFTs) are digital assets registered on the blockchain that represent unique though intangible items such as, among others, pictures, videos or video game collectibles. These digital assets feature unique characteristics allowing them to somehow replicate the tangible attributes of physical goods like uniqueness, scarcity and proof of ownership. In the virtual economy, NFTs […]
Trade Mark Laws and Regulations Belgium 2023-2024
Simont Braun is happy to share the Belgian chapter on Trade Mark Law and Regulations, authored by our Intellectual Property Team for ICLG Comparative Guide. The chapter covers common issues in trade mark laws and regulations – including legislation, application, refusal, opposition and registration. Built as a Q&A, this guide is meant to be a […]
Simont Braun ranked in The Legal 500 EMEA 2023
Last Wednesday, Legal 500 released its 2023 rankings. We are very proud of our teams who once again maintained their excellent rankings and were even mentioned in 6 new categories. All our rankings are available here. We warmly thank all team members for their motivation and hard work. We are also grateful to our peers […]
Breaking news for Payment Service Providers (PSPs) operating in Belgium!
On March 23rd, 2023, the Belgian legislator adopted a draft law amending the Belgian VAT Code with regard to the introduction of certain information obligations applicable to Payment Service Providers (PSPs), transposing Directive 2020/284 into Belgian law. Under the new law, PSPs will be required to report specific information to the Belgian tax administration on […]
NFTs (Non-Fungible Tokens): An introduction guide
Simont Braun takes a deep dive into the technicalities and unique legal challenges that come with NFTs. This article is the introductory part of a series dedicated to NFTs and law and takes a closer look at what NFTs are, how they work and what use cases exist. | INTRODUCTION Non-fungible tokens (NFTs) are digital […]
The FSMA Regulation on the marketing of virtual currencies to consumers
On Friday 17 March 2023, the Financial Services and Market Authority (FSMA) regulation on the marketing of virtual currencies to consumers (as approved by Royal Decree) has been published in the Official Gazette (the Regulation). | WHAT IS IT ABOUT? The Regulation imposes new requirements regarding the marketing of virtual currencies to consumers. It will […]
EU launches its DLT Pilot Regime
In June 2022, the EU published the final version of the ‘DLT Pilot Regime’. Later this month, on March 23rd, the regime will formally be open to applications. The regulatory sandbox will act as a probing ground for a secondary market in financial instruments that are based on distributed ledger technology. Under certain conditions, the […]