Simont Braun - Avocats advocaten lawyers

Corporate Law for Public Entities

Public entities are actively involved in various economic sectors. They meet the public need through dedicated companies or invest in privately owned companies to benefit the economy of the country. This raises specific legal issues due to the interaction between public law (including regional regulations) and corporate law. Additionally, corporate governance within public entities is becoming increasingly widespread in terms of scope. Corporate governance as a management and control methodology involves a set of rules and principles (integrity, transparency, responsibility, etc.) which contribute to the efficient use of public funds, the lowering of expenditure or budget deficits and higher levels of public entity performance.

Our fields of expertise

Our multi-disciplinary team, which includes experienced specialists in corporate law and public law, assists public entities in:

  • M&A transactions;

  • Preparations for sensitive board of directors, committee or shareholders meetings;

  • General questions of corporate law;

  • The adoption of suitable and compliant governance (remuneration principles, selection of independent directors, etc.).

We also represent public entities before the commercial courts in cases of corporate litigation.

Major projects

  • Within the context of their merger, support for the two main operators in the water sector in Brussels, both inter-municipal companies, providing legal advice on the corporate aspects of the merger as well as guidance in public law, including successful assistance to our clients in judicial proceedings initiated by certain municipalities holding interests in the companies.

  • Assistance in the drafting of a governance charter provided to a Belgian state holding and investment company that manages the federal government’s shareholdings.

  • Advice on the governance structure of a foundation incorporated by the Brussels Region to develop a major real estate and cultural project in Brussels.