Flex Business Attorneys has over 50 years of in-house experience trough various legal matters. We are the legal partner of every entrepreneur and act proactively as your legal advisor as well as your attorney in court. Please find below some of the legal matters in which we can assist you.
Founding, M&A or liquidation of a Belgian company
If you are setting up a new business, multiple questions arise. Will you be the only owner or will it be a partnership? We will help you determine the right corporate structure, together with your accountant or tax advisor. The choice is important and should be focused on your specific needs. Once you have made a well-considered decision, we can assist you throughout the start-up procedure.
If you want to acquire a company, various points of attention are of great importance both in an asset deal and in a share deal. For example, in a share deal the due diligence is of great importance: checking whether the actual state of the business corresponds to the information presented. The books are examined, the contracts are mapped out, pending legal cases are evaluated and so on, to avoid buying a pig in a poke! We take care of the legal part. A careful investigation will get you a long way, but also a judicious contract (SPA). The right reps and warranties can prevent you from being confronted with unpleasant surprises. We can assist you from the first declaration of intent up to the final takeover deal. Of course we can also assist the vendor in such a process.
Restructuring or liquidation
When a company ceases to operate, it must be dissolved and liquidated. The liquidator has a delicate task, given that partners and creditors are counting on a correct settlement. We can advise on dissolution and liquidation as well as on restructuring of companies, mergers or demergers.
Disputes between shareholders or directors
Disputes between shareholders or directors
Shareholders and directors each have their respective rights and obligations. When there is disagreement within the company, various preventive or curative mechanisms can resolve the situation, such as the compulsory acquisition of shares (withdrawal or exclusion) or involuntary dissolution. But a shareholder can also raise his voice outside legal proceedings, e.g. by exercising a right of inspection and/or posing the right questions at the general meeting of shareholders. Directors and founders should be aware of their potential liabilities towards the company or third parties. By seeking specialised advice in time, unpleasant consequences can be avoided and the right attitude in the board of directors and/or the general meeting of shareholders can be determined.
Drafting, reviewing or negotiating business contracts
A well-drafted contract is worth its weight in gold, whether it concerns M&A deals, joint ventures, commercial or civil contracts, employment contracts, building contracts, general terms and conditions of sale or others. Having your agreements drawn up or checked in advance by a specialist offers unquestionable added value and can largely prevent legal proceedings later on. After all, clear clauses should not be interpreted by the courts.
We are at your side when negotiating important business deals, drawing up the contracts and advising you on your rights and obligations under the agreements.
Disputes concerning the execution of agreements
When a dispute arises in the cooperation with your client, it is very important to contact them as soon as possible. Timely legal advice can prevent actions being taken or matters being written which at a later stage may prove fatal in court.
If possible we always try to reach a friendly settlement. Otherwise, we will represent you all the way in court.
Above all, do not wait until it is too late, even if there is no dispute yet, it is advisable to be informed about your rights and obligations in an agreement.
Liabilities and damages
Those who do nothing, can do nothing wrong…. Entrepreneurship does involve taking on responsibilities, which brings various liabilities and claims into the picture:
- liabilities of company directors and founder
- liability for employees
- liability in contractual matters
- traffic accidents
- hidden vices
- product liability
- construction liabilities
and so on.
Assisting companies who experience financial difficulties
Judicial reorganization offers opportunities to cope with temporary financial difficulties. Thanks to a period of suspended execution, the entrepreneur has the possibility to save the continuity of his business by an individual agreement, a reorganization plan or a transfer of assets under supervision of the court. Together with your accountant, we prepare your application and defend your request in court.
Thanks to our large experience in bankruptcy proceedings, we can also provide specialized advice to persons confronted with bankruptcy (debtor, creditor etc.)
Financial criminal law
Beside these matters our office has an expertise in the following niches:
The purchase of a yacht should be done with care. A thorough technical inspection and sound advice on contracts are essential. We have an extensive expertise and can assist you with this in Belgium and abroad. We can also assist you in the registration process of your boat, liability cases, disputes regarding defects, rental agreements, insurance disputes and more.
Aquisition of foreign real estate
We are member of the international lawyer network AEA. This makes us strategically placed to assist our clients in acquiring a second residence abroad. Doing so without proper guidance in the country concerned is often very risky. We are an accessible point of contact for our clients in their own country and can at the same time call upon a local colleague in the country concerned to provide advice on the national legislation and local habits.