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Belgian Securities Regulator: Beware the Risks of Certain Convertible Bonds

In Short - The Situation: Several Belgian-listed companies have turned to very dilutive instruments (e.g., certain types of convertible bonds and equity lines) as a source of financing, which raises risks for investors...more

New Belgian Law on Shareholder Rights: Fostering Corporate Transparency and Long-Term Shareholder Engagement

The Situation: On April 16, 2020, the Belgian Parliament approved a law to transpose the EU Shareholder Rights Directive II ("SRD II") (Directive (EU) 2017/828 amending Directive 2007/36/EC)) into Belgian law ("Transposing...more

Belgium Enacts Historic Corporate Law Reform

The Background: On February 28, 2019, the Belgian Parliament approved a historic company law reform. The Result: The new Belgian Code of Companies and Associations ("BCCA") becomes applicable on May 1, 2019, with staggered...more

Greater Flexibility Slated for Equity Financing in Belgium

The Situation: A draft law designed to reform the Belgian Companies Code ("New Company Code") received a green light from Parliament's Justice Commission on 23 October 2018. Pending final approval, the New Company Code is...more

Greater Flexibility for Belgian Companies Issuing Bonds

The Situation: A draft law designed to substantially reform the Belgian Companies Code was submitted to the Belgian Parliament for review ("New Companies Code") on June 4, 2018. The Result: The New Companies Code will lift...more

Belgium Launches Consultation Process on EU Prospectus Regulation

The Situation: EU Member States must make key choices under the new EU Prospectus Regulation, which provides a new regime of prospectus requirements when securities are offered to the public or admitted to trading on a...more

New Category of Debt Securities: Senior Non-Preferred Notes, European Capital Markets Update

On 20 July 2017, Belgium adopted legislation establishing senior non-preferred notes, a new category of debt securities available to banking institutions. The law provides for a new Article 389/1 into the Law of 25 April 2014...more

Further Implementation of the Market Abuse Regulation, European Capital Markets Update

On 31 July 2017, a new law was adopted to further implement and ensure the effectiveness of Regulation 596/2014 on market abuse ("Market Abuse Regulation"). This new law amends the law of 2 August 2002 on the supervision of...more

Significant Regulatory Innovations for REITs in Belgium

The Situation: Belgium's Law of October 22, 2017, modifies the REIT Regime by broadening the scope of REIT activities and relaxing the country's existing regulatory framework for REITs. The Result: The real estate sector...more

Mandatory Disclosure: Belgium Requires Large Companies to Provide Certain Non-Financial Information

The Background: On September 3, 2017, Belgium adopted a law implementing EC Directive 2014/95/EU on the disclosure of non-financial and diversity information by certain large undertakings and groups. - The Result: Under...more

A New Category of Debt Securities in Belgium: Senior Non-Preferred Notes

On July 20, 2017, Belgium adopted legislation establishing a new category of debt securities available to credit institutions and investment firms ("banking institutions"). The law provides for a new Article 389/1 into the...more

Belgian Financial Regulator's Tightening of Investor Protection Against Unfair Contract Terms

On 6 February 2017, Belgium's financial regulator (Belgian Financial Services and Markets Authority ("FSMA")) moved to fortify the protection of investors, publishing a position paper ("Position Paper") on the application of...more

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