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UPDATES

WHO'S WHO LEGAL: DATA 2018 : ASTREA PARTNER STEVEN DE SCHRIJVER NOMINATED AS THOUGHT LEADER IN RELATION TO INFORMATION TECHNOLOGY, DATA PRIVACY, PROTECTION & SECURITY AND TELECOMS & MEDIA

7.12.2017

Every year Who’s Who Legal undertakes an in-depth research to identify the firms and practitioners who stand out worldwide in the field of (1) information technology, (2) data privacy, protection and security and (3) telecoms and media.

Astrea partner Steven De Schrijver is one of very few lawyers worldwide who is listed as a thought leader in all three categories.

According to Who’s Who Legal:

“The Thought Leaders are those individuals who received the highest number of nominations from peers, corporate counsel and other market sources this year. Our research has identified them as truly outstanding practitioners and the very best in their field.

These individuals are worthy of special mention owing not only to their vast expertise and experience advising on some of the world’s most significant and cutting-edge legal matters, but also their ability to innovate, inspire, and go above and beyond to deliver for their clients.”

With respect to information technology Who’s Who Legal states:

“ASTREA ADVOCATEN sees Steven De Schrijver recommended as a Thought Leader in our research with ‘vast experience’ in the IT field. He is a distinguished figure in outsourcing and matters relating to the corporate and financial sphere. One source says, ‘He is definitely my first choice, without a doubt.’”

With respect to data privacy, protection and security Who’s Who legal states:

“ASTREA’s Steven De Schrijver is a market-leading figure for data protection and security matters. Peers note, ‘He is a great lawyer all over the field’ and is ‘very knowledgeable’ in data security.”

With respect to telecoms and media Who’s Who Legal states:

“Steven De Schrijver at ASTREA ADVOCATEN ranks among the very elite of practitioners in our research and is “highly recommended” for his cutting-edge knowledge of mobile telecommunications and e-commerce matters.”

The full Who's Who Legal: Data 2018 Analysis can be found here:

http://whoswholegal.com/news/analysis/article/34248/data-2018-information-technology-analysis/

http://whoswholegal.com/news/analysis/article/34247/data-2018-data-privacy-protection-security-analysis/

http://whoswholegal.com/news/analysis/article/34245/data-2018-telecoms-media-analysis/

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DIETER VEESTRAETEN SPEAKER AT THE AIJA HALF-YEAR CONFERENCE IN GIRONA

14.11.2017

On Thursday, 16 November 2017, Dieter Veestraeten will be one of the speakers at the workshop “Take the money and run: New trends on internet and mobile payments”, which is organised as part of the Crowdfunding & Alternative Financing programme of the AIJA Half-Year Conference in Girona.

More information on this conference, which will take place between 15 and 18 November 2017, as well as the full programme can be found here.

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A NEW MILESTONE JUDGMENT ON INTRA-COMMUNITY TRANSFER OF COMPANY SEATS CAUSING THE DEFINITIVE END OF THE REAL SEAT DOCTRINE?

10.11.2017

Following a reference for a preliminary ruling by the supreme court in civil and criminal matters in Poland, the European Court of Justice has ruled an important judgment on 25 October 2017 on intra-Community transfer of company seats (C-106/16).

The shareholders of a Polish company established under Polish law wanted to move the statutory seat of the company to Luxembourg without transferring the actual seat. Consequently, the removal from the Polish trade register was requested.

However, Polish law requires the dissolution of the company in order to be removed from the trade register.

The shareholders argued that a dissolution was neither necessary nor possible, as the company had not lost its legal personality.

The case was brought to the supreme court in Poland, which filed a request for a preliminary ruling with the Court of Justice on whether the mandatory dissolution unlawfully restricts the company’s freedom of establishment.

According to the Court, the transfer of the statutory seat of a company to another member state without the transfer of the real seat falls under the freedom of establishment. The original member state must allow the removal of the company from the trade register without liquidating the company.

The Belgian legislator follows this European point of view with respect to the real vs. the statutory seat in the new Companies and Associations Code (CAC/”Wetboek van Vennootschappen en Verenigingen”). As a result, the real seat doctrine will be abolished and instead the Belgian legislator opts for the statutory seat doctrine. The CAC will enter into force on the first day of the financial year following the publication in the Belgian Official Gazette + 1 year (and will therefore not occur for each company at the same time). This new Code will bring about many new possibilities, but also changes in current Belgian company law.

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STEVEN DE SCHRIJVER CONTRIBUTES TO THE IR GLOBAL VIRTUAL SERIES PUBLICATION ON THE GDPR

31.10.2017

Astrea partner Steven De Schrijver has contributed as the Belgian expert to the IR Global GDPR Virtual Series publication “Countdown to GDPR: Tackling the challenge of new data protection laws in the EU”.

On 25 May 2018, the European Union’s new General Data Protection (GDPR) will enter into force. In its Virtual Series publication on the GDPR, IR Global aims to highlight the profound level of impact this new legislation will have on IR Global members and their clients.

The publication gathers advice from 9 data protection experts from a variety of jurisdictions (Germany, Belgium, The Netherlands, Italy, UK, USA, Luxembourg, Sweden and France), sharing their expertise and offering a unique perspective from their respective jurisdictions on the new GDPR legislation.

Read here the full Virtual Series publication on the GDPR.

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STEVEN DE SCHRIJVER GIVES PRESENTATION ON DRONES AT THE EUROPEAN ITECHLAW CONFERENCE 2017 IN STOCKHOLM

18.10.2017

Steven De Schrijver will speak at the European ITechLaw Conference 2017, which will take place from 18 October to 20 October in Stockholm, Sweden.

ITechLaw is the leading global organization for legal professionals focused on technology and law. With a global membership base representing six continents and spanning more than 60 countries, ITechLaw educates lawyers worldwide about the unique legal issues arising from the evolution, production, marketing, acquisition and use of information and communications technology and provides a forum for the exchange of ideas and in-depth examination of information technology and telecommunications law issues.

The topics on the agenda of this year’s conference include Privacy & Data Protection, Regulation & Innovation and Intellectual Property & the Internet.

Steven will give a presentation on the legal issues surrounding the commercial use of drones together with Joanne Vengadesan (Penningtons Manches LLP).

For more information, please check: http://www.itechlaw.org/Stockholm2017

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NEW ANTI-MONEY LAUNDERING ACT PUBLISHED IN THE BELGIAN OFFICIAL JOURNAL

17.10.2017

A new Anti-Money Laundering Act has been published in the Belgian Official journal of 6 October 2017, implementing EU directive 2015/849. The Act will replace the previous anti-money laundering act of 1993 and will be effective as of 16 October 2017. Innovations under this Act include:

  • a broadening of the scope of the obliged entities
  • a new risk assessment procedure
  • the introduction of simplified and enhanced customer due diligence
  • an obligation to hold and provide beneficial ownership information, and the introduction of  a national central register for beneficial ownership information
  • a revision of the role and responsibilities of the CFI (Cel Financiële Informatieverwerking)
  • an introduction of a maximum term for data retention
  • an improvement of the cooperation between the financial intelligence units and the European Commission
  • the creation of additional administrative and criminal sanctions for breaches of the requirements of this Act.

The full memorandum on the new Anti-Money Laundering Act can be found here.

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STEVEN DE SCHRIJVER AND THOMAS DAENENS CONTRIBUTED THE BELGIAN CHAPTER TO THE INTERNATIONAL COMPARATIVE LEGAL GUIDE TO CORPORATE GOVERNANCE 2017

17.7.2017

Steven De Schrijver and Thomas Daenens of Astrea have contributed the Belgian Chapter 3 of the International Comparative Legal Guide to Corporate Governance 2017 (10th edition).

This guide, which is divided into Country Question and Answer Chapters, covers common issues in corporate governance laws and regulations – including transparency and reporting and corporate social responsibility – in 32 jurisdictions. It provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of corporate governance. All chapters are written by leading corporate governance lawyers and industry specialists.

Read here the Belgian Chapter to the International Comparative Legal Guide to Corporate Governance 2017, contributed by Steven De Schrijver and Thomas Daenens.

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1001PACT RECEIVES LICENCE AS CROWDFUNDING PLATFORM

30.6.2017

1001Pact (https://1001pact.com/be), a new Belgian crowdfunding platform, has received its FSMA licence on 21 June 2017. It provides alternative funding services to and commercializes direct investment instruments for impact enterprises and corporates, available also under the very favourable Belgian tax shelter regime for start-ups. Under the new scheme, private investors benefit from a tax reduction if they invest in the capital of start-ups via licensed crowdfunding platforms (such as 1001Pact).  Astrea assisted 1001Pact Impact Investments SA in the framework of its foundation as a Belgian crowdfunding platform.

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LOUIS VERSTRAETEN A PARLÉ À LA SÉANCE D’INFORMATION DE LA FEB CONCERNANT LA SOLUTION CONFIDENTIELLE DANS LE NOUVEAU LIVRE XX DU CODE DE DROIT ÉCONOMIQUE

26.6.2017

Le 26 juin 2017, la FEB (Fédération des Entreprises Belges) a organisé une séance d’information sur le nouveau livre XX « l’insolvabilité des entreprises » du Code de droit économique. Plusieurs orateurs, tels que le ministre de la justice Koen Geens, le Président honoraire de la Cour de Cassation Ivan Verougstraete et des praticiens dont notre associé Louis Verstraeten, ont expliqué les changements majeurs. Les nouveaux outils pour favoriser la sauvegarde des entreprises en difficulté étaient le fil rouge des exposés.

Louis Verstraeten expliquait l’accord amiable (extra)judiciaire dans le cadre du réorganisation judiciaire. Il a donné un aperçu des changements que la nouvelle loi entraîne et a illustré les possibilités de l’accord amiable avec quelques exemples de pratique.

Vous pouvez trouver plus d’information sur la séance d’information de la FEB ici.

Contacter?

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NEW EUROPEAN INSOLVENCY REGULATION WILL BE APPLICABLE SOON

23.6.2017

The recast European Insolvency Regulation replaces the current Regulation of 2000 and will be applicable on cross boarder insolvency procedures opened after June 26, 2017.

The new rules address the main shortcomings of the old Regulation and endeavor to contribute to a more efficient settlement of cross boarder insolvency procedures.

We highlight the main changes in this update.

  • The pre-insolvency procedure and hybrid procedure fall from now on (and more than before) within the material scope of the Regulation. These are the procedures aimed at safeguarding undertakings in financial difficulties through restructuring. For Belgium, this implies an expansion to all procedures of judicial reorganization including the amicable settlement.
  • The key concepts “centre of main interests” (COMI) and “establishment” that determine the competent court, are being clarified.
  • The Regulation entails an improved coordination between main and secondary insolvency proceedings. Secondary proceedings do not need to be a liquidation procedure anymore, which will facilitate the maintenance of the going-concern of a cross-border establishment.
  • Procedural simplification is introduced by the so-called “synthetic proceedings”, whereby the rights of foreign creditors will be protected in the main insolvency proceeding, as if a secondary proceeding were opened.
  • The member states are obliged to create an electronic register for insolvency proceedings in which the information concerning the insolvency procedure will be published. Afterwards, the different national registers will be linked via a central European e-justice portal, which gives the national judges and creditors from different member states the possibility to access all relevant information. In Belgium, the REGSOL is in the meantime up and running.
  • Lastly, this Regulation also lays down rules on the coordination of insolvency proceedings that are related to several members of the same group of companies. The aim of which is to make the efficient and combined settlement of insolvency procedures possible.

The new Insolvency Regulation works out and builds upon the experience Europe gained the past 15 years, especially with regard to the insolvency of subsidiaries of a group of companies. By creating a framework for coordination, the chances of a smooth settlement of a complex international insolvency proceeding are being increased. Contact?

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