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Limited liability company

To Opt-In or not To Opt-in? That is the question

On 1 January 2020 the new Belgian Company Code will apply to all existing companies. A company can however apply the BCC as early as 1 May 2019 by modifying its bylaws.

Lack of creditor protection within a private limited liability company in the event of a capital decrease is discriminatory

The Constitutional Court recently ruled that the difference between the protection mechanism for creditors of a private limited liability company and creditors of a public limited liability company in the event of a capital decrease is not reasonable justified and is therefore discriminatory. 

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