Shareholders enter into a company or joint venture with the best of intentions, but that does not mean that conflicts may not arise along the way. Because conflicts are an inevitable part of our lives, it is important to get your ducks in a row prior to the conflict arising. Even though the Belgian Code of Companies and Associations provides for a number of procedures for dispute resolution such as exclusion (uitsluiting) and exit (uittreding), such procedures come with their own advantages and disadvantages. To mitigate the disadvantages, contractual deadlock and exit-mechanisms may provide a solution.
In such context, Lydian’s cross practice Corporate Litigation team organizes a webinar to give insights in both the legal and contractual solutions, in all their aspects.
Drawing from their extensive experience, our Corporate Litigation team will answer amongst others the following questions:
- Does Belgian law provide me with the possibility to force a fellow shareholder to leave our company in case of a conflict?
- Does this require a specific threshold of shareholding? Does this require any motivation?
- Does Belgian law foresee the possibility to impose other obligations on a departing shareholder, such as a non-compete obligation?
- Does Belgian law allow me to exit as a shareholder in case of any conflict with a fellow shareholder?
- What are the limitations / uncertainties resulting from such conflict proceedings as provided for by Belgian law?
- At which price will shares be valued in the event of an exclusion or exit in absence of contractual price arrangements?
- How can I proactively prevent that conflicts would block the decision-making processes of my company through a shareholders’ agreement?
- Which procedures can be included in a shareholders’ agreement in case of a deadlock?If a deadlock cannot be mitigated, can call and put options, drag and tag along clauses, Texas shoot-out or Russian roulette provide for a solution?
- What are the advantages of already addressing potential conflicts in a shareholders’ agreement?
- Are there also risks to these contractual solutions?
- Are contractual rights such as call and put options always enforceable or are there situations where this could be considered abuse?
Date: 28 January 2025
Timing: 11:00 - 12:00
Register now
Participation is free of charge.Closer to the webinar, you will receive further details from us to gain access. We look forward to welcoming you!If you have any questions about the webinar, do not hesitate to contact us at +32 2 787 90 77 or events@lydian.be.
