Entries by Laura Van Gompel

M&A transactions and the importance of data due diligence

Laura Van Gompel  – October 2021 – Data protection (and processing) is not always part of the due diligence in M&A transactions. However, a data due diligence can reveal non compliance of the target company with the GDPR and thus additional risks for the buyer. Specific warranties on data protection and future liabilities or penalties […]

Representations and warranties in M&A contracts: purpose and importance

Hans Van Gompel – October 2021 – Those who are not familiar with M&A contracts are often surprised that a major part of the contract is dealing with the so-called ‘Representations and Warranties’. Often, these ‘Representations and Warranties’ are drafted in a specific enclosure. Its likely they have more pages than the contract itself, the […]

Always include a MAC in your share purchase agreements

Eric De Wilde – October 2021 – Imagine. You are about to buy a bakery store in the centre of the city. Next to the store there is a large school. This store is worth its price because of its recurring (school) clientele. All of a sudden the whole country goes in lock down: no […]

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Last summer interns at VGA (September 2021)

Found out how Maarten Toussaint and Matthias Koopmans experienced their summer internship at Van Gompel Advocaten (VGA). Maarten Toussaint – 23 September 2021: “This summer I chose (once more !) for a summer internship at Van Gompel Advocaten. The firm focuses on broad corporate law (including GDPR). As a summer intern you get to be […]

Get remission of debts in the event of bankruptcy? It is possible for natural persons

Elise Strauven – September 2021 – As a result of the implementation of the reformed Belgian Insolvency Act[1], a bankrupt natural person, can obtain remission of his (remaining) debts. This is particularly interesting for (daily) managers, CEO’s or sole proprietaries or single person businesses. A formal request for remission should be filed before the competent […]

Protect your primary residence against seizure by professional creditors

Elise Strauven – September 2021 – If you are a self-employed natural person (freelancer, company director, independent professional or a single-person business e.g.), your personal and business assets are mixed. There is no (automatic) asset-partitioning. You have unlimited liability. Your personal assets therefore also serve as collateral for your professional creditors, who can for example […]

Creditors: be on your guard. Belgian experiment with prepackaged bankruptcy extended until 16 July 2022  

Eric De Wilde – September 2021 – For companies fearing bankruptcy in Belgium, the procedure of court-supervised reorganization (“Gerechtelijke reorganisatie”) exists. The Covid-19 pandemic raised awareness that more measures are required to protect companies against bankruptcy. It led the Belgian government to experiment with a prepackaged bankruptcy inspired by US legislation. The law of 21 […]