Director and shareholder

Disputes
In a company, shareholders and directors each have rights and duties. Sometimes there are disagreements. Various preventive or curative mechanisms offer a solution in such cases, such as the forced acquisition of shares (exit or exclusion). Fortunately, legal proceedings are not always necessary. For example, as a shareholder, you have the right to inspect the accounts and ask questions at the general meeting. We provide you with timely specialist advice to avoid unpleasant consequences, so that – even before a dispute arises – we can help determine your strategy. It is precisely this stage that can lead to winning or losing should litigation take place. That is the added value we offer.

Family property law
You have a business (perhaps your partner is a co-shareholder) and it comes to a divorce or relationship breakdown. We can also assist you in these family law cases. Here we focus on the link between family property law and business. We also advise family businesses both when optimising asset structures and in the event of disputes.

Contracts

Drafting contracts
A well-drafted contract is worth its weight in gold. Takeover deals, joint ventures, commercial or civil contracts, employment contracts, construction contracts, general conditions of sale and more. Having your agreements drafted or reviewed in advance by a specialist offers you great value and greatly reduces the risk of court proceedings in the future. Clear clauses prevent different interpretations being drawn by the courts. We assist you in negotiating important business deals, drafting contracts and advising you on your rights and obligations.

Contractual disputes
When a dispute arises while you are working with a client, it is very important to seek legal advice in a timely manner. The first communications so often make the difference: verba volent, scripta manent. This way, you will avoid doing anything that turns out to have undesired consequences in court at a later stage. If it has to come to that, because we always try to reach an amicable solution. Should this fail, we will assist you all the way to court. Above all, don’t wait until it’s too late, even if there’s no trouble yet. You are welcome to ask about your proper rights and obligations in an agreement.

Commercial leases
If you own your own business and rent a building for your commercial activity, you enjoy specific protections as a commercial tenant. In these cases the specific rules for commercial leases apply. At Flex Advocaten, you’ll find out all about it. You can also contact us for other leases such as residential leases, warehouse leases, storage sites and pop-ups.

Dismissal Law
If you feel a layoff is coming or you wish to fire an employee, we will help you take the right legal steps. We assess the dismissal situation and give you sound advice, whether it is a dismissal on urgent grounds, termination or, for example, a dispute about a non-compete clause. If desired, we will negotiate terms with your employer or employee.

Distribution agreements
We help you draw up distribution agreements (exclusive distribution agreements, resale agreements, franchise agreements, etc.) Here, we examine what both parties have in mind and draw up an agreement that remains workable in the long term and that provides solid legal protection, so both you and your trading partner can be assured of future business.

Liability

Construction disputes
We assist contractors, subcontractors and building owners when problems arise on site. Work that was not performed properly or on time, cases of damage on site, disputes about fees or specifications, etc. Especially for contractors, we recommend taking appropriate and timely measures and communicating knowledgeably with the other players in the construction process.

Transport and traffic law
Are you a carrier, or did you use a carrier and something went wrong? We can help with cases like lost or damaged cargo, wrong deliveries of goods, fraud, traffic offences and damage. We can guarantee thorough expertise in transport law, particularly the CMR Convention, so that we can advise you for any losses or damage on European territory.

Insurance disputes
An insurer can sometimes surprise you and deny cover when you least expect it. Disputes about levels of compensation are also very common. In these cases we thoroughly explore your rights and, if necessary, take your insurer to court to enforce them.

Company in difficulties

Director and shareholder
When you go into business, you have responsibilities. This comes with the chance of liabilities. Flex can help you here. We advise you on how to best assess your liability (directors’ and/or founders’ liability) and assist you in the event your liability is compromised.

Corporate criminal law
We specialise in various aspects of corporate criminal law. We work for both defendants and injured parties, and for both incorporated companies and physical persons. Examples include: financial fraud, misuse of corporate assets, money laundering, bankruptcy offences, tax or social security offences.

Judicial restructuring
In temporary financial difficulty? We are at your service. Did you know that by accepting a period of suspension, you can enjoy temporary protection from your creditors? We can protect the continuity of your business through an amicable agreement, restructuring plan or transfer of assets. We will work with your accountant to prepare your case and defend your application in court.

Similarly, if you are a creditor of a bankrupt or a company under judicial restructuring (WCO), we will assist you and explore options to maximise the recovery of your claim.

Bankruptcy
Sometimes it happens that, as a self-employed person, you are no longer able to meet the financial obligations of your business. This is a situation where your company is structurally unable to pay the bills. But here again you can count on our expert experience in bankruptcy. We also help creditors assert their rights facing a debtor’s bankruptcy. They can often do more than they realise.

Starting up

You want to start a new business. Sole proprietorship or company? We will help you choose, along with your accountant or tax advisor. The choice is important and should focus on your practical needs. Once you have made an informed decision, we can assist you through the start-up process.

If you work together in partnership with other people, it is important to think about the arrangements that need to be put on paper in the articles of association or a shareholders’ agreement. Consider resale rights, resale obligations, transfer restrictions, arrangements on death, the right to appoint directors, profit distribution and the like.

Restructuring or abandonment

When a company ceases to operate, it needs to be dissolved and liquidated. The liquidator has a delicate task, given that partners and creditors count on a proper settlement. Especially for liquidation in deficit, court obligations need to be monitored closely. We can give advice in the context of dissolution and liquidation, as well as corporate restructuring, merger or demerger.