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Dear reader,
I am a lawyer at the Brussels’ bar. My practice is focused on company law and includes mergers and acquisitions.
The aim of my website is to provide information, primarily of a legal nature, to anyone interested in a business transfer in Belgium.
The information on my website relates both to the acquisition process of a business and to the main documents that are generally prepared in the context of a business transfer. It also comprises a glossary of the common terms used in the field of acquisitions.
A business transfer may be a complex operation. Therefore recourse to a professional consultation is recommended, especially for valuing of the target company and dealing with the legal and tax aspects of the transaction.
I hope you will find the information you are looking for!
Christian Duvieusart
A business transfer can take two main forms: a transfer of assets (such as the transfer of business capital or of a branch of activity) or a transfer of shares. A transfer of shares is of course only possible when the target is structured as a company.
A transfer of assets is sometimes referred to as an “asset deal” and a transfer of shares as a “share deal”.
From a legal perspective, there are significant differences between a transfer of assets and a transfer of shares.
The first difference relates to the object of the transfer. In a transfer of assets, the object being transferred is directly the business itself. In a transfer of shares, the object of the transfer is, by definition, the shares, and the business is transferred only through the sale of the shares. This distinction has important consequences, particularly with regards to the need for contractual guarantees in favour of the buyer of the shares.
This website is dedicated to business transfers conducted through a transfer of shares, that is, the sale of shares.