Overview

Emmanuelle is an associate who specialises in corporate law focusing on mergers and acquisitions.

Prior to joining Van Bael & Bellis, Emmanuelle worked for several years in an international law firm where she gained experience in corporate law.

Languages 

French, English, Dutch

Education 

  • Vlerick Business School, Belgium, Master in General Management, cum laude, 2016
  • University of Louvain, Master of Law, magna cum laude, 2015
  • University of Saint-Louis (USL), Brussels, Bachelor of Law, cum laude, 2013

Publication 

Pottier, E. et Mouzon, E., « Les transactions entre une société cotée et des parties liées à l'aune de la directive SRD II et de sa transposition en droit belge par la loi du 28 avril 2020 », R.D.C.-T.B.H., 2020/5, p. 603-630.

Bar Admission 

Brussels

Publications and insights

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    • 06/01/2021
    • News

    New rules on remote participation and voting at shareholders’ meeting

    On 20 December 2020, the Belgian Parliament adopted a series of measures intended at facilitating remote participation and voting of the shareholders or members of limited liability companies (SA/NV), private limited liability companies (SRL/BV), cooperative companies (SC/CV) and (international) non-profit associations (A(I)SBL/(I)VZW). In summary, the new rules provide that (i) an express authorisation in the articles of association to organise virtual meetings is no longer required and the decision is at the discretion of the management body and (ii) (international) non-profit associations can, in some circumstances, adopt written shareholders’ resolutions. Important to note is that even if a virtual meeting is organised by the company or non-profit association, a physical meeting must still be held simultaneously. A company or a non-profit association can, therefore, not force its shareholders to attend the meeting virtually. Several conditions must, however, be met for the company or non-profit association to be able to validly organise a virtual shareholders’ meeting: (i) the company must be able to clearly verify the identity and capacity of the shareholders, (ii) the convening notice must contain a clear and precise description of the procedure to participate in the meeting, (iii) members of the bureau must attend the physical meeting which is organised simultaneously to the virtual one and (iv) the means of communication used by the shareholders to participate in the meeting must allow them to directly, simultaneously and without interruption follow the debates, exercises their voting rights and ask questions during the meeting. This last requirement will, however, only be applicable as from 30 June 2021, in order to give companies sufficient time to adapt.

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    • 06/01/2021
    • Articles

    Covid 19 | Second temporary statutory moratorium on creditors’ rights

    On 20 December 2020, Belgian Parliament adopted a new law setting out various temporary measures and structural provisions to mitigate the impact of the Covid-19 crisis (the Law). The Law includes a statutory moratorium applicable from 24 December 2020 until 31 January 2021 (included) for enterprises that are or were forced to close in application of the Ministerial Decree of 1 November 2020 setting out emergency measures to limit the spread of the Covid-19 (the Moratorium). In summary, the Moratorium provides that enterprises are protected against (i) bankruptcy and judicial dissolution, (ii) attachment and enforcement measures and (iii) termination of existing contracts due to non-payment. In addition, payment periods included in a homologated judicial reorganisation plan approved before or after 24 December 2020 are extended by the duration of the suspension with a corresponding extension of a maximum period of five years for the implementation of the reorganisation plan. Unlike the previous moratorium decided upon in March 2020 and which applied until mid-June 2020, the Moratorium only applies to enterprises that are or were forced to close due to the governmental restrictions and whose continuity is threatened by these measures. The Moratorium will automatically end on 31 January 2021 unless extended by the Belgian Government.

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