We regularly advise diplomatic and consular missions not only on the application of (i) the rules of law relating to their status, privileges and immunities and to those of the members of their staff and their families, as they derive in particular from the Conventions of Vienna on diplomatic and consular relations, but also (ii) on provisions of Belgian law. For example, we can intervene within the framework of:
- Providing advice on Belgian labor legislation;
- Drafting of social documents in accordance with Belgian law (work regulations eligible for approval by the Commission des Bons Offices (CBO) and the work inspection, employment contracts, dismissal letters etc.);
- Obtaining work permits for certain members of the staff of diplomatic missions (especially when the period of validity of special cards expires);
- Rules governing the main contracts binding the diplomatic mission or the consulate with local players (leases, sales contracts, business or insurance contracts, etc.);
- Rules governing immunities from jurisdiction and execution of diplomatic missions, consulates and diplomats;
- Tracking CD license plates and special identity cards to categories of personnel active in diplomatic and consular missions, and to members of their families;
- Monitoring of special identity cards for private servants of foreign diplomatic representatives (being the head of a diplomatic or consular post or the head of a recognized international organization with diplomatic status).
We also assist diplomatic and consular missions in monitoring, if necessary in close collaboration with the Protocol Service (foreign affairs) and the FPS Finance, all legal and tax matters concerning them.
We advise international organizations on all types of legal matters and, in particular, on any issue inherent in the application of a Headquarters Agreements (bilateral and multilateral) establishing the statutes of international organizations wishing to establish themselves in Belgium.
These Headquarters Agreements primarily determine the fiscal privileges and jurisdictional immunities of the organization and of its staff.
We moreover, manage the administrative aspects of the stay of international civil servants and members of their families on Belgian territory in consultation with the Protocol Service and international organizations.
We advise diplomatic missions and international organizations in legal disputes before Belgian courts and, if necessary, represent them vis-à-vis the Protocol Service.
We also manage cases handled at the level of the Commission des Bons Offices (CBO), a body created in 2013 to intervene in disputes relating to labor law and Belgian social security between foreign diplomatic missions, and members of their staff.
This commission helps to resolve individual or collective problems through information, conciliation, or mediation, and provides advice in order to find amicable arrangements.
Company and association law is the branch of private law that studies legal persons. It includes all the rules applicable to the creation, operation and possible liquidation of companies and associations. This branch of law is also interested in the relationships between the actors of legal entities (notably the shareholders, members, and directors) and those that the latter have with third parties.
We support Belgian and foreign legal persons wishing to develop their activities in our country at all stages of their development while protecting their interests in the event of litigation.
S-Team lawyers and their experts support and advise, among other aspects of corporate law, with:
- Constitution of Belgian companies or associations;
- Creation of branches of foreign companies;
- Operations on the capital and issues of securities such as the reduction and increase of capital and the sale of shares;
- Shareholders’ agreements;
- Mergers, demergers, joint-ventures and other corporate restructurings;
- Dissolutions and liquidations of companies;
- Corporate legal secretariat;
- Disputes in company law, such as disputes between shareholders (action for the forced repurchase of securities or action for withdrawal), or disputes relating to the responsibilities and duties of directors,
- Advice on various issues related to the Companies and Associations Code (CSA) and other specific company law regulations.
Where appropriate, our lawyers can also advise you in cases where your company is faced with insolvency law, as governed by book 20 of the Code of Economic Law. Thus, we regularly intervene in bankruptcy or judicial reorganization (PRJ) proceedings on behalf of creditors or debtors.