The notion of company
DOC 54 2828/001: Draft Law Reforming Company Law (7 December 2017), Belgian House of Representatives
This project aims to improve the coherence of the notion of company and to avoid the problems related to the present notion. This new definition will use formal criteria instead of the material one. Modernization of company law and a coherent description of the scope of economic legislation are also targeted. “This new general definition will be the cornerstone for the jurisdiction of the corporate court (formerly known as the Commercial Court), the business evidence (the merchant’s current evidence), the insolvency law (CDE book XX). And provisions relating to the ECB and accounting requirements. “
The project contains the following changes:
“1. The general jurisdiction of the Commercial Court will be added to the new general concept business. Thus, it will be called the company court. In this context, special jurisdictions will be refreshed.
- In addition, the project continues the dismantling of the Commercial Code and the elimination of the distinction between civil and commercial matters.
- Considering the abolition of the business concept and the insertion of a new company concept, the law of evidence must be modernized.
- Finally, there is a solution for the legal action of groups without legal personality. “
