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Book: Actualités en droit commercial et bancaire

  • 22 January 2018
  • Conferences & Publications
Mes Cédric Alter, Muriel Baudoncq and Lydie Van Muylem contributed to the Liber Amicorum dedicated to Martine Delierneux – « Actualités en droit commercial et bancaire »
Book: Actualités en droit commercial et bancaire
Mes Cédric Alter and Lydie Van Muylem co-authored a paper titled « Le juste prix du squeeze-out » in which they analyze the conditions attached to squeeze-out bids, particularly the provisions pursuing the protection of the minority shareholders to ensure they receive in exchange of their shares a price safeguarding their interests, which is commonly referred to as “fair price”. This is the context of the paper which studies one of these safeguards, being the possibility for the minority shareholders to apply to the courts where they feel aggrieved by the acquisition price paid for their shares. Squeeze-out litigation is scrutinized, such as the Electrabel and the Ubizen cases. 

Me Muriel Baudoncq has written a paper on the consequences of Brexit for UK financial institutions operating in Belgium on a crossborder basis or through a branch (« Brexit : is winter coming for UK banks ? Overview of certain challenges faced by UK banks in case of « hard » Brexit in light of the regulatory framework applicable to third country banks »). After a brief reminder of the facts related to Brexit and the expected next steps, she analyzes the concept of European passport in financial law, the third country regimes and the concepts of equivalence and reverse solicitation. She also reviews a few key pieces of EU legislation affecting banks and financing arrangements. Finally she investigates the impact of the loss of passporting rights for UK banks by illustrating her analysis in light of the Belgian licensing regime applicable to the activities of deposit taking and lending and the provision of MiFID services.

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