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LOSS√ ADVOCATEN

Expertise

Lossy Advocaten specialises in corporate law, family property law, inheritance law, insolvency law, contract law, and liability law. We advise, support and represent business managers, shareholders and companies, with a particular focus on family businesses.

Cases

How do you counter asset-stripping? Does the manager of a parent company have the right to inspect all documents of the subsidiaries? Can a Belgian judge appoint a temporary administrator to a foreign corporation? Have a look at a few of the cases that illustrate our expertise.

Approach

Working with Lossy Advocaten means impersonal responses are replaced with a personal approach in confidence. With more than 30 years’ experience, excellent analytical skills and intuition, Stefan Lossy is able to predict how your case will progress and how best to react to the likely moves of the opponent.

Expertise

The expertise of Lossy Advocaten includes, among others, advice, support, active assistance and mediation in the following areas of the law: Corporate law | Contract law | Insolvency law | Liability law | Commercial and economic law | Family and family property law | Inheritance and estate law | Corporate criminal law.

Corporate law – Non-profit associations – Professional organisations

    • all disputes within family businesses;
    • dispute resolution between shareholders; exclusion of a shareholder; withdrawal from a company;
    • appointment of a temporary administrator;
    • liability of managers (minority claim – company claim);
    • corporate expert’s report;
    • liability of commissioners and company auditors;
    • disputes during the (judicial) dissolution and/or liquidation of companies;
    • founder’s liability;
    • criminal liability of legal persons, directors, business managers, shareholders;
    • assistance when exercising the individual investigation and control right of shareholders, directors;
    • advice on setting up a company: appropriate company form, articles of association, capital structure;
    • support for corporate housekeeping;
    • negotiation and drafting of shareholders' agreements;
    • assistance to family businesses including issues of succession, conflicts between different generations within family businesses;
    • client support during conflicts within the board of directors and/or general assemblies; exercising the right to query.
    • assistance with due diligence;
    • negotiation and client assistance during the transfer/sale of shares, transfer of assets and/or asset deals;
    • negotiation and drafting of consultancy and management agreements.

We make a distinction between legal procedures/support – advice/negotiations for purposes of clarity. In practice, the three components overlap. A legal procedure never excludes negotiations, and sometimes it is part of a negotiation strategy.

Family property law – inheritance law

  • settlement and division of assets after divorce;
  • share disputes in divorce cases and settlement – division of shares;
  • estate planning between spouses;
  • disputes due to jointly owned companies;
  • settlement – division of estate.

Insolvency law

  • assistance during investigation by the commercial investigation chamber;
  • seizing procedure;
  • securities, benefits and mortgages;
  • assistance with applying for creditor protection (WCO, Continuity of Enterprises Act);
  • bankruptcy;
  • defence against executor claims.

Contract law

Solid contracts are necessary to prevent disputes. We use our extensive experience with dispute resolution when assisting clients during negotiations, consultancy and the drafting of contracts.

  • shareholders' agreements;
  • consultancy and management agreements;
  • recruitment;
  • rent/lease – commercial letting;
  • franchising;
  • distribution and agency;
  • transfer of business, assets.

Lossy Advocaten also has extensive practical experience when it comes to market practices, (commercial) contracts and civil liability – both contractual and extra-contractual.

 

Cases

How do you counter asset-stripping?

Asset-stripping means a company’s profitable components are transferred to a third party and the unprofitable ones remain part of the ailing company. If you have a claim on such a “stripped” enterprise (a company or a group of companies), legal acumen is needed to make sure something can still be saved. A good example is the case that led to the judgement of the Antwerp Court of Appeal of 19 January 2011.

Read more...

Can a Belgian judge appoint a temporary administrator to a foreign corporation that has no link to Belgium?

A foreign corporation has an important claim on its own business manager. The majority of shares are the property of the business manager. This means that they cannot be removed (the business manager will not vote for their own dismissal during the General Assembly).

Read more...

Approach

Personal assistance

Stefan Lossy goes through an intensive process with each client. “I take my time to get to know the client and the opponent. At the same time, I try to explain to my client in great detail the intricacies of their case and to pass on the legal knowledge that is relevant for that specific case. Thanks to more than 30 years’ experience, I can predict how the case will progress and how the opponent will react.”

Each case is different for Stefan Lossy. “This isn’t an assembly line. A personal approach is essential. As a confidential adviser, I assist my client throughout the process and respect the emotional charge that comes with it.”    

Analysis and contact

Stefan Lossy thinks a lawyer’s work is similar to playing chess: “You need strategic insight, sharp analytical skills, self-control and patience. Good psychological flair as well as an understanding of the opponent’s capabilities and expectations are needed to be able to quickly and accurately anticipate and react to new developments.”

“Addressing the court means communicating with the court”, says Stefan Lossy. “It means establishing contact, just like a musician does with their audience. I also put a lot of emphasis on direct contact when I assist clients during board of directors meetings, general assemblies or negotiations. My role in that kind of situation is comparable to that of a jazz musician: adapting to the circumstances while applying my knowledge.    

Stefan Lossy

Stefan Lossy joined the Antwerp bar in 1984. He completed his traineeship in a medium-sized law firm in Antwerp, focussing primarily on collective and individual employment law, as applied to the transport sector a.o. Between 1998 and 2011, he worked as partner of Van Goethem Advocaten, mainly on commercial and corporate law.

Diplomas and training

  • Master of Law
  • Antwerp University, 1984
  • Postgraduate degree in Corporate Finance
  • K. U. Leuven, 2004
  • Stefan Lossy attended various mediation courses.
  • ‘Master Personal Financial Planning’ University of Antwerp (AMS): June 2017

Bar membership

Antwerp

Network

In order to make sure we are able to properly support our clients, we collaborate on certain cases with other specialists in the relevant sector, whether they are lawyers or not.

If necessary, we involve taxation specialists, accountants, company auditors and other experts.

Lossy Advocaten has an extensive network abroad (including Spain, France, Germany, the United Kingdom, the Netherlands), which means the client can receive proper assistance abroad as well.    

Publications

  • Lossy, S.: Misbruik van vennootschapsgoederen. In: Vandeplas, A., Arnou, P. en Van Overbeke, S. (eds), Strafrecht en strafvordering: commentaar met overzicht van rechtspraak en rechtsleer. Mechelen, Kluwer, 2014, 129-162.
  • Lossy, S.: Ontslag van beschermde werknemers bij faillissement, ote under Court of Cassation 22 February 1999. In: Sociaalrechtelijke Kronieken, 2001, 26-29.
  • Lossy, S.: Bewijswaarde van het geneeskundig onderzoek van de arbeidsgeneesheer, tot stand gekomen zonder naleving van de procedure voorgeschreven in het ARAB. In: Sociaalrechtelijke Kronieken, 1995, 209-213.
  • Lossy, S.: “De organisatie van de arbeid”, in DAUPHIN, M., DESMET, R. and DE VOS, M. (eds.), Personeel, Lonen, Sociale wetten, Diegem, Ced. Samsom, 1997, 727-822. (ISBN 90-5754-025-8)
  • Lossy, S.: “De organisatie van de arbeid”, in DAUPHIN, M., DESMET, R. and DE VOS, M. (eds.), Sociale wegwijzer, Diegem, Ced. Samsom, 1997, 727-822. (ISBN 90-5754-026-6)
  • Lossy, S.: “Bepaalde sociaalrechtelijke implicaties bij zwartwerk”, training SD Worx 25 September 1997 Ter Elst Edegem, 1997, 1-59.
  • Lossy, S.: De vervangingsovereenkomst. In: Oriëntatie, 1992, 237-245.
  • Lossy, S.: Toegelaten arbeidsduur en loon van de chauffeur, tewerkgesteld in een vervoersonderneming. In: Oriëntatie, 1991, 97-108.
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