In the event of important new developments, material errors or inaccuracies that could affect the assessment of the Bonds, and which occur or are identified between the time of the approval of the Prospectus and the closing of the Bond Offering, or the time at which trading on the regulated market of Euronext Brussels commences, the Issuer will issue a supplement to the Prospectus containing this information. This supplement will be prepared in compliance with applicable law and will be made public in accordance with article 34 of the BelgianLaw of 16 June 2006 (Wet van 16 juni 2006 op de openbare aanbieding van beleggingsinstrumenten en de toelating van beleggingsinstrumenten tot de verhandeling op een gereglementeerde markt / Loi du 16 juin 2006 relative aux offres publiques d’instruments de placement et aux admissions d’instruments de placement à la négociation sur des marchés réglementés, the “Prospectus Law”). The Issuer will ensure that any such supplement is published as soon as possible after the occurrence of such new significant factor. Investors who have already agreed to purchase or subscribe for Bonds before the publication of the supplement to the Prospectus, would then have the right to withdraw their agreement during a period of two business days commencing on the day after the publication of the supplement, provided that such new development, material error or inaccuracies arose before the final closing of the Bond Offering and the settlement of the Bonds.
The Belgian legislator prohibits certain ways of marketing to the consumer. The first prohibition concerns the marketing and conclusion of a credit agreement at the consumer's home or place of work. This is also addressed by the South African legislator in the National Credit Act. The crux is that such marketing or the conclusion of such a credit agreement is in order only when it is initiated by the consumer. The NCA's provisions in regard to doorstep selling are accordingly very similar to those in terms of the Belgianlaw. However, in terms of the Belgianlaw, the direct sending of a credit offer to conclude an agreement to the consumer also constitutes doorstep selling. This form of doorstep selling is prohibited in the absence of a pertinent prior request by the consumer. We submit that the provisions of the National Credit Act should be amended to provide for a similar extended meaning of the concept "doorstep selling", as it will afford additional protection to
the Company. If as a result of such transaction the rights or ben- efits of the holders of the warrants might be limited or reduced, the Exercise Price or the other terms and conditions of the issue of the warrants will not be amended or modified and the holders of the warrants will not be entitled to any compensa- tion. In the event that the Company carries out a split, a subdivi- sion or a reversed split of its shares, or in the event that it car- ries out a merger or consolidation with another company and the Company not being the surviving company or in the event that the Company is subject to a demerger into two or more companies, the Company shall undertake any appropriate meas- ures, in accordance with Belgianlaw, to protect the interests of the holders of the warrants.
Without prejudice to the provisions of articles 50.3, 55 and 56 of the law concerning VZW, IVZW & Stichtingen, each proposal aimed at modifying the statutes of the EFWMF or dissolving the EFWMF, must originate from the Board, or from at least a two-thirds majority of the members of the EFWMF.
equivalent to the sum owed to Carides. The agreement provided that Twycross would pay the purchase price directly to Carides and not to Air Capricon. Air Capricon and Twycross entered into a further agreement in terms of which Twycross ‘resold’ the machines to Air Capricon for exactly the same purchase price. Their contract required the purchase price to be paid in instalments and provided that Twycross remained the owner of the machines until the final instalment had been paid. In all these transactions, no physical transfer of the machines took place and Air Capricon retained physical control of the machines at all times. Approximately four months later, Air Capricon sold and delivered the dry-cleaning machines to Vasco Dry Cleaners. Air Capricon warranted that it owned the dry-cleaning machines although it had paid no instalments to Twycross as required by their ‘resale’ agreement. This means that Air Capricon had not acquired ownership in the machines. Twycross then claimed ownership arguing that when he bought the machines from Air Capricon and paid the purchase price to Carides, ownership in the machines was transferred from Carides to Air Capricon by means of traditio brevi manu, and then from Air Capricon to him by means of constitutum possessorium. This argument was, however, rejected by the Appellate Division. In its judgment the court looked at the actual intentions of the parties (Twycross and Air Capricon) and came to a finding that the parties had not intended to enter into a sale and resale, but rather to create a pledge. Consequently, the court held that the agreement between the parties amounted to a simulated transaction. Since actual physical control of the machines was never exercised by Twycross, a pledge had not been created and no real security right had vested in the pledgee as required by the common law.
The RealDolmen Management Team consists of the Managing Director – CEO (during the first half year) and five of his direct staff (“executives”) and of the General Manager and seven of his direct staff (“executives”) during the second half year. The daily management of the Company is entrusted to the General Manager (until October 2012 to the Managing Director – CEO) and he therefore represents the Company “without prejudice to the general representation competence of the Board of Directors” as provided by the statutes. He is responsible for preparing proposals for the Board of Directors relating to strategy, planning, finances, projects, personnel policy and budget and any other matter that needs to be dealt with at the level of the Board of Directors. He is also responsible for the implementation of the approved proposals. The General Manager is the head of and monitors the various departments of the Company and reports to the Board of Directors about their activities. He is assisted in the execution of his function by the Executive Management, which directly reports to him. The Board of Directors decides on appointments of members of the Executive Management on advice of the Nominations and Remuneration Committee. The Executive Management is not an “Executive Committee” in the sense of article 524bis of the Belgian Company Code.
During the fiscal year 2013-2014 the members of the Executive Management were employed on the basis of an employment contract, except for the Managing Director Professional Services (Adagiotours BVBA) and the Managing Directors Business Solutions (P.I.W. BVBA until 1 October 2013 and Quéribus BVBA as of 1 October 2013) who signed a services contract. The employment contracts are usually for an unlimited duration, with a trial period. Employment can be terminated at all times by the Company with observation of a notice period contractually defined at 12 months in the case of CFO Paul De Schrijver and Secretary General Thierry de Vries. For General Manager Marc De Keersmaecker, Managing Director Professional Services Applications Johnny Smets and Sales Director North Chantal Roosens the general legal notice period is applicable in combination with Art. 554 Company Code and the Law of 31 December 2013 regarding dismissal. The services contracts with respectively Adagiotours BVBA and Quéribus BVBA provide for a 3, respectively 6 months notice period. The employment and services contracts contain strict non-competition provisions for 12 months, as well as confidentiality provisions and IP transfer provisions.
In this article, we try to find an answer to that question by examining some of the most recent developments in client protection on Belgian financial markets: 3 (1) the provisions relating to pre-contractual and marketing information obligations, 4 and related liability, supervision and sanction regimes, (2) evolutions in product governance arrangements which are meant to reduce potential risks of failure to comply with investor protection rules and (3) ‘product intervention powers’ of the FSMA. These have been introduced in Belgianlaw through the following regulations: the ‘Twin Peaks II package’, which essentially provides for the strengthening of the supervisory and sanctioning powers of the FSMA as well as the MiFIDisation of the insurance sector; Book VI of the new Code of economic law, which deals with ‘consumers’ protection and market practices’; the transversal marketing Royal decree that seeks to implement a (standardized) key information document addressed to ‘retail clients’ for all ‘financial products’ and sets out specific requirements for marketing material related to those products; the FSMA label regulation, which imposes a risk label on specific financial products; and the FSMA prohibition on the distribution of several non-mainstream financial products to retail clients.
We first compared the genetic structure of the Belgian population with other populations worldwide. To restrict this analysis to the most informative and independent SNPs, only SNPs located on autosomes with a minor allele frequency of at least 5%, less than 2% missing values, and a linkage disequilibrium lower than 0.2 were used for struc- tural comparison. These filtering criteria resulted in a selec- tion of 47,802 SNPs. These SNPs were used for a principal component (PC) analysis using continental population data (i.e., African, American, South Asian, East Asian, and European populations) from the 1000 Genomes Project [1, 2, 14]. The main variance was captured by the first four PCs (10.4%, Additional file 3: Figure S1a). Using the first two PCs, which capture 5.2 and 3.2% of the total variance respectively, an expected and clear separ- ation was observed between the different continen- tal populations, with the largest differences between African, East Asian, and European populations (Fig. 3). By applying this PC model on the Belgian SNP genotype data, 184/189 samples were perfectly mapped on the European population. The remaining five samples were mapped towards or on the African population, and for four of these samples, an African origin was indeed confirmed in the NHIS data (Fig. 3 and Additional file 3: Figure S1b). These
The project aims to assess the factors that determine and influence the marine biodiversity of the Belgian Continental Shelf. Existing and new biodiversity information (at the community, population and genetic level) is considered from all benthic compartments, including demersal fish, their parasites and birds. The question whether the structuring of ecosystem and species diversity and its functioning is reflected in the genetic structuring of marine taxa on the Belgian Continental Shelf is addressed for the first time.
5° Articles 46 and 117, in order to provide that the parliamentary elections at federal level will take place the same day as the election of the European Parliament and that, in case of early dissolution, the new federal parliamentary term may not extend beyond the day when the election of the European Parliament following this dissolution is held, as well as in order to permit a law passed by a majority as described in Article 4, last paragraph to entitle the Regions and Communities to determine, by special decree or special ordinance, the duration of the term for which their Parliaments are elected and the date for the election of these Parliaments, and to provide that a law, passed by a majority as described in Article 4, last paragraph, fixes the date when the new rules laid down in this division with regard to elections will enter into force;
physiologically limited. It is commonly accepted that five caesareans is a maximum that a cow can physically sustain (Kolkman et al 2007). When you consider that beef suckler cows such as the South Devon – who also carry the double muscling gene mutation but are not selected for it – can live over 20 years and produce up to 15 calves in that time, it is clear that systematically performing caesarean sections on a Belgian Blue cow is a severe curtailment of the animal’s life.
and fostering national and international AML/CFT policies. The FATF secretariat is housed at the OECD headquarters. The 35 members of the FATF are: Argentina, Australia, Austria, Belgium, Brazil, Canada, Denmark, the European Commission, Finland, France, Germany, Greece, the Gulf Co-operation Council, Hong Kong (China), Iceland, Ireland, Italy, Japan, Luxembourg, Mexico, the Netherlands, New Zealand, Norway, the People‟s Republic of China, Portugal, the Republic of Korea, the Russian Federation, Singapore, South Africa, Spain, Sweden, Switzerland, Turkey, the United Kingdom and the United States. The FATF reports (in English and in French) can be found on the Internet (www.fatf-gafi.org). The Belgian delegation for this body is led by CTIF-CFI‟s President.
In these difficult times, with a lot of insecurity regarding the overall economical situation especially in the technology sector, Ghent 2004 will be an opportunity for the Belgian ICT sector to demonstrate the role that telecommunications can play in the future.