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Insolvency & Restructuring

Whether you are a business executive or a buyer, you may be required to carry out a profound reorganization of your company or one of its entities to improve performance or to ensure its solvency. To ensure a successful outcome, it is key to take into account all the legal aspects from the outset, both related to the transaction and to the economic sector involved.

Working with our lawyers, you will benefit from experience gained over many years in various economic contexts and in all industry sectors. We can assist you particularly with regard to safety precautions in the event of liquidation, recovery, transfer, etc., obtaining ailing company status, with the conclusion of shareholder agreements or in the management of litigation related to these specific situations. When the situation requires a very specific expertise, such as employment or tax law, we will work in tandem with other CMS teams.

"At CMS, the 'extremely thorough' insolvency and restructuring department leverages its multi-disciplinary expertise – particularly in employment and insurance law – to assist clients with safety precautions following obtaining ailing company status, and with the management of any related litigation. Practice head Jean-François Goffin specialises in directors' and officers' liability issues, while Virginie Frémat has experience in distressed M&A and restructuring transactions."

Legal 500, 2021

"I would recommend the team strongly for the following reasons: they are real experts, who know what they are talking about and have very broad experience in handling these types of cases. Showing up at a court with CMS as your lawyers already gives the client an advantage: the courts know their seriousness and appreciate it. They are extremely thorough when working on a file and don’t overlook anything."

Feedback from a client about the department - Legal 500, 2021

"Very professional experts and very responsive; they always try to revert to you within 24 hours. Very open and accept a challenge."

Feedback from a client about the department - Legal 500, 2021

"They are very responsive to queries and have broad in-house coverage of various legal areas, as well as flexibility in working out practical solutions."

Feedback from a client about the department - Legal 500, 2021

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07/03/2022
EU and UK Sanc­tions against Rus­sia: a fo­cus on the Fin­an­cial Sec­tor
In re­cent days the EU and the UK have ad­op­ted and ex­pan­ded a num­ber of  sanc­tions meas­ures against Rus­si­an and Be­larus­i­an in­di­vidu­als and com­pan­ies. This art­icle fo­cuses on re­strict­ive meas­ures dir­ec­ted...
01/07/2021
CMS Bel­gi­um strengthens its cor­por­ate de­part­ment with two part­ner pro­mo­tions
Law firm CMS is an­noun­cing two part­ner pro­mo­tions with­in its cor­por­ate law de­part­ment in Brus­sels.Grégory de Sauvage joined CMS Brus­sels of­fice in 2006. He is spe­cial­ized in in­solv­ency and white col­lar...
12/07/2021
We­bin­ar: Real Es­tate & In­solv­ency
Al­though the eco­nomy seems to re­cov­er quickly, the real es­tate plan­et is and will con­tin­ue to be fa­cing chal­len­ging times. The end of the pro­tec­tion and sup­port meas­ures put in place by our gov­ern­ments...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
02/02/2021
EC Con­sulta­tion on sus­tain­able cor­por­ate gov­ernance: dead­line ap­proach­ing
Key ac­tion point On 26 Oc­to­ber 2020, the European Com­mis­sion launched its pub­lic con­sulta­tion on sus­tain­able cor­por­ate gov­ernance (Con­sulta­tion). The Con­sulta­tion closes on 8 Feb­ru­ary 2021 and we would...
05/10/2020
Re­struc­tur­ing out­side of in­solv­ency pro­ceed­ings soon pos­sible for il­li­quid...
Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mits draft bill on pre­vent­ive re­struc­tur­ing On 18 Septem­ber 2020, the Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mit­ted a 247-page draft...
02/07/2019
Crowd­fund­ing: The Coun­cil for the EU pub­lishes the next step to­wards an...
On 26 June 2019, the Coun­cil for the European Uni­on pub­lished a com­prom­ise pro­pos­al in re­la­tion to the European Com­mis­sion’s draft frame­work to reg­u­late crowd­fund­ing plat­forms in the EU (the "Crowd­fund­ing...
02/04/2019
Crowd­fund­ing: European Par­lia­ment steps up in­vestor pro­tec­tion in its amend­ments...
On 27 March 2019 the European Par­lia­ment ad­op­ted its po­s­i­tion on the Com­mis­sion's pro­pos­als for com­mon rules for crowd­fund­ing plat­forms across Europe. The Com­mis­sion pub­lished the ori­gin­al draft reg­u­la­tion...
28/01/2019
Vir­ginie Frémat pro­moted to part­ner
CMS is pleased to an­nounce that Vir­ginie Frémat was ap­poin­ted as part­ner on 24 Janu­ary 2019.Vir­ginie, who joined CMS in 2006, has a law de­gree from the Kath­olieke Uni­versiteit Leuven (2005) and holds...
31/03/2017
March 2017 News­let­ter
Ed­it­or­i­al Dear Read­er,As you may have heard, on 1 May CMS will be mer­ging with the firm Olswang in Bel­gi­um. With the mer­ger we will have the pleas­ure of wel­com­ing six new law­yers at our firm, bring­ing...
01/12/2015
Novem­ber 2015 News­let­ter
The goal of our news­let­ter is to keep you abreast of re­cent leg­al and tax de­vel­op­ments in the vari­ous areas where our firm has re­cog­nised ex­pert­ise.  Ed­it­or­i­al Dear Read­er,We want to help you save time...
01/04/2015
March 2015 News­let­ter
The goal of our news­let­ter is to keep you abreast of re­cent leg­al and tax de­vel­op­ments in the vari­ous areas where our firm has re­cog­nised ex­pert­ise.  Ed­it­or­i­al Dear read­er­Care­fully op­tim­ist­ic - Last...