Many questions arise when confronted with the legal and administrative duties and obligations in this complex environment of non-profit. The local or international aspiration of associations, their possible legal structure, their role and the nature of the projects they initiate, their funding are just some of the key factors to be considered.
We believe that assisting non-profit and trade associations should be transversal. This is why our team includes experts in all relevant fields of law, ensuring we deliver advice tailored to the needs of our clients. Our team can benefit from all assistance in every relevant area of activity, particularly in terms of competition law, contract law, corporate law, intellectual property, labor law & tax law.
During the years, we have built significant experience in the representation of non-profit related interests in the European institutions. Its multidisciplinary team and varied experience makes Loyens & Loeff a trustworthy partner of choice to form associations and to optimize their operation.
We have extensive experience in advising non-profit clients. Some recently handled matters:
- Constitution of NPA’s, INPA’s and foundations – advise of most suitable type of entity – drafting of articles of association – constitution process – advice on general governance, employment, accounting and tax obligations.
- ‘Sanity check’ of the general compliance of (I)NPA’s with their legal obligations – assistance with the implementation of corrective measures and formalities.
- Drafting of various agreements: asset transfer, non-disclosure, provision of services etc.
- Analyse of eligibility criteria for EU funding from a company and employment law perspective.
- Drafting and filing a criminal complaint with a civil party claim.
- Analysis of non-profit entities’ VAT status and performing VAT regularisations related to transactions performed in the past.
- Analysis of VAT treatment of transactions performed by non-profit entities.
- Setting up of a data protection (GDPR) compliance action plan for European non-profit organisation.
- Drafting of copyright related contracts (with authors, speakers, etc.).
- Follow-up of trademark strategy and portfolio for a European non-profit organisation.
- Drafting of general terms and conditions for a web platform.
- Internal reorganisations and transfers between non-profit organisations: transfer of employment contract and associated benefits.
- Review of contractual framework governing the processing and transfer of personal data for a non-profit organization active in both Europe and the US.
- We are representing a renowned US based private foundation in a litigation before Belgian courts regarding defamation claims.
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Grégoire JakhianPartner Attorney at Law
Grégoire Jakhian heads the Corporate and M&A Practice Group, the Aviation team, the French Desk and the Non-profit team in Belgium. Grégoire has extensive experience in cross-border M&A transactions, take-over bids, corporate finance dispute resolution (including arbitration) and civil law.T: +32 2 743 43 54 E: [email protected]