General Terms and Conditions

Belfort Law BV/SRL and Belfort Advisory BV

1. Legal Form and Professional Status

Belfort Law BV and Belfort Advisory BV are limited liability companies incorporated under Belgian law, with registered offices in Belgium (details available upon request).

All lawyers of Belfort Law are registered with the competent Belgian Bar(s). Belfort Advisory is a separate, non-law firm entity.

2. Scope and Acceptance

These General Conditions govern all work performed by or on behalf of Belfort Law and/or Belfort Advisory and all legal relationships arising from or connected to that work.

Engaging Belfort Law or Belfort Advisory implies acceptance of these General Conditions for the specific matter and for future matters, subject to updates communicated in due course.

If the client receives these General Conditions after instructions have started, continued instructions without withdrawal constitute acceptance.

3. AML/CTF, KYC, and Ethical Screening

Belfort Law complies with legal and deontological rules on anti-money laundering and counter-terrorist financing.

Where required, Belfort Law must:

  • Verify the client's identity, agents, and beneficial owners
  • Assess the purpose and nature of the engagement

Comparable obligations may apply to Belfort Advisory where mandated by law.

Clients must:

  • Promptly provide requested information
  • Update such information upon changes

Unless a longer or shorter period is mandated, related data may be retained for up to ten years after the end of the relationship or last mandate.

If the requisite information is not provided:

  • The firm may refuse, suspend, or terminate services
  • Fees for work already performed remain due

If facts indicate money laundering or terrorist financing:

  • Belfort Law must inform the President of the Bar (subject to legal exceptions)
  • The President may escalate to the competent financial intelligence unit
  • The firm may have to cease work without being able to state the reason

Belfort Law and Belfort Advisory may also conduct internal ethical screenings and may refuse, suspend, or terminate services at their discretion. No compensation is due for such refusal, suspension, or termination.

Where legally required, information may be shared with authorities.

4. DAC6 (EU Council Directive 2018/822)

If a mandate qualifies as a Reportable Cross-border Arrangement and Belfort Law qualifies as an “intermediary”:

  • Belfort Law will comply with DAC6 and applicable Bar rules
  • Legal professional secrecy may prohibit Belfort Law from reporting
  • The reporting obligation may shift to the client, who will be notified in writing

Note: Belfort Advisory does not provide tax advice and acts only within the limits of applicable law.

5. Third-Party Providers

The firm may:

  • Select and instruct third parties on the client's behalf where appropriate
  • Accept, on the client's behalf, contractual limitations of liability imposed by such third parties

6. Confidentiality and Privilege; Use of Work Product

  • Advice and opinions from Belfort Law are protected by professional secrecy and, where applicable, legal privilege
  • Deliverables are for internal use only and may not be copied, referenced, or disclosed without prior written consent (unless required by law or a competent regulator)

The client must notify Belfort Law if disclosure is required by law, where lawful to do so.

  • Belfort Advisory is bound by contractual and statutory confidentiality, but does not benefit from legal privilege unless work is routed through Belfort Law

The firm may discreetly acknowledge involvement in a matter. Once public, this acknowledgment may become non-confidential.

7. Conflicts

Subject to strict compliance with professional secrecy and conflicts rules, Belfort Law and Belfort Advisory may:

  • Accept instructions from other clients, including competitors
  • Act in matters where interests diverge, provided that:
    • The existing client does not regularly consult the firm on those matters
    • Applicable rules permit such action

8. Liability and Insurance

Except in case of wilful misconduct, total liability for any work performed by or on behalf of Belfort Law and/or Belfort Advisory is limited to the amount effectively covered and paid out under the applicable professional indemnity insurance.

Clients may request supplementary insurance in writing. Any additional premium is chargeable to the client.

9. No Personal Liability

Except in case of wilful misconduct, no directors, shareholders, affiliates, or current/former personnel (including partners, of counsel, counsel, associates, trainees, employees, and contractors) shall be held personally liable in relation to the services.

10. No Third-Party Rights

The engagement does not create rights for third parties.

No third party may rely on or enforce the engagement.

11. Fees, Expenses, and Indexation

Unless otherwise agreed:

  • Fees are time-based, calculated in six-minute units
  • Rates reflect the seniority of those performing the work
  • Rates applicable at file opening apply for that calendar year
  • Rates may be adjusted annually (from 1 January) and indexed based on the Belgian consumer price index

12. Invoicing and Payment Terms

  • Interim or provisional statements may be issued
  • Invoices are payable within 30 days of the invoice date

Late payment consequences:

  • Legal interest (automatically from the due date)
  • Fixed indemnity of 10% of the invoiced amount
    • Minimum: €500
    • Maximum: €12,500
  • Without prejudice to recovery of higher proven damages and costs

13. VAT

  • Services are subject to Belgian VAT at the applicable rate when deemed supplied in Belgium
  • If supplied abroad, amounts are exclusive of VAT
  • Foreign VAT rules may apply

14. Third-Party Payers

If a third party (e.g., insurer) may contribute to fees or expenses:

  • The client must inform the third party and communicate all conditions
  • Invoices remain issued to and payable by the client
  • The firm may request written confirmation from the third party
  • The firm may share fee statements for settlement purposes

15. Litigation Cost Shifting

In litigation, courts may order the non-prevailing party to pay a lump-sum contribution to the prevailing party's legal fees.

This statutory contribution does not equal the actual fees charged by the firm.

16. Archiving

Upon file closure:

  • Original evidence or documents are returned to the client
  • Files are archived for five years, then destroyed, unless another period applies by law or agreement

17. Privacy

The firm's privacy policy, compliant with applicable legislation, forms an integral part of these General Conditions.

Available upon request or on the website.

18. Non-Solicitation

During the service period and for one year thereafter, the client will not actively solicit any person working with or for Belfort Law or Belfort Advisory (or their affiliates) for employment or engagement without prior written consent.

19. Final Provisions; Governing Law and Jurisdiction

  • These General Conditions prevail over any other terms
  • Each clause is severable; invalid or unenforceable clauses are replaced by valid clauses that best reflect the original intent
  • Belgian law governs all disputes concerning:
    1. Services performed by or on behalf of Belfort Law and/or Belfort Advisory
    2. The client's relationship with Belfort Law, Belfort Advisory, or any third parties involved
  • The courts of Brussels have exclusive jurisdiction, without prejudice to professional bodies' competence over Belfort Law

These General Conditions also inure to the benefit of:

  • Directors
  • Shareholders
  • Affiliates
  • All persons working for or having worked for Belfort Law or Belfort Advisory