financial barriers, making it easier to set up a (limited liability) company. On the other hand, it means that the financial planning at the time of incorporation becomes more important. Thanks to the flexibility of the new law, the private limited company (BV/SRL) has become more than ever the reference company (even for large companies). In particular, this company can now issue all the securities that can be issued within a a public limited company (NV/ SA) (with the exception of dividend-right certificates) and can also be listed on the stock exchange. Another important change was the increased flexibility in governance structures and decision-making processes. For example, a public limited company (NV/SA) can now include a single shareholder (e.g. a holding company). It is also now possible to have a single director in a public limited company (NV/ SA). In addition, digital communication, digital meetings and electronic decisionmaking (which had its breakthrough in the days of Corona) are increasingly encouraged and accepted. 20 LAWYER MONTHLY DECEMBER 2023 In general, a distinction can be made between companies with full legal personality and companies without (full) legal personality.
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