TRIALYS is in Belgium, a limited liability company pursuing a corporate purpose of civil nature (SC SPRL) having its registered office at 1050 Brussels, rue Vilain XIIII 8, registered with the Brussels RPM under number 0634.578.255 with a share capital of 18.600 EUR and in Luxembourg, a partnership (“association de frais”) between Gerald Stevens, Alexandra Pardou, Laurent Mosar and Jerry Mosar.
All attorneys of TRIALYS have been authorized to exercise their profession under the title of « avocat » or « advocaat » in Belgium or
« avocat à la cour » in Luxembourg. They are either members of the Brussels Bar (Ordre français du barreau de Bruxelles) and/or of the Luxembourg Bar.
Brussels Office :
Rue Vilain XIIII 8
RPM Brussels 0634.578.255
VAT (BE) 0634.578.255
Phone: + 32 2 896 51 70
Fax: + 32 2 896 51 79
Luxembourg Office :
3b, boulevard du Prince Henri,
Post address: B.P. 379, L-2013 Luxembourg
Phone: +352 22 74 30 1
Fax: +352 26 46 76
Rules of conduct
For the professional rules of conduct of our lawyers, please visit the following websites
Belgium : www.avocats.be,
Terms and conditions
The terms and conditions set forth hereunder apply to all services rendered by the lawyers whether partners or associates, employees and/or appointees of TRIALYS within the scope of its normal activities.
TRIALYS is the exclusive contracting party for all services performed by its lawyers, employees and/or appointees.
All legal tasks will be performed TRIALYS for the benefit of its clients. Third parties shall not derive any rights from the work performed or from the ensuing results. Notwithstanding the foregoing TRIALYS may subcontract when needed legal or non-legal tasks to external providers.
The total liability of the lawyers of TRIALYS with respect to the services they provide is limited to the coverage of their professional liability insurance which is no less than EUR 1,250,000 and reaches EUR 16,250,000 for some of them.
Should no insurance payment be made, for whatever reason, any liability on the part of TRIALYS or their lawyers shall be limited, vis-à-vis clients, to the amount of the fee charged by TRIALYS in relation to the tasks concerned with a maximum of EUR 125,000, and vis-à-vis third parties, to a maximum of EUR 25,000.
Belgium and Luxembourg have adopted laws and regulations relating to the fight against money laundering and terrorism financing which require Belgian and Luxembourg lawyers, when entering into a business relationship, to:
obtain sufficient information on and identification of their clients;
understand the structure of the contemplated transaction(s);
verify the origin of the funds to be used in the contemplated transaction(s);
verify the destination of the investments and funding made in the contemplated transaction(s) and where relevant; and
verify the identification of the clients’ attorneys, together with an evidence of their powers of representation. Such information must be documented under the form of written documentation, which may also be subject, when need arises, to public legalization and certification.
By hiring TRIALYS’ lawyers clients are deemed having expressly undertaken to fully cooperate and in a timely manner in order to fulfill TRIALYS’ KYC/AML duties. In particular, but not only, clients will be bound to disclose to TRIALYS the identity of the ultimate beneficial owner(s) of the transaction, case or matter on which TRIALYS’ assistance is sought and of any changes in ultimate beneficial ownership which could occur in the course of the relationship with TRIALYS. Clients may be requested and are deemed having accepted to sign any certificate or document which may be required for that purpose. In case TRIALYS considers that it cannot fulfil its KYC/AML duties in a satisfactory manner, it reserves the right to suspend and/or terminate he assignment from the client at any time and without prior notice.
KYC/AML duties of TRIALYS entail the obligation, in certain circumstances and under certain conditions to report any suspicious activities in case of acknowledgement or suspicion that funds or other assets are the subject of money laundering. In the event that TRIALYS has any such suspicion, the legal obligation incumbent of TRIALYS to report to the authorities will prevail. This legal duty overrides any duty of secrecy that TRIALYS owes its clients. TRIALYS accepts no liability whatsoever for any loss which may arise, directly or indirectly, as a result of any such disclosure to the authorities.
Clients may not remit funds to TRIALYS until they have provided TRIALYS with all money laundering identity evidence which has been requested from them, nor request any third party to perform payments on TRIALYS’ bank accounts without TRIALYS’ prior written approval.
2. Retainers – Any opened file may give rise to a retainer, deemed to cover between one and three months of interventions and disbursements. In such a case, the amount of the retainer is payable as of the opening of the file and prior to the performance of any work; in the event of several files, handled for the same client, the retainer can either be linked to one or more specific files, or be fixed globally taking into account the volume of the files; the retainer can be reviewed at any in the course of the performance of the attributed mandate depending on the level of work already performed and/or of the expected work for the future.
3. Fees - Unless otherwise agreed in writing with the client, fees shallbe calculated by multiplying the number of hours worked by the standard hourly rate of TRIALYS’ team members increased with a 6% charge to cover office costs.
4. Invoicing – Fees and disbursements shall in principle be invoiced on a monthly basis. Invoices containing the detail of the work performed and disbursements incurred are payable immediately upon receipt and shall be automatically increased in case of non payment after 30 days with late interests calculated at a rate of 10% per annum.
5. VAT – Invoices raised by TRIALYS are subject to VAT calculated at a rate of 21% for Belgium and 17% for Luxembourg. Clients are requested to mention any VAT exemptions they would benefit at the same time than communicating its details to TRIALYS (see KYC section above).
6. Claim – TRIALYS must be notified in writing of any claim regarding an invoice or the work to which it relates within 15 days of the date specified on the invoice concerned. If no claim is made within that period the client shall be deemed to have accepted that the invoice is correct and that payment is due.
Unless otherwise agreed in writing, the obligations of TRIALYS are obligations of means (‘obligation de moyen’). TRIALYS shall suffer no liability in case of force majeure or of a foreign or third party cause. TRIALYS shall exercise due diligence when engaging the services of external service providers (including without being limitative foreign lawyers, notaries, auditors, accountants, bailiffs, experts, consultants, postal or courier services or banks or financial institutions). TRIALYS shall incur no liability for any errors or failures on the part of providers.
The client shall safeguard TRIALYS from and indemnify TRIALYS vis-à-vis any claims by third parties in relation to tasks performed for the benefit of the client, and it shall compensate TRIALYS for any reasonable costs incurred in defending itself against such claims.
Claims associated with the tasks performed by TRIALYS can only be directed against TRIALYS itself. However to the extent that the law would allow that partners, associates and personnel of TRIALYS can also be held responsible, these general conditions will also apply in favour of these partners, associates and personnel.
Consistent with the professional rules applicable to its lawyers and subject to particular KYC/AML regulations to which lawyers have to abide, TRIALYS is bound by a duty of secrecy extending to the identity of its clients. Notwithstanding such duty of secrecy TRIALYS may be authorized with the client’s prior consent to disclose the identity of its client in relation to a particular transaction and provide general information only as to the characteristics of the transaction in order to promote its activity and expertise.
TRIALYS owns and retains full ownership of all intellectual and other proprietary rights in relation to any legal advice, opinion or other work performed by its lawyers under any form whatsoever. Further, all correspondence and other documents (including those in electronic form) produced or generated by TRIALYS in relation to an engagement other than the versions of such documentation
provided to the client in the course of the engagement, shall remain TRIALYS’ sole property. Furthermore TRIALYS shall be entitled to retain one copy of any documents including those in electronic form provided to it in connection with an engagement for regulatory or internal record- keeping purposes.
Unless otherwise agreed in a letter of engagement or otherwise in writing, TRIALYS will only perform tasks under the application of these general terms and conditions. The applicability of any derogating general or particular terms and conditions is hereby expressly excluded unless agreed expressly in writing with the client.
The legal relationship between TRIALYS and its clients shall be governed by Belgian law for files handled from the Brussels office in relation to Belgian law and Luxembourg law for files handled from the Luxembourg office in relation to Luxembourg law. Brussels courts shall have exclusive jurisdiction to settle disputes in relation to cases handled from the Brussels office and Luxembourg courts in relation to cases handled from the Luxembourg office. In case of doubt about the identity of the office having handled the case, invoices sent to the client, whether from the Brussels office or the Luxembourg office shall be the determining criteria.