Actions au porteur : mieux vaut s’organiser rapidement
Auteur | Thierry Afschrift |
Fonction | Licencié en droit, avec grande distinction de l’Université Libre de Bruxelles (1976), licencié en droit économique (1977) et en sciences fiscales |
Dès 2008, il ne sera plus possible de créer de nouvelles actions belges au porteur. Dès 2013, les actions au porteur existantes devront être converties en actions nominatives ou dématérialisées.
Ce dernier delai ne doit pas faire perdre devue la nécessité de refléchir dès à présent à des systèmes permettant de maintenir l’anonymat.
Pour ceux qui souhaitent conserver l’anonymat de ce type de parts, un nombre relativement important de solutions existe, mais elles seront toujours plus coûteuses que la simple possession d’actions au porteur belges. Allant de la constitution d’une société luxembourgeoise à celle d’une société de Hong Kong, en passant par des trusts, ou un contrat de fiducie, des formules nombreuses s’offrent à ceux pour qui l’anonymat justifie de supporter certains frais, que ce soit pour détenir un portefeuille de titres, ou une participation dans une société familiale. La mise au point des solutions peut toutefois prendre...
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