28.Oct.2024
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Hyperion continues to be managed by court-appointed administrator
“Ben Hermans BV” (hereinafter: BHBV) was a private company with limited
liability owned by Ben Hermans, which has held
97% of the shares in Hyperion
since 2019 and subsequently also acted as a ‘director’ of Hyperion. In March,
bankruptcy proceedings were
opened against BHBV for the second time and
shortly afterwards, at the request of BHBV's liquidator, a “provisional
administrator” was appointed for Hyperion to manage the company's business
until further notice.
According to a decision by the Commercial Court of Brussels
(automated translation), the provisional
administrator's mandate, which was due to expire at the end of September,
will be extended indefinitely: he will remain in office until any
uncertainties surrounding Hyperion's ownership have been resolved and a new
official director has been appointed. Hyperion will have to bear the costs of
the administrator for this period, as BHBV does not have any funds that could
be used for this purpose.
The BHBV liquidators had requested this extension because, on the one hand,
the shares in Hyperion are the only property of BHBV worth mentioning and, on
the other hand, the intangible assets of Hyperion Entertainment BV continue
to generate income and the interests of the company, its (other) shareholders
and creditors must be protected.
For his part, the administrator has already received assurances from the
other Hyperion shareholders that they do not want to collect outstanding
payments for the time being in order to prevent the company from going
bankrupt and are themselves interested in taking over BHBV's Hyperion shares.
BHBV, on the other hand, is finally bankrupt: Ben Hermans had lodged two
objections to this, but did not appear at the first hearing and withdrew his
objection at the second hearing. The decision is therefore legally binding.
But Ben Hermans is contesting the sale of the Hyperion shares which, according to
the bankruptcy trustees (and the latest available BHBV annual report from 2021),
were owned by BHBV. According to his account, the 2165 shares have since been returned to
his private ownership. The bankruptcy trustees had then initiated proceedings
to legally clarify the ownership of said Hyperion shares.
Editor's note: We have contacted both the liquidator Charlotte Piers
and Ben Hermans to clarify some points that are unclear to us and to give the
parties involved the opportunity to comment. We will provide any feedback as
soon as we receive it. (cg) (Translation: cg)
[News message: 28. Oct. 2024, 21:03] [Comments: 1 - 29. Oct. 2024, 15:21]
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