Articles
Our articles on this page discuss relevant issues and recent developments. If you are looking for a specific topic, please use the search function or filter.
WW premium: low or high rate?
With effect from 1 January 2020, the Labour Market Balancing Act (Wab) will introduce a new system for the WW premium. The sectoral premium differentiation will also be abolished, because many companies no longer belong to a single sector.
Terminating an Agency agreement by the Principal
An agency agreement (“Agency Agreement”) may be terminated with or without cause and below you will find a practicable explanation on which steps need to be considered. Please note that terminating an Agency Agreement may be done through the Cantonal Courts or by taking extra-judicial steps as set out in article 6:265 of the DCC. The EC directive (86/653/EEG) is implemented in the Netherlands in articles 7:428 to 7:455 of the Dutch Civil Code (“DCC”), which is mostly compulsory law, which means that deviation by agreement is generally not possible and that these provisions are overriding. This article will only address the situation where the Principal terminates or rescinds the Agency Agreement. My next article will address the situation of the Agent.
The shareholders’ agreement: what if agreements are not kept?
In my previous contributions "A shareholder agreement to make your startup investor-proof" and "The shareholder agreement: some practical tips" I already wrote about the usefulness and necessity of the shareholder agreement. In order to avoid conflicts with, for example, future investors, it is wise to make good agreements about the cooperation. Not only agreements about the positive aspects of the cooperation, but above all agreements about what should happen if the cooperation does not go as expected.
Bill on Homologation Private Placement Significant change in insolvency law is imminent
A very important change in insolvency law is imminent. This change concerns the possibility of a debtor's offering a composition to creditors. In the current situation, there is only an arrangement for the compulsory imposition by the court of an arrangement with creditors in suspension of payments or bankruptcy. In the Bill on the Homologation of Private Agreements (WHOA), the possibility has been included that a compulsory composition without a moratorium or bankruptcy can be concluded. This will drastically change the possibilities for resolving problematic debts. This change is important for debtors, but also for their providers of capital, such as creditors and shareholders.
TRADE SECRETS ACT: Good news for enterprises!
As you all know the introduction of the Data Protection Regulation (2016/679 with effect on 25th May 2018 had a substantial impact on enterprises on all levels, and received a lot of attention. Shortly after, another act was implemented in the Netherlands which also puts the trade secrets of organization on the map and gives enterprises a competitive advantage.
Important changes in Dutch employment law in 2020
From the 1st of January 2020 a number of changes in Dutch employment law will come into force. These changes will bring new attractive benefits as well as new risks that need be taken into account by both employers and employees.
Liability for acting on behalf of a private company in formation
Legal acts can already be performed on behalf of a private limited company in incorporation. However, caution is required, because the person who has performed the acts on behalf of the B.V. under formation may be personally called upon to fulfil the obligations entered into.
When can a buyer of a property address the seller for a hidden defect?
When you buy an (old) house, you buy it in the condition it is then in. This means including all visible and invisible defects. If it turns out that there is a defect after the purchase, this is in principle at the buyer's risk. This sounds logical. Nevertheless, there are conceivable situations in which the buyer can hold the seller liable for the costs of repairing the defect. In this article I explain when this can be the case.
A right to compensation after termination of cohabitation without a contract or marriage?
The Supreme Court issued an interesting judgment on the question whether a partner is entitled to compensation from the ex-partner after ending cohabitation without a contract (also referred to as: informal cohabitation).
Flight delay due to a screw in the tyre or oil on the track
Many factors influence whether or not a flight departs on time, with an airline having an influence on far from all matters. The delay of a flight can often not be prevented by the airline, but it is confronted with passenger claims under EC Regulation 261/2004 in case of a delay.
Court of Justice: a supervisory director of a foundation is not a VAT entrepreneur
According to a judgment of the European Court of Justice on 13 June 2019, a member of a supervisory board (SB) of a foundation does not have to pay VAT on the remuneration for his activities as a member of the supervisory board.
Reimbursement of extrajudicial costs: what is possible?
What are extrajudicial costs and what costs can you recover from a business partner? These 2 questions are in fact addressed in every case where I assist a client who wants to recover a claim. In most cases we first look at whether a case can be solved out of court. In this process - before we go to court - the so-called extrajudicial costs are incurred for, among other things, writing to and consultation with the other party or his lawyer.
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