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.
The shareholders’ agreement: some practical tips
Whether it is a startup or a company that has been around for a long time, it is important that shareholders make good agreements. By recording the agreements, shareholders gain certainty about where they stand with regard to their fellow shareholders.
The instant dismissal by Ryanair due to refusal to change work locations is upheld
Last week, the decision of 4 December 2017 by the Subdistrict Section of the Subdistrict Court Oost-Brabant was published in Jurisprudentie Arbeidsrecht (JAR). In this decision, it is ruled that an instant dismissal by Ryanair Ltd. was lawfully given.
Court of Appeal rules that ‘pre-pack is a transfer of a company’
In case of a pre-pack, also called a pre-packaged insolvency, an intended receiver is working on a relaunch some time prior to the declaration of the bankruptcy, so a relaunch may be realised shortly after the declaration of the bankruptcy, possibly even the same day. The aim of the pre-pack is continuation of the company with the highest possible yield.
Important date for approval amendment of Articles subsidiaries housing corporations
Following the mandatory amendment of the Articles of housing corporations, subsidiaries must also bring their Articles in line with the Housing Act (Woningwet). This has to be done before 1 January 2018.
The Enhancement Position of Receivers Act has entered into force
On 1 July 2017, the Enhancement Position of Receivers Act (Wet versterking positie curator) entered into force.
Right to prior consultation Works Council in the event of bankruptcy
In the case between the Works Council and the receiver of the chain of chemist's shops DA, the Netherlands Supreme Court issued a judgement on 2 June 2017, in which in summary it ruled that the right to prior consultation of the Works Council, as incorporated in Article 25 of the Works Council Act (WOR) in principle also applies to the event in which a company has been declared bankrupt.
Who is entitled to the petrol station at the end of the lease agreement?
The law provides a rule for answering this question, but the lease agreement may include different agreements. In practice that happens, but these agreements are often unclear or undated, creating opportunities and threats.
Bank has limited duty of care in respect of the franchisee
On 23 May 2017, the The Hague Court of Appeal gave a judgment in respect of a bank's duty of care regarding an ex-franchisee. In short, the Court of Appeal is of the opinion that it was not established that the bank neglected its duty of care by not warning the franchisee about the poor financial position of the franchiser.
Introduction of the Franchise Act does not produce a rosy future for franchise formulas
I have written about the Netherlands Franchise Code (NFC) before and explained its contents. In that context, I noted briefly that Minister Kamp sent a white paper for the Franchise Act to the Dutch House of Representatives. The white paper concerns special regulations for a franchise agreement and is open for consultation up to 25 May 2017, inviting stakeholders and interested parties to express their opinion.
Netherlands Franchise Code (NFC)
On 12 April 2017, the outgoing Minister of Economic Affairs published a bill which legally embeds the NFC. It is possible to respond to the bill until 25 May 2017. By legally embedding the NFC, the Minister wants to strengthen the position of franchisees and bring more balance to the interests of franchisees and franchisors.
Bruna must honour the franchise and lease agreement (for now)
A franchisee has successfully brought interlocutory proceedings against his franchisor Bruna. The court in interlocutory proceedings has judged as a preliminary measure that Bruna has to honour the franchise and (sub)lease agreement it terminated.
Problems when the lessor invokes a bank guarantee for vacancy losses due to bankruptcy of lessee
Wij zijn een Rotterdams advocatenkantoor dat zich richt op juridische dienstverlening aan bedrijven. Onze advocaten hebben door kennis van de diverse branches een grotere voorsprong.
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