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.
Uncertainty about shareholder vote: is AGM resolution voidable?
This article deals with the legal validity of decision-making in the private limited liability company. A private limited liability company has several organs. The division of powers is determined by law, articles of association, regulations and resolutions. Within the organs, agreements can be made on how decisions should be made. For example, in a shareholder agreement or voting agreement.
Stalemate between directors who are also shareholders: what to do?
The parties want to part ways, but at the right price. Meanwhile, the business must be continued without loss of value. The parties want to part ways in a normal way by avoiding escalation, but are still forced to hire a lawyer. What to do in a deadlock between directors who are also shareholders? Corporate lawyer Justin de Vries tells you more.
Transportation industry workforce shortage solutions
Like many other industries, the transportation industry is understaffed to keep up with growth. Job openings remain high and retirement attrition continues to increase. In this article, I discuss possible solutions.
Land grabbing: the legal options when losing ownership of land
There may be a dispute between neighbors about who owns a particular piece of land. Such a dispute may arise if at any time one of the neighbors places a yard fence in such a way that it takes possession of a piece of land owned by the other. The owner has the option of claiming his property (or filing a revindicatory action). However, such a claim cannot be brought after a period of time due to acquisitive prescription.
Work-at-home policies and the role of the works council
Since the beginning of the corona crisis, hybrid working has been the norm. The number of corona infections is slowly increasing again. It is not inconceivable that some companies will soon again require their employees to work wholly or partially from home.
Everything you need to know about a unilateral modification clause
There may be reasons for you as an employer to unilaterally amend certain terms and conditions of employment if you are unable to reach an agreement with the employee(s). For example, to adjust the travel allowance because employees are working from home more often since the corona crisis.
Part-time layoffs and secondment as solution to energy crisis
Bankruptcies are slowly increasing again as a result of the energy crisis, high inflation and the cessation (and repayment) of government support measures. Retail, agrifood and business services are particularly hard hit. Entrepreneurs in these sectors should anticipate even worse business times. In that context, when part of the turnover is lost, two alternatives to a (final) reorganization can be considered, namely part-time dismissal and secondment.
Is a right of usufruct on claims a meaningful alternative?
Is a right of usufruct on claims a meaningful alternative? A right of usufruct gives the right to use goods belonging to another person and enjoy the fruits thereof. The Supreme Court recently handed down a judgment on the question whether a usufruct on receivables can serve to appropriate what has been collected. The case involved claims relating to rent payments. The Supreme Court is of the opinion that this is not possible. After all, that would be tantamount to ...
How do I substantiate the need for reorganisation?
Support measures have stopped and energy crisis and high inflation are putting many entrepreneurs in financial trouble (again). Starting to reorganise on time can then be a 'must'. But how do you substantiate the need for reorganisation?
Hidden defects: what to look out for?
It happens to almost everyone; you buy a product, car, house, machine, boat or appliance where at first glance nothing seems wrong, but later it turns out that there is a 'hidden defect' to the purchased product. The question is then who is liable. In this article I give examples of hidden defects, explain what the obligations of the buyer and seller are and what one should pay attention to.
How final is the final discharge in termination agreements?
If employer and employee wish to terminate an employment contract by mutual agreement, they sign a termination agreement. A termination agreement often includes a final discharge clause. A final discharge clause ensures that parties do not have to renegotiate rights and compensation after the execution of the termination agreement. But how final is the final discharge clause in a termination agreement?
The summary proceedings in brief
In my previous article, "Receiving a Subpoena? Five points of interest' I discussed five points of interest for studying a subpoena. Among other things, I mentioned that one can be summoned in summary proceedings. In this article, I will take a closer look at "summary proceedings," also known as "emergency proceedings.
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