Articles2024-11-18T09:49:11+00:00

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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.

Termination of banking relationship by bank

September 6, 2022|

It is increasingly common for banks to terminate a relationship with a customer - sometimes dating back many years. Such termination of a banking relationship can have serious consequences for a business owner. Can a bank terminate a credit relationship? When is it allowed and when is it not? Below is a brief explanation of the background to such termination and the rights and obligations of banks and account holders.

Received a subpoena? Five points of attention

August 23, 2022|

Have you received a subpoena from the bailiff and are you wondering what to pay attention to when studying the subpoena? In this article, we will give you five tips for studying a summons. You can infer a lot from a summons, such as by what date you must respond to the summons, what happens if you don't respond, and whether or not you are required to be assisted by a lawyer.

Reduction of amount for which the director is liable

July 4, 2022|

A director is liable under article 2:248 paragraph 1 of the Dutch Civil Code (BW) to make good the deficit in the bankruptcy if the board has manifestly mismanaged its duties and it is plausible that this was a major cause of the bankruptcy. Based on paragraph 4 of this article of law, the court can mitigate the amount for which the director is liable under certain circumstances.

The wage guarantee scheme: continued payment of wages in the event of the employer’s bankruptcy

June 27, 2022|

The Unemployment Insurance Act includes a scheme that entitles employees to payment in the event of payment problems on the part of the employer. The regulation is also called the wage guarantee regulation. It also regulates which benefits an employee can claim in case of bankruptcy of the employer. In this article I will discuss the main provisions of the wage guarantee scheme that apply in the event of bankruptcy and I will go into a recent judgment of the Supreme Court on this subject.

The penalty clause: where and when?

May 19, 2022|

A penalty clause is a clause in a contract which states that a party must pay a penalty if it fails to fulfil a contractual obligation. Penalty clauses come in all shapes and sizes and can often be recognised simply by the word 'penalty'.

Request for debt restructuring and Corona: the tax collector thinks along

May 12, 2022|

Until further notice, the Tax Authorities will approach requests for restructuring of tax debts with a flexible attitude. This applies in particular to requests from entrepreneurs whose businesses are fundamentally sound and who have been affected by the Corona crisis. For these entrepreneurs, the generous corona deferral policy may prove to be of no avail.

The end of the Wob and the arrival of the Woo in a nutshell

May 9, 2022|

As of May 1, 2022, the era of the Open Government Act ("Wob") has come to an end. After years of serving as the legislative framework for the right to government information, the Wob has been replaced as of May 1, 2022 by a new law, which entered into force under the name of the Open Government Act ('Woo').

Deferral of tax payment during corona

April 12, 2022|

Deferral of tax payment during corona During the corona crisis, the Emergency Measures Corona Crisis Decree included conditions under which a deferral of payment could be requested from the Tax Administration. In order to qualify for this scheme, the entrepreneur had to meet these conditions. One of these conditions is that no dividend may be paid at the time of the deferral. In addition, no bonuses may be paid. As of April 1, 2022, all new payment obligations must be ...

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