Commercial contracts: ‘the assignment contract’ (series 5/5)
In this final article of the 'Commercial Contracts' series, Gentia Niesert, attorney at contract law, discusses the ins and out of 'the assignment agreement’. How does it differ from the building contract and the employment contract, and what provisions do you find in an assignment agreement?
The importance of the notice of default
Almost every entrepreneur has to deal with it at some point; a counterparty who does not fulfill his/her agreements. In this article Gentia Niesert, attorney at contract law, explains how you can act towards your counterparty in such a situation and what the importance of a notice of default can be.
Tips and tricks for a cooperation agreement
Under the guise of "together you are strong," parties regularly enter into cooperation agreements. In this article, contract law attorney Gentia Niesert explains what a cooperation agreement is and provides some tips and tricks for drafting one.
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.
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.
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.
Received a subpoena? Five points of attention
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.
Prejudgment attachment: what is it and how does it work?
You may have seen the term "prejudgment attachment" pass by. In this article we will explain what prejudgment attachment is and how the process of prejudgment attachment works.
The penalty clause: where and when?
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'.
