enterprise and business

January 9, 2025

Terminating an Agency agreement by the Principal

2023-02-13T14:35:16+00:00December 17, 2019|enterprise and business, news, posts, specialist areas|

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?

2023-02-13T14:35:25+00:00November 28, 2019|enterprise and business, news, posts, specialist areas|

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

2023-02-13T14:35:33+00:00November 14, 2019|companies in financial distress, enterprise and business, news, posts, specialist areas|

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!

2023-02-13T14:35:41+00:00November 7, 2019|employees, enterprise and business, news, posts, specialist areas|

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.

Go to Top