Liability of Directors
This article briefly discusses a number of regularly occurring grounds for the liability of directors of legal entities.
Conflicts between shareholders
Between the shareholders of the public limited company, and the limited liability company, conflicts on a variety of fields may occur. Usually, the shareholders can work the matter out, for instance, by discussing the matter in a general meeting of shareholders. The supervisory board, if any, may also be of use.
Ship arrest in the Netherlands
The port of Rotterdam and the Rotterdam court are well-known amongst creditors who have a recoverable claim on seagoing vessels. Experience shows that ships usually can be seized easily and quickly. This is true compared to other jurisdictions. The court, lawyers and bailiffs are accustomed to acting quickly and enabling an arrest; it can happen that, at night, a ‘water’ lawyer asks a judge at his home for an arrest, after which the bailiff goes to the ship that same night. The vessel is then under arrest.
Claims from ignored entrepreneurs in private invitations tot tender
Sometimes, government institutions issue private invitations to tender for a contract. This means that a select number of interested parties is invited to submit a tender. In such a situation, there is no subsequent public invitation to tender. This tende
Duty to report data leaks
On 1 January 2016, the Dutch Data Leaks (Duty to Report) Act and the extension of the administrative authority of the Dutch Data Protection Authority (Cbp) to impose fines came into effect. The law introduces a duty to report data leaks to the Dutch Perso
A receiver can object to a liquidation based on a winding-up petition filed by the legal person itself
On 18 December 2015, the Supreme Court passed an important judgement on the possibility for a receiver to object to a liquidation based on a winding-up petition filed by the legal person itself.
The restart
The term ‘restart’ is frequently used on the news when a large company has gone into liquidation. A recent example thereof is Imtech. But what exactly is a restart?
The reasonable compensation pursuant to the Dutch Work and Security Act
As of 1 July 2015, the Dutch Work and Security Act (Wet Werk en Zekerheid – WWZ) stipulates that, in the event of (involuntary) termination of his employment agreement, in principle, the employer owes the employee a transition compensation. In such case,
Use of smartphones by drivers: prevent liability!
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.
Commercial Leases in the Netherlands
Dutch Commercial property leases are regulated by statute law. Different regimes apply to each category of property lease. As a general rule, the primary use of the premises determines the applicable legal regime.
