posts

Dismissal of directors of foundations: new risks and opportunities under the WBTR!

Jeanine Vlot2024-10-22T13:09:00+02:0017 October 2024|posts|

With the introduction of the Management and Supervision of Legal Persons Act (WBTR), the legislature has taken important steps to improve the management and supervision of foundations. One of the most notable changes concerns the expansion of the grounds for dismissal for directors of foundations. In this article, we discuss the new statutory regulation, illustrate the regulation with a practical example, and explain the implications for directors and stakeholders.

Directors’ liability after turboliquidation

Jeanine Vlot2024-10-11T13:33:29+02:0011 October 2024|companies in financial distress, posts|

In a recent court case concerning turboliquidation of a catering business, the court ruled that the directors were not personally liable. The case involved the discontinuation of the business without assets, with creditors being paid pro rata. The landlord claimed unlawfulness, but the court held that the turboliquidation had been carried out correctly with no obligation of bankruptcy.

Director’s liability for tax debts

Jeanine Vlot2024-10-07T09:33:55+02:007 October 2024|companies in financial distress, posts|

Directors of troubled companies are usually aware that acts performed in the face of bankruptcy (if it comes to that) will be examined by a receiver. Unobligatory legal acts that have harmed creditors may be reversed by the trustee.

Breaking off negotiations: what about liability?

Jeanine Vlot2024-10-03T08:04:45+02:003 October 2024|posts|

What happens when negotiations suddenly break down? Find out when this may be unlawful and whether you are entitled to compensation for costs incurred.

My debtor won’t pay

Jeanine Vlot2024-09-25T12:40:48+02:0025 September 2024|conflicts, posts|

Being right and being right are two different things, it is sometimes said. This is not entirely true, but it indicates that a court ruling is far from always considered satisfactory.

Qualifying employment contract: employee or not after all?

Richard Ouwerling2025-02-04T11:05:41+01:009 September 2024|employees, posts|

With the Deliveroo judgment of March 2023, the Supreme Court has once again given the practice more clarity on the qualification of the employment contract. Since that ruling, of course, various case law has again been rendered on whether there is an employment contract or yet another type of contract.

Commercial contracts: ‘the assignment contract’ (series 5/5)

Jeanine Vlot2024-09-10T12:24:38+02:0027 August 2024|enterprise and business, posts|

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?

A dynamic incorporation clause remains in place during a transfer of an enterprise

Jeanine Vlot2024-08-20T07:52:30+02:0020 August 2024|employees, posts|

A dynamic incorporation clause relating to a collective bargaining agreement is an agreement in the employment contract whereby the provisions of a collective bargaining agreement, as they will read from time to time (hence the term dynamic), are declared applicable to the employment relationship.

Seizure of a ship: an odd duck in the crowd

Claudia Rondberg2024-08-09T08:07:17+02:009 August 2024|international, posts|

Ships are an unmistakable part of the Rotterdam landscape. Even 'our' view from the World Port Center is a daily reminder that Rotterdam is a true port city. In this article, we discuss the attachment of ships.

What possibilities are there for (interim) adjustment of the rent of medium-sized business premises

Yvonne Hilderink2025-02-03T11:09:14+01:005 August 2024|enterprise and real estate, posts, specialist areas|

Leases for shops, catering establishments, takeaway or delivery services and crafts businesses are called medium business premises leases. Specific legal provisions apply to these types of leases, the basic principle being a high degree of protection for the tenant. One of these rules concerns the legal system of rent adjustment. This article explains which possibilities there are to adjust the rent of medium-sized business premises outside the statutory system.

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