Practical legal tips on the applicability of General Terms and Conditions of Trade
Are you sometimes confronted with the situation where your business enterprise has contracted with another business and your business enterprise has sent an offer to the other party you’re your General Terms and Conditions and the other party has accepted your order by return stating that that their General Terms and Conditions apply? The question is which General Terms and Conditions apply here. This is what is called a “battle of forms”.
Reorganisation and dismissal in NOW scheme: what is allowed and what is not?
In a recent article we discussed the Temporary Emergency Measure Bridging Employment (NOW). The subsidy from this scheme comes with obligations for employers. If these obligations are not (fully) met, a sanction may be imposed. This article looks at the question whether you can still lay off employees during the granting of the NOW subsidy and whether you can reorganise.
A proactive absenteeism policy; a precondition for sustainable employability
When an employee reports sickness, an employer must be alert. Does the employee need support? Is it short-term or long-term absenteeism? And how is reintegration handled? Perhaps outside their own company?
Support agreement for and by the Dutch retail sector on rental obligations during the corona crisis
On Friday 10 April, an agreement was reached between the property and retail sectors on rent suspension for retailers due to the consequences of the corona crisis. Parties involved are IVBN, INretail, Vastgoed Belang, Detailhandel Nederland, EZK, NVB and VGO. The starting point is that the financial pain resulting from the corona crisis must be shared between retailers (and their shareholders), landlords, banks and the government. The support agreement provides guidelines for the short and long term.
Is it possible to stop paying the rent of business premises?
In recent weeks, Leeman Verheijden Huntjens Advocaten received many questions from both tenants and landlords of business premises about rent payment and other rights and obligations in these special times.
Directors and officers liability towards third parties: The Beklamel-Standard
The corona crisis can cause difficulties for your company. It may not be able to supply all its customers with products, pay all its suppliers on time or otherwise fail to meet its obligations towards its contracting parties and other third parties.
Annulment of guarantee legally valid?
For some legal acts, one spouse needs the consent of the other spouse. In the absence of consent, the other spouse may annul the legal act. Under certain circumstances, this also applies to the provision of security deposits.
Fiscal support measures during Corona crisis
On the 17th March 2020, the Cabinet announced a large number of measures. These measures are aimed at supporting companies and freelancers. The measures include measures to maintain employment on the one hand and measures to ensure that companies do not go bankrupt and that self-employed people can maintain an income on the other hand.
How does eviction protection work for a tenant when renting office space (and other business premises within the meaning of Section 7:230a of the Dutch Civil Code)?
Lease contracts for office space, storage or other business premises are often referred to as 7:230a leases. This name refers to the applicable legal provision. Tenants of these leases are entitled to eviction protection after termination of the lease.
How do I transfer a lease agreement through the right of substitution?
An entrepreneur who wants to sell his business will generally want to transfer the lease of his business premises to the buyer. This is possible by means of substitution. For mid-market business premises, such as shops, catering, collection or delivery services and craft businesses, this is regulated by law. It is a special form of a transfer of the lease agreement.
