The coronavirus cannot be ignored and many countries are taking huge measures that impact each and everyone of us. It affects how we do business, and affects how we have done business in the past.
For that reason LVH Advocaten have launched a special Corona legal support desk for non-Dutch enterprises to help you through these difficult times. The Dutch government has implemented many measures that restrict business and force us to redefine our parameters. The Dutch government has also shown that it is there to help and to make the transition a little less painful.
Emergency measures issued by the Dutch government on 17th March 2020.
On 17 March 2020 the Dutch government came with extensive measures to support businesses operating in the Netherlands to help them through these difficult times. Broadly speaking, these can be categorised as follows.
- Salary compensation for employers to avoid dismissal of employees.
- Temporary financial support for freelancers whereby the government grants welfare benefits and/or loans for working capital.
- Extending the dead-lines for payment of taxes and reducing the rent on tax payments to 0,01 %.
- Extension of government guarantees for loans entered into by the enterprises. The government is prepared to act as guarantee for loans entered into by medium to large enterprises.
- Credit provider, Qredits, supports small enterprises with interest arrears.
- Extending government guarantees for SME agricultural enterprises.
- Reducing or stopping tourist taxes and made to measure solutions for the cultural sector.
- Emergency help desk especially for enterprises in the sectors that have been hit hard.
- Extension of the Guarantee tax ruling for SME enterprises, known as the “BMKB-regeling”.
General measures that LVH Advocaten can assist Non-Dutch enterprises with.
Furthermore, due to the Corona virus, enterprises are forced to start behaving differently in the market. Please find below some examples
- What rights does the entrepreneur have under the Dutch Civil Code?
- Are these rights extended or restricted, if permitted, in the commercial contracts?
- Has the current situation been reflected into the contract by way of a force majeure clause or unforeseen circumstances?
- If a force majeure clause or other clause can be invoked, which requirements need to be met and what are the rights of the entrepreneur
- Is there a provision in place that enables the entrepreneur to terminate or postpone the contract? If so, what are the requirements that need to be met and what will this mean for the entrepreneur.
- Is there an obligation in place which obliges the entrepreneur to mitigate its damages. If so, which measures need to be taken and in which order.
- If the contract with the customer cannot be performed, then what other issues does the entrepreneur need to consider. Examples are purchase contracts or sub-contracting agreements or loan agreements etc. The non-performance of the contract has many different implications which all need to be considered.
- Is there an insurance in place to cover this and does the other side have an insurance in place.
- Communication with the other contracting party is essential. What do you communicate and how? What are the do’s and don’ts in this situation.
LVH has compiled a special Corona legal support just for non-Dutch enterprises. This is to address the specific need for legal support of non-Dutch enterprises that are registered in the Netherlands.
Madelon van Breemen originates from the UK and can help your enterprise understand what remedies the government has offered you at this time. Madelon van Breemen is the primary point of contact for all Corona legal support and she has a whole team of specialised lawyers behind her to give you the support that your enterprise needs.
Watch this space!
LVH Advocaten will inform you on a daily basis using all available forms of digital communication to help your enterprise to survive. So watch this space!
Do you need immediate help with understanding and applying for the remedies that the government has provided?
Please contact Madelon van Breemen, on (+31) (0) 10 2092756 or by email vanbreemen@lvh-advocaten.nl.
