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November 28, 2022

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The summary proceedings in brief

2022-10-03T11:35:38+00:00October 3, 2022|conflicts, Enterprise and business, Posts|

In my previous article, "Receiving a Subpoena? Five points of interest' I discussed five points of interest for studying a subpoena. Among other things, I mentioned that one can be summoned in summary proceedings. In this article, I will take a closer look at "summary proceedings," also known as "emergency proceedings.

Termination of banking relationship by bank

2022-09-06T12:06:48+00:00September 6, 2022|Companies in financial distress, Posts|

It is increasingly common for banks to terminate a relationship with a customer - sometimes dating back many years. Such termination of a banking relationship can have serious consequences for a business owner. Can a bank terminate a credit relationship? When is it allowed and when is it not? Below is a brief explanation of the background to such termination and the rights and obligations of banks and account holders.

Received a subpoena? Five points of attention

2022-08-23T12:24:42+00:00August 23, 2022|conflicts, Enterprise and business, Posts|

Have you received a subpoena from the bailiff and are you wondering what to pay attention to when studying the subpoena? In this article, we will give you five tips for studying a summons. You can infer a lot from a summons, such as by what date you must respond to the summons, what happens if you don't respond, and whether or not you are required to be assisted by a lawyer.

When are the costs of additional work to be borne by the client in the case of contract work?

2022-07-19T08:20:56+00:00July 19, 2022|Enterprise and real estate, Posts|

In a building contract between a contractor and a principal a contract price is usually agreed upon. It often happens that the principal wishes all kinds of changes or additions to the work during the execution. This is then extra work. But are the costs of this extra work for the account of the contractor or the principal?

Reduction of amount for which the director is liable

2022-07-04T09:57:58+00:00July 4, 2022|Companies in financial distress, Employees, Posts|

A director is liable under article 2:248 paragraph 1 of the Dutch Civil Code (BW) to make good the deficit in the bankruptcy if the board has manifestly mismanaged its duties and it is plausible that this was a major cause of the bankruptcy. Based on paragraph 4 of this article of law, the court can mitigate the amount for which the director is liable under certain circumstances.

The wage guarantee scheme: continued payment of wages in the event of the employer’s bankruptcy

2022-06-28T07:24:52+00:00June 27, 2022|Companies in financial distress, Employees, Posts|

The Unemployment Insurance Act includes a scheme that entitles employees to payment in the event of payment problems on the part of the employer. The regulation is also called the wage guarantee regulation. It also regulates which benefits an employee can claim in case of bankruptcy of the employer. In this article I will discuss the main provisions of the wage guarantee scheme that apply in the event of bankruptcy and I will go into a recent judgment of the Supreme Court on this subject.

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