International B2B business to business contracting including direct and indirect (distribution/agency) sales contracts for the sale of goods and/or services, sale and/or purchase of companies (assets and/or shares) and/or strategic alliances, tax driven structures and compliance.
Madelon completed her study English law at “the College of Law” and was admitted to the role of solicitors in 1994. After moving to the Netherlands, Madelon worked initially with a law firm. After a number of years she worked as inhouse legal counsel with a number of international companies based in the Netherlands. Her focus as legal counsel was to provide first hand legal advice to the company and instructed external counsel for expert legal advice. Madelon’s USP was to reduce the potential legal risks of the company by streamlining internal processes relating to the sale of the products/services and delivery thereof as well as to reduce the legal costs by being the first point of contact for legal issues within the company and take the lead in instructions to external legal experts.
As from 1 October 2019.
Madelon started as ‘Solicitor’ in London and thereafter with a medium size Rotterdam law firm and focussed primarily on the Anglo-Saxon practice.
During her time with the law firm in Rotterdam, she plays a pivotal role in the international alliance that the law firm had joined, and she was responsibility for managing the legal work that was generated within this international alliance. Furthermore, Madelon played an active role in expanding the international alliance and international contacts to service the needs of the firm’s clients internationally.
She then made the move to inhouse legal work and learnt what the added value was of being part of a company.
A number of years later, Madelon became a devoted mother and decided to take a number of years out to raise her son.
Some years later she worked as interim legal counsel for a number of medium to large companies. Madelon is a problem solver and did what she could, within the legal parameters, to provide practical legal advice to support the business of the company for the business to reach their commercial goals.
Madelon chose specifically to work with a law firm where she can apply her experience as inhouse counsel to provide practical legal advice to clients of LVH. Furthermore, she is responsible for developing the international network of the firm with other law firms.
International commercial (business to business) contracting in the broadest sense, project based legal support with clients of LVH, interim legal services and compliance.
Madelon focusses primarily on (international) legal support with LVH clients that have legal issues that cannot be handled internally due to size and complexity as well as business development on a national and international level.
Madelon is a practical, commercial, assertive and creative person and loves finding solutions. Madelon is open in her communication, optimistic, out of the box thinker and has a truly English sense of humor.
Madelon is an extravert and sociable communicator with a bubbly character. She thinks in solutions and not problems and is very upright and honest.
When you are trading with an international party, it may well be that the UN Convention on contracts for the International Sale of Goods (CISG) is also applicable to the contract. Currently 97 countries are a member of this CISG, so there is a realistic chance that this CISG is also applicable to your contract of sale.
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”.
Under the Dutch Civil Code (DCC), there are many requirements on how to convene certain general meetings of business enterprises. The one that causes the biggest obstacle is the fact that the DCC requires in some instances that such general meetings require the physical presence of the parties concerned. And this may not be possible or practicable during the period of the “intelligent” lock-down imposed by the Dutch Government.
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.
An agency agreement (“Agency Agreement”) may be terminated with or without cause and below you will find a practicable explanation on which steps need to be considered. Please note that terminating an Agency Agreement may be done through the Cantonal Courts or by taking extra-judicial steps as set out in article 6:265 of the DCC. The EC directive (86/653/EEG) is implemented in the Netherlands in articles 7:428 to 7:455 of the Dutch Civil Code (“DCC”), which is mostly compulsory law, which means that deviation by agreement is generally not possible and that these provisions are overriding. This article will only address the situation where the Principal terminates or rescinds the Agency Agreement. My next article will address the situation of the Agent.
business and government
companies in financial struggle
business and government
enterprise and business, employees
companies in financial struggle