Enterprise and business
If you take good care of your business, you can do business without worries.
Doing business means making appointments. Lots of appointments. With partners, staff, suppliers, customers, the government, etc. Good contracts are therefore a necessary part of a healthy business economy. Whether it concerns “internal” contracts, such as shareholder agreements and employment agreements, or “external” contracts, such as takeover and cooperation agreements. (Advice on) a good contract in which clear rules of play are laid down, makes it possible for the company to focus on the development of the company.
A good contract is clear as a tightly organised march route: who participates and under what conditions, what is the destination, what input is needed to achieve the goal, who makes the decisions, what happens if things go wrong along the way, who can intervene and what sanctions can be imposed.
Organising such a march route is a profession. Our profession.
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More about enterprise and business
WW premium: low or high rate?
With effect from 1 January 2020, the Labour Market Balancing Act (Wab) will introduce a new system for the WW premium. The sectoral premium differentiation will also be abolished, because many companies no longer belong to a single sector.
Terminating an Agency agreement by the Principal
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.
The shareholders’ agreement: what if agreements are not kept?
In my previous contributions "A shareholder agreement to make your startup investor-proof" and "The shareholder agreement: some practical tips" I already wrote about the usefulness and necessity of the shareholder agreement. In order to avoid conflicts with, for example, future investors, it is wise to make good agreements about the cooperation. Not only agreements about the positive aspects of the cooperation, but above all agreements about what should happen if the cooperation does not go as expected.