Business Service Lawyers
Business services are among the fastest growing branches of industry in the Netherlands. If we include agency workers, this sector has more employees than the entire sector. Most business services companies are small and have ten members of staff or less. The threshold to start a business is low, as the provision of business services does in general demand relatively few investments in buildings, machines and stocks. As a legal firm, we ourselves form part of this diverse sector.
The lawyers of Leeman Verheijden Huntjens work closely together with a number of civil-law notaries from Rotterdam and various regional accountancy firms. Clients are also referred to one another if there is such a need. The fact that they are seen as a good and reliable partner by these parties is a big compliment for our firm.
Our client portfolio includes IT companies, accountants, tax specialists, facilities service providers and estate agents. Our team advises them during internal issues about structure and collaboration, but also in the case of mergers, dissolution and the realisation of joint ventures. We are also closely involved in preparing and concluding contracts, general terms and conditions and we provide advice about employment contracts and reorganisations. Our litigation lawyers are ready for any legal proceedings.
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More about Business Service Lawyers
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.
Bill on Homologation Private Placement Significant change in insolvency law is imminent
A very important change in insolvency law is imminent. This change concerns the possibility of a debtor's offering a composition to creditors. In the current situation, there is only an arrangement for the compulsory imposition by the court of an arrangement with creditors in suspension of payments or bankruptcy. In the Bill on the Homologation of Private Agreements (WHOA), the possibility has been included that a compulsory composition without a moratorium or bankruptcy can be concluded. This will drastically change the possibilities for resolving problematic debts. This change is important for debtors, but also for their providers of capital, such as creditors and shareholders.
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