Food, Horeca & Retail
The Food, Horeca & Retail sector is extremely dynamic and is governed by a host of legislation and regulations. The sector also faces various challenges in relation to competition, e-commerce, globalisation and economic developments. In these hectic times, it is important that specialists create ‘workable preconditions’ to remove the burden for the entrepreneurs, leaving them to do what they’re good at – run businesses. We know the sector and offer you complete support in this jungle of legal rules.
We point our clients the way in managing, operating, developing and selling shops, hotels, bars or restaurants. This could involve licences, changes of use, and hotel, restaurant, bar or retail related lease issues. Then there is also the daily operation of the business. Issues in the area of employment law, standard terms and conditions, terms and conditions of delivery or purchase, exclusive purchasing, financing and security, franchise agreements or purchasing or selling a business are our day to day work. The various legal areas that play a part are dealt with integrally.
We act on behalf of chains, franchise chains and individual hotel, restaurant, bars or retailers. Advice and conducting legal proceedings are our expertise.
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Bankruptcy Transfer of Undertaking Act (Wovof)
On 27 May 2024, the Transfer of Undertaking in Bankruptcy Act (Wovof) was submitted for consultation. All stakeholders will have the opportunity to respond to the bill until 22 July 2024. Thisis a follow-up to the earlier consultation in 2019. What is the purpose of this new legal regulation?
Deficiencies in participation
The Enterprise Chamber ruled in a case of a company takeover via a leveraged buyout that the management of the company had acted negligently (partly) due to defects in the co-determination process. The careless conduct was classified as mismanagement, because it violated the elementary principles of proper entrepreneurship.
Forfeited penalty payment can serve as a support claim
A creditor can proceed to file for the bankruptcy of a debtor. To do this, an application must be filed with the court. To do so successfully, hoForfeited penalty payment can serve as a support claim weaver, the creditor must make it plausible that the debtor is in a state of cessation of payments
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