Marco Guit

Filing for bankruptcy to dismiss an employee free of charge: abuse of Dutch bankruptcy law?

Employees enjoy dismissal protection under normal circumstances. They cannot simply ...

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Hidde Reitsma

Violation of the Dutch Beklamel criterion by directors of a bankrupt construction company?

A company is in principle liable for its own debts. This is an essential principle ...

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Onno Hennis

Agreement on exit but not on share price? How about a flash exit?

When the Flex BV was introduced in the Netherlands in 2012, it became possible ...

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Onno Hennis

How does an emergency arbitrator under ICC Rules decide on a request for security?

The Dutch Court in preliminary relief proceedings for lifting attachments put ...

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Gea Flapper

General Terms and Conditions: The Brussels I Regulation

A Dutch wholesaler and a Polish company had become involved in a dispute. The ...

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Hidde Reitsma

Infringement of the trade name law with descriptive designation?

In principle, a trade name that is already in use in social an economic life is ...

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Sander Schouten

Is it possible to be declared insolvent if payment obligations in bitcoins are not fulfilled?

A company had been ordered in default to pay out ‘mining revenues’ totalling 0.591 ...

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Hidde Reitsma

Was the liquidation order of a dissolved British limited company justified?

A British limited company, active in the Netherlands but incorporated under British ...

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Lennard Noordzij

What about termination due to (a fundamental) breach of contract and the Vienna Sales Convention (CISG)?

The Vienna Sales Convention applies to international purchase agreements concerning ...

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Thomas van Vugt

Breach of duty of care by ex-manager of Dutch DJ Afrojack

Quarrelling with the manager seems to be part of the rock and roll lives of famous ...

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AMS Advocaten
General

AMS Advocaten involved in educational project in Myanmar

Last August, AMS lawyer Onno Hennis was in Myanmar where he gave lectures and ...

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Mariëlle de Wild

Directors’ and officers’ liability after a company is wound up in the Netherlands

The winding up of a company generally means the discontinuation of the legal entity. ...

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Sander Schouten

What about evading directors’ and officers’ liability on grounds for exculpation in the Netherlands?

In the Netherlands, the directors of a legal entity who do not perform their management ...

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Thomas van Vugt

Is the committee of a Dutch association obliged to issue the list of members?

What can you do as a member of a Dutch association if you want to expose misconduct ...

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Hidde Reitsma

How the Dutch requirement to have decisions made outside the AGM recorded in writing works!

In the Netherlands, in principle, the general meeting of shareholders (AGM) of ...

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Marco Guit

Dutch Supreme Court: no stretching of shareholder’s right to place items on agenda

Some years ago, we discussed the ruling in preliminary relief proceedings between ...

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Sander Schouten

Does an employment contract exist between a director and a private limited company in formation?

A German GmbH (a company incorporated under German law) planned to incorporate ...

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Hidde Reitsma

Does a board’s mismanagement in the Netherlands automatically constitute directors’ and officers’ liability?

If a director makes a mess of a company’s policy and is even held liable on the ...

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AMS Advocaten
General

AMS Advocaten joins League of Lawyers

AMS Advocaten is admitted as member of an association called League of Lawyers, ...

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Hidde Reitsma

Can Ahold Delhaize deprive its shareholders of their rights to express an opinion on protective structures?

In the Netherlands, protective structures for companies as a takeover defense ...

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