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Blog for "dismissal"
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Blog 37
- Corporate law in The Netherlands 17 April 2019 4 min
Director continues to borrow money from limited company, resulting in inability to pay staff. Does this constitute a legal ground for suspension in the Netherlands?
It is not uncommon for a company to have two directors who are also shareholders. Because resolutions have to be passed by a majority of votes, the risk of a deadlock is…
- Litigation 23 January 2019 5 min
Dutch court declared itself incompetent because of a valid arbitration clause
Parties increasingly agree that they will settle any disputes that may arise between them by means of arbitration. The advantages of arbitration include the speed and flexibility…
- Insolvency law in The Netherlands 12 November 2018 3 min
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 be dismissed. Moreover, an employee who is not to blame for the dismissal is entitled to a…
- Corporate law in The Netherlands 30 May 2018 3 min
Shareholders’ quarrels, what can the Netherlands Enterprise Court do?
Two brothers applied to the Netherlands Enterprise Court for their father’s suspension as a director. In the Netherlands, the proceedings to force a breakthrough between…
- Dutch employment law 2 May 2018 4 min
Termination of director’s management agreement in the Netherlands: AMS explains!
After his recovery from illness, a Dutch director wanted to return to work. However, the company had appointed another director and unilaterally terminated the management…
- Corporate law in The Netherlands 22 January 2018 5 min
Enterprise Division: The right of investigation is not intended for claims disputes!
Shareholders and other parties entitled to an investigation may arrange for the Dutch Enterprise Division to review the policy and course of affairs of a legal entity. However, as…
- Corporate law in The Netherlands 17 January 2018 4 min
Can Dutch casting agency Kemna Casting get rid of shareholder Job Gosschalk?
The Dutch casting agency Kemna Casting wants to break all ties with Job Gosschalk, who became discredited as a result of sexual misconduct. Kemna Casting even wants to end…
- Dutch contract law 10 January 2018 3 min
Does a claim against a company that ceased to exist after liquidation become time-barred?
The Dutch Supreme Court clarified in a recent ruling whether and, if so, when a legal action against a legal entity that has ceased to exist after liquidation would become…
- Dutch employment law 3 November 2017 6 min
This is how the non-competition clause in a Dutch employment contract works!
Recently, AMS Advocaten brought an interim injunction on behalf of a Dutch employer in which they sought a prohibition on the breach of the non-competition clause by two former…
- Corporate law in The Netherlands 30 October 2017 3 min
Unlawful deregistration of a director of a foundation
It happens in the best foundations: falling-out between directors. An issued ruling of the court of North Netherlands shows that it is not always that easy to dismiss a fellow…