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Blog for "dismissal"
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Blog 37
- Corporate law in The Netherlands 22 November 2016 3 min
Substitute authorization for shareholders’ meeting
In the Netherlands, a shareholder can exert influence on the board in different ways. A shareholder now has the (relatively new) option to convene a shareholders’ meeting through…
- Corporate law in The Netherlands 8 October 2016 3 min
Company has duty of care towards minority shareholder in The Netherlands
According to recent Dutch corporate case law, a company has a special duty of care towards a minority shareholder. This means (inter alia) that the company should try to prevent…
- Corporate law in The Netherlands 13 August 2016 3 min
Shareholders’ agreement decisive in conflict
In January 2014, the judge hearing the application for interim relief at the Amsterdam district court was required to pronounce on the continued operativeness on a company of a…
- Dutch employment law 11 August 2016 4 min
Cocaine-using employee receives maximum redundancy pay
The Dutch Court of Appeal, in The Hague, took the view that an employee who had taken hard drugs immediately before work had “not acted in a seriously imputable manner,” such that…
- Insolvency law in The Netherlands 14 June 2016 3 min
Misuse of authority in company’s own bankruptcy application?
…recent case before the Court of Appeal of Amsterdam, a dismissal of a company’s own application for bankruptcy was upheld in appeal. The Court of Appeal found that the authority of…
- Corporate law in The Netherlands 20 September 2015 3 min
Dutch inquiry proceedings into the mismanagement of a company
The Enterprise Chamber of the Amsterdam (EC) is a special division of the Amsterdam Court of Appeal that deals with corporate proceedings. At the request of the related company,…
- Corporate law in The Netherlands 19 June 2015 4 min
The special legal status of a director in The Netherlands
A director under the articles of association (hereafter: director) has a special legal status in The Netherlands. Unlike an ordinary employee he has a corporate as well as an…
- Dutch employment law 22 May 2015 3 min
The right of the Works Council to be consulted about reorganization plan
In recent proceedings Canon was berated for not following the proper advice from its Work Council in a reorganization decision. The Works Council that started the proceedings…
- Corporate law in The Netherlands 28 April 2015 3 min
Impaired relationship in AGM and board: inquiry proceedings?
In recent inquiry proceedings two shareholders of a company could not agree on anything, except the fact that the relationship was seriously impaired. It was sufficient reason for…
- Corporate law in The Netherlands 5 March 2015 3 min
Court disregards stipulation in shareholders’ agreement
The district court in Amsterdam had recently ruled – in preliminary relief proceedings – that invoking the regulation in a shareholders’ agreement that a decision to dismiss a…