14. März 2024

Bill 'Digital general meeting of private legal persons Act'

On 15 January 2024, the bill on digital general meetings of legal entities under private law was submitted to the Dutch Lower House. The bill provides for the possibility for Dutch legal entities under private law to hold general meetings by digital means only.

Ihr Kontakt: Rens M.R. Berrevoets

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1. Februar 2024

Do not wait too long to start the WHOA-proceedings

The Act on the court approval of private restructuring plans (Wet Homologatie Onderhands Akkoord or WHOA) makes it easier for a company in financial distress to sit down with its creditors and shareholders at the negotiating table in order to agree upon a reduction of its debt burden. These agreements are set out in a so-called private arrangement (onderhands akkoord). If not all creditors agree to this arrangement, it can be submitted to the court for ratification. If the court ratifies the arrangement (homologatie), the dissenting creditors will also be bound by the arrangement.

Ihr Kontakt: Christina F.J. Oudakker

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18. Dezember 2023

New Reporting Obligation for Businesses Under the Foreign Subsidies Regulation

As from October 12, 2023, certain undertakings within the European Union ("EU") that have received direct or indirect subsidies from non-EU member states are required to make a notification to the European Commission if they are involved in mergers, acquisitions, public procurement procedures or the establishment of joint ventures. This obligation arises from Regulation (EU) 2022/2560 on foreign subsidies distorting the internal market ("Foreign Subsidies Regulation" or “FSR”), which came into effect on January 12, 2023. The primary objective of the FSR is to reduce the distortive effect of foreign subsidies on the European internal market.

Ihr Kontakt: Bart Pott

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3. Oktober 2023

ACT ON DIGITAL INCORPORATION ENTERS INTO FORCE IN THE NETHERLANDS

As from 1 January 2024, it will be possible to electronically incorporate a Dutch private limited liability company (“BV”) in the Netherlands. The new act making this possible ensues from a European Directive which should have been transposed into Netherlands law by 1 August 2022, but, as is often the case, the Netherlands failed to meet this deadline.

Ihr Kontakt: Martina F.M. Priekaar

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