News
24 September 2024
HEUSSEN recognized as a 'Recommended Firm 2024' by IFLR1000
HEUSSEN Lawyers and Notaries proudly announces its remarkable achievement in the IFLR1000 2024 rankings. The firm has been awarded a tier 3 ranking in Banking and a tier 5 ranking in M&A, which affirms its status as a go-to firm with regard to both practices. “We are proud of our clients’ recognition for our commitment, knowledge and pragmatic approach that has resulted in these great rankings of our Banking & Finance and M&A practices again this year.”, says Martijn Koot, Partner at HEUSSEN.
News
24 September 2024
The choice of forum in general terms and conditions in international B2B relationships: key considerations
In international business relationships, parties frequently opt to include a choice of forum clause in their agreements or general terms and conditions. This enables them to designate a specific court, such as a Dutch court, with exclusive jurisdiction to handle any disputes that may arise. Due to the significant implications of such exclusivity, a choice of forum requires an agreement, meaning that they must reach a genuine consensus on the choice of forum. Disputes frequently arise regarding the validity of a choice of forum clause, particularly when such clause is embedded in general terms and conditions. This article provides an overview of the requirements for establishing a valid choice of forum in general terms and conditions and concludes with practical tips for ensuring, as far as possible, the enforceability of such clauses.
News
6 August 2024
Geen uitzendovereenkomst tussen Temper en de werkers
Onlangs oordeelde de rechtbank Amsterdam (ECLI:NL:RBAMS:2024:3987) dat geen sprake is van een uitzendovereenkomst (bijzondere vorm van een arbeidsovereenkomst) tussen Temper (online platform voor flexibel werk) en de werkers.
News
27 May 2024
Procesfinanciering en juridische toegankelijkheid
Procesfinanciering, ook bekend als derdenfinanciering, is een opkomend fenomeen in de juridische wereld. Het biedt mogelijkheden voor individuen en groepen die anders niet over de financiële middelen zouden beschikken om een rechtszaak te voeren. In dit nieuwsbericht leggen we uit wat procesfinanciering is, en bespreken we de recente ontwikkelingen, impact en overwegingen.
News
15 April 2024
THRESHOLDS REGARDING ANNUAL ACCOUNTS INCREASED
On 13 March 2023 the Order in Council ("OiC") pursuant to which the thresholds for, among other things, the audit requirement of annual accounts are increased entered into force. The OiC transposes Directive 2013/34/EU of the European Commission which was published on October 19, 2023 into Dutch legislation.
News
28 March 2024
HEUSSEN RANKED IN THE LEGAL 500 ONCE AGAIN
HEUSSEN is proud to announce that it has been ranked in three practice areas in the 2024 EMEA edition of The Legal 500. The Legal 500 is a guide to the world’s leading law firms and lawyers and is focused on benchmarking law firms and lawyers on the basis of evaluation and feedback from clients and peers.
News
14 March 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.
News
1 February 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.
News
18 December 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.
News
6 November 2023
Understanding Litigation Costs
Legal costs can be a point of contention in a legal dispute. But what exactly are litigation costs, and how are they allocated in legal proceedings? Earlier, Luuk Rietveld wrote an article on Security for legal costs by foreign parties, in which the issue of cost allocation was introduced. This article delves deeper into the subject.
News
3 October 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.
News
19 September 2023
HEUSSEN ranked in the IFLR1000 once again
HEUSSEN is proud to announce that it has been ranked in two practice areas in the IFLR1000 2023 edition and that its Banking & Finance partner and Head of German Desk Sandy van der Schaaf has been ranked as a Rising Star partner. IFLR1000 is a guide to the world’s leading financial and corporate law firms and is focused on benchmarking law firms and lawyers on the basis of financial and corporate transactional work.
News
14 August 2023
Legislative bill to amend shareholder dispute resolution procedure
On 21 April 2023, the legislative bill on the amendment of the dispute resolution procedure for shareholders and clarification of admissibility requirements for inquiry proceedings (the "Wagevoe Bill") was submitted to the Council of State (Raad van State) for advice. On 28 June 2023, this body issued its opinion thereon. Below, a number of important topics of the Wagevoe Bill are discussed.
News
11 August 2023
Act on the Transposition of the European Mobility Directive enters into force
On 1 September 2023, the Act on the Transposition of the Directive on cross-border conversions, mergers and demergers (the “Act”) will enter into force. The Act seeks to transpose European Directive (EU) 2019/2121 (the "Mobility Directive") into Dutch law. The Mobility Directive, which entered into force on 1 January 2020 and should have already been transposed into national law by 31 January 2023, aims to promote freedom of establishment for capital companies within the European Union ("EU"), while also strengthening the rights of stakeholders. This is achieved by introducing new rules on cross-border conversions and demergers and adapting the already existing rules on cross-border mergers.
News
24 July 2023
Reporting obligation CO2 emissions
In 2019 the so-called Climate Agreement was concluded in the Netherlands. One of the commitments is to reduce annual CO2 emissions from work-related passenger mobility by at least 1.5 megatons by 2030. The agreement was further elaborated in the decree "CO2 reduction from work-related passenger mobility".
News
18 July 2023
The restructuring plan under the WHOA
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 as set out in a restructuring plan. Such a restructuring plan can be submitted to the court for ratification (homologatie). After ratification of the restructuring plan, all affected creditors or shareholders are bound by the terms of the plan.
News
12 July 2023
Upcoming Seminar | Dutch litigation: several things to know and practical tips for Chinese companies in case of disputes in the Netherlands
On September 7, 2023, at 16:00, HEUSSEN will hold a seminar on how to deal with legal disputes that Chinese companies in the Netherlands may face. Herman Ruiter, Luuk Rietveld and Dr. Yihua Chen will discuss the Dutch court system and litigation. In addition, the seminar will also explore the Dutch litigation procedures and enforcement of court judgments, alternative dispute resolution methods, and how Chinese companies in the Netherlands can better protect their interests and mitigate their legal risks.
News
5 June 2023
Earlier clarity on reintegration obligations for small and medium-sized employers
Recently the Minister of Social Affairs and Employment announced several intended legislative amendments. One of the proposed amendments concerns the possibility for small and medium-sized employers (up to 100 employees) – after the first year of illness – to enter into mutual agreement with their ill employees to finalize reintegration in the first track, if this reintegration no longer seems appropriate. In concrete terms, this means that in such cases, the ill employee will no longer be required to reintegrate back to work with the help of the employer in order to resume his/her duties within the current organization.
News
3 April 2023
PROVISIONALLY ENFORCEABLE JUDGMENT
Legal proceedings usually end with a judgment. If the judgment is not voluntarily complied with, the bailiff can enforce the judgment. The bailiff then proceeds with the execution of the judgment. The enforcement of a judgment is suspended in the event that the party against whom judgment has been given lodges an ‘ordinary legal remedy’ (opposition (verzet), appeal (hoger beroep) or cassation (cassatie)), unless the judgment has been declared provisionally enforceable. In practice, a significant number of judgments are declared provisionally enforceable. What exactly does this mean and what are the (im)possibilities when a judgment has been declared provisionally enforceable and the execution of the judgment has already begun?
News
13 March 2023
Eenzijdige opzegging van lopende overeenkomsten onder de WHOA.
De Wet Homologatie Onderhands Akkoord (hierna: WHOA) maakt het voor een onderneming die in financieel zwaar weer verkeert makkelijker om met haar schuldeisers en aandeelhouders rond de tafel te gaan zitten en afspraken te maken om haar schuldenlast te verlichten. De WHOA biedt verschillende instrumenten voor een effectieve herstructurering van de onderneming, zoals de eenzijdige opzegging van lopende overeenkomsten.
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