News
28 November 2022
Prohibition of ipso facto-clause under the WHOA (the Dutch Scheme)
On 1 January 2021, the Court Approval of a Private Composition (Prevention of Insolvency) Act (Wet Homologatie Onderhands Akkoord or WHOA) entered into force. By introducing a “Dutch Scheme”, the WHOA makes it easier for a company in financial distress to get its creditors and shareholders to the negotiation table in order to agree upon a reduction of its debt burden. To that end, the WHOA provides several tools to facilitate the process and protect the interests of various stakeholders, such as the prohibition of ipso facto clauses.
News
3 November 2022
Ill due to an excessive workload: entitled to damages?
On 8 September 2022 the Court of Appeal of 's-Hertogenbosch awarded an ill employee damages amounting to EUR 28,155.36 gross. The employee in question had been working as a caregiver in a residential care centre for the elderly since 1 September 2007, where she performed care duties, solely/mainly during the night. She initially performed these care tasks together with a care assistant. From June 2016 she had to perform these care tasks by herself, without a care assistant. Due to the resulting excessive workload, the employee eventually became ill. Resumption of her own work turned out to be impossible. After 104 weeks of illness, the employer requested and received permission (from the UWV) for termination of the employment contract, following which the employment contract was terminated on 1 November 2021.
News
27 September 2022
HEUSSEN RANKED IN THE IFLR1000 ONCE AGAIN
HEUSSEN is proud to announce that it has been ranked in two practice areas in the IFLR1000 2022 edition. 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
5 September 2022
Security for legal costs by foreign parties
Legal proceedings often end with a verdict and an order for costs. The default rule is that the "loser" of the legal proceedings shall pay such legal costs. In legal proceedings involving two Dutch parties, enforcement of a verdict – and with that also the payment of the order to pay the costs – seldom poses a problem (unless the losing party has no recourse). That would be different if the losing party is domiciled abroad. If a foreign party loses legal proceedings in the Netherlands, this may cause enforcement issues, especially when no enforcement treaty applies between the Netherlands and the losing party’s country.
News
16 August 2022
Update: Bill on the security screening of investments, mergers and acquisitions
In previous news items, I have discussed the bill on the security screening of investments, mergers and acquisitions (the Vifo Act). In my news item of 22 September 2021 I reported that the Vifo Act, together with the explanatory memorandum, had been submitted to the Lower House on 30 June 2021. On 19 April 2022, the Vifo Act was adopted by the Lower House and on 17 May 2022, the Vifo Act was passed by the Senate.
News
8 August 2022
(Partially) paid paternal leave as of 2 August 2022
On 2 August 2022, the Paid Parental Leave Act entered into effect. This regulation allows parents with an employment contract to take (partially) paid parental leave for a period of 9 out of the total of 26 weeks of parental leave. The condition is that the paid parental leave is taken during the first year of the child’s life.
News
20 July 2022
The Bill Working Wherever you Want approved by the Lower House of Parliament
On January 27th 2021, 2 political parties (D66 and Groenlinks) submitted the Bill Working Wherever you Want. This Bill has now been approved by the Lower House of Parliament. The Bill intends to facilitate employees in being able to enforce (partially) working from home. After all, research has shown that a majority of people working from home during the corona crisis have experienced this as pleasant, while there are still employers who require their employees to come to the office, despite working from home being an option.
News
4 July 2022
Extension of the duty to inform at commencement of the employment contract
On 20 June 2019 the European Directive on Transparent and Predictable Employment Conditions ("the Directive") was adopted. As the Directive must be integrated in the Dutch legal system by 1 August 2022, a legislative proposal was submitted to Parliament last year. The legislative proposal was adopted by the Senate on 21 June 2022. Based on this new legislation, the existing non-exhaustive list of subjects in respect which the employer has to inform the employee in writing or electronically will be extended.
News
27 June 2022
May an employer grant a different salary increase to employees who perform the same duties?
According to a ruling by the Den Bosch Court of Appeal on 29 March 2022, this question can be answered in the affirmative in the present proceedings.
News
13 June 2022
HEUSSEN RANKED IN THE LEGAL 500 ONCE AGAIN
HEUSSEN is proud to announce that it has been ranked in three practice areas in The Legal 500 EMEA 2022 edition. The Legal 500 is a leading independent international legal directory providing information on law firms across the globe on the basis of comprehensive research and client feedback every year.
News
12 May 2022
TIM SCHREUDERS AND RENS BERREVOETS CONTRIBUTED TO THE FIFTH EDITION OF LEXOLOGY GETTING THE DEAL THROUGH – JOINT VENTURES
Lexology Getting The Deal Through provides international expert analysis in key areas of law, practice and regulation for corporate counsel, cross-border legal practitioners, and company directors and officers. Throughout the fifth edition of Joint Ventures and following the Lexology Getting The Deal Through format, the same key questions are answered by leading practitioners in each of the jurisdictions featured.
News
5 April 2022
WHOA: Preventive restructuring in the Netherlands
More than a year ago, the Court Approval of a Private Composition (Prevention of Insolvency) Act (Wet Homologatie Onderhands Akkoord or WHOA) entered into force. The WHOA makes it easier for a company in financial distress to get its creditors and shareholders to the negotiation table in order to agree upon a reduction of its debt burden. The WHOA introduces a Dutch scheme of arrangement, being a procedure with which the bankruptcy of the company and its negative consequences can be averted. Since the WHOA entered into force the court already ratified 13 arrangements and therefore avoided imminent bankruptcies.
News
14 March 2022
Employers beware: as of 1 August 2022, the side activities-clause may be null and void
On 20 June 2019 the European Directive on transparent and predictable employment conditions ("the Directive") was adopted. Among others, this Directive contains minimum requirements for employment conditions including the possibility to engage in side activities. As the Directive must be part of the Dutch legal system by 1 August 2022, a legislative proposal was recently submitted to Parliament.
News
2 March 2022
Introduction of UBO register in the Netherlands
On 27 September 2020, a UBO register was introduced in the Netherlands. The introduction of the UBO register is based on the implementation act pursuant to which the EU Fourth and Fifth Anti Money Laundering (AML) Directives have transposed into Dutch legislation (the Implementation Act).
News
28 February 2022
FACTUURFRAUDE: VOORKOM DAT U DE PRIJS BETAALT
Factuurfraude is door de digitalisering een steeds prominentere vorm van criminaliteit. Uit cijfers van het CBS blijkt dat 90% van de gedupeerden ook daadwerkelijk hun geld kwijt is: niets meer aan te doen dus. Of toch wel? In deze blog leggen we uit dat u als gedupeerde niet altijd met de eindrekening blijft zitten.
News
25 February 2022
オランダUBO (最終受益者) 登録義務について
2020年9月27日に、オランダの法人はオランダ商工会議所のUBO登録簿にUBO情報を登録することが義務付けられました。2022年3月27日までは、新規設立の法人のみUBO情報登録が義務付けられていましたが、2022年3月27日以降、既存の法人についての18ヵ月の猶予期間消滅に従い、すべてのオランダ法人にUBO登録簿にUBO情報を登録する義務が課せられます。
News
24 January 2022
MARTIJN KOOT AND SANDY VAN DER SCHAAF CONTRIBUTED THE THE NETHERLANDS CHAPTER TO THE EIGHTH EDITION OF THE ACQUISTION AND LEVERAGED FINANCE REVIEW
The Acquisition and Leveraged Finance Review, one of the guides of The Law Reviews, published by Law Business Research Limited, provides a business-focused legal analysis of and insight in the acquisition and leveraged finance practice in key jurisdictions worldwide.
News
20 January 2022
HEUSSEN and Liesker Procesfinanciering work together
HEUSSEN has entered into a strategic cooperation with Liesker Procesfinanciering, the market leader in the Dutch legal market in the field of litigation financing. This cooperation offers clients of HEUSSEN the possibility to have a promising lawsuit financed by Liesker.
News
20 January 2022
Dutch Supreme Court provides clarity on rent reductions for commercial properties due to Corona measures
On 24 December 2021, the Supreme Court ruled on the possibility for lessees of business premises as meant in Section 7:290 of the Dutch Civil Code to claim a rent reduction by invoking unforeseen circumstances as a result of corona measures imposed by the government.
News
14 January 2022
New civil-law notary at HEUSSEN Attorneys and Civil Law Notaries
As of 1 January 2022, Oscar W.J. Hoefnagels (1972) will join HEUSSEN Attorneys & Civil Law Notaries, where he will head the notary practice. Oscar is specialised in (international) corporate law and has more than 20 years of experience, mainly gained at an international law firm. Oscar's knowledge and experience fit seamlessly into the (international) corporate law practice of HEUSSEN. Oscar will succeed Juliëtte Schueler.
Contact
