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.
お問い合わせ: Christina F.J. Oudakker
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.
お問い合わせ: Bart Pott
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.
お問い合わせ: Luuk Rietveld
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.
お問い合わせ: Martina F.M. Priekaar
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.
お問い合わせ: Sandy van der Schaaf