Hem

7 april 2020

Emergency bill for holding virtual general meetings in the making

On 3 April 2020, the Council of Ministers announced emergency legislation that will make it possible for all legal entities to hold a virtual general meeting. 

Ni kan ta kontakt med: Thijs L. Butter

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6 april 2020

M&A and COVID-19: Due diligence investigation during and after the times of the coronavirus

Conducting a proper due diligence investigation is a key step in the process of an acquisition. What specific considerations should be taken into account when conducting a due diligence investigation during or shortly after the coronavirus crisis?

Ni kan ta kontakt med: Suzanne S. Beijersbergen

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6 april 2020

ROADMAP APPLICATION TEMPORARY EMERGENCY BRIDGING MEASURE FOR JOB RETENTION (NOW)

A roadmap for application for the temporary emergency bridging measure for job retention (NOW)

Ni kan ta kontakt med: Niels van Gelder

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3 april 2020

REMINDER: AS FROM 1 APRIL 2020, COMPENSATION CAN BE CLAIMED FROM THE UWV FOR THE STATUTORY TRANSITION ALLOWANCE PAID TO AN ILL EMPLOYEE.

If the employment contract of an ill employee is terminated after the mandatory period of 104 weeks during which an entitlement to continued payment of salary has lapsed, the employee will be entitled to a statutory transition allowance (“transitievergoeding”). As of 1 April 2020, employers may claim compensation for statutory transition allowance paid to its ill employees. 

Ni kan ta kontakt med: Suzanne Gerritse

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3 april 2020

Commercial contracts and the COVID-19 outbreak: when is reliance on force majeure successful?

What if, as a result of the corona crisis, you are unable to meet your contractual obligations, such as supplying goods to your customers? Can your customers claim compensation from you on that basis, or can you successfully invoke force majeure? And what are the consequences if such an appeal is successful?

Ni kan ta kontakt med: Stef T. van Heezik

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2 april 2020

DETAILS OF TEMPORARY EMERGENCY BRIDGING MEASURE FOR JOB RETENTION ("NOW") ARE PUBLISHED

Recently the Government published the details of the NOW. The purpose of the NOW is to support employers by means of a subsidy to keep their employees employed as much as possible. In the event of a loss in turnover of at least 20%, the employer will receive a subsidy for wage costs for three months the amount of which is proportionate to the loss in turnover. It is expected that the subsidy can be applied for as of 6 April 2020. The application period runs until 31 May 2020.

Ni kan ta kontakt med: Sam E.J.M. van Well

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1 april 2020

M&A and COVID-19: Purchase price mechanisms in times of the coronavirus

The consequences of the coronavirus (Covid-19) are also noticeable within the Dutch M&A practice. The central question in this article is how the buyer of a company should deal with the future uncertainties of the current crisis. To what should the buyer pay extra attention, and are there ways to limit the future uncertainty for the buyer as much as possible?

Ni kan ta kontakt med: Rens M.R. Berrevoets

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27 mars 2020

SANDY VAN DER SCHAAF CONTRIBUTED THE “NETHERLANDS” SECTION TO THE CRYPTOASSETS REPORT BY BURGES SALMON.

Sandy van der Schaaf, senior associate in our banking and finance practice has contributed the “Netherlands” section to the report ‘Cryptoassets: A UK and European perspective on the regulation of cryptoassets ’by Burges Salmon. 

Ni kan ta kontakt med: Sandy van der Schaaf

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27 mars 2020

Update on the Temporary Emergency Bridging Measure for Sustained Employment (“NOW”)

The Tax and Customs Administration urges employers that will apply for a compensation of wage costs on the basis of the NOW to submit their (monthly) payroll tax return quickly if they have not already done so. Reason for this is that the UWV will need this information when processing the NOW-application.

Ni kan ta kontakt med: Sam E.J.M. van Well

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26 mars 2020

COVID 19 - HEUSSEN information

Our office is currently closed to the public, but we will continue to offer our services from our home office and virtually as much as possible, but in any case with the same quality. Your questions on the subject of "Corona and your company" have been given special priority. You will find up-to-date information on our website.

Ni kan ta kontakt med: Nils E.W. van Dijkman

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20 mars 2020

New measures to protect jobs and economy in times of corona crisis

On 17 March 2020, the Dutch Government presented the emergency package for jobs and the economy, containing far-reaching measures aimed at "protecting not only our health, but also jobs and income and cushioning the consequences for self-employed persons, SME entrepreneurs and large companies. In this article, I will present a brief overview of the measures presented by the Dutch Government.

Ni kan ta kontakt med: Rens M.R. Berrevoets

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18 mars 2020

NOT ILL BUT ABSENT FROM WORK: TO WHAT EXTENT IS THERE AN OBLIGATION TO CONTINUE TO PAY WAGES IN THE EVENT OF ABSENCE IN CONNECTION WITH CORONA?

thermometer

Recent developments raise the question of whether and to what extent there is an obligation to continue to pay wages if the employee is not ill but still does not want to or cannot appear at work. In the following, a number of situations will be discussed, together with the corresponding form of leave if applicable.

Ni kan ta kontakt med: Sam E.J.M. van Well

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18 mars 2020

INTRODUCTION OF TEMPORARY EMERGENCY BRIDGING MEASURE FOR JOB RETENTION: A SIGNIFICANT REDUCTION IN LABOUR COSTS OF DUTCH EMPLOYERS AFFECTED BY CORONA

crisis

Last night, the Dutch Government announced an even more comprehensive compensation regulation. As a result, it is no longer possible to apply for the reduction of working hours permit. Applications that have already been submitted will be dealt with under the new scheme.

Ni kan ta kontakt med: Sam E.J.M. van Well

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3 mars 2020

Employers in the Netherlands can save on labour costs in case of less work due to coronavirus

mondkapje

The Dutch Cabinet has classified the coronavirus as an exceptional circumstance that does not fall under the normal entrepreneurial risk. This means that Dutch companies coping with financial problems as a result of the spread of the coronavirus can apply for a short-time working permit at the Ministry of Social Affairs and Employment. By means of a reduction in working hours, non-worked hours are paid by the UWV (“Uitvoeringsinstituut Werknemersverzekeringen”) as unemployment benefit (“WW-uitkering”).

Ni kan ta kontakt med: Sam E.J.M. van Well

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2 mars 2020

Heussen’s M&A lawyer Suzanne Beijersbergen first place on the list of female dealmakers in the Netherlands

Suzanne Beijersbergen was involved in 19 deals during 2019, and consequently listed no. 1 in the list of female dealmakers who were most involved in M&A transactions published by M&A Community. Suzanne assisted various clients in our international network, including ZetaDisplay and Anticimex.

Ni kan ta kontakt med: Suzanne S. Beijersbergen

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24 februari 2020

Bill on the management and supervision of legal entities adopted by Lower House of Parliament

On 28 January 2020, the Lower House of Parliament adopted the proposal to amend the Dutch Civil Code in connection with the standardization and clarification of certain provisions concerning the management board and the supervisory board of legal entities (Management and Supervision of Legal Entities Act). 

Ni kan ta kontakt med: Mandisa Benjamin

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28 januari 2020

HEUSSEN Introduces Labour Market in Balance Act to Chinese Enterprises

In the afternoon of 16 January, the second seminar series for the 10th anniversary of HEUSSEN China practice was kicked off in Amsterdam. Partner specialized in employment law, Nils van Dijkman, and associate, Sam van Well, together with Head of China Practice Wendy Liu introduced the main amendments of the new Labour Market in Balance Act (“WAB”) to the participating Chinese enterprises.

 

Ni kan ta kontakt med: Wendy Liu

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21 januari 2020

The Supreme Court rules on the unilateral amendment of employment conditions by the employer

In principle, an employer can unilaterally (i.e. without the employee’s consent) amend the terms and conditions of employment in two manners. The second option - the unilateral amendment of terms and conditions of employment by means of an agreed unilateral amendment clause - was recently the subject of a ruling of the Supreme Court.

Ni kan ta kontakt med: Sam E.J.M. van Well

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13 januari 2020

Interpreting articles of association of a joint venture company: objectively or subjectively?

The articles of association of a company form the basic rules of the company. In many cases, the relevant statutory provisions are followed when drawing up the articles of association, but in other cases the statutory provisions are deviated from. The meaning to be assigned to a provision in articles of association depends on how the provision is to be interpreted.

Ni kan ta kontakt med: Tim B. Schreuders

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13 januari 2020

MARTIJN KOOT AND SANDY VAN DER SCHAAF CONTRIBUTED THE "THE NETHERLANDS" CHAPTER TO THE SIXTH EDITION OF THE ACQUISITION 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. Martijn Koot, partner in our banking and finance practice and in our corporate law practice and Sandy van der Schaaf, senior associate in our banking and finance practice contributed the “The Netherlands” chapter to the sixth edition of The Acquisition and Leveraged Finance Review.

Further information as PDF

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8 januari 2020

The Loser Pays (Everything?)

A commonly raised question – especially in the international commercial practice – is how litigation costs are dealt with in the Netherlands. In other words: can the prevailing party recover all incurred costs from the losing party?

Ni kan ta kontakt med: Herman Ruiter

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27 december 2019

Bill to introduce the UBO-register adopted by the Lower House of Parliament.

On 10 December last, the Lower House of Parliament approved the bill for the introduction of the UBO-register (the bill entitled "Implementation Act for Registration of ultimate stakeholders of companies and other legal entities"). However, entry into force of the Act can only take place after approval of the bill by the Senate, where it is currently still being debated. The originally planned entry into force at the beginning of January 2020 will therefore not be achieved. The UBO-register is expected to be introduced in the spring of 2020.

Ni kan ta kontakt med: Dominique Grotegoed

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24 december 2019

HEUSSEN ADVISES ANTICIMEX WITH THE ACQUISITION OF THE ACTIVITIES OF SGS PEST CONTROL AND FUMIGATIONS.

HEUSSEN assisted Anticimex with the acquisition of the pest control activities of SGS Pest Control and Fumigations in the Netherlands, Belgium and Luxembourg.

Ni kan ta kontakt med: Paul A. Josephus Jitta

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23 december 2019

Employers beware: pay a lower WW-contribution as of 1 January 2020

On 1 January 2020 the Balanced Labour Market Act (Wab) will come into force. One of the measures is an Unemployment Insurance Contributions (hereinafter ‘WW-contribution’) Differentiation based on the type of employment contract. In short, this means that from 1 January 2020 an employer will pay a low WW-contribution on the salary of an employee with a permanent contract and a high WW-contribution on the salary of an employee with a fixed-term contract.

Ni kan ta kontakt med: Suzanne Gerritse

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16 december 2019

HEUSSEN organized an “Investment in the Netherlands and Cross-border M&A Seminar” for a Shanghai Delegation

HEUSSEN was honored to be able to share information and experience on investment in the Netherlands and cross-border M&A with companies and friends from Shanghai.

Ni kan ta kontakt med: Wendy Liu

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15 november 2019

CONTRACTING POST-BREXIT

Contracting post brexit

From a legal point of view, quite a few things change after Brexit. But what will Brexit particularly mean for existing contracts and the parties to these contracts from a Dutch legal perspective? At the moment it is still unclear what exactly will change with respect to contracts, but it is to be expected that uniformity, predictability and (legal) certainty will be lost in part.

Ni kan ta kontakt med: Luuk Rietveld

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7 november 2019

The benefit of a non-competition clause in a business sale and purchase agreement

Recently, the district court Oost-Brabant ruled in a preliminary relief case on a matter concerning a former owner of a company (who sold its business) who performed activities which qualified as competing activities with the activities of the sold business.

Ni kan ta kontakt med: Suzanne S. Beijersbergen

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17 oktober 2019

The 2019 The Hague Judgments Convention: a game changer in International dispute resolution

On Tuesday 2 July 2019, the Hague Conference on Private International Law (HCCH) finalized a new treaty on enforcement of judgments: the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, or the 2019 The Hague Judgments Convention.

Ni kan ta kontakt med: Rens M.R. Berrevoets

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14 oktober 2019

DUTCH CHILD LABOUR ACT: HAVE YOU CHECKED YOUR SUPPLY CHAIN?

Smiling children

On 14 May 2019, the Dutch Senate adopted a bill to combat child labour (hereafter: the Child Labour Act (Wet Zorgplicht Kinderarbeid)). On the basis of this Act, any company that sells goods to Dutch end-users must exercise due care in order to prevent those goods from being composed using child labour. Under the Child Labour Act company directors can even be prosecuted under criminal law.

Ni kan ta kontakt med: Herman Ruiter

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