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17 maj 2019

The scope of the reinstatement requirement (“herplaatsingsvereiste”) in international context following the ‘Expat/Shell’ decision of the Supreme Court

The Supreme Court provided some clarity in its Expat/Shell decision of 18 January 2019. In our article which was published in the May 2019 edition of the professional journal ‘ArbeidsRecht’. We have indicated the significance of this decision for the employment law practice in the Netherlands.

Further information as PDF

Ni kan ta kontakt med: Suzanne Gerritse

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29 april 2019

Guyana party of apostille convention as of 18 April 2019

As of 18 April 2019 documents issued in the Netherlands for legal purposes in the Co-operative Republic of Guyana (“Guyana”) and requiring legalization do no longer have to be legalised by the District Court, the Ministry of Foreign Affairs and the Embassy/Consulate of Guyana. 

Ni kan ta kontakt med: Mandisa Benjamin

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24 april 2019

BILL REGARDING UBO-REGISTER SUBMITTED TO THE LOWER HOUSE

On 4 April 2019 a legislative proposal for the "Act on the registration of ultimate beneficial owners of companies and other legal entities" (hereinafter: the "Bill") was submitted to the Lower House of Dutch Parliament. The Bill introduces a public UBO-register in which the ultimate beneficial owners of companies and other legal entities established in the Netherlands must be registered.

Ni kan ta kontakt med: Joyce M. Kempers

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17 april 2019

Not terminating a dormant employment contract is in violation with good employment practices

The court in The Hague recently ruled that continuing a dormant employment contract may constitute a violation of good employment practices.

Ni kan ta kontakt med: Suzanne Gerritse

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17 april 2019

License requirement for virtual currency service providers

Pursuant to a legislative proposal which implements the Fifth Anti-Money Laundering Directive in the Netherlands and amends the Dutch Anti-Money Laundering and Anti-Terrorist Financing Act (Wet ter voorkoming van witwassen en financieren van terrorisme (Wwft)) currently in force in the Netherlands, virtual currency service providers may need a license for the offering of their crypto services.

Ni kan ta kontakt med: Sandy van der Schaaf

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12 april 2019

Heussen proud of another Legal500 recommendation

L500 emea top tier firms 2019

HEUSSEN has again been ranked in the Legal500 EMEA 2019 edition. In addition to being 'very responsive, pragmatic, and deal-driven', Heussen is identified as 'a very internationally oriented law firm working to the highest quality standards' and its foreign desks are considered 'a big plus' by clients.

We are very proud of the recommendations and would like to thank our clients and peers for their recommendations.

Ni kan ta kontakt med: Paul A. Josephus Jitta

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5 april 2019

Dutch legal succession planning tools for family owned businesses

The owners of family businesses sooner or later need to decide on either succession planning within the family or the sale of the family business to a third party.

In quite a number of jurisdictions no legal tools exist within the company law provisions that allow the facilitation of the succession and the safeguarding of the family owned nature of the businesses.

Dutch corporate law provides several practical and sophisticated legal tools to help facilitate the continuation of family businesses over the following generations. 

Ni kan ta kontakt med: Ernst (G.E.H.) ter Braak

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28 mars 2019

Chambers Global and Chambers Europe recommendation

Heussen is proud to again having received a Chambers Global and Chambers Europe recommendation for its corporate M&A partner Paul A. Josephus Jitta. According to Chambers & Partners, Paul is praised by clients for his 'good knowledge and commercial feel' and is described by another source as 'very responsive, pragmatic and deal-driven'.

Ni kan ta kontakt med: Paul A. Josephus Jitta

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18 mars 2019

Status update on the modernisation of Dutch corporate law

On 20 December 2018, the Minister of Legal Protection sent an update letter concerning the ongoing modernisation of Dutch corporate law to Parliament. In this news update we will summarize the six subjects of the update letter.

Ni kan ta kontakt med: Iris E.L. Hanssen

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15 mars 2019

Stricter legislation for trust companies

On January 1, 2019, the Dutch Trust Companies (Supervision) Act 2018 (TCSA 2018) entered into force. In this Act, which replaces the Trust Companies (Supervision) Act from 2004, stricter rules for Trust Companies have been included.

Ni kan ta kontakt med: Stef T. van Heezik

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15 februari 2019

Bill Transparency Social Organisations

On 21 December 2018, the bill on Transparency of Social Organisations (hereinafter: the "bill") was submitted for consultation. The bill obliges social organisations, including foundations and associations, to publish large financial donations received. In addition, the bill obliges foundations to disclose financial information.

Ni kan ta kontakt med: Dominique Grotegoed

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13 februari 2019

MARCH 2019 DUTCH DRAFT 'ACT ON REGISTRATION OF ULTIMATE BENEFICIAL OWNERS OF COMPANIES AND OTHER LEGAL ENTITIES'.

In March 2019, the Dutch draft 'Act on registration of ultimate beneficial owners of companies and other legal entities' will be published. Our finance minister W.B. Hoekstra informed the Parliament about the publication of the draft act in a letter with a time table for this year as an appendix (dated 18 December 2018).

Ni kan ta kontakt med: Mandisa Benjamin

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28 januari 2019 - Book release

Martijn Koot and Sandy van der Schaaf contributed the The Netherlands chapter to the fifth 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. 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 fifth edition of The Acquisition and Leveraged Finance Review, which is available as enclosed PDF.

Further information as PDF

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24 januari 2019

New Government proposes changes in employment law (update)

In this newsletter, we will first elaborate on the new Bill on the Labour Market in Balance Act (WAB), which has been submitted on 7 November 2018 to Parliament. Most of the previously reported plans as described in our newsletter are outlined in this Bill, together with some newly proposed measures. In addition, we will briefly discuss the status of the previous reported plans that have not returned in this Bill.

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18 januari 2019

HEUSSEN ADVISES RTL VENTURES ON THE ACQUISITION OF A MINORITY STAKE IN THE COOPERATION BETWEEN LIVIS AND INCASE

Heussen (Paul A. Josephus Jitta and Suzanne S. Beijersbergen) assisted RTL Ventures, being the 100% shareholder of Livis, with the acquisition of a minority stake in the merged companies Livis and Incase B.V.

Ni kan ta kontakt med: Paul A. Josephus Jitta

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14 januari 2019

HEUSSEN ADVISED KIDSFOUNTATION WITH THE ACQUISITION OF KINDERCENTRUM BELLE FLEUR

HEUSSEN assisted KidsFoundation with the acquisition of Kindercentrum Belle Fleur. With this acquisition, KidsFoundation expands its activities in the Dutch child care business.

Ni kan ta kontakt med: Paul A. Josephus Jitta

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7 januari 2019

HEUSSEN ADVISES KEULEN ONROERENDE ZAAK NUTH B.V. AND FRANCKEN FOOD B.V. WITH THE SALE TO DGS GROUP B.V.

Heussen (Paul A. Josephus Jitta and Ernst (G.E.H.) ter Braak) assisted Keulen Onroerende Zaak Nuth B.V. and Francken Food B.V., inter alia known for ‘‘Lekker uit Limburg’’ and ‘‘Streeckgenoten’’, with the sale to DGS Group B.V. (Group of Butchers).

Ni kan ta kontakt med: Paul A. Josephus Jitta

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4 januari 2019

NETHERLANDS COMMERCIAL COURT KICKS OFF

gerechtsgebouw 20190104

As per the 1st of January 2019, the Netherlands Commercial Court (NCC) was created. This introduces English-language dispute resolution in the Netherlands government court system. The NCC is set up as a specialized chamber within the Amsterdam court. According to the NCC it is “well positioned to swiftly and effectively resolve international business disputes”.

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28 november 2018

Compensation for transition payment in 2020? Make sure your administration is in order and pay attention to the time frames.

On 10 July 2018 the Upper House of Parliament approved the legislative proposal that regulates a compensation for the statutory severance compensation, referred to as ‘transition compensation’, paid by employers to employees in the event of dismissal due to long-term incapacity for work.

Ni kan ta kontakt med: Suzanne Gerritse

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