Legal articles

Virtual general meeting option to be further extended to 1 December 2020

The Dutch government’s emergency bill on coronavirus-related matters includes temporary facilities to mitigate the impact of the coronavirus outbreak on various aspects of Dutch society. For Dutch companies, the bill contains measures aimed at helping organise and time general meetings amidst the coronavirus pandemic, including the option of holding virtual meetings.   On 18 September 2020,...

Dutch 2021 budget increases tax burden on large corporate taxpayers

On 15 September 2020, the Dutch government published its 2021 budget. The tax measures in the 2021 budget were largely as anticipated and, where corporate taxes are concerned, will generally result in an increase of the tax burden experienced by multinational businesses.   Two further initiatives were announced. One is a proposed bill that will change the arm’s length principle. Under t...

No ticking time-bomb under Dutch wind farms

A recent judgment of the European Court of Justice in a Belgian case has prompted suggestions that all Dutch windfarms are illegal due to violations of EU law. Time for an overview of the truths and untruths about the impact of this case law for the Netherlands: is there truly a “time bomb” ticking under the Dutch wind farms? We’re not convinced....

Dutch competition authority first to give provisional view on sustainability initiatives

The Paris agreements require a substantial reduction in greenhouse gas emissions, and society as a whole – businesses and citizens alike – will have to contribute to these goals. Consequently, companies are taking their corporate social responsibility (CSR) plans seriously and try to support sustainability, or at least pollute less. However, when undertakings jointly pursue sustainability obje...

Cash is king – how the Dutch financing market is dealing with the impact of Covid-19

Over the past few months, the COVID-19 pandemic has severely affected the world economy. During the financial downturn, companies in the Netherlands have been busy ensuring adequate levels of liquidity and cash flow through a variety of sources. Where some companies opted for government support schemes – in particular the Dutch business finance guarantee scheme known as “GO-C”– oth...

Cumulative ground for termination – does it ease rules on dismissal?

It has been eight months since the Labour Market in Balance Act introduced the option for employers to combine various grounds for legally dismissing employees. Allowing this “cumulative” ground was expected to make termination of an employment agreement easier, but emerging case law on the matter shows that courts apply the new ground restrictively. Termination on the basis of the sin...

Focus on sustainability – looking at 2020 so far

Sustainability interests and environmental, social and governance (ESG) factors have become mainstream and are an increasing area of attention for companies. Recent developments, in particular the COVID-19 pandemic and the rise of the BLM movement, cast more light on corporate resilience, purpose and responsibility and on companies’ impact on their stakeholders, the wider society and the env...

Dutch companies to provide shareholders with voting confirmation

The second part of the Dutch implementation of the revised Shareholders Rights Directive (SRD) is in effect as of 3 September 2020. See here for our earlier reporting on the implementation.   Dutch listed companies should ensure, together with their listing agent, that they can provide shareholders with the required confirmations that their votes have been cast and recorded. In this context, ...

Landmark ruling on validity of personal data transfer mechanisms

On 16 July 2020, the Court of Justice of the EU delivered one of the most anticipated decisions on data protection, ruling on the validity of standard contractual clauses. These clauses are widely used legal instruments for transferring personal data outside the European Economic Area (EEA). The court held that the clauses are valid, but that data protection authorities in the EU can prohibit or s...

New legal entity for social entrepreneurs to be introduced in the Netherlands

On 10 July 2020, the Dutch government announced plans to introduce the BVm (maatschappelijke BV) in Dutch corporate law. The BVm will be a new private legal entity for social entrepreneurs which are active in addressing societal issues regarding energy, climate, healthcare, education, safety or labour force participation. The details of the legal framework for the BVm will be published before the ...
We keep track of you on our site with cookies, in order to offer the basic functionality of the website and generate user statistics on an anonymous basis to make our website more user-friendly. We do not use or share your data with third parties for advertising purposes.