Netherlands

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Amendments Dutch Financial Regulatory Law 2015 / Wijzigingen Nederlandse toezichtregelgeving

Amendments Dutch Financial Regulatory Law 2015 On 19 December 2014, the final version of the Financial Amendment Decree 2015 (the ''Amendment Decree 2015'') was published. The final Financial Markets Amendment Act 2015 (the "Am ...

Resource Article - abi_admin - 01/21/2015 - 11:27 - 0 comments - 0 attachments

Consultation Dutch Implementation Act European Intervention framework / Consultatie Implementatiewet Europees interventiekader

On 21 November 2014 the draft Dutch Implementation Act for the European Framework for the Recovery and Resolution of Banks and Investment Firms (the " Implementation Act ") and draft guidelines were published for public consultation purposes. ...

Resource Article - abi_admin - 01/21/2015 - 11:23 - 0 comments - 0 attachments

The Dutch approach to combating bankruptcy fraud

In 2012 the Minister of Security and Justice of The Netherlands announced a recalibration of the Dutch Insolvency Law, especially a multi-disciplinary approach to combat bankruptcy fraud. This announcement has led to several initiatives in practice, for ...

Resource Article - abi_admin - 01/21/2015 - 11:16 - 0 comments - 1 attachment

Dutch Sportscar Maker Spyker Declared Bankrupt

Dutch sportscar maker Spyker, one-time owner of Sweden's Saab, declared bankruptcy on Thursday, after failing to secure a critical bridging loan it had hoped would help it refinance and restructure, Reuters reported. The company, formed in 2000 to r ...

Daily Headline - global.abi.org - 12/18/2014 - 22:18 - 0 comments

Today: start of ECB banking supervision/Vanaf vandaag: ECB-toezicht op banken

Introduction As of today, Tuesday 4 November 2014, the Single Supervisory Mechanism (the "SSM") will be in effect. From now on, all banks established in a Euro Member State will be subject to prudential supervision by the European Centr ...

Resource Article - abi_admin - 12/12/2014 - 09:09 - 0 comments - 0 attachments

Supreme Court reaffirms high treshold for directors' personal liability

Under Dutch law, there is a high threshold for holding company directors personally liable. As long as a director is acting in that capacity, serious culpability (as opposed to merely ordinary culpability) is generally required. The high threshold is int ...

Resource Article - abi_admin - 12/12/2014 - 09:05 - 0 comments - 0 attachments

Rabobank Decision - Special Duty of Care

by DLA Piper - Paul Hopman, Partner and Judith Atema, Senior Associate The duty of care of banks has been a hot topic in the Netherlands for quite some time. Although under Dutch law all contract parties have a regular duty of care towards each o ...

Resource Article - abi_admin - 12/11/2014 - 16:28 - 0 comments - 0 attachments

Good news for lenders in the Netherlands

Introduction On 1 October 2012, the financial assistance prohibition for BVs (private companies with limited liability) was repealed. Under the new regime, a BV is in principle free to provide financial assistance to third parties for the acquisi ...

Resource Article - abi_admin - 12/11/2014 - 15:29 - 0 comments - 0 attachments

Executory contracts in Dutch bankruptcy law: a bankruptcy trustee is not allowed to "actively" default

Supreme Court of the Netherlands 11 July 2014 (ABN AMRO vs Berzona) If a creditor wishes to have a debtor declared bankrupt in the Netherlands, Dutch law requires proof that the debtor has ceased paying his debts when they fall due. This test imp ...

Resource Article - abi_admin - 12/11/2014 - 15:15 - 0 comments - 0 attachments

Dutch Sports-Car Maker Spyker Files for Restructuring

Dutch sports-car maker Spyker NV said Tuesday it has filed for a financial restructuring in a Dutch court, seeking protection from creditors as it tries to resolve liquidity problems, The Wall Street Journal reported. In a statement, the company said ...

Daily Headline - global.abi.org - 12/02/2014 - 22:54 - 0 comments

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