Netherlands

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Supreme Court renders groundbreaking decision on partnership bankruptcies

In Dutch case law it has long been held that the bankruptcy of a Dutch partnership automatically entails the bankruptcy of each of the partners. In a decision that explicitly breaks with previous case law, the Dutch Supreme Court found on 6 February 20 ...

Resource Article - twallace@abiwor... - 02/18/2015 - 13:50 - 0 comments - 0 attachments

Dutch Supreme Court delivers important judgment on jurisdiction over cross-border claims for purely financial damage

On 16 January 2015, the Dutch Supreme Court delivered a judgment of great consequence for cross-border litigation in Europe, on the subject of international jurisdiction in matters involving claims for purely financial damage. As the Supreme Court has re ...

Resource Article - twallace@abiwor... - 02/18/2015 - 13:20 - 0 comments - 0 attachments

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 - 12:27 - 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 - 12:23 - 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 - 12:16 - 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 - 23:18 - 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 - 10:09 - 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 - 10:05 - 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 - 17:28 - 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 - 16:29 - 0 comments - 0 attachments

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