Country report from the Netherlands

The Dutch Minister’s announcement of a multi-disciplinary approach to combat bankruptcy fraud has lead to a legislative programme that went into force last year, wherein the duty of the trustee is extended to combat bankruptcy fraud.
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Senior management responsibility in banks

Regulators have made clear their view that responsibility for the culture of a bank sits at the top; if senior management create the right culture, good regulatory practice and procedures will naturally follow. Following the financial crisis banks’ senior management have come under increasing regulatory scrutiny and in some jurisdictions proposals have been put forward to make it easier to make them accountable for their actions. To help you keep up to date with current developments, we have produced a comparative analysis of how senior management responsibility in banks is being treated in
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The French insolvency regime moves forward

In the last few months, a set of new measures has been implemented in order to improve the efficiency of the commercial justice in France. These measures cover the substantive insolvency law as well as the institutional framework. New measures relating to the substantive insolvency law Facilitating out-of-court agreements The information of staff representatives In order to facilitate out-of-court agreements, the Law n°2016-1547 of 18 November 2016 allows the directors engaged in negotiations with creditors not to inform the staff representatives about the opening of a mandat ad hoc (C.
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French insolvency statistics: Fluctuat nec mergitur?

The 2017 Dun & Bradstreet Global Bankruptcy Report shows that bankruptcy rates have declined in 16 out of 23 European countries while Economic growth is slowing. The UK is the only major European economy to record increasing bankruptcy rates in 2016 (10.1%) – due to a spike in the fourth quarter after the referendum voted in favour of a Brexit – and paradoxically also one of the fastest-growing economy.
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Country reports - Autumn 2016

Co-employment, which allows employees to obtain the recognition of two employers instead of one, was treated by the Supreme Court (Cour de Cassation Soc. 30 November 2011 No. 10-22964) which changed the definition in a restrictive way, especially about the involvement of the parent company in the management of its subsidiary.
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Insurance and big data analytics, CIO Survey 2016, Focus on tax and more

Knowing that many people will be away enjoying a break over the summer we’ve kept this month’s newsletter brief with a wide selection that we hope provides something for everyone across a wide range of topics from data analytics to technology, HR, tax and regulation, via a read across to developments in the asset management sector and, to help you sleep at night, a practical look at crisis management.
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