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    Recognising and enforcing a UK disclosure order
    2012-12-14

    Background
    Facts
    Decision
    Comment

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, NautaDutilh, Bankruptcy, Sole proprietorship, Insolvency Act 1986 (UK), Supreme Court of the Netherlands
    Authors:
    Oete Vonk
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Dutch partnership agreements — bankruptcy clause
    2013-02-14

    International structures as used by multinational companies typically could include limited partnerships or general partnerships. If the Netherlands is involved in these international structures, these partnerships may be set up in such a way that they qualify as transparent for Dutch tax purposes. Further, partnerships could be used to manage the recognition of taxable income (for example, the so called CV‐BV structures). ThisGT Alert may be helpful in further managing and controlling the tax risks within such structures.

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Greenberg Traurig LLP, Bankruptcy, Limited partnership, Articles of partnership
    Location:
    Netherlands
    Firm:
    Greenberg Traurig LLP
    Successive terms of employment after insolvency: an update
    2013-03-28

    In the October 2012 Newsflash, we informed you about the notion of “successive terms of employment” and the consequences associated herewith. We discussed the Dutch Supreme Court’s recent Van Tuinen decision, in which the Court limited the doctrine of successive terms of employment after insolvency by following the case law pertaining to the probationary period.

    Filed under:
    Netherlands, Employment & Labor, Insolvency & Restructuring, Litigation, CMS Netherlands, Employment contract
    Authors:
    Fleur van Assendelft de Coningh , Barbara Veldmaat
    Location:
    Netherlands
    Firm:
    CMS Netherlands
    Liability of foreign director in Dutch bankruptcy: are natural persons exempt?
    2011-12-16

     

    Introduction
    Director's liability under Section 2:11 in conjunction with Section 2:248
    Comment


    Introduction

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, NautaDutilh, Bankruptcy, Legal personality, Shareholder, Joint and several liability
    Authors:
    Oete Vonk
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Luxembourg Collateral Act remains favourable to creditors: insolvency protection of creditors and collateral takers according to the laws of Luxembourg
    2012-01-20

    (Originally published on September 29, 2011)

    The Act of May 20 2011 implements EU Directive 2009/44/EC (amending the EU Settlement Finality Directive and the EU Collateral Directive), and amends the Collateral Act of August 5 2005. The Collateral Act has always been a lender-friendly implementation of the Collateral Directive. Most of its provisions have not changed and in general, the Collateral Act remains favourable to creditors in insolvency situations and other contexts.

    Constitution and perfection of collateral arrangements

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, NautaDutilh, Debtor, Collateral (finance), Waiver
    Authors:
    Josée Weydert , Margaretha Wilkenhuysen
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Bankruptcy trustee's duty to supply information to holder of undisclosed pledge
    2010-07-23

    Introduction

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, NautaDutilh, Share (finance), Bankruptcy, Debtor, Accounts receivable, Deed, Power of attorney, Trustee, Supreme Court of the United States
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Landsbanki (Icesave): dismissal of request to extend emergency regulations
    2010-12-10

    On March 8 2010 the Amsterdam District Court dismissed an application by the administrators of the Dutch branch of Landsbanki hf to extend the term of the emergency regulations that had been declared applicable to the Dutch branch by the court on October 13 2008.(1) As a result, the regulations ceased to apply on March 13 2010.

    Facts

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, Litigation, NautaDutilh, Legal personality, Credit (finance), Market liquidity, State of emergency, Substantive due process, European Commission, European Economic Area, De Nederlandsche Bank
    Authors:
    René van de Klift
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Asset transfers conditioned on transferor's bankruptcy: beware!
    2011-03-11

    Introduction

    The restructuring practice often calls for creative solutions, especially when the stakes are high and the debtor is in serious financial distress. Many restructuring lawyers have at times faced the question of whether it is possible for a debtor to transfer assets to a creditor subject to the condition precedent of the debtor being declared bankrupt.

    Filed under:
    Netherlands, Insolvency & Restructuring, NautaDutilh, Bankruptcy, Condition precedent, Retail, Debtor, Consideration, Fair market value, Secured creditor, Prejudice, Market value, Subsidiary, Unsecured creditor
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Consultation on proposed Intervention Act
    2011-04-04

    A consultation is held on a bill introducing special measures against financial undertakings (Intervention Act). The bill would amend the Financial Markets Supervision Act and the Bankruptcy Act in order to extend powers to intervene when financial undertakings find themselves in serious difficulties. The bill reflects developments within the European Union.

    Filed under:
    Netherlands, Banking, Capital Markets, Insolvency & Restructuring, Insurance, De Brauw Blackstone Westbroek, Share (finance), Public consultations, Liability (financial accounting)
    Authors:
    Ernest Meyer Swantée , Rick van ‘t Hullenaar , Esther Bromet
    Location:
    Netherlands
    Firm:
    De Brauw Blackstone Westbroek
    Intervention Act
    2011-04-15

    This newsletter discusses the draft legislative proposal for a Financial Institutions (Special Measures) Act (Wet bijzondere maatregelen financiële ondernemingen; "Intervention Act") that was recently published for consultation along with a draft explanatory memorandum and a document containing specific questions. The draft proposal would broaden the powers of the Dutch Central Bank (De Nederlandsche Bank; "DNB") and the Minister of Finance to intervene at financial institutions that are experiencing "serious problems".

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, NautaDutilh, Bankruptcy, European Commission, De Nederlandsche Bank, Banking Act 2009 (UK)
    Authors:
    Pim Rank , Geert Raaijmakers
    Location:
    Netherlands
    Firm:
    NautaDutilh

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