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    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
    Dutch Supreme Court accepts floating charge
    2012-02-06

    In recent years Dutch banks have established a practice of creating undisclosed rights of pledge (stil pandrecht) on all current and future receivables of their borrowers in an easy way and without the borrower's involvement. In the Supreme Court's ruling of 3 February 2012 (HR 3 February 2012, LJN BT6947), this practice was unsuccessfully put to the test by a bankruptcy trustee, who contested the alleged right of pledge of ING Bank on receivables of its bankrupt client.

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, Litigation, De Brauw Blackstone Westbroek, Bankruptcy, Debtor, Accounts receivable, ING Group, Supreme Court of the Netherlands
    Authors:
    Ruud Hermans , Menno Stoffer , Berto Winters , Reinout Vriesendorp , Rob van den Sigtenhorst
    Location:
    Netherlands
    Firm:
    De Brauw Blackstone Westbroek
    Rule B attachment versus remedies of foreign liquidator
    2012-02-14

    (Europa West-Indië Lijnen B.V./Container Leasing International LLC)

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, Van Steenderen MainportLawyers, Bankruptcy, Debtor, Limited liability company, Liquidator (law), BNP Paribas
    Authors:
    Arnold J van Steenderen
    Location:
    Netherlands
    Firm:
    Van Steenderen MainportLawyers
    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
    Consultation on proposed Intervention Act
    2011-04-25

    The Minister of Finance and the Minister of Security and Justice are holding a joint consultation on a bill introducing special measures against financial

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, De Brauw Blackstone Westbroek, Share (finance), Liability (financial accounting)
    Authors:
    Francine Schlingmann , Joost Schutte , Marnix Somsen
    Location:
    Netherlands
    Firm:
    De Brauw Blackstone Westbroek
    Supreme Court allows dilution of majority stake in inter access inquiry proceedings
    2011-06-01

    In the corporate inquiry (enquête) procedure of Inter Access the Supreme Court recently confirmed a decision by the Enterprise Chamber where immediate measures were ordered which led to the dilution of a majority shareholder's stake. The managing board of the company was allowed to issue shares without a resolution of the AGM.

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, De Brauw Blackstone Westbroek, Share (finance), Shareholder, Board of directors, Mandatory sentencing, Annual general meeting, Supreme Court of the United States
    Authors:
    Harm-Jan de Kluiver
    Location:
    Netherlands
    Firm:
    De Brauw Blackstone Westbroek

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