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Can the court grant summary judgment for the sale and delivery of a common residence?
This question has been the subject of much ambiguity and debate in the courts in recent years. Some courts and tribunals held the line that this could be done. On the contrary, other courts and tribunals held that this was not possible. The Supreme Court put an end to this ambiguity and debate on March […]
Financial statement filing deadlines
Book 2 BW provides deadlines for the preparation and filing of financial statements of private companies. The board must prepare financial statements no later than five months after the end of the fiscal year. The general meeting may extend this period for up to five months. This makes the deadline for preparing financial statements 10 […]
Big players must pay small suppliers within 30 days
In March of last year, a bill was introduced by the State Secretary of Economic Affairs and Climate to halve the current maximum allowed payment period for small and medium-sized businesses. The bill should curb the dominance of big business and reduce the financing deficit of small and medium-sized enterprises. The proposal received a large […]
Major changes in corporate law in 2022
In this document, we have outlined the major changes in corporate law for 2022. Should you have any questions about what this means for your organization, the Corporate Law practice group is readily available to answer them.
Discrepancy between statutes and a shareholder agreement: how to prevent it?
Anyone who establishes a corporation must draw up statutes. Often, when a company is established or when the statutes are amended, the notary’s model statutes are used. If there are multiple shareholders, they sometimes enter into a shareholder agreement among themselves. But what happens if the statutes and the shareholder agreement conflict with each other? […]
The contractual penalty as a big stick
It regularly happens that contracts contain a penalty clause. The purpose of a penalty clause is often twofold: on the one hand, an (additional) incentive to perform and, on the other, a way to fix in advance the extent of the damage suffered by the creditor if the debtor does not fulfil his obligations. In […]
Bill shortens payment period from large company to SMEs from 60 to 30 days
Invoices must be paid within 30 days. That is the legal starting point. However, companies are free to agree longer payment terms among themselves. This can be particularly problematic for SMEs. Delays in payment of invoices can in fact lead to liquidity problems. As of July 1, 2017, the payment period that large companies may […]
Directors and supervisors beware: what will change for you as of July 1, 2021 and how to prepare!
On July 1, 2021, the Law on Management and Supervision of Legal Persons (Wbtr) will enter into force. This will supplement and clarify the current legal framework for management and supervision of legal persons. This has consequences for you as a director or supervisor and possibly also for the articles of association of the legal […]
Pushing creditors to collect their claims
A cat-and-mouse game often develops between creditor and debtor. Because even if you have been vindicated by the court, it is often still a challenge to monetize your awarded claim. This is because it is still not so easy to find out what assets your debtor has. To make it easier in practice for creditors […]