Corporate Fraud and Criminal Law

Short Reads - On 1 October 2019, legislation will enter into force ending the KEI pilot scheme for digital litigation at the courts of Gelderland and Central Netherlands (Midden-Nederland). However, certain new procedural rules, which were part of the digitalisation pilot, will remain in force and will apply to all Dutch courts.

Short Reads - A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario.

Short Reads - If a person buys a car from a car dealer and fails to pay the purchase price on the agreed date, that person has to pay not only the purchase price but also statutory interest (Clause 6:119 DCC), unless otherwise agreed. If a car dealer buys the same car from an importer and fails to pay the purchase price on the agreed date, that car dealer has to pay commercial interest, which is a much higher rate, instead of the normal statutory interest (Clause 6:119a DCC).

Short Reads - On 12 December, a draft legislative proposal ("proposal") was published containing a special regulation on franchise agreements. Until now, there have been no special regulations regarding franchise agreements. The Explanatory Memorandum mentions that franchisees believe that franchisors have a more dominant position within their relationship.

Short Reads - De Vierde Anti-witwasrichtlijn (nr. 2015/849) zoals gewijzigd door de Vijfde Anti-witwasrichtlijn (EU/2018/843) dient uiterlijk op 10 januari 2020 in de Nederlandse wet- en regelgeving geïmplementeerd te zijn. Hiertoe is op 3 april 2019 een wetsvoorstel bij de Tweede Kamer ingediend. Het initiatiefwetsvoorstel ter invoering van het Centraal aandeelhoudersregister wordt op dit moment behandeld door de Tweede Kamer. In deze Update geven wij een overzicht van de laatste ontwikkelingen.

Articles - What are the most common causes of actions taken by or against financial institutions and service providers in Dutch jurisdiction? Who has a right of action in financial services disputes? Does it make a difference if the customer is an individual or a commercial entity? Is there a specialist court or specialist judges for financial services litigation? Roderik Vrolijk and Daphne Rijkers provide answers to these and other questions about financial services disputes in the Netherlands.

Short Reads - Under Dutch law, a debtor can remedy a default by offering to perform its obligations at a later date. Such an offer, however, has to include an offer to pay for damages and costs incurred as a result of the default (art. 6:86 DCC). If the creditor refuses to accept an offer that meets such criteria, the creditor will be in default.

Short Reads - To coincide with the opening of the Netherlands Commercial Court on 1 January 2019, Stibbe has launched a new website to provide you with the latest developments on this new international court.