Short Reads

OO&R symposium: presentation on the role of the trustee in bankruptcy in combating bankruptcy fraud

OO&R symposium: presentation on the role of the trustee in bankruptcy in combating bankruptcy fraud

OO&R symposium: presentation on the role of the trustee in bankruptcy in combating bankruptcy fraud

27.05.2016 NL law

During the OO&R symposium on 17 May 2016, Toni van Hees gave a presentation on the role of the trustee in bankruptcy in combating bankruptcy fraud. The reason for this presentation stems from the ongoing legislative programme ‘Reassessment of bankruptcy law’ (Herijking faillissementsrecht) in which combating bankruptcy fraud plays an important part.

 

Two out three bills submitted in this context have already been adopted by the Senate and are expected to enter into force on 1 July 2016. For more information see the previously published blog “Senate agrees with bills on bankruptcy fraud”.

Toni van Hees questions whether the trustee in bankruptcy will use the additional scope to act against bankruptcy fraud in practice. At present, the trustee sees himself as the protector of the interests of the creditors and not as a fraud fighter. Toni believes this is unlikely to change as a result of the new legislation. He argues that it is necessary – alongside the primary task of the trustee protecting the interests of creditors-  to specifically add the task of combating bankruptcy fraud to the Bankruptcy Act. It also seems logical to take into account other public interests such as the impact of bankruptcy on employees and other wider social and environmental implications. These interests have often taken second place in bankruptcy settlements.

The post “OO&R symposium: presentation on the role of the trustee in bankruptcy in combating bankruptcy fraud” is a post of www.stibbeblog.nl

 

Related news

07.08.2018 NL law
Legislative proposal to protect trade secrets: update

Short Reads - On 5 July 2016, the EU Trade Secrets Directive came into effect (Directive 2016/943/EU). The directive intends to harmonise rules regarding the protection of undisclosed know-how and business information (trade secrets) across all EU member states. As the directive is not directly applicable in the member states, each member state must enact national implementing legislation.

Read more

07.08.2018 NL law
Protection of listed companies against unsolicited takeovers, prevention of unwanted influences in the telecoms sector and protection of other vital sectors: latest developments

Short Reads - Following a recent series of (attempted) unsolicited takeovers by foreign bidders of Dutch listed companies, such as PostNL, Unilever and AkzoNobel, the protection of companies against unsolicited takeovers and the protection of vital sectors have received more attention in both the Netherlands and Europe.

Read more

31.07.2018 NL law
Can an SPV be misled before it exists?

Articles - Transactions are regularly structured through special purpose vehicles (SPVs). An SPV is often established at the end of the negotiations, just before signing the agreement. The other party to the agreement provides information and raises certain expectations during the negotiations. The individuals negotiating for the SPV do not necessarily become officers of the SPV once it is established.

Read more

07.08.2018 NL law
Boskalis v. Fugro: scope of a shareholder's right to put items on the agenda

Short Reads - Under Dutch law (section 114a of book 2 of the Dutch Civil Code), shareholders have the right to put items on the agenda of the general meeting. The question arises as to whether shareholders also have the right to force an (informal) vote in the general meeting on subjects which are not within their powers. A judgment of the Dutch Supreme Court of 20 April 2018 between Boskalis and Fugro focused on this question.

Read more

12.07.2018 NL law
Voortgang wetsvoorstel Wet bescherming bedrijfsgeheimen

Short Reads - Op 5 juli 2016 is de Richtlijn bedrijfsgeheimen (2016/943/EU) in werking getreden. De richtlijn heeft tot doel de regels inzake bescherming van niet-openbaar gemaakte knowhow en bedrijfsinformatie (bedrijfsgeheimen) in de EU lidstaten te harmoniseren. De richtlijn moest voor 9 juni 2018 geïmplementeerd zijn in de Nederlandse wet- en regelgeving. Nederland heeft deze termijn niet gehaald.

Read more

Our website uses cookies: third party analytics cookies to best adapt our website to your needs & cookies to enable social media functionalities. For more information on the use of cookies, please check our Privacy and Cookie Policy. Please note that you can change your cookie opt-ins at any time via your browser settings.

Privacy – en cookieverklaring