41 results Accountants advising in real estate transactions: be aware of penalties in mortgage deeds The Court of Appeal of Arnhem-Leeuwarden ruled on 3 March 2020 that an accountant did not properly advise her client with respect to a sale of real estate (ECLI:NL:GHARL:2020:1875). Auditor liable for not including a provision for a third party claim? In a recent case, the Court of Appeal of Arnhem-Leeuwarden dismissed a claim of the bankruptcy trustee of Welsec against an audit firm for failing to ensure that the audited company, Welsec, included a provision in its annual accounts for [...] Stibbe contributes to the Financial and Business Crime Global Guide Hans Van Bavel, Elisabeth Matthys and Ann Apers contributed to the Financial and Business Crime Global Guide. Implementation of new AML Directive and new list of high-risk countries After discussions in the Dutch Parliament leading to a late implementation of the amendment of the fourth anti-money laundering and anti-terrorism financing directive, the Dutch implementation will most likely be in force before 18 May 2020. In addition, E-book: 'Practical implications of ESG disclosure regulations' As of 10 March 2021, many financial market participants and financial advisers will be subject to new disclosure obligations following the entry into force of the EU Sustainable Finance Disclosure Regulation (SFDR) on 29 December 2019. [Update] Dutch Senate adopts UBO register bill Today (23 June 2020), the Dutch Senate adopted the bill to implement the Dutch Ultimate Beneficial Owner (''UBO'') register (''UBO register''). We expect the Act to enter into force soon. Non-contractual liability of the accountant who performs a non-statutory task The legal journal Maandblad voor Vermogensecht has published an article by Gertjan Boekraad on ‘the scope of the non-contractual liability of the accountant who performs a non-statutory task’. Digital Law Up(to)date: 'Doxing' could become part of our criminal code In this blog, we briefly present a Belgian legislative proposition to criminalise 'doxing'. Digital Law Up(to)date: Internet memes before the Belgian courts In this blog, we briefly present a first judgement of a Belgian Court that sentenced a person for spreading hateful internet memes on social networks. European Commission publishes major anti-money laundering legislative proposals On 20 July 2021, the European Commission presented a new legislative package containing significant changes to the applicable anti-money laundering and anti-terrorism financing regime. Digital Law Up(to)date: Belgian legislator strengthens legislation on crypto-exchange and wallet service providers On 11 February 2022, the Belgian Official Gazette published a new law modifying the Belgian anti-money laundering law. The objective of the text is to introduce new provisions to regulate crypto-exchange and wallet service providers. Digital Law Up(to)date: (1) Parliamentary initiatives about cyber attacks; (2) ‘Zero tariff’ options before the CJEU; and (3) Council of State, GDPR and encryption In this blog, we briefly present three interesting matters in the field of digital law: (1) Parliamentary initiatives to tackle cyber attacks; (2) 'Zero tariff' options and open internet access do not mix; (3) Council of State, GDPR and encryption. Column: Ontneem incidentrapportages niet hun toegevoegde waarde In deze column uit Monique haar zorg over de zichtbare tendens waarbij de toegevoegde waarde van deze incidentrapportages onder druk komt te staan. Updated FAQ clarifies that listed companies do not have to register their UBO in Belgium The Belgian AML Act does not provide an exemption for listed companies regarding the registration of their UBO. According to a recently updated government FAQ, however, listed companies do not have to register their UBO. Besluit aanwijzing organisaties van openbaar belang Op 10 juli 2019 is het Besluit aanwijzing organisaties van openbaar belang (Besluit) in het Staatsblad gepubliceerd. Audit firms and accountant's duty of care towards third parties The Dutch Supreme Court recently decided (ECLI:NL:HR:2019:744) that the standard for audit firms' and accountants' duty of care towards third parties is in essence no different than the general duty of care under Dutch tort law [...]. Dutch government publishes plans to combat money laundering The Dutch Minister of Finance and Minister for Justice and Security published a joint letter today (1 July 2019) that they sent to the Dutch Parliament containing plans to combat money laundering (click here to read the letter in full, in Dutch). These ne Charlotte Conings has contributed to "Sweetie 2.0 - Using Artificial Intelligence to Fight Webcam Child Sex Tourism". Charlotte Conings has contributed to the newly published "Sweetie 2.0 - Using Artificial Intelligence to Fight Webcam Child Sex Tourism". Pagination Current page 1 Page 2 Page 3 Next page
Accountants advising in real estate transactions: be aware of penalties in mortgage deeds The Court of Appeal of Arnhem-Leeuwarden ruled on 3 March 2020 that an accountant did not properly advise her client with respect to a sale of real estate (ECLI:NL:GHARL:2020:1875).
Auditor liable for not including a provision for a third party claim? In a recent case, the Court of Appeal of Arnhem-Leeuwarden dismissed a claim of the bankruptcy trustee of Welsec against an audit firm for failing to ensure that the audited company, Welsec, included a provision in its annual accounts for [...]
Stibbe contributes to the Financial and Business Crime Global Guide Hans Van Bavel, Elisabeth Matthys and Ann Apers contributed to the Financial and Business Crime Global Guide.
Implementation of new AML Directive and new list of high-risk countries After discussions in the Dutch Parliament leading to a late implementation of the amendment of the fourth anti-money laundering and anti-terrorism financing directive, the Dutch implementation will most likely be in force before 18 May 2020. In addition,
E-book: 'Practical implications of ESG disclosure regulations' As of 10 March 2021, many financial market participants and financial advisers will be subject to new disclosure obligations following the entry into force of the EU Sustainable Finance Disclosure Regulation (SFDR) on 29 December 2019.
[Update] Dutch Senate adopts UBO register bill Today (23 June 2020), the Dutch Senate adopted the bill to implement the Dutch Ultimate Beneficial Owner (''UBO'') register (''UBO register''). We expect the Act to enter into force soon.
Non-contractual liability of the accountant who performs a non-statutory task The legal journal Maandblad voor Vermogensecht has published an article by Gertjan Boekraad on ‘the scope of the non-contractual liability of the accountant who performs a non-statutory task’.
Digital Law Up(to)date: 'Doxing' could become part of our criminal code In this blog, we briefly present a Belgian legislative proposition to criminalise 'doxing'.
Digital Law Up(to)date: Internet memes before the Belgian courts In this blog, we briefly present a first judgement of a Belgian Court that sentenced a person for spreading hateful internet memes on social networks.
European Commission publishes major anti-money laundering legislative proposals On 20 July 2021, the European Commission presented a new legislative package containing significant changes to the applicable anti-money laundering and anti-terrorism financing regime.
Digital Law Up(to)date: Belgian legislator strengthens legislation on crypto-exchange and wallet service providers On 11 February 2022, the Belgian Official Gazette published a new law modifying the Belgian anti-money laundering law. The objective of the text is to introduce new provisions to regulate crypto-exchange and wallet service providers.
Digital Law Up(to)date: (1) Parliamentary initiatives about cyber attacks; (2) ‘Zero tariff’ options before the CJEU; and (3) Council of State, GDPR and encryption In this blog, we briefly present three interesting matters in the field of digital law: (1) Parliamentary initiatives to tackle cyber attacks; (2) 'Zero tariff' options and open internet access do not mix; (3) Council of State, GDPR and encryption.
Column: Ontneem incidentrapportages niet hun toegevoegde waarde In deze column uit Monique haar zorg over de zichtbare tendens waarbij de toegevoegde waarde van deze incidentrapportages onder druk komt te staan.
Updated FAQ clarifies that listed companies do not have to register their UBO in Belgium The Belgian AML Act does not provide an exemption for listed companies regarding the registration of their UBO. According to a recently updated government FAQ, however, listed companies do not have to register their UBO.
Besluit aanwijzing organisaties van openbaar belang Op 10 juli 2019 is het Besluit aanwijzing organisaties van openbaar belang (Besluit) in het Staatsblad gepubliceerd.
Audit firms and accountant's duty of care towards third parties The Dutch Supreme Court recently decided (ECLI:NL:HR:2019:744) that the standard for audit firms' and accountants' duty of care towards third parties is in essence no different than the general duty of care under Dutch tort law [...].
Dutch government publishes plans to combat money laundering The Dutch Minister of Finance and Minister for Justice and Security published a joint letter today (1 July 2019) that they sent to the Dutch Parliament containing plans to combat money laundering (click here to read the letter in full, in Dutch). These ne
Charlotte Conings has contributed to "Sweetie 2.0 - Using Artificial Intelligence to Fight Webcam Child Sex Tourism". Charlotte Conings has contributed to the newly published "Sweetie 2.0 - Using Artificial Intelligence to Fight Webcam Child Sex Tourism".