1051 results 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 [...] International Comparative Legal Guide to Restructuring & Insolvency 2020 - Belgium chapter The Belgium Chapter of the International Comparative Legal Guide to Restructuring & Insolvency 2020 is online. Authored by Paul Van der Putten & Pieter Wouters, it covers key topics across 27 jurisdictions. Perpetual securities not considered equity for Dutch corporate income tax purposes In a decision of Friday 15 May 2020, the Dutch Supreme Court confirmed that fixed-to-floating rate perpetual equity securities (“perpetual securities”) should not be considered a “participation loan” (deelnemerschapslening) for Dutch tax purposes. Under D 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. E-book 'The current NOW and the expected changes in the new/extended NOW (NOW 2.0)'. On 1 April 2020, the Temporary Emergency Bridging Measure to Preserve Employment ("NOW") was published. Since 6 April 2020, employers can apply for a wage subsidy under the NOW. 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, Temporary unemployment due to force majeure: extension of simplified procedures On 7 May, 2020, the ONEM/RVA has modified its instructions: the simplified procedures for temporary unemployment due to force majeure resulting from the Covid-19 crisis can be applied up to and including 30 June, 2020. Spreading fast: Dutch and Belgian COVID-19 State-aid approved Many Member States are taking measures to support the economy during the COVID-19 crisis. The European Commission’s Temporary Framework enables the rapid approval of certain types of State aid. COVID-19: fast-forwarding competition law Competition authorities are temporarily ‘green-lighting’ certain collaboration initiatives to safeguard the supply of essential products in light of the COVID-19 outbreak. ECJ confirms: no shortcut for ‘by object’ antitrust infringements The European Court of Justice has found there is no shortcut for determining whether particular conduct can be held to have the object to restrict competition. Marc Fyon and Viktor Pokorny authored two articles on the new Belgian Companies Code The two in-depth analyses examine, respectively, the impact of the reform on the governance of financial institutions and on financial transactions, and the new form of limited company ("Société à responsabilité limitée"/"Besloten vennootschap"). Reputation assessment to be introduced for UBOs of several regulated institutions On 21 April 2020, the legislative proposal for the Financial Markets Repair Act 2020 (the “Proposal”) was submitted to Dutch Parliament (Tweede Kamer). The Proposal repairs deficiencies and omissions that have occurred in the implementation in Dutch law o The Dutch government publishes an ambitious strategy and policy agenda on the development of the clean hydrogen market The Minister of Economic Affairs and Climate Policy presented the ‘Government strategy on hydrogen’ (Kabinetsvisie Waterstof, also available in English) by means of a letter addressed to the Dutch House of Representatives (Tweede Kamer) on 30 March 2020. Financial difficulties due to the coronavirus: what about taxes? In the context of the coronavirus the Belgian tax authorities have issued aid measures concerning taxation with the aim of supporting enterprises and natural persons facing financial difficulties. This short read, provides an overview of these measures. OECD issues guidance on the impact of the COVID-19 crisis on tax treaties As noted in our Short Read of 31 March 2020, multiple states have been implementing travel restrictions and mandatory quarantines in an effort to stop the spread of the corona virus (COVID-19). Governments have also taken measures to mitigate the economic Coronavirus and insurance The coronavirus will impact almost all aspects of the insurance sector and will trigger many insurance policies. It is important to analyse your insurance policy terms and conditions and to determine whether and to what extent you are covered. COVID-19 and the Financial Markets As COVID-19 spreads across the globe, companies face various legal issues related to the disease and its spread. These issues result in disruption to business, alongside the related regulatory and contractual implications. The crisis is severely affecting Bill of law on interest and royalties paid to non-cooperative jurisdictions The Luxembourg Government proposes to introduce the non-deductibility of interest and royalties expenses of a Luxembourg taxpayer towards collective entities located in a blacklisted jurisdiction. Pagination Previous page Page 19 Current page 20 Page 21 Page 22 Next page
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 [...]
International Comparative Legal Guide to Restructuring & Insolvency 2020 - Belgium chapter The Belgium Chapter of the International Comparative Legal Guide to Restructuring & Insolvency 2020 is online. Authored by Paul Van der Putten & Pieter Wouters, it covers key topics across 27 jurisdictions.
Perpetual securities not considered equity for Dutch corporate income tax purposes In a decision of Friday 15 May 2020, the Dutch Supreme Court confirmed that fixed-to-floating rate perpetual equity securities (“perpetual securities”) should not be considered a “participation loan” (deelnemerschapslening) for Dutch tax purposes. Under D
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.
E-book 'The current NOW and the expected changes in the new/extended NOW (NOW 2.0)'. On 1 April 2020, the Temporary Emergency Bridging Measure to Preserve Employment ("NOW") was published. Since 6 April 2020, employers can apply for a wage subsidy under the NOW.
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,
Temporary unemployment due to force majeure: extension of simplified procedures On 7 May, 2020, the ONEM/RVA has modified its instructions: the simplified procedures for temporary unemployment due to force majeure resulting from the Covid-19 crisis can be applied up to and including 30 June, 2020.
Spreading fast: Dutch and Belgian COVID-19 State-aid approved Many Member States are taking measures to support the economy during the COVID-19 crisis. The European Commission’s Temporary Framework enables the rapid approval of certain types of State aid.
COVID-19: fast-forwarding competition law Competition authorities are temporarily ‘green-lighting’ certain collaboration initiatives to safeguard the supply of essential products in light of the COVID-19 outbreak.
ECJ confirms: no shortcut for ‘by object’ antitrust infringements The European Court of Justice has found there is no shortcut for determining whether particular conduct can be held to have the object to restrict competition.
Marc Fyon and Viktor Pokorny authored two articles on the new Belgian Companies Code The two in-depth analyses examine, respectively, the impact of the reform on the governance of financial institutions and on financial transactions, and the new form of limited company ("Société à responsabilité limitée"/"Besloten vennootschap").
Reputation assessment to be introduced for UBOs of several regulated institutions On 21 April 2020, the legislative proposal for the Financial Markets Repair Act 2020 (the “Proposal”) was submitted to Dutch Parliament (Tweede Kamer). The Proposal repairs deficiencies and omissions that have occurred in the implementation in Dutch law o
The Dutch government publishes an ambitious strategy and policy agenda on the development of the clean hydrogen market The Minister of Economic Affairs and Climate Policy presented the ‘Government strategy on hydrogen’ (Kabinetsvisie Waterstof, also available in English) by means of a letter addressed to the Dutch House of Representatives (Tweede Kamer) on 30 March 2020.
Financial difficulties due to the coronavirus: what about taxes? In the context of the coronavirus the Belgian tax authorities have issued aid measures concerning taxation with the aim of supporting enterprises and natural persons facing financial difficulties. This short read, provides an overview of these measures.
OECD issues guidance on the impact of the COVID-19 crisis on tax treaties As noted in our Short Read of 31 March 2020, multiple states have been implementing travel restrictions and mandatory quarantines in an effort to stop the spread of the corona virus (COVID-19). Governments have also taken measures to mitigate the economic
Coronavirus and insurance The coronavirus will impact almost all aspects of the insurance sector and will trigger many insurance policies. It is important to analyse your insurance policy terms and conditions and to determine whether and to what extent you are covered.
COVID-19 and the Financial Markets As COVID-19 spreads across the globe, companies face various legal issues related to the disease and its spread. These issues result in disruption to business, alongside the related regulatory and contractual implications. The crisis is severely affecting
Bill of law on interest and royalties paid to non-cooperative jurisdictions The Luxembourg Government proposes to introduce the non-deductibility of interest and royalties expenses of a Luxembourg taxpayer towards collective entities located in a blacklisted jurisdiction.