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European capital markets: multiple-vote share structures

The European Commission put forth a proposal for a directive on multiple-vote share structures. In this blog, we discuss the use of multiple-vote share structures in the EU and the Netherlands and provide insights into the proposed directive.

Brexit and Private International Law (Part 1 of 2)

Since 1 January 2021, EU regulations simplifying cross-border litigation no longer apply in relation to the UK and – in most cases – to parties based in the UK.

Financial Regulatory – Update Q1 2021

Traditionally, 1 January (and 1 July) each year is a date on which new Dutch financial regulations enter into force. This year, the amendments to the Dutch Financial Supervision Act are relatively few, but other developments are worthy of attention.

Supreme Court abandons distinction between primary-coverage clauses and preventive-warranty clauses. Good riddance?

The Dutch Supreme Court handed down an important decision on 16 February 2024 on the restrictive standard of reasonableness and fairness with respect to insurance policies.

De overheid betaalt een opgelegde dwangsom niet. Wat nu?

De overheid houdt zich doorgaans aan haar verplichtingen uit rechterlijke uitspraken. Maar het komt voor dat de overheid dat om wat voor reden dan ook toch niet doet.

A digital counterpart to cash? DNB’s findings

Central banks, the IMF and various other organisations have been conducting research for several years with respect to a safer way to deposit money than exclusively with commercial banks, and the role of central banks in this respect.

Cease fire on troubled companies! Royal Decree temporarily suspends enforcement

Royal Decree No. 15 introduces a temporary moratorium amid COVID-19, shielding debtor-companies from enforcement measures and bankruptcy declarations.

Claims assigned to a litigation vehicle: who needs to prove what?

Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit.

Climate case Milieudefensie et al. – The Hague District Court orders Shell to reduce CO2 emissions

On May 26, 2021, the District Court of The Hague rendered its judgment in the case between Milieudefensie and others against Shell.

The qualification of a (commercial) contract

The Dutch Civil Code provides for several nominate contracts, for example: contractor agreements, purchase agreements, lease contracts, agency agreements and employment contracts.

Legal trend: climate change litigation

The Urgenda case against the Dutch government sets a precedent for climate litigation. With similar cases pending, this blog offers updates on climate change litigation.

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 [...].

Double roles in attributing knowledge

The knowledge of a person who in fact runs a company can be attributed to the company if the sole director and shareholder is a 'straw man', the Supreme Court confirmed in a judgment of 29 March 2019.

Stibbe boosts service offering in Luxembourg with new partners and counsel for asset management/funds and corporate & finance

Stibbe reinforces its corporate & finance and asset management/funds practices in Luxembourg with the hire of Bernard Beerens, Audrey Jarreton, Edouard d’Anterroches, Victorien Hémery, and Dayana Bert.

Stibbe announces new Counsel and Of Counsel appointments

Brussels, 9 January 2020 – The Brussels office of Stibbe has promoted Delphine Gillet, Jan Proesmans and Sophie Bourgois to Counsel and Elisabeth Baeyens to Of Counsel.

Stibbe advises Aedifica

Stibbe advised Aedifica on its secondary share listing on Euronext Amsterdam. Trading started on 7 November 2019.

Negotiating a contract under conditions; subject to approval

In Dutch legal practice, one of the most common conditions is the reservation of approval or the “subject to approval” clause.

Unauthorized representation: commitment of the principal to the agreement

In Dutch commercial legal practice, contracting parties frequently act as representatives of a company.

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