18 results AFM review indicates lack of transparency in use of alternative performance measures by Dutch issuers AFM sets out the findings of its review of the use of alternative performance measures in financial reporting and concludes that Dutch issuers often fall short of the required level of transparency when reporting their alternative performance measures. Breaking off negotiations: does unjust enrichment lead to liability for damages? The Dutch Supreme Court rendered a decision on 14 June 2024 that sheds light on the standards for a party’s obligation to reimburse the other party’s costs when breaking off negotiations. 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 [...] Dutch Supreme Court: non-resident investment fund eligible for refund of Dutch dividend withholding tax On 23 October 2020, the Dutch Supreme Court ruled that a non-resident UCITS fund is eligible for a refund of Dutch dividend withholding tax with respect to its investments in the Netherlands if strict criteria are met. 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. Stibbe advises Elementis Stibbe advises Elementis, a UK listed global specialty chemicals company, on the acquisition of Mondo Minerals Holdings B.V. for an enterprise value of $600 million on a cash and debt free basis. Right to free choice of lawyer also applies to stages in a dispute that may lead to proceedings The European Court of Justice (ECJ) has found in a judgment of May 2020 that the right of a legal assistance insured person to freely choose his or her lawyer applies not only to proceedings before a court or an administrative body [...]. Symposium 'From Stint to Fipronil: a compensation fund for victims of energetic government intervention in crisis situations Stibbe is organising a symposium in Amsterdam on Thursday 7 November entitled 'From Stint to Fipronil: a compensation fund for victims of energetic government intervention in crisis situations'. During this symposium, Stibbe lawyer Tijn Kortmann and Prof. EBA Reports on Virtual IBANs On 24 May 2024, the European Banking Authority (EBA) published a report on virtual IBAN (vIBANs) in which the EBA set outs characteristics and use cases of vIBANs and comments on identified risks associated with this development in the payments market. Third-party effect of exoneration clauses in commercial contracts Under Dutch law, the general principle is that contracts only have legal effects for the contracting parties themselves. In principle, contracts have no legal effects for third parties. Press release: ATB declared bankrupt, Daisy Nijkamp and Job van Hooff appointed bankruptcy trustees On 22 April 2022, Amsterdam Trade Bank N.V. ("ATB") filed for bankruptcy and was declared bankrupt by the Amsterdam District Court. The court appointed D.D. Nijkamp and J.E.P.A. van Hooff as bankruptcy trustees. E-book: 'Sustainable Finance in Europe' Stibbe lawyers Marieke Driessen, Loes van Dijk and Ingrid van der Klooster contributed to the book 'Sustainable Finance in Europe' which was recently published. The EU Green Claims Directive The EU's proposed Green Claims Directive has emerged as a potential new framework aiming to tackle greenwashing and help consumers make greener choices when purchasing a product or using a service. Take aways Stibbe ESG & Sustainability Conference 2024 The Stibbe ESG & Sustainability Conference took place on 25 June. The take aways on the two main topics Greenwashing vs. Greenbleaching and Climate Litigation can be found in a freely accessible one-pager. Reporting for non-EU AIFMs as of Q1 2023 Effective from Q1 2023, the Netherlands Authority for the Financial Markets (the “AFM”) indicated that it will require AIFMs who have notified AIFs for marketing under Article 36/Article 42 AIFMD to submit Periodic Reports. Package of new anti-money laundering rules adopted by European Council On 30 of May 2024 the Council of the European Union adopted the Anti-Money Laundering and Anti-Terrorism Financing Package (the AML Package). The AML Package will have consequences for market parties. Listing Act: reversing MiFID II's unbundling regime – is it enough? The Listing Act rolls back the unbundling requirements introduced by MiFID II by once again permitting joint payments for investment research and execution services. In this article, we address the background and practical implications of this amendment. EU Listing Act enters into force 4 December 2024 The EU Listing Act, which includes updates to the Prospectus Regulation, Market Abuse Regulation, Markets in Financial Instruments Regulation, and to the Markets in Financial Instruments Directive, has been published on 14 November 2024.
AFM review indicates lack of transparency in use of alternative performance measures by Dutch issuers AFM sets out the findings of its review of the use of alternative performance measures in financial reporting and concludes that Dutch issuers often fall short of the required level of transparency when reporting their alternative performance measures.
Breaking off negotiations: does unjust enrichment lead to liability for damages? The Dutch Supreme Court rendered a decision on 14 June 2024 that sheds light on the standards for a party’s obligation to reimburse the other party’s costs when breaking off negotiations.
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 [...]
Dutch Supreme Court: non-resident investment fund eligible for refund of Dutch dividend withholding tax On 23 October 2020, the Dutch Supreme Court ruled that a non-resident UCITS fund is eligible for a refund of Dutch dividend withholding tax with respect to its investments in the Netherlands if strict criteria are met.
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.
Stibbe advises Elementis Stibbe advises Elementis, a UK listed global specialty chemicals company, on the acquisition of Mondo Minerals Holdings B.V. for an enterprise value of $600 million on a cash and debt free basis.
Right to free choice of lawyer also applies to stages in a dispute that may lead to proceedings The European Court of Justice (ECJ) has found in a judgment of May 2020 that the right of a legal assistance insured person to freely choose his or her lawyer applies not only to proceedings before a court or an administrative body [...].
Symposium 'From Stint to Fipronil: a compensation fund for victims of energetic government intervention in crisis situations Stibbe is organising a symposium in Amsterdam on Thursday 7 November entitled 'From Stint to Fipronil: a compensation fund for victims of energetic government intervention in crisis situations'. During this symposium, Stibbe lawyer Tijn Kortmann and Prof.
EBA Reports on Virtual IBANs On 24 May 2024, the European Banking Authority (EBA) published a report on virtual IBAN (vIBANs) in which the EBA set outs characteristics and use cases of vIBANs and comments on identified risks associated with this development in the payments market.
Third-party effect of exoneration clauses in commercial contracts Under Dutch law, the general principle is that contracts only have legal effects for the contracting parties themselves. In principle, contracts have no legal effects for third parties.
Press release: ATB declared bankrupt, Daisy Nijkamp and Job van Hooff appointed bankruptcy trustees On 22 April 2022, Amsterdam Trade Bank N.V. ("ATB") filed for bankruptcy and was declared bankrupt by the Amsterdam District Court. The court appointed D.D. Nijkamp and J.E.P.A. van Hooff as bankruptcy trustees.
E-book: 'Sustainable Finance in Europe' Stibbe lawyers Marieke Driessen, Loes van Dijk and Ingrid van der Klooster contributed to the book 'Sustainable Finance in Europe' which was recently published.
The EU Green Claims Directive The EU's proposed Green Claims Directive has emerged as a potential new framework aiming to tackle greenwashing and help consumers make greener choices when purchasing a product or using a service.
Take aways Stibbe ESG & Sustainability Conference 2024 The Stibbe ESG & Sustainability Conference took place on 25 June. The take aways on the two main topics Greenwashing vs. Greenbleaching and Climate Litigation can be found in a freely accessible one-pager.
Reporting for non-EU AIFMs as of Q1 2023 Effective from Q1 2023, the Netherlands Authority for the Financial Markets (the “AFM”) indicated that it will require AIFMs who have notified AIFs for marketing under Article 36/Article 42 AIFMD to submit Periodic Reports.
Package of new anti-money laundering rules adopted by European Council On 30 of May 2024 the Council of the European Union adopted the Anti-Money Laundering and Anti-Terrorism Financing Package (the AML Package). The AML Package will have consequences for market parties.
Listing Act: reversing MiFID II's unbundling regime – is it enough? The Listing Act rolls back the unbundling requirements introduced by MiFID II by once again permitting joint payments for investment research and execution services. In this article, we address the background and practical implications of this amendment.
EU Listing Act enters into force 4 December 2024 The EU Listing Act, which includes updates to the Prospectus Regulation, Market Abuse Regulation, Markets in Financial Instruments Regulation, and to the Markets in Financial Instruments Directive, has been published on 14 November 2024.