20 results Dutch Supreme Court answers questions on setoff before and during bankruptcy and suspension of payments The authors discuss a recent judgment by the Dutch Supreme Court that extends the right of setoff for banks before and during bankruptcy and suspension of payments. 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. Stibbe contributes to CFO Forum 2024 Marieke Driessen, Derk Lemstra and Rogier Raas participated in the CFO Forum - The Annual Meeting 2024, organised by our partner Transformation Forums, on 23 May 2024. You can read the insights of the meeting in the report. 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. 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. Abolition of Pledge Prohibitions: New Law in Force The Dutch law on the Abolition of Pledge Prohibitions marks a significant shift in Dutch commercial law, aimed at transforming the landscape for small and medium-sized enterprises to use their receivables as collateral and improve access to financing. Repsol: Dutch parent company cannot simply be used as anchor defendant to create jurisdiction Foreign entities are often sued in the Netherlands on the basis of the ‘anchor defendant’ construction. Stibbe advises Keurig Dr Pepper Stibbe advises Keurig Dr Pepper, a leading beverage company in North America, on its contemplated public offer of €15.7 billion for JDE Peet’s N.V., the world’s leading pure-play coffee and tea company. A digital transition in the financial services sector On 24 September 2020, the European Commission (the “Commission”) adopted the Digital Finance Package (the “Package”). The aim of this initiative is to create a competitive EU financial sector that gives consumers access to innovative financial products. Dutch fintech Action Plan - stimulating growth in the Dutch fintech sector On 3 July 2020, the Dutch Minister of Finance and the Secretary of State for Economic Affairs published an action plan to support the Dutch Fintech sector. ESMA publishes report on licencing of fintech firms across europe On 12 July, the European Securities and Markets Authority ("ESMA") published a report on the status of licencing regimes of FinTech firms across the European Union ("EU"). Commission publishes PSD3 and PSR Proposal; a tightening of the regulation of payment services providers in the EU On June 28, 2023, the European Commission published a set of new legislative proposals, including PSD3, aimed at ushering in the digital era for payments and the broader financial sector, with a particular focus on consumers. 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. Digital operational resilience as key priority for financial institutions Financial institutions and third party ICT providers will have to strengthen their IT security organisations, as the European Digital Operational Resilience Act is expected to be fully applicable in early 2025 after a two-year implementation period. On the Board room agenda: ESG & sustainability risks and opportunities throughout the supply chain When handled properly, ESG and sustainability create opportunities for companies in the real estate sector to make their business model future proof and to benefit the bottom line. ESG has thus become an important driver for business considerations. Developments in Sustainable Finance: the role of the Sustainability Coordinator The rise of sustainability-linked loans in the syndicated loan markets draws the attention to the role of the Sustainability Coordinator, which plays a key role in loan transactions. Pagination Current page 1 Page 2 Next page
Dutch Supreme Court answers questions on setoff before and during bankruptcy and suspension of payments The authors discuss a recent judgment by the Dutch Supreme Court that extends the right of setoff for banks before and during bankruptcy and suspension of payments.
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.
Stibbe contributes to CFO Forum 2024 Marieke Driessen, Derk Lemstra and Rogier Raas participated in the CFO Forum - The Annual Meeting 2024, organised by our partner Transformation Forums, on 23 May 2024. You can read the insights of the meeting in the report.
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.
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.
Abolition of Pledge Prohibitions: New Law in Force The Dutch law on the Abolition of Pledge Prohibitions marks a significant shift in Dutch commercial law, aimed at transforming the landscape for small and medium-sized enterprises to use their receivables as collateral and improve access to financing.
Repsol: Dutch parent company cannot simply be used as anchor defendant to create jurisdiction Foreign entities are often sued in the Netherlands on the basis of the ‘anchor defendant’ construction.
Stibbe advises Keurig Dr Pepper Stibbe advises Keurig Dr Pepper, a leading beverage company in North America, on its contemplated public offer of €15.7 billion for JDE Peet’s N.V., the world’s leading pure-play coffee and tea company.
A digital transition in the financial services sector On 24 September 2020, the European Commission (the “Commission”) adopted the Digital Finance Package (the “Package”). The aim of this initiative is to create a competitive EU financial sector that gives consumers access to innovative financial products.
Dutch fintech Action Plan - stimulating growth in the Dutch fintech sector On 3 July 2020, the Dutch Minister of Finance and the Secretary of State for Economic Affairs published an action plan to support the Dutch Fintech sector.
ESMA publishes report on licencing of fintech firms across europe On 12 July, the European Securities and Markets Authority ("ESMA") published a report on the status of licencing regimes of FinTech firms across the European Union ("EU").
Commission publishes PSD3 and PSR Proposal; a tightening of the regulation of payment services providers in the EU On June 28, 2023, the European Commission published a set of new legislative proposals, including PSD3, aimed at ushering in the digital era for payments and the broader financial sector, with a particular focus on consumers.
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.
Digital operational resilience as key priority for financial institutions Financial institutions and third party ICT providers will have to strengthen their IT security organisations, as the European Digital Operational Resilience Act is expected to be fully applicable in early 2025 after a two-year implementation period.
On the Board room agenda: ESG & sustainability risks and opportunities throughout the supply chain When handled properly, ESG and sustainability create opportunities for companies in the real estate sector to make their business model future proof and to benefit the bottom line. ESG has thus become an important driver for business considerations.
Developments in Sustainable Finance: the role of the Sustainability Coordinator The rise of sustainability-linked loans in the syndicated loan markets draws the attention to the role of the Sustainability Coordinator, which plays a key role in loan transactions.