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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 in Amsterdam answers questions from consumers, small business foundations and NGOs about the coronavirus [updated]

In a special Q&A, lawyers from our Amsterdam office share their legal expertise and strive to provide answers to questions put to us by consumers, self-employed persons, enterprises large and small, foundations and NGOs as a result of the corona crisis.

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,

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.

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.

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

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

ACM played high stakes and lost: no more fixed network access regulation

The ACM’s failure to meet the requisite standard of proof has led to the fixed networks of Dutch telecom providers KPN and VodafoneZiggo being free from access regulation.

EU competition policy agenda: full to the brim

The European Commission’s competition policy agenda stretches to 2024 and contains plans for many new or revised rules and guidelines.

How to meet (Dutch) substance requirements during the COVID-19 pandemic?

Measures taken by multiple jurisdictions in an attempt to stop the spread of the corona virus (COVID-19) affect many people and businesses.

Certain legal aspects of the corona crisis for the Dutch construction and rental industry

The spread of the coronavirus has developed into a severe crisis that is also affecting the construction and rental industry in the Netherlands. Catering operators and retailers are wondering whether they can pause their rent payments.

Key considerations for management and owners of Dutch privately held companies in distress due to COVID-19

The COVID-19 pandemic has a significant and immediate adverse effect on many companies in different industries. Many PE portfolio companies are particularly vulnerable given the typical high leverage finance structure and inherent need to maintain cash fl

Daisy Nijkamp and Job van Hooff present webinar on The Dutch scheme (WHOA) – the upcoming new Dutch restructuring tool

Daisy Nijkamp and Job van Hooff, in collaboration with Lexology, will present a webinar on WHOA on 2 April 2020. During the webinar they will look at a new bill prepared by the Dutch legislature - the Act on the Confirmation of Private Restructuring Plans

Additional Dutch tax measures to provide relief for economic impact corona crisis

Further to the measures already announced on 12 March 2020, the Dutch government earlier this week announced additional extraordinary measures (both tax and non-tax related) to mitigate the economic impact of the corona crisis. Below we will summarize som

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