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Q&A document published on the new Dutch tax classification rules for (foreign) entities

The Dutch Tax Authorities published a Questions and Answers document (the “Q&A”) addressing various questions which arose in practice in connection with the new Dutch tax classification rules for (foreign) entities.

Stibbe advised MultiSafePay

Stibbe advised MultiSafePay on all corporate and financial regulatory aspects of the acquisition of MultisafePay by ANT.

Dutch Supreme Court clarifies rent increase clause: surcharge of 3% in addition to the agreed indexation according to the CPI is not unfair

Since 2023, there has been a debate as to whether such a surcharge clause should be considered unfair within the meaning of European Directive 93/13/EEC. Case law on this issue and on the possible legal consequences has been divided.

Stibbe advises Ballast Nedam, Heijmans, Fluor and 3i on the PPP A9 Gaasperdammerweg roads project

The Minister of Infrastructure and Water Management officially opened the first lanes of the Gaasperdammertunnel on the A9 in Amsterdam-Zuidoost on 5 July. The Gaasperdammertunnel forms part of the PPP SAA A9 Gaasperdammerweg roads project.

Stibbe advises Rhône Group and The Chatterjee Group

Stibbe advised private equity firm Rhône Group and The Chatterjee Group on the joint acquisition of McDermott International, Inc.’s Lummus Technology Group.

E-book NOW-2: Second Temporary Emergency Bridging Measure Work Retention

On 17 Mar 2020, Dutch cabinet announced the first emergency support package to address corona crisis impact for the purpose of Work Retention and Self-Employed persons.

European Commission to pull the strings of foreign subsidies

The European Commission is adding powers to its toolbox to ensure a level playing field between European and foreign(-backed) companies active on the EU market.

Return to sender: Court annuls ministerial unblocking of postal merger

The Rotterdam District Court has annulled the Dutch Minister’s very first clearance of a blocked merger (between postal operators PostNL and Sandd), on grounds of public interest.

New competition tool: something old, something new, something borrowed

Large online platforms may face more regulatory obligations, whilst non-dominant companies’ unilateral conduct may soon be curbed.

Stibbe advises the Dutch State

Stibbe advised the Ministry of Economic Affairs and Climate Policy on securing new funding for SMART Photonics.

European Banking Federation Guidance on testing of Cloud Exit Strategy

Financial institutions may outsource critical or important functions to cloud service providers (“CSPs”). On 25 February 2019 the European Banking Authority (“EBA”) provided guidelines (the “EBA Guidelines”) laying out the framework for outsourcing arrang

Stibbe advises HEMA’s management board

Stibbe is advising HEMA’s management board on HEMA’s debt restructuring.

[Update] Dutch Senate adopts UBO register bill

Today (23 June 2020), the Dutch Senate adopted the bill to implement the Dutch Ultimate Beneficial Owner (''UBO'') register (''UBO register''). We expect the Act to enter into force soon.

Rent reduction based on Dutch government coronavirus measures: possible or not?

The economic consequences of the 'intelligent lockdown' for the commercial rental sector are slowly becoming visible. Examples of these consequences include a considerable drop in demand, forced closings, and government-imposed operating limitations.

Public investment funds in the Netherlands - 2020

What does the fund registration process involve, e.g., what documents are required to be filed? What are the consequences for failing to register a fund that is required to be registered in Dutch jurisdiction? Or, What are the types of entities that can b

Stibbe advises L.I.F.E

Stibbe successfully advised real estate developer L.I.F.E. on setting up XL Fund with Xior Student Housing.

Public Consultation on the Industry Carbon Tax Act: levy and trade in dispensation rights

The public consultation on the Industry Carbon Tax Act (Wet CO2-heffing industrie) began on 24 April 2020. The government has already announced the carbon tax in the Climate Agreement.

Limitation in case of a deliberately hidden claim

Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code).

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