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[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).

Stibbe advises Basic-Fit

Stibbe assisted Basic-Fit, Europe’s largest and fastest growing fitness chain, in its placement of 5,333,333 new ordinary shares through an accelerated bookbuild offering.

No proof of competitive disadvantage? No abusive favouritism

Companies claiming abuse of dominance in civil proceedings have their work cut out for them, as demonstrated by a ruling of the Amsterdam Court of Appeal. Real estate association VBO had accused dominant online platform Funda of favouritism. However, in l

Please share – ACM conditionally clears shared mobility platform merger

There may soon be a new competition tool available to tackle structural competition concerns in dynamic tech and platform markets. Until then, competition authorities resort to existing tools to deal with these markets.

The Dutch competition authority (A

More hurdles to cross: Foreign Direct Investment gaining momentum

Cross-border acquisitions and mergers may soon have an extra hurdle to cross before receiving the green light. In the EU, the development of FDI screening mechanisms has gained speed after COVID-19.

National Forum on the Payment System Publishes Guidance about Account Information Services

The Dutch National Forum on the Payment System (Maatschappelijk overleg betalingsverkeer - “MOB”) has published guidance on the transparency requirements for account information services providers (“AISPs”), a specific payment service regulated under PSD2

Restructuring & Insolvency in the Netherlands - 2020

What duties and potential liabilities should the directors/managers have regard to when managing a company in financial difficulties? Is there a specific point at which a company must enter a restructuring or insolvency process? 

Stibbe advises Avista Capital Partners

Stibbe advised Avista Capital Partners in the acquistion of a 50% stake in Vision Healthcare.

Stibbe is representing one of the largest global trust banks in entrusted assets

Stibbe is representing one of the largest global trust banks in entrusted assets, in a dispute relating to the EUR 1.3 billion Ageas/Fortis settlement, which was declared binding by the Amsterdam Court of Appeal after years of mass damage claims.

Stibbe represents ABN AMRO Bank

Stibbe represented ABN AMRO Bank in a major cross-border dispute.

Accountants advising in real estate transactions: be aware of penalties in mortgage deeds

The Court of Appeal of Arnhem-Leeuwarden ruled on 3 March 2020 that an accountant did not properly advise her client with respect to a sale of real estate (ECLI:NL:GHARL:2020:1875).

‘Dutch scheme’ adopted by the Dutch Parliament's House of Representatives

On 26 May 2020, the Dutch Parliament’s House of Representatives (Tweede Kamer) adopted the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord (“WHOA”)). The next step will see the WHOA put to vote in the Senate.

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 [...]

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