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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.

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 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 [...]

Stibbe 'Netherlands Tax Firm of the Year'.

The International Tax Review has chosen our Amsterdam Tax team as 'Netherlands Tax Firm of the Year'. This is Stibbe's fourth recognition in recent years, after receiving this distinguished title in 2015, 2017 and 2019.

Stibbe advises Dutch State on support to Royal IHC

Stibbe is advising the Ministry of Economic Affairs and Climate Policy on a short-term bridging loan and guarantee facility provided to the leading Dutch maritime player Royal IHC and on the acquisition of Royal IHC.

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.

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.

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

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