Bedtime stories about startups

Technological innovation comes with ethical and commercial challenges: legal decisions (should) weigh as equally important. Inventors turn into startup entrepreneurs, startups face (legal) challenges and making the right choices could mean the difference between disaster or unicorn status. Are you an ITL student and curious about the legal challenges of a startup during the different phases of the startup life cycle? Join our online introduction to startup legal aspects on Wednesday 4th November at 11.00AM! Sign up here

The workshop is offered by Wintertaling –  Amsterdam-based law firm in cooperation with the VU International Technology Law programme. This event is meant as an introduction to startup law, we will discuss various legal aspects of actual cases with plenty of examples from our practice. Additionally we plan to organize a follow-up physical event when Covid-19 allows it.

 

Tapasparty 2020

On the 10th of September, Wintertaling organized a tapas party in the roof garden of the office. In spite of the COVID-19 measures and 1,5-meter distance, it was a pleasant get-together, where people could meet again after a long time.
The evening was all about catching up and networking with old and new acquaintances. The roof garden, the sunny weather and the sangria gave the party a Spanish touch.

We thank all those who were present for the enthusiastic attendance. We hope for this to be repeated in better times!

Unclear legislation and regulations create difficulties in determining the UBO.

In case of private companies with limited liability (BVs) and public companies (NVs), other than those listed on a regulated market or 100% subsidiaries of such entities, a natural person who directly or indirectly holds more than 25% of the shares, voting rights or ownership interest in the company should be considered as the ultimate beneficial owner (UBO). In practice, however, it is sometimes difficult for a legal entity to determine the UBO. Such difficulty is well illustrated by the example set out below, regarding a BV that has issued cumulative preference shares. Read more

Wintertaling joins Capital Tour Online 2020!

Wintertaling is a proud partner to Capital Tour Online 2020!

Capital Tour Online 2020 connects startups and investors, to make sure that amazing ideas can prosper! This Tuesday 30 June 2020, we will be guiding startups to meet investors.

Check out the program on https://www.capitaltourxxl.com/program/ .

Want to join? Get you tickets here: https://www.eventbrite.nl/e/tickets-capital-tour-online-105418692146?mc_cid=0b959a8b83&mc_eid=54cc099fbd

Workshop GO!-NH 2020: Corona-edition

CC:

On 10 June, Wintertaling, together with Rutger Kemper (cofounder of Leapfunder, managing director of Presidents Institute), participated for the fifth time in the GO!-NH accelerator programme. This time they took part in one-on-one sessions on the legal and economic aspects of start-ups and financing. This session was followed by a combined webinar, in which the startups were informed about their professional lifecycle from incorporation to exit.

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DSA – Restartup – Wintertaking and Dutch Startup Association assist startups in Corona-times

Dutch Startup Association, the promoter of startups in the Netherlands, has launched ReStartup where partners of the DSA are linked to startups in need of advice in times of COVID-19. Wintertaling is pleased to give her support and to be able to provide several startups with advice. For more information on how Wintertaling can help your startup or scaleup, click here.

Can you break off M&A negotiations in the Netherlands? The nuclear option

Recently, the NCC (Netherlands Commercial Court) gave a judgement on broken off M&A negotiations as a result of the COVID-19 crisis. The Court denied the claim to carry on with completing the transaction and allowed the claim for the break-up fee, despite defendants invoking unforeseen (COVID-19) circumstances.  

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Emergency legislation: possible issues relating to general meetings

On 3 April last, the Ministry of Justice and Security announced emergency legislation: “to solve practical problems arising from the corona crisis.”

Part of this emergency legislation is that the management board may determine that the general meeting may only be followed via livestream, subject to the condition that members and shareholders can submit questions during the meeting or in advance, which will be answered no later than at the meeting itself.

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What are the consequences of the coronavirus (COVID-19) for entrepreneurs?

The effects of the coronavirus can currently be felt all around the globe. Great uncertainty about the duration of measures concerning the virus and ever more stringent measures cause many questions among entrepreneurs. Frequently asked questions are:

Picture Laura – Del, CC https://www.flickr.com/people/20519310@N04/.
  1. Can I invoke force majeure if I am unable to comply due to these circumstances?
  2. Can I invoke unforeseen circumstances if I am unable to comply due to these circumstances?
  3. Does an agreed penalty clause apply in the given situation?
  4. Does the insurance cover damages which result from closing a business or cancelling events due to the coronavirus?
  5. Can I still hold a shareholders’ meeting after the call for social distancing and the ban on assembly?
  6. What is the effect on me as a buyer in a business acquisition?
  7. To what extent can I, as an entrepreneur, rely on support measures from the Dutch government?

Below, we try to answer these most frequently asked questions concerning a company and the coronavirus. If you have any further questions about your specific situation, contracts or other questions about the legal consequences of the coronavirus, we will be happy to help you. Please feel free to contact Wintertaling Advocaten & Notarissen.

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