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The Flexible Working Act (Wfw) came into effect on January 1, 2016, and applies to employers with more than ten employees. The Wfw gives employees the right to request their employer to change their working hours, working times, and/or workplace. However, be aware that the law does not entitle employees to flexible working. Employers are not legally obligated to...
With all the objections lodged by local residents against various building plans, it's not often that – after unsuccessful objections to the zoning plan (amendment) and environmental permit (building permit) – a private law route is also pursued. And even if it does happen, it's also not often that it leads to a building ban in summary proceedings. <trp-gettext...
Edit: The TQL Mergers & Acquisitions has been updated through December 2015, including a discussion of the new SER Merger Code. Marein Smits, Tim Carapiet, and Thom Schölvinck are the authors of the Q&A on the mergers and acquisitions process and related issues, available at The Questions Library – www.tql.nl. Registration for access to the Q&A is free. This Q&A addresses questions...
Article 6:104 of the Dutch Civil Code is a special article whose application in case law is still underdeveloped. What is it about? The article reads as follows: "If a person who is liable to another person on the basis of an unlawful act or a breach of an obligation has profited from that act or breach, the court may, at the request of that other person, award damages...".
Family businesses in the Netherlands have largely left the crisis behind. Those operating internationally, in particular, have been in the black over the past year. This is the conclusion of Maarten Vijverberg of consultancy firm Clifton Finance in a survey of over 300 family businesses in the Netherlands. On Wednesday, November 11, Wintertaling, together with Clifton Finance, is hosting the annual dinner...
Effective 1 November 2015, Book 2 of the Civil Code has been amended for financial statements and their filing deadlines, also introducing a new category: the micro enterprise. The criteria for small, medium-sized and large have been adjusted. The longstanding 13-month publication term has been reduced to 12 months, the preparation term to 10 months. And finally, a supplementary publication requirement...
Since its founding in 2006, Wintertaling has entrusted its payroll administration to Tentoo, a dedicated Wintertaling partner. With our tenth anniversary approaching, Tentoo felt it was time to highlight the partnership with Wintertaling. You can read the full article on the Tentoo Payroll website.
As of November 1, 2015, Book 2 of the Dutch Civil Code (BW) has been amended for annual accounts and their publication periods. A new category of enterprises has been introduced: micro-enterprises. The criteria for small, medium, and large enterprises have been adjusted. The traditional 13-month publication period has been shortened to 12 months. The preparation period has been shortened to 10 months. Finally, enterprises in certain...
Life expectancy is increasing and medical options are numerous. However, where options exist, choices must be made. Imagine this. A terrible accident, but not fatal. From now on, you'll be a so-called "greenhouse plant." Never imagined, never desired. Your spouse thinks they know that. However, your offspring thinks fundamentally differently. <trp-gettext...
On 7 October 2015, the East Brabant District Court (ECLI:NL:RBOBR:2015:5797) ruled that a share issue can lead to joint and several liability of both the director personally and group companies towards a pledgee. (more…)
"Black money is no longer safe in Austria either," NOS reported last month. Austria was the last country in the European Union where people could have savings without the tax authorities knowing. Click here for the article.
One of the many reasons startups are well-advised to establish themselves in the Netherlands is that the Dutch government has hidden several incentives within the Dutch tax system for innovative companies and businesses. Martin Lambregts, tax attorney at Wintertaling, explains the WBSO as an advantage for startups in the Netherlands.
A settlement reached by a creditor with a subsidiary – if a so-called 403 declaration is involved – does not automatically imply that the creditor in question has waived its right of action against the parent company. The Supreme Court recently ruled that, due to the joint and several liability of a parent company, independent performance of a...
Today, an opinion piece by Martin Lambregts and Dennis Evertsz appeared in NRC. The article's gist: Airbnb hosts have nothing to fear from the tax authorities. NRC article, July 14, 2015: Martin Lambregts & Dennis Evertsz – Tax attack on Airbnb: fear not
On May 21, 2015, a successful workshop was held by the Employment Law section of Wintertaling. The workshop focused on the changes to the Work and Security Act that will take effect on July 1, 2015. Below you can find the handouts of the presentations by Jennifer Horsten and Wilfred Groustra. WWZ The transition payment May 21, 2015 Jennifer Horsten WWZ The New Dismissal Law May 21...
Review – September 5, 2017 Legal Counsel network event: STAYING AHEAD OF LEGAL TECH (Wintertaling & VVJIP)
On September 5th, Wintertaling, together with the Association for Legal Interim Professionals (VVJIP), organized a seminar on Legal Tech –
September 8, 2017
Treaty policy of the former Netherlands Antilles made public after request under the Government Information (Public Access) Act – Article by Dennis Evertsz
Click here for the article
August 25, 2017
Conversion of a house into hotel rooms and storage space into a house – Article by Bas van Vliet
Article Conversion of homes into hotel rooms
August 23, 2017
Q&A on the Unreasonably Long Payment Terms Act
Do you work for a large company and do you sometimes enter into agreements with SMEs or self-employed persons? Then this law may apply
July 1, 2017
Swap/derivatives losses? You need to act today!
Are you facing swap/derivative losses? Then it's time to act now! Especially with interest rate derivatives from before April 1, 2011.
June 28, 2017
Breaking news: a line through the pre-pack/flash bankruptcies.
In a judgment of 22 June 2017, the European Court of Justice struck out the rules applied in the Netherlands
June 22, 2017
Attention Works Council members and employees! The Dutch pre-pack is under fire.
Have you, as an employee or works council, been involved in a restart after bankruptcy, for example as a result of a so-called pre-pack?
June 15, 2017
Explanation of the pledge agreement – “court decision by a competent court”
In Dutch law, contracts are interpreted using the Haviltex standard. This means that not only
June 1, 2017
Wintertaling recommends “Plastic Soup Surfer”
On May 8, Edo Smid of Wintertaling spoke during the press conference of the “Source2Sea” campaign by Merijn Tinga, also
May 16, 2017
Global meeting Legal Netlink Alliance
Legal Netlink Alliance, a network of independent medium-sized law firms, of which Wintertaling is a member, will hold a meeting from 18 to 21 May 2018.
May 16, 2017
Introduction of the UBO register: opportunities for the Curaçao trust sector!
Edo Smid and Dennis A. Evertsz discuss the concerns about the UBO register and a possible solution for the shareholders who
March 13, 2017
Continuation of ACW 2016 – Procopio webinar: Developing an Appropriate Funding Strategy
After the successful event in September 2016 of Wintertaling StartupDesk in collaboration with Procopio Cory Hargreaves & Savitch LLP: 'Building and
February 17, 2017
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