WINTERTALING
News & Blogs
The first parts of the Work and Security Act (WWZ) were implemented on January 1, 2015, but these were regulations with limited impact. This is different with the regulations that will take effect on July 1: the new dismissal law and the transition payment. Every employer will be affected by these regulations, and they can also have significant financial consequences.
In a recent judgment of January 27, 2015, the Amsterdam Court of Appeal further clarified an earlier ruling on joint foundations from 2009.[1] This ruling impacts the assessment of issues surrounding the repair of joint foundations, which are particularly common in Amsterdam. (more&...
Public law regulations that are not specifically aimed at one or more owners are not considered "special burdens and restrictions" within the meaning of Article 7:15, paragraph 1, of the Dutch Civil Code, according to the Supreme Court. Click here for the full article, Supreme Court judgment, January 30, 2015, ECLI:NL:HR:2015:159. This contribution was written by Mr. FD Wijma.
Abraham Hartogh introduced the concentration of defense at the end of the nineteenth century. A relatively recent amendment to the law makes this rule relevant in summary proceedings. It seems risky for a defendant in summary proceedings to keep a few cards up their sleeve if, before the hearing, they voluntarily file a statement of defense or otherwise respond to the initial summons. <trp-gettext...
On January 9, 2015, the Supreme Court ruled that circumventing the chain rule in advance in a settlement agreement is not permitted. While a settlement deviating from mandatory law may be concluded to end an existing dispute, this may not be done to prevent a dispute. Otherwise, mandatory law could easily be set aside in advance, according to...
The question of whether a gift from a legal entity is taxable or not will initially be answered affirmatively by many. The 1956 Inheritance Tax Act stipulates that gift tax is levied on the value of anything received as a gift from "someone." However, Dennis Evertsz believes it is questionable whether "someone" also includes a legal entity...
Parties operating jointly under a private limited company (BV) often decide to regulate their relationship not only through the BV's articles of association, but also to enter into a shareholders' agreement to formalize their relationship. What if an agreement in the shareholders' agreement conflicts with the BV's articles of association or a statutory provision? Recently...
Charles Langereis, in collaboration with Arjen van Rijn (De Clerq Advocaten), is representing BETA, BOVAG, and a group of independent gas station operators in the summary proceedings they filed against the State. The hearing, which focused on compensation for the damages incurred as a result of last year's excise duty increases, was held on January 20, 2015. During the proceedings, it is crucial that...
The acquisition of immovable property (located in the Netherlands), including any right to which it is subject (for example, a leasehold), is subject to transfer tax under the Dutch Transfer Tax Act (WBR). Article 13 of the WBR stipulates that if the acquisition of immovable property occurs within 6 months after...
Attorneys Charles Langereis and Martin Lambregts, along with Arjen van Rijn of De Clerq Advocaten, are representing petrol station operators in the border region in their fight against the recent excise duty increase on diesel and LPG. This excise duty increase is causing petrol station operators in the border region to lose many customers to Belgium and Germany, making it impossible for them to operate their stations profitably.
December 2, 2014 – Marein Smits and Taco Heerkens Thijssen (Wintertaling Corporate/M&A) describe the use of anti-dilution provisions in venture capital transactions under Dutch law. See the article at: https://mena.nl/artikel/24857/high-profile-venture-capital-transacties:-anti-verwateringsbepalingen
To sell or not to sell – article by Marein Smits
Article Fiscal Return Oops by accident
Tim Carapiet, Corporate/M&A attorney at Wintertaling Attorneys and Civil-Law Notaries, answers a legal question on the BNR radio program "Legal Affairs." A certificate holder in a family business wonders whether and how he can exercise his (shareholder) rights. Listen below to the segment from October 14, 2014: https://www.bnr.nl/?player=archief&fragment=201410...
Wintertaling's live viewing party ASV “The Power of Storytelling” a success
Last Wednesday, November 30, 2016, Wintertaling hosted the live viewing party “The Power of Storytelling: Raise Money, Win Your Market, Build Your
December 1, 2016
Opening of the exhibition "The Seasons" by Jiro Inagaki at the Wintertaling office
On November 12, 2016, the opening of the exhibition “THE SEASONS” by JIRO INAGAKI (1933 -2008) took place at the
November 14, 2016
Wintertaling participates in the Run for the Hunger
Just like in previous years, Wintertaling is again committed to sponsoring The Hunger Project Benin this year.
November 9, 2016
Wintertaling/AmsterdamCapitalWeek a success!
Now that the ACW dust has settled here again, the question arises: was the premiere of Wintertaling on the
September 27, 2016
Wintertaling x Amsterdam Capital Week workshop: 'Building and Funding a Great Start-up – Are You Silicon Valley Ready?'
On September 26, Wintertaling, together with Procopio, a law firm from Silicon Valley, is organizing the workshop 'Building and Funding a
September 1, 2016
Sports and Punishment – Blog Bas van Vliet
Click here for the article
August 12, 2016
Informal opening reception at Eindhoven location, July 21, 2016
Strategy Advocacy: Edo Smid and Martin Poelman will host an informal opening reception at our new location at Eindhoven Airport – July 21
July 26, 2016
Interview with Martin Lambregts – Legal Affairs BNR News Radio regarding renting out your (own) home during your holiday
On Tuesday, July 5, Martin Lambregts was a guest in the studio at BNR Nieuwsradio for the program Legal Affairs
July 11, 2016
Business Valuation & Start-ups
Business valuators also do startups! Marein Smits, core lecturer in Law at the Business Valuation program at the Rotterdam School of Management,
July 4, 2016
No suspensive objection decision period despite refusal to provide information – publication by Martin Lambregts
Click here for the publication
June 14, 2016
Panama Papers, turning in and playing hide and seek with the tax authorities – Blog Martin Lambregts
Newspapers, magazines, and news magazines are full of the Panama Papers. This large-scale and international "tax scandal" is being reported from many different angles.‘
April 26, 2016
Central registration of stakeholders in companies – Shareholder register and UBO register to prevent 'Panama Paper' scenes?
Even before the Panama Papers hit the headlines, there was a desire for a central register of shareholders
April 22, 2016
