News & Blogs

The Dutch Startup Association, the advocacy group for Startup-Nederland, has launched ReStartup, connecting DSA partners with startups in need of advice during the COVID-19 pandemic. Wintertaling is pleased to support this initiative and provide advice to several startups. For more information about how Wintertaling can help your startup or scaleup,...

In the case of a private limited company (BV) or unlisted public limited company (NV), a natural person who directly or indirectly holds more than 25% of the shares, voting rights, or ownership interest in the company must be considered the ultimate beneficial owner (UBO). In practice, however, it is not always easy for a legal entity to determine the UBO. This is illustrated below...

The legal obligation to hold a general meeting at least once a year and to approve the annual accounts remains in effect. How best to handle this while also adhering to social distancing depends on your situation and your articles of association. In this article, we describe the situation under current law. Emergency legislation is currently being developed...

On April 3, the Ministry of Justice and Security announced emergency legislation to "solve practical problems resulting from the coronavirus crisis." Part of this emergency legislation is that the board can determine that the general meeting can only be followed via livestream, provided that members and shareholders are present during the meeting or in advance...

No one seems happy about it, but it's coming anyway: the UBO register. This list of directors originated in Brussels and is intended to reduce the risk of financial and economic crimes in all EU member states and increase public transparency by providing insight into who is in charge of legal entities. This includes directors of foundations, associations, and religious denominations...

The impact of the coronavirus is currently being felt by everyone worldwide. Significant uncertainty about the duration of virus restrictions and the ever-increasing tightening of measures are raising many questions for entrepreneurs. Frequently asked questions include: Picture Laura – Del, CC https://www.flickr.com/people/20519310@N04/. Can I invoke force majeure if, due to these circumstances, I...

Dear customer, The entire country is in the grip of the coronavirus (COVID-19), and this is impacting our daily lives. Many businesses and institutions are temporarily closed or are trying to continue providing services as best as possible in other, unconventional ways. We would like to inform you about Wintertaling's services during the coronavirus pandemic and the measures...

Wintertaling has created a fact sheet for its employees regarding the Coronavirus. See the link below: Wintertaling Coronavirus Fact Sheet & Protocol

Supervision within family businesses has its own unique dynamic. Formalizing it is a specialty of Marein Smits. In her view, the familiar kitchen table may create a sympathetic image, but when a dispute arises, the family business has nothing to fall back on. Fambizz spoke with her about issues such as business succession and the role of "the cold side." The article is...

On Monday, January 13, CICERO (Amsterdam's largest legal advocacy association) welcomed Edo Smid, partner and attorney at Wintertaling, as a guest speaker. Edo Smid works in corporate law on a daily basis. He focuses on real estate investments, joint ventures and collaborations, corporate litigation and dispute resolution, corporate (re)structuring, and more.

GENERALLY BINDING DECLARATION (AVV) OF COLLECTIVE AGREEMENTS PART II: A true Christmas present from the Council of State: exemption for company collective bargaining agreements. The Council of State, Judicial Division, hereinafter: the Division, issued two rulings on December 18th that appear to revive the stagnant system of exemptions from company collective bargaining agreements (AVVs). Is this a turning point? Exemption from company collective bargaining agreements:...

DECLARING GENERALLY BINDING COLLECTIVE AGREEMENTS PART I: GUARDIANS AND GUARDIANS What is a collective bargaining agreement (CAO)? A collective bargaining agreement (CAO) can be declared generally binding (CAO). If a CBA is declared a CBA, it becomes mandatory in the relevant sector. The precise scope is described in the CBA itself, usually in… Read more

The Minister has relaxed the PFAS standard, effective November 29th. See the table below: https://www.rijksoverheid.nl/binaries/rijksoverheid/documenten/kamerstukken/2019/11/29/aanpassing-tijdelijk-handelingskader-pfas/aanpassing-tijdelijk-handelingskader-pfas.pdf Compared to the situation at the time of our recent presentations to Bouwend Nederland – see...

UBO register: game changer. On November 26, 2019, Onno Cusell and Dennis Evertsz, representing Wintertaling, along with Tony de Bree, gave a presentation on the upcoming UBO legislation and regulations. The presentation focused on the content of the UBO register, the privacy of individuals and companies included in it, and the extent to which companies must go in identifying and verifying their customers. UBO...

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