Drafting proper minutes for the supervisory board
Minutes of supervisory board meetings are an important source of evidence in liability proceedings against supervisory directors, inquiry proceedings and bankruptcy investigations by trustees, it is important that minutes are drafted with proper care and give a fair and true reflection of the meeting.
The primary duty of the supervisory board is to supervise the policy of the management board and the general affairs of the company and its business. It is also the duty of the supervisory board to assess in advance whether the proposed strategy policy is desirable and feasible, as well as to monitor the results of that policy during its implementation.
Recent Dutch case law on the termination of agreements without cause
As part of transactions, parties often enter into term sheets and various types of ancillary agreements, such as consultancy or management agreements. Disputes concerning...Read more
COVID-19 and Dutch filing and accounting obligations
Earlier, at the end of last year, on LinkedIn we posted the legal alert below regarding director’s liability in bankruptcy pursuant to section 2:138/248 of the...Read more
Deliveroo drivers are employees
In February 2018, Deliveroo altered the relationship with its drivers in the Netherlands from an employment contract into a so-called partner agreement. However, less...Read more
Is exhaustion of trademark rights a matter of fact or a matter of intention?
The French company Moet Hennessy has lodged an appeal before the Netherlands Supreme Court against a decision of the court of appeal of The Hague to the effect that Moet...Read more
A push back against abuse of dominance in the pharmaceutical sector and high medicine prices
On 10 February 2021 the European Commission accepted commitments offered by pharmaceutical producer Aspen for price reductions for 6 critical cancer medicines. This...Read more
Every advantage has its disadvantage (and Vice Versa)
The General Court handed down a judgement in 2020 in which it annulled the Commission’s Decision regarding State aid granted to Valencia Club de Fútbol...Read more
Dutch scheme: tool or trouble?
The Netherlands finally has its own state of the art restructuring law, the Dutch Scheme. What does that bring GCs? A great tool if handled with care and otherwise...Read more