Nowadays, both private and professional parties increasingly enter a digital contract or settle for a scanned signature. The intention is of course no different than with a normal handwritten signature, namely, to bind the parties to certain obligations because they have indicated that they know the content of the contract […]
The whole world is currently experiencing a crisis on an unimaginable scale. This means that governments also have to take extraordinary measures. The damage that this situation has caused and will continue to cause can be enormous. The fact is that no one is currently in a position to assess […]
A bankruptcy application is a powerful tool for debt collection. If a debtor does not pay and the claim has not been disputed, a bankruptcy petition can often be used to collect a claim more quickly and cheaply. A petition for bankruptcy can be filed either by petitioner’s own request […]
The coronavirus has far-reaching consequences for all of us. We must try to stay at home as much as possible and work from home as well. This ensures that you spend more time with your partner every day than you did before. Most people are not used to spending so […]
Are you an independent entrepreneur and do you want to work in the Netherlands? Independent entrepreneurs from Europe (as well as from Lichtenstein, Norway, Iceland and Switzerland) have free access in the Netherlands. You can then start working in the Netherlands without a visa, residence permit or work permit. All […]
After spouses have decided to divorce, it often turns out that it is no longer possible to continue living together under one roof in the marital home. In order to avoid unnecessary tensions, one of the parties will have to leave. The spouses often manage to make agreements about this […]
Do you have a residence permit in the Netherlands based on a marriage with your partner? Then divorce can have consequences for your residence permit. After all, if you are divorced, you will no longer meet the conditions, your right to the residence permit will lapse and it can therefore […]
Introduction Starting a company of your own is an attractive activity for a lot of people and comes with several advantages. However, what (future) entrepreneurs seem to underestimate, is the fact that founding a company also comes with disadvantages and risks. When a company is founded in the form of […]
In many national and international trade contracts, they often tend to arrange arbitrage to settle business disputes. This means that the case will be assigned to an arbitrator instead of a national court judge. For the implementation of an arbitration award to be completed, it’s required for the judge of […]
Over the past years the Dutch trust sector has become a highly regulated sector. Trust offices in the Netherlands are under strict supervision. The reason for this is that the regulator has eventually understood and realised that trust offices are at great risk of becoming involved in money laundering or […]
For entrepreneurs, obtaining financial security is very important. When you enter into an agreement with another party, you want to make sure that the counterparty fulfils its contractual payment obligations. If you provide financing or make investments for the benefit of another person, you also want a guarantee that the […]
On the first of August, 2018, the Dutch money laundering and terrorist financing prevention act (Dutch: Wwft) has been in force for ten years. The main purpose of the Wwft is to keep the financial system clean; the law aims to prevent the financial system from being used for the […]
‘’Law & More helps and guides you and your partner with all steps of the application procedure for a residence permit.’’ Do you want to live in the Netherlands together with your partner? In that case you will need a residence permit. In order to qualify for a residence permit, […]
Liability of directors of a company in The Netherlands is always a much-discussed topic. Much less is said about the liability of shareholders. Nevertheless, it happens that shareholders can be liable for their actions within a company according to Dutch law. When a shareholder can be held liable for his […]
On the 25th of May, the General Data Protection Regulation (GDPR) will go into effect. With the instalment of the GDPR, protection of personal data becomes increasingly important. Companies have to take account of more and stricter rules with regard to data protection. However, various questions arise as a result […]
Introduction In our rapidly digitalizing society, the risks with regard to money laundering and terrorist financing become increasingly bigger. For organizations it is important to be aware of these risks. Organizations have to be very accurate with compliance. In the Netherlands, this especially applies to institutions which are subject to […]
Introduction Foreigners come to the Netherlands with a specific purpose. They wish to live with their family, or for example come here to work or study. The reason of their stay is called the purpose of stay. A residence permit can be granted by the Immigration and Naturalisation Service (hereafter […]
Introduction In our rapidly evolving society, cryptocurrency becomes increasingly popular. Currently, there are many types of cryptocurrency, such as Bitcoin, Ethereum, and Litecoin. Cryptocurrencies are exclusively digital, and the currencies and technology are kept safe by using the blockchain technology. This technology keeps a secure record of each transaction all […]
When you buy something in a web shop – even before you have had a chance to pay electronically – you are often asked to tick a box by which you declare to agree with the general terms and conditions of the web shop. If you tick that box without […]
In seven months, Europe’s data protection rules will undergo their biggest changes in two decades. Since they were created in the 90s, the amount of digital information we create, capture, and store has vastly increased.[1] Simply put, the old regime was no longer fit for purpose and cyber security has […]
Introduction The worldwide growth and increasing popularity of cryptocurrency has led to questions about the regulatory aspects of this new financial phenomenon. Virtual currencies are exclusively digital and organized through a network known as a blockchain, which is an online ledger which keeps a secure record of each transaction all […]
When visiting a foreign country by plane, it is common knowledge that one has to pass customs at the airport. Persons visiting the Netherlands have to pass customs at for instance Schiphol Airport or Eindhoven Airport. It often happens that the bags of passengers contain forbidden products, which then enter […]
Summary Preliminary witness examination Under Dutch law, a court may order a preliminary witness examination at the request of one of the (interested) parties. During such a hearing, one is obliged to speak the truth. It’s not for nothing that the legal sanction for perjury is a sentence of six […]
Prejudgment attachment: provisional security in case of a non-paying party Prejudgment attachment can be seen as a preservative, temporary form of attachment. Prejudgment attachment can serve to ensure that the debtor does not get rid of his goods before the creditor can seek actual redress through seizure under a writ […]
Introduction Anyone who wishes to establish a transport company, will have to be aware of the fact that this cannot be done overnight. Before starting a transport company, one will first have to face a generous amount of paperwork. For instance: every company that is engaged in the professional carriage […]
Introduction Helping international clients that have a business in the Netherlands is part of my daily practice. After all, the Netherlands is a great country to conduct a business in, but learning the language or getting used to the Dutch business practices can be at times complicated for foreign corporations. […]
The bureaucratic pain in the neck called “compliance” Introduction With the introduction of the Dutch Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft) and the changes that have since been made to this Act came a new era of supervision. As the name indicates, the Wwft was introduced in an attempt […]
Introduction Some of you probably know that as a hobby I publish books in translation from Eastern European languages into English and Dutch – http://www.glagoslav.com. One of my recent publications is the book written by a prominent Russian attorney Anatoly Kucherena, who has been handling the case of Snowden in […]
1. Introduction On May 20, 2015 the European Parliament adopted the Fourth Anti-Money Laundering Directive. On the basis of this Directive, every member state is obliged to establish a UBO register. All UBO’s of a company should be included in the register. As UBO will qualify each natural person that […]
