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Directors of a company should at all times be guided by the interest of the company. What if directors have to make decisions that involve their own personal interests? What interest prevails and what is a director expected to do in such a situation? When is there a conflict of interest? When managing the company, […]

2021 is a year in which a few things will change in the field of legislation and regulations. This is also the case with regard to transfer tax. On November 12, 2020, the House of Representatives approved a bill for the adjustment of the transfer tax. The aim of this bill is to improve the

Ownership is the most comprehensive right a person can have in a good, according to the Civil Code. First of all, that means that others must respect that person’s ownership. As a result of this right, it is up to the owner to determine what happens to his goods. For example, the owner can decide

In 2012, BV (private company) law was simplified and made more flexible. With the entry into force of the Law on Simplification and Flexibility of BV Law, shareholders were given the opportunity to regulate their mutual relationships, so that more room was created to adapt the structure of the company to the nature of the

The Trade Secrets Act (Wbb) has applied in the Netherlands since 2018. This Act implements the European Directive on the harmonization of the rules on the protection of undisclosed know-how and business information. The aim of the introduction of the European Directive is to prevent the rule fragmentation in all Member States and thus to

Pregnancy, unfortunately, is not a matter of course for every parent with a desire to have children. In addition to the possibility of adoption, surrogacy could be an option for an intended parent. At the moment, surrogacy is not regulated by law in the Netherlands, which makes the legal status of both the intended parents

In practice, intended parents increasingly choose to start a surrogacy programme abroad. They may have various reasons for this, all of which are linked to the precarious position of the intended parents under Dutch law. These are briefly discussed below. In this article we explain that the possibilities abroad can also involve various problems due

When a child is born, the mother of the child automatically has parental authority over the child. Except in cases where the mother herself is still a minor at that time. If the mother is married to her partner or has a registered partnership during the birth of the child, the father of the child

To this day, the Netherlands has three legal forms of partnerships: the partnership, the general partnership (VOF) and the limited partnership (CV). They are mainly used in small and medium-sized enterprises (SMEs), the agricultural sector and the service sector. All three forms of partnerships are based on a regulation dating back to 1838. Because the

It regularly happens that employers have doubts about their employees reporting their illness. For example, because the employee often reports sick on Mondays or Fridays or because there is an industrial dispute. Are you allowed to question your employee’s sickness report and suspend payment of wages until it is established that the employee is actually

Divorce involves a lot The divorce proceedings consist of a number of steps. Which steps have to be taken depends on whether you have children and whether you have agreed in advance on a settlement with your future ex-partner. In general, the following standard procedure should be followed. First of all, an application for divorce

It is very annoying if your instructions are not followed by your employee. For example, the one employee on whom you cannot count on to appear on the work floor around the weekend or the one who thinks that your neat dress code does not apply to him or her. If this happens repeatedly it

What is alimony? In the Netherlands alimony is a financial contribution to the cost of living of your former partner and children after a divorce. It is an amount that you receive or have to pay monthly. If you don’t have enough income to live on, you can get alimony. You will have to pay

If disputes have arisen within your company that cannot be resolved internally, a procedure before the Enterprise Chamber may be a suitable means of resolving them. Such a procedure is called a survey procedure. In this procedure, the Enterprise Chamber is asked to investigate the policy and course of affairs within a legal entity. This

During a probationary period, employer and employee can get to know each other. The employee can see if the work and company are to his or her liking, while the employer can see if the employee is suitable for the job. Unfortunately, this can lead to dismissal for the employee. Can the employer dismiss an

Do you want to get rid of an agreement? That is not always possible right away. Of course, it is important whether there is a written agreement and whether agreements have been made about a notice period. Sometimes a statutory notice period applies to the agreement, while you yourself have not made any concrete agreements

It used to be customary to marry someone of the same nationality or of the same origin. Nowadays, marriages between people of different nationalities are becoming more common. Unfortunately, 40% of marriages in the Netherlands end in divorce. How does this work if one lives in a country other than the one in which they

If you have minor children and you get divorced, agreements must be made about the children. The mutual agreements will be laid down in writing in an agreement. This agreement is known as the parenting plan. The parenting plan is an excellent basis for getting a good divorce. Is a parenting plan compulsory? The law

A fight divorce is an unpleasant event that involves a lot of emotions. In this period it is important that a number of things are properly arranged and therefore it is important to call in the right help. Unfortunately, it often happens in practice that the future ex-partners are unable to reach agreements together. Parties

Have you broken the corona rules and been fined? Then, until recently, you ran the risk of having a criminal record. The corona fines continue to exist, but there is no longer a note on the criminal record. Why have criminal records been such a thorn in the side of the House of Representatives and

Dismissal is one of the most far-reaching measures in employment law that has far-reaching consequences for the employee. That is why you as an employer, unlike the employee, cannot simply call it quits. Do you intend to fire your employee? In that case, you must bear in mind certain conditions for a valid dismissal. First

The basic principle applies in Dutch compensation law: everyone bears his own damage. In some cases, simply no one is liable. Think, for example, of damage as a result of hailstorms. Was your damage caused by someone? In that case, it may only be possible to compensate the damage if there is a basis for

When an immigrant obtains a residence permit, he or she is also granted the right to family reunification. Family reunification means that the family members of the status holder are allowed to come to the Netherlands. Article 8 of the European Convention on Human Rights provides for the right to respect family life. Family reunification

Under certain circumstances, termination of the employment contract, or resignation, is desirable. This may be the case if both parties envisage resignation and conclude a termination agreement in this regard. You can read more about the termination by mutual consent and the termination agreement on our site: Dismissal.site. In addition, termination of the employment contract

Obligations of the employer and the employee according to the Working Conditions Act Whatever work you do, the basic principle in the Netherlands is that everyone should be able to work safely and healthily. The vision behind this premise is that the work must not lead to physical or mental illness and not at all

A debtor who is no longer able to pay his outstanding debts has a few of options. He can file for his own bankruptcy or apply for admission to the statutory debt restructuring arrangement. A creditor can also apply for the bankruptcy of his debtor. Before a debtor can be admitted to the WSNP (Natural

A well-known lawsuit of 2019 [1]: The Mexican regulatory body CRT (Consejo Regulador de Tequila) had started a lawsuit against Heineken which mentioned the word Tequila on its Desperados bottles. Desperados belongs to Heineken’s select group of international brands and according to the brewer, is a “tequila flavoured beer”. Desperados is not marketed in Mexico,

Both employees and employers can come into contact with dismissal in various ways. Do you choose it yourself or not? And under what circumstances? One of the most drastic ways is immediate dismissal. Is that the case? Then the employment contract between the employee and the employer will end instantly. Within the employment relationship, this

Financial agreements are part of the divorce One of the agreements usually concerns partner or child alimony: contribution to the cost of living for the child or ex-partner. When the ex-partners jointly or one of them files for divorce, an alimony calculation is included. The law does not contain any rules on the calculation of

Everyone takes pictures almost every day. But hardly anyone pays attention to the fact that an intellectual property right in the form of copyright comes to rest on every photo taken. What is a copyright? And what about, for example, copyright and social media? After all, nowadays the number of photos taken that subsequently appear

What is your business worth? If you want to acquire, sell, or simply know how your company is doing, it is useful to know the answer to this question. After all, although the value of a company is not the same as the final price that is actually paid, it is the starting point in

Are you married or do you have a registered partnership? In that case, our law is based on the principle of care and upbringing of the children by both parents, according to Article 1: 247 BW. About 60,000 children are faced with divorce from their parents every year. However, even after the divorce, the children

The court verdicts often contain orders for one of the parties to pay damages determined by state. The parties to the proceedings are thus at the basis of a new procedure, namely the damages assessment procedure. However, in that case the parties are not back to square one. In fact, the damage assessment procedure can

Bullying at work is more common than expected Whether neglect, abuse, exclusion or intimidation, one in ten people experience structural bullying from colleagues or executives. Nor should the consequences of bullying at work be underestimated. After all, bullying at work not only costs the employers four million extra days of absenteeism per year and nine

Choose one or more first names for children In principle, the parents are free to choose one or more first names for their children. However, in the end you may not be satisfied with the chosen first name. Do you want to change your first name or that of your child? Then you need to

It sometimes happens that a director of a company gets fired. The way the director’s dismissal can take place depends on his legal position. Two types of directors can be distinguished within a company: statutory and titular directors. The distinction A statutory director has a special legal position within a company. On one hand, he

One of the most discussed topics in the World Cup of 2014. Robin van Persie who equalizes the score against Spain in a gliding dive with a beautiful header. His excellent performance also resulted in a Calvé advertisement in a form of a poster and a commercial. The commercial tells the story of a 5

When you get divorced, a lot changes in your family. If you have children, the impact of a divorce will be very big for them as well. Younger children in particular may find it difficult when their parents get divorced. In all cases, it is important that the children’s stable home environment is harmed as

Divorce is often accompanied by disagreement between partners. When you and your partner separate and cannot agree with each other, conflicts will arise that in some cases can even escalate. A divorce can sometimes bring out the bad in someone because of their emotions. In such a case, you can call in a lawyer to

Anyone can face dismissal There is a good chance, especially in this uncertain time, that the decision regarding dismissal will be taken by the employer. However, if the employer wants to proceed with dismissal, he still must base his decision on one of the specific grounds for dismissal, substantiate it well and prove its existence.