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Right to disclosure of bookkeeping limited by purpose
  • Stibbe
  • Netherlands
  • May 17 2016

In the event of bankruptcy, creditors are entitled to disclosure of the bookkeeping of the estate under certain conditions. In its decision dated 8

Is there still a future for rental guarantees (parts II and III)?
  • Clifford Chance LLP
  • Netherlands
  • January 7 2014

In April 2011 we published a client briefing in relation to Part I of this series (Hoge Raad (Dutch Supreme Court) 14 January 2011 Aukema qq v

Foreign judgments unlikely to influence Dutch OW Bunker rulings
  • AKD
  • Netherlands
  • November 25 2015

To date, the well-publicised bankruptcy fof marine fuel supplier OW Bunker has spawned an estimated $1.5 billion worth of claims worldwide. These

Update on Dutch partnerships
  • Baker & McKenzie
  • Netherlands
  • June 5 2015

The Dutch Supreme Court recently delivered two important and interesting judgments in the matter of partnerships. The first judgment relates to the

Good news for lenders in the Netherlands
  • NautaDutilh
  • Netherlands
  • September 23 2014

On 1 October 2012, the financial assistance prohibition for BVs (private companies with limited liability) was repealed. Under the new

Eversheds' Spotlight - the global financial services disputes and investigations (FSDI) briefing - April 2014
  • Eversheds LLP
  • European Union, France, Germany, Hong Kong, Ireland, Italy, Netherlands, Poland, Spain, United Arab Emirates, United Kingdom
  • April 17 2014

France has recently created a new role in the prosecution office, a Public Prosecutor specifically for financial offences with national jurisdiction

Supreme Court simplifies claw-back rule on funds transfers in insolvency proceedings
  • Clifford Chance LLP
  • Netherlands
  • May 8 2015

A basic principle of Dutch insolvency law is that a bankruptcy order by the court takes (retroactive) effect from 0:00 on the day on which the court

Supreme Court judgment on termination of lease agreements in the event of bankruptcy (Aukema Q.Q.Uni-Invest)
  • NautaDutilh
  • Netherlands
  • July 29 2011

1. Introduction Pursuant to Article 39 of the Bankruptcy Act, in the event of a lessee's bankruptcy both the lessor and the receiver have the right to prematurely terminate the lease agreement (if it is still running), with due observance of a notice period of no more than three months

Bankruptcy declared contrary to Dutch public order
  • NautaDutilh
  • Netherlands
  • July 11 2008

A recent decision of the Amsterdam District Court considered an issue that may arise in relation to the recognition of foreign bankruptcies where the law of the receiving state does not provide for admittance proceedings

Composition and Pre-insolvency Procedures in Europe: All Change?
  • Clifford Chance LLP
  • European Union, France, Germany, Italy, Netherlands, Russia, Spain, United Kingdom
  • March 18 2016

Legislative frameworks have been pushed to their limits whilst the economic environment has been in a prolonged state of distress. In this regard