| Banking and Finance |
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Dutch Law of Property (Conflict of Laws) Act (Wet Conflictenrecht Goederenrecht) in force
In international situations, the question arises what law applies to the transfer of title to property and the creation of restricted rights.
The new Dutch Law of Property (Conflict of Laws) Act (“WCG”) in force since 1 May 2008, provides conflict rules.
The starting point of the WCG is that the legislation of the country where the assets are located (lex rei sitae) is the deciding factor.
Where it concerns immovable property, this will not easily cause problems.
It is more difficult where it concerns movable property, shares and claims.
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| Corporate |
Representation in a conflict of interest: the story continues…
Does the Dutch Supreme Court offer in practice the possibility to a shareholders’ meeting to refrain from adopting a resolution designating a specific person to represent the company?
What are the consequences of an unauthorized person representing the company because of a conflict of interest?
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| Employment |
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Bill on modification of directors’ position under employment law introduced
Government Minister of Justice Mr Hirsch Ballin presented a draft bill for consultation via the Internet.
The draft offers companies (BVs and NVs) the option to choose between the present (two-tier) system of an
executive board and a non-executive board, and a new system combining both (the one-tier system).
A proposal to modify the legal position of company directors forms part of this draft bill.
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Making contracts with a management BV: beware!
Management contracts are often made with the management BV (service company) of a private individual to prevent that a contract is qualified as an employment contract.
After all, an employment contract can be made only with a private individual.
A recent Supreme Court ruling shows that a court may still see through this trick and rule that an employment contract with the private individual was constituted.
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| Health Care |
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Claims against former Stichting Hestia director denied
The Amsterdam District Court threw out all claims which the Hospital Care Restructuring Board (CSZ) filed against the former director of Stichting Hestia for mismanagement.
Van Doorne represented the director in this court case.
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| Information Technology |
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Bill on the electronic forwarding of documents
Recently, a bill was presented to the Dutch Lower House, making it possible to conclude contracts, such as insurance policies, by e-mail.
The bill also offers more leeway for general terms and conditions being sent by e-mail than is currently available.
If the bill were to become law, this would mean considerable savings on postage for the business community.
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| Litigation and Insurance |
More leeway for cameras in courtrooms
The new press guidelines regarding coverage of court cases were introduced on 1 March 2008, giving the media more room to report from the courtroom.
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| Mediation |
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Conflict prevention increasingly popular in major projects
Mediators are increasingly engaged to prevent conflicts in large and complicated projects, for instance in building and merger transactions.
An escalation procedure in the collaboration contract can help if a conflict arises.
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Mediation pilot to prevent administrative appeals
In May, the alternative dispute resolution (mediation) pilot started in sixteen municipalities (including Rotterdam, Amstelveen, Breda, Tilburg and Eindhoven).
Its purpose is to reduce the number of administrative appeals.
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| Notarial Practice |
Maintenance fund mandatory for all homeowners’ associations
As of May 2008, all homeowners’ associations (VvEs) must by law have a reserve fund in place to cover expenses other than the usual annual costs, i.e. for large-scale maintenance.
Many VvEs appear not to have a fund in place to cover the cost of major repairs.
As urgent repairs require funds readily available and many owners do not have such money to spare at short notice, this could pose problems.
Our legislators decided that these problems could and should be circumvented.
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| Property |
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Van Doorne assists on successful Ministry of Defence PPP
The Dutch Ministry of Defence completed the public tender procedure for the Kromhout Kazerne PPP.
The contract was awarded to the Komfort consortium, which submitted the economically most favourable tender.
Van Doorne assisted the Ministry on this project from October 2005.
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| Public Law |
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New public health rules
The draft Public Health Decree is to replace the existing public health rules, including those pertaining to infectious diseases.
All rules concerning these will be combined.
The Decree includes rules providing that ports and airports must have emergency schemes and emergency services in place.
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