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BarentsKrans N.V.

PARKSTRAAT 107, PO BOX 30457, 2500 GL THE HAGUE, NETHERLANDS

Tel:: Work +31 70 376 0606
Fax:: Fax +31 70 365 1856

Web:: www.barentskrans.nl
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Joost Fanoy strengthens the antitrust & public procurement practice at BarentsKrans

February 2012

The Hague, February 2012 – As of February 1, 2012 Joost Fanoy has joined BarentsKrans' Antitrust & Public Procurement Practice Group as a senior associate.

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BarentsKrans N.V.

Legal milestone: Enterprise Chamber grants Clients Council right of investigation

Legal history was made recently when a clients' participation council (‘cliëntenraad’) of a care institution exercised its right of investigation (‘enquêterecht’).

- BarentsKrans N.V.

Legal Developments in Netherlands

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to

Recent developments Dutch Tax Consolidated Group

The District Court of the Hague rendered a remarkable decision regarding the scope of the consolidated group for tax purposes (“fiscal unity”) . This decision of the Court of District the Hague is contrary to two decisions of the District Court of Haarlem.

- Hill Smith King & Wood
APLLICATION OF MERGER FACILITY FOR A STANDARD COOPERATIVE

The Supreme Court of the Netherland recently ruled that the special tax regime for merger by exchange of shares is not applicable if a “standard” Dutch cooperative is be the acquiring company.

- Hill Smith King & Wood
New Late Payments Directive

Despite the implementation of Directive 2000/35/EC on combating late payment in commercial transactions in 2002, the European Commission (the “Commission”) concluded in 2008 that late payments were still widespread in the EU. It also turned out that public authorities in certain Member States were stipulating unjustifiably long contractual payment periods for transactions.

- Kennedy Van der Laan
Amendment of the Collective Redundancy Notification Act

On 1 March 2012 the Collective Redundancy Notification Act (Wet Melding Collective Outslug, "WACO") will be amended. What changes does this involve?

- Kennedy Van der Laan
New Corporate Law Legislation

In the field of corporate law, there are four (coming) Acts that attract attention, namely the introduction of the tenth book of the Dutch Civil Code, the amendment of the Marital Property Act and, to conclude, the coming entry into effect of the Management and Supervision Act and the Flexibilization of BV Act. Please find below a short explanation of each Act.

- Kennedy Van der Laan
Shipping & Transport - Netherlands

Attaching maritime assets in insolvency

- AKD Prinsen Van Wijmen N.V
The employment of foreign workers. What issues do you need to be aware of as an employer?

The employment of foreign workers regularly raises questions. A brief summary of the most important areas of attention will be dealt with in this article.

- AKD Prinsen Van Wijmen N.V
Non-solicitation agreement violated via LinkedIn

A non-solicitation agreement usually restricts the ability of an employee - after an employment contract has ended - to approach the clients of the former employer. The former employee of a software company recently discovered that the scope of such an agreement can also include contacts made via LinkedIn.

- AKD Prinsen Van Wijmen N.V
NETHERLANDS AS A GLOBAL FINANCE CENTRE

Few jurisdictions can boast a foreign direct investment record like the Netherlands. As the world's seventh largest inward receiver of investments, housing approximately 9000 foreign-owned companies, the country's dynamic business environment provides an invaluable insight into macro investment trends.

- AKD Prinsen Van Wijmen N.V
Forming a company in the Netherlands

The Netherlands and Dutch law The Netherlands is a perfect business location for foreign entrepreneurs (2,000 subsidiaries in Amsterdam, 140,000 jobs). It is the gateway to densely populated Western Europe and has a well-developed logistic and technical infrastructure.

- Russell Advocaten