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AKD

PO BOX 59280, 1040 KG AMSTERDAM, NETHERLANDS
Tel:
Work +31 88 253 5000
Fax:
Fax +31 88 253 5001
Email:
Web:
www.akd.nl
Amsterdam, Breda, Brussels, Eindhoven, Luxembourg, Rotterdam

I. IOI Corp (Corporate/M&A)

AKD advised IOI Corp. of Malaysia, a sustainable palm oil player that is listed at the Kuala Lumpur stock exchange, in the divestment of a 70% controlling stake in its IOI Loders Croklaan division for EUR 297 million plus USD 595 million to Bunge (NYSE: BG), a leading global agribusiness and food company with Dutch heritage dating back to 1818.

Bunge is one of the four players that together form the so-called ABCD quartet of Archer-Daniels-Midland, Bunge, Cargill and Louis Dreyfus that dominates the global agri-trade business. This transaction values the entire Loders Croklaan division at EUR 425 million plus USD 850 million. The transaction is expected to close within the next 12 months, subject to regulatory and other customary approvals which include the approval of a majority of IOI's shareholders.

After the transaction Loders will, in combination with Bunge, be part of a global agri-food company with differentiated and comprehensive product offerings based on both tropical and seed oils, and world-class formulation and application capabilities. Loders will continue its focus on being a leading specialty edible-oils solution provider with premier formulation and application capabilities, backed by a traceable and sustainable supply chain in tropical oils, particularly palm oil.

AKD advised IOI Corp. on all aspects of this transaction, including M&A, tax and worldwide anti-trust matters.

II. Municipality of Kampen (Public Law)

We helped the municipality of Kampen out of an impasse after the Council of State rejected a zoning plan to develop a recreational area, a yacht harbour and 1300 luxury villas for local and regional housing needs. We investigated the long time contractual and political agreements with the Province and the capital of the province regarding the project and helped the municipality back on track by investigating the legal possibilities to correct the plans and to formulate legal arguments to help the other administrations involved to go ahead as well.

Following that, AKD assisted the municipal board on renegotiating the project with the other administrations involved, worked towards the new zoning plan and advises on the issues at hand, especially issues regarding nature and wildlife protection. By doing so, we got the plans back on track that otherwise would have cost some 20 million euro’s as investments of the municipality of Kampen in properties in the area.

We combined our knowledge of planning and environmental law with knowledge of administrative contracts and contractual enforcement issues, in a highly political relevant case. Having succeeded, we helped the municipality to regain control over the other administrations involved and assisted in the municipal political process to continue the project and to start a new zoning plan. Regarding the zoning plan, AKD advises on the difficult nature and wildlife protection aspects and new proceedings before the Council of State.

III. The Ocean Cleanup (Transport & Energy)

AKD assists The Ocean Cleanup in the development process of a floating installation that can remove 50% of the Great Pacific Garbage Patch in 5 years' time. Issues addressed by AKD include whether the floating installation may be considered a vessel, and which laws and regulations are applicable to the installation from a Dutch and international public law perspective.

The Ocean Cleanup is a non-profit organisation, developing advanced technologies to rid the world's oceans of plastic. It was founded by Dutch inventor Boyan Slat at age 18.

Visit the website of The Ocean Cleanup for more information on this project.

AKD's team consists of Taco van der Valk and Vivian van der Kuil.

Legal Developments by:
AKD

Legal Developments in Netherlands

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • 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.
  • 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?
  • 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.
  • Shipping & Transport - Netherlands

    Attaching maritime assets in insolvency
    - AKD
  • 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
  • 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
  • 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
  • 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.
  • Leasing of commercial premises in the Netherlands

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  • Employment of foreign workers in the Netherlands

    The employment of foreign workers in the Netherlands regularly raises questions. What issues do you need to be aware of as an employer? A brief summary of the most important areas of attention will be dealt with in this article.
    - AKD