act Fort Advocaten > Amsterdam, Netherlands > Firm Profile
act Fort Advocaten Offices
Teniersstraat 1
1071 DX Amsterdam
Netherlands
act Fort Advocaten > The Legal 500 Rankings
Netherlands > Industry focus: retail Tier 2
Real estate and corporate advice form the key pillars of act Fort Advocaten's retail practice, which covers transactional matters, franchising, employment issues and disputes. Members of the team act for clients in the food and household goods sectors, in addition to investors with holdings in the retail sector. Practice co-head and managing partner Katinka Verdurmen handles both transactional and contentious real estate transactions and leases, and acts for both franchisors and franchisees on franchise agreements. Petrol sector specialist Dirk van den Berg co-heads the team, handling leasing matters for retailers.Practice head(s):
Katinka Verdurmen; Dirk van den Berg
Testimonials
‘Personal, engaged, persistent, accurate, agreements are met.’
‘Katinka Verdurmen is a charming and very persistent lady who can think strategically. She understands well that it is not about one stroke, but about the end result.’
Key clients
Association of franchisees of Albert Heijn
Nespresso Nederland B.V.
Subway International B.V.
Bagels & Beans B.V.
Mirage Retail Group B.V.
Wave International B.V./Provalliance Netherlands B.V.
Association of franchisees of McDonald’s
Oogwereld B.V.
Ball Wholesale ApS
JD Sports Fashion B.V./Sports Unlimited Fashion B.V.
Yves Rocher Nederland B.V.
Søstrene Grene
Den Hartog B.V.
Manhave Investments B.V.
Blauwdruk Investeringen B.V.
Work highlights
- Acted for the association of franchisees of Albert Heijn on a complex dispute with franchisor Albert Heijn on the annual financial settlements from 2008 onwards and the interpretation of the agreed financial arrangements for the future.
- Advised leading retail chain Mirage Retail Group (Blokker, Intertoys, MINISO and BCC) on the process of formula transformation and on various rental, real estate and franchise-law related matters.
Netherlands > Real estate Tier 4
Specialists in corporate and real estate law, act Fort Advocaten is known for its work in the retail, hotel and leisure segments. The practice handles both contentious and non-contentious issues, and is jointly led by Pieter Twaalfhoven, Katinka Verdurmen, Dirk van den Berg and Mirre Vermeer, who excel in a broad range of real estate matters. Asmara Kalter assists the team with civil real estate law issues and commercial contracts.Practice head(s):
Pieter Twaalfhoven; Katinka Verdurmen; Dirk van den Berg; Mirre Vermeer
Other key lawyers:
Testimonials
‘Due to their niche position within the real estate and business practice, they have in-depth knowledge and extensive experience in the real estate market. They are extremely well informed about all new regulations and consistently deliver high-quality work. What really sets Fort apart is their quick response and their accessibility. All lawyers we work with are strong both substantively and socially. We are therefore extremely satisfied with our collaboration with them. ’
‘Pieter Twaalfhoven is extremely sharp, accurate, proactive and has the ability to come up with practical solutions that fit seamlessly with business operations.’
‘Katinka Verdurmen is a very qualified lawyer in the field of real estate and especially in lease law. Easy access and great sparring partner. Aware of latest knowledge.’
‘Qualified in real estate. Client friendly firm. Easy access and involvement from lawyers and partners. Can compete with the large law firms with their expertise. ’
Key clients
Amrâth Hotels & Restaurants B.V.
Nedstede Retail B.V.
Mirage Retail Group B.V. (Blokker, Intertoys, MINISO, BCC)
Metroprop B.V.
JD Sports Fashion B.V. / Sports Unlimited Retail B.V.
Corendon Hotels & Resorts B.V.
Wisdom Holding Netherlands B.V
De Vijf Heeren B.V.
CASA 23 B.V.
IHM Group Holding B.V.
Spring Real Estate B.V.
Blauwdruk Investeringen B.V.
Manhave Investments B.V.
Nespresso Nederland B.V.
SynVest Dutch Real Estate B.V.
Søstrene Grene
Vastwas B.V.
PATRIZIA Netherlands B.V.
Segesta Groep B.V.
Work highlights
- Advised real estate investor Nedstede Holding on a large dispute related to the monthly rental payments with regard to Covid-19.
- Advised Amrâth Hotels & Restaurants on the acquisition of the Airport Hotel Rotterdam, the Berghotel in Amersfoort and Hotel Bigarré in Maastricht.
- Advised real estate developer De Vijf Heeren on a dispute regarding the execution of a building contract with Ballast Nedam with regard to a 154-metre residential tower in Rotterdam.
Netherlands > Dispute resolution: Commercial litigation Tier 5
Retail disputes, conflicts between real estate developers, and disputes arising out of construction projects are all matters handled by act Fort Advocaten. The firm specialises in corporate and real estate law and is largely sought out by Dutch companies for assistance with contentious issues. Practice head Berth Brouwer is experienced in both commerical and corporate litigation and is adept at resolving potential conflicts prior to any proceedings, as well as representing clients in court.Practice head(s):
Berth Brouwer
Testimonials
‘Practical and very experienced.’
‘The Fort team are originally specialists in the real estate and corporate practice areas and this specialisation is clearly reflected in the way they deal with us as clients. What really sets Fort apart is their quick response and their accessibility. All the Fort lawyers we work with are also strong both substantively and socially. We are therefore extremely satisfied with our collaboration with them.’
‘The team deliver excellent work, and they respond quickly and adequately.’
‘Berth Brouwer is a very competent lawyer – he knows what it takes to win a case and gives solid advice. On top of this he is very likeable.’
Key clients
Amrâth Hotels & Restaurants B.V.
YTO Express Holdings Ltd./OTX Logistics B.V.
Vlietmark Beheer B.V.
Stichting Ymere
Hein Schilder Groep B.V.
Marggraff Stichting
Schiphol Taxi
Sports Unlimited B.V./JD Sports Fashion B.V.
Metroprop B.V.
VAHFR (Association of Albert Heijn Franchisees)
Torn B.V.
Howden Insurance Brokers Nederland B.V.
CASA 23
Stadion Arnhem (Nedstede Holding)
De Vijf Heeren B.V.
Work highlights
- Acted for real estate investor Nedstede Holding in a significant dispute over the monthly rental payments stemming from the Covid-19 pandemic.
- Representing De Lelie Vastgoed B.V. in disputes with pension fund Rail & OV and Ballast Nedam regarding the construction of the Galaxy Tower project.
- Acted for real estate developer De Vijf Heeren B.V. in a dispute regarding the execution of a building contract with Ballast Nedam with regard to a residential tower in Rotterdam.
Netherlands > Commercial, corporate and M&A
act Fort Advocaten > Firm Profile
The firm: act Fort Advocaten (“act FORT”) is a law firm located in Amsterdam, specialised in real estate law and corporate law and all related legal areas with a leading position in the retail, real estate and hotels and leisure industries.
Our 35+ expert lawyers (of which 10 are partners) advise on a wide range of legal issues, ranging from rental matters, real estate transactions and acquisitions to corporate disputes, employment and franchise related matters and restructuring.
We work for (international) corporate companies, mid-sized enterprises, governments, investors and regularly act as official receiver for the Amsterdam Court. Our mission is to help our clients make the best decisions and we do so with dedication, spirit and expertise.
act FORT was ranked as leading firm in the The Legal 500 EMEA edition in the section Industry focus: Retail in 2018-2024, in the category Dispute Resolution: Commercial Litigation in 2019-2024 and in Real Estate in 2020-2024. In 2024 act FORT was also ranked as Firm to Watch in the section Commercial, Corporate and M&A.
How we work: Our lawyers are highly specialised in their jurisdiction and always keep abreast of recent developments and follow specialist training courses in their field of law.
The lawyers in our various practice groups work together closely in multidisciplinary teams. By pooling our knowledge and being alert to our clients’ needs, we are able to achieve the best results and help them make the best decisons.
Our clients are our key focus. Every client has a dedicated contact at partner level. act FORT values creativity and seeks ways to build solutions, providing top quality service at competitieve rates. We accomplish more by working together and favour short lines of communication, fully focused on our client’s case.
European alliance act legal: act FORT is part of act legal, a growing European law firm with offices in 12 markets.
act legal offers international companies operating in the European market high-quality advice, at local and international level. This way act legal also forms, especially for American and Asian companies, an efficient one-stop solution for excellent legal support in Europe.
act legal represents a team of more than 300 first-class corporate and commercial lawyers, tax consultants and business experts to service demanding corporate clientele. We offer the market the best of all legal consultancy worlds, by combining top partner-led, local law firms with international professionalism.
act legal stands for high quality, fair pricing, efficient bespoke processes, strong partner involvement and a personal approach, all of which make it an attractive alternative to major international law firms.
Main Contacts
Department | Name | Telephone | |
---|---|---|---|
Real estate | Pieter Twaalfhoven | pieter.twaalfhoven@actlegal-fort.com | +31.20.664 5111 |
Real estate | Mirre Vermeer | mirre.vermeer@actlegal-fort.com | +31.20.664 5111 |
Dispute resolution: corporate & commercial litigation | Berth Brouwer | berth.brouwer@actlegal-fort.com | +31.20.664 5111 |
Commercial, corporate and M&A | Terry Steffens | terry.steffens@actlegal-fort.com | +31.20.664 5111 |
Commercial, corporate and M&A | Harro Schulz | harro.schulz@actlegal-fort.com | +31.20.664 5111 |
Franchise, real estate | Katinka Verdurmen | katinka.verdurmen@actlegal-fort.com | +31.20.664 5111 |
Franchise, real estate | Dirk van den Berg | dirk.vandenberg@actlegal-fort.com | +31.20.664 5111 |
Employment | Elias van Kampen | elias.vankampen@actlegal-fort.com | +31.20.664 5111 |
Restructuring and insolvency | Derk van Geel | derk.vangeel@actlegal-fort.com | +31.20.664 5111 |
Litigation, corporate and commercial contracts | Tony Vermeulen | tony.vermeulen@actlegal-fort.com | +31.20.664 5111 |
Lawyer Profiles
Staff Figures
Number of lawyers : 33Languages
Dutch English GermanMemberships
act legal Abacus WorldwideFocus On
Industry Focus: Retail
New Dutch Franchise Act imposes new rules: timely advise is key
The franchise market is full of dynamism, with the new Dutch Franchise Act being a major driver. But challenges around sharp rising costs and inflation also set the sector in motion. According to partners Katinka Verdurmen and Dirk van den Berg of Amsterdam based act Fort Advocaten (“act FORT”), both specialised in franchise, it is important for franchisors and franchisees to address these issues in a timely and joint manner. “We are the appropriate sparring partner in this respect.”
Staff shortages, rising energy costs; it causes headaches for retailers. So do rent increases, sometimes as high as over 14 per cent in the Netherlands. Verdurmen: “Entrepreneurs in the franchise market also have to deal with this. We do see, however, that franchisors, who rent out premises to their franchisees, are much more thoughtful than regular landlords. After all, those franchisors are also entrepreneurs, who know what other challenges the franchisees are coping with, and then often do not pass on the full 14 per cent inflation correction.”
It marks the franchise market after the introduction of the Franchise Act, in which there is generally good cooperation. But it also marks act FORT, which is a leading firm in the franchise sector. Van den Berg: “We advise both franchisors and franchisees, locally in the Netherlands and internationally. act FORT is part of act legal. A growing alliance of independent, medium-sized law firms in nine European countries. We can therefore also help formulas that want to expand in Europe or that already work in multiple European markets. The communication with our international colleagues is direct. As is the communication with our clients. That is how we like to work. We like to be in close contact with our clients, and preferably as timely as possible. Sometimes we are called in ad hoc. That is not a problem, but we prefer to be involved at an early stage, so that we can participate in developing the strategy and approach to an issue. Especially in complex cases, it happens that different aspects of the business are affected. In that case it is also convenient that our various areas of expertise can becalled in.”
Added value
act FORT has a multidisciplinary approach. “Take the merger of two formulas, for example, or the arrival of a new condition regime; that also involves corporate law, employment law and real estate law. By involving the specialists within our firm, we often come up with out-of-the-box solutions that add value for our clients”, Verdurmen says. “The reason act FORT’s lawyers are sometimes called in late is that parties argue that lawyers are expensive. “But if we join the process early on, it actually saves costs. We then “walk along” in the process and that is where we can add value and help parties take better decisions. If we are called in at a later stage we first have to go through an entire file, find out how agreements or e-mails should be interpreted, and speak to many different people. That takes time at a moment when things often have to be done quickly, and it costs money.”
Rules
Verdurmen: “At act FORT, we notice that, despite all the challenges, franchisors and franchisees have plenty of ambitions and want to invest in the formula. But the new Franchise Act does set rules to that.” As a specialist in franchise law, she knows those rules exactly. “As do my colleagues, by the way. For example we can tell franchisors exactly what steps they need to take to get everything right. And what they can do if franchisees dig in their heels. Or vice versa.” Indeed, the new law contains a consent regulation. Van den Berg: “This regulation covers the situation where the franchisor wants to implement a change in the franchise formula that does not require amending the franchise agreement. If the franchisor thereby requires an investment from the franchisee, imposes a payment obligation on him, requires him to incur costs or foresees a loss of sales for the franchisee, the franchisor must first obtain the consent of the majority of all franchisees if this exceeds a certain threshold amount. Precisely for this consent, it may be useful to establish a franchise association, if one does not already exist. The franchisor can also do so, and we then advise in this process. We also regularly think with them when determining the threshold amounts below which this consent is not necessary.”
Timely advise
Because of the broad advise we offer, and the fact that we look ahead, act FORT has many long-term relationships. Verdurmen: “That is an advantage, because of the long cooperation we often know very well what people expect from us. The tone of voice, for example, is then familiar to us. If a letter needs to go out quickly, we draft it, and it is often hit in one go. That way we can move quickly. Big or small, it doesn’t matter to us. We like to think along, and like to look over our client’s shoulder. The new law requires contracts to be reviewed. What exactly does the contract say? What are the consequences of certain passages? As a franchisee, you shouldn’t think too lightly about that. It can haunt you for the entire duration of the contract. The fee, the rules around formula changes, look at it carefully. And certainly when the relationship is still good, there are chances to adjust things in good consultation. But be timely about it,” Van den Berg advises. Verdurmen adds. “And include us early on. After all, we know the rules of the game and can tell both franchisors and franchisees exactly what steps to take to keep everything on track.”
About act Fort Advocaten (“act FORT”)
act FORT is a mid-size law firm in Amsterdam, specialised in corporate and real estate law, with a special focus on franchise. The firm has a strong position in the retail, real estate and hotels & leisure industries.
act FORT is ranked in The Legal 500, in the categories Industry Focus: Retail, Dispute Resolution: Commercial Litigation and Real Estate.
Dirk van den Berg
Dirk van den Berg is a partner and lawyer at act Fort Advocaten. He has specialised in real estate law, franchise law, lease law of business premises and distribution law. He advises a large number of entrepreneurs in the petrol station industry, including in contracts with oil companies.
dirk.vandenberg@actlegal-fort.com
Katinka Verdurmen
Katinka specialises in tenancy and franchise law. She advises both landlords and tenants, franchisors and franchisees. For example, in drafting lease and franchise agreements, setting up franchise organisations, establishing franchise associations and in the transfer, termination and amended continuation of franchise relationships. She also works for real estate developers, investors and brokers, therefore she knows the retail sector from different perspectives.
Katinka.verdurmen@actlegal-fort.com
Interview: Martijn Louws