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CMS Offices

ATRIUM
PARNASSUSWEG 737
1077 DG AMSTERDAM
Netherlands
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CMS > The Legal 500 Rankings
Netherlands > Transport Tier 1
CMS fields a multi-disciplinary transport team, led by Petra Heemskerk and Herman Boersen, who focus on public procurement and tax law, respectively. The group is consistently involved in matters relating to the mobility and automotive sector, with clients including public transport companies, investors, parking management companies and car brand distributors. Its transport financing work relates to assets including ships, trains and aircraft. The team focuses on developments in electric transport, particularly in the automotive sector and related infrastructure requirements, and has broader experience in the aviation, shipping and rail network industries.Practice head(s):
Petra Heemskerk; Herman Boersen
Key clients
All Nippon Airways (ANA)
Einride
Port of Rotterdam
Trevvel
BIOS Personenvervoer
Qbuzz
NS (Dutch Railways)
Transvision
RCI Financial Services (Renault Finance)
Qatar Airways
Strukton
RSR
Int. Transportbedrijf Van der Heijden
Mirastar Ltd
Work highlights
- Advised Eewal Beheer, a subdivision of Kroymans Holding, on the acquisition of Rebel Mobility Services.
- Advising and litigating for Qbuzz in permitting procedures with respect to the charging stations that are required for the electric busses of Qbuzz.
- Representing All Nippon Airways in follow-on damages proceedings arising from the Air Cargo case.
Netherlands > Fintech Tier 2
CMS, which fields an interdisciplinary team with experience in banking and finance, corporate, capital markets, cyber security and data protection, advises large retail and investment banks, investors and fintech companies with a specific focus on payments and lending, blockchain and digital assets including cryptocurrency, and securities and financing. The payments and lending and crypto/digital assets teams are led by Tessa Penninks and Clair Wermers, respectively. Penninks specialises in new technologies and financial products, with additional regulatory expertise. Wermers focuses on tokenisation, coin offerings, financial instruments and related trading platforms.Practice head(s):
Tessa Penninks; Clair Wermers
Testimonials
‘Clair Wermers is a very friendly person and is very ambitious about our project. We like her entrepreneurial mindset as this helps our process a lot to make it fast and efficient.’
‘Clair is a problem-solver. She gives us definite answers to our questions.’
Key clients
SurePay
Commerzbank
Crowdz Invoice Token
Blocklab/Port of Rotterdam / Tradetrust (EBL token)
Dutch Blockchain Coalition
The Share Council
Rabo Frontier Ventures (FinTech investment fund of Rabobank)
Work highlights
- Advised Crowdz on the financial regulatory aspects in the Netherlands of its innovative platform, the legal classification of Crowdz’s NFTs and the related governance tokens.
- Advise Digital Partners on their partnership with Dutch insurtech ‘Insify’ which is set up as an MGA (authorized agent).
- Advised on the legal aspects of the 2Tokens Roadmap and advising on the impact of the Markets in Crypto-assets (MiCA) Regulation on the Token Roadmap.
Netherlands > Industry focus: Food Tier 2
CMS‘ multidisciplinary consumer products team assists a range of clients, including producers, retailers, investors and regulators with matters concerning product liability, contamination, recalls, IP and data protection. Aukje Haan and Mark Ziekman are the key names for corporate and commercial matters and Rogier de Vrey handles patent and trademark disputes. Head of the antitrust, competition and trade team Edmon Oude Elferink focuses on cartel, abuse of dominance and merger control matters.Practice head(s):
Aukje Haan; Mark Ziekman; Rogier de Vrey; Edmon Oude Elferink
Other key lawyers:
Marcoline van der Dussen; Akin Aslan
Testimonials
‘Business oriented, experienced on the specificities of the sector’
‘Aukje Haan is a very pragmatic lawyer, solution oriented, permanent availability and with great willingness to offer the client the best possible approach to solve the matters in time.’
‘Long-standing relationship, diverse and knowledgeable team.’
‘Aukje Haan is a specialist in labour law, supporting complex restructures and HR topics.’
‘Marcoline van der Dussen is a specialist in brand law.’
Key clients
Associated British Food
Amarant Bakeries
Bake Five
Coca Cola European Partners
Colgate-Palmolive
Friesland Campina
Fishflow Innovations
Givaudan
Hero Group
Infarm
Kiremko
La Bouteille d’Or
Mars GmbH
Mars Wrigley
McCain
McDonald’s
Mosa Meat
Salentein
Syngenta
Viscon Fresh Produce
Vreugdenhil Dairy Foods
Westmill Foods
Work highlights
- Advised Infarm, a Berlin-based food start-up, on their series D funding round, which raised USD 200 million. The start-up is now valued at well over one billion US dollars, giving it the Unicorn status.
- Represented McCain, the world’s largest manufacturer of frozen potato products, in interim relief proceedings against J.R. Simplot Company in a dispute regarding the enforcement of a judgment.
- Advised the Royal Friesland Campina on regulatory questions relating to market access.
Netherlands > Industry focus: healthcare and life sciences Tier 2
CMS leverages its global life sciences group in order to provide clients with practical and commercial solutions. The team works on contentious and non-contentious mandates, representing healthcare companies in IP infringement cases and assisting biotech companies with incorporation and IPOs. Regulatory practice head Ellen Gielen advises international life sciences companies on a range of product issues including manufacturing and distribution, pricing and reimbursement, and advertising. Gertie Lintjens brings further industry-specific experience, assisting with business models and R&D projects.Practice head(s):
Ellen Gielen; Gertie Lintjens
Other key lawyers:
Judith Kok
Key clients
Amgen
Boston Scientific
Brocacef (a company of Phoenix group)
Bruker Corporation
Carl Zeiss
Eli Lilly
Essity
GE Healthcare
GSK
HillRom
Hycor
Illumina
Janssen-Cilag
Johnson & Johnson
Medtronic
Pierre Fabre
Work highlights
- Advised Johnson & Johnson on a winning landmark procedure regarding a product infringement by Fengh Medical
- Advised Mainz Biomed N.V. on its incorporation and listing at the Nasdaq Capital Market
- Advising Thermo Fisher on a multi-jurisdictional legal proceeding
Netherlands > Insurance Tier 2
The team at CMS handles a busy and varied workload concerning insurance claims and advisory coverage work across a range of sectors including real estate, construction, financial services, retail and life sciences. Working closely with the firm’s insurance teams across Europe, specifically the firm’s London office, the group is able to draw on a strong international platform of insurance specialists and is on a number of panels for a range of Dutch and international insurance companies. New developments in the insurance area, including cyber and insurtech, are an increasing focus of the team and it has advised several digital tech companies on market entry into the Netherlands. Leonard Böhmer and Bas Baks lead the practice.Practice head(s):
Leonard Böhmer; Bas Baks
Other key lawyers:
Annelies Zwart; Oskar van de Weijer
Testimonials
‘Specialists in warranty and indemnity claims with experts also on tax.’
‘Knowledgeable and helpful. Explains complex matters in accessible terms. Responsive to requests and timely reporting.’
‘The team I work with is highly qualified and, perhaps even more important, accessible. This enables us to easily spar about content and tactics.’
‘Bas Baks, Annelies Zwart and Oskar van de Weijer – friendly, engaged, pro active in solving matters, high knowledge of the industry.’
Key clients
Tokio Marine
Allianz Global Corporate & Specialty
AXA XL
Axis
Chubb
Digital Partners
Lemonade
Lloyds Insurance
MS Amlin
QBE
Starr
Swiss Re
Zurich
Work highlights
- Advised unicorn InsurTech Lemonade on legal aspects after their launch in The Netherlands.
- Advised disruptor Digital Partners with their successful cooperation with Insify in The Netherlands.
Netherlands > Real estate Tier 2
The real estate team at CMS regularly draws expertise from across the firm to offer comprehensive corporate, finance, tax and funds advice related to international real estate transactions and developments. The firm’s experienced civil notaries play an integral role towards advising public and private clients in large real estate deals, including acquisitions, structuring ownership and usage rights. The team also has experience advising on diversions of properties in apartment rights, the creation of limited real rights, and foreclosures of both residential and commercial properties. The practice is headed by Arnout Scholten and Hein van der Meer, both of whom specialise in high-end property development and real estate transactions.Practice head(s):
Hein van der Meer; Arnout Scholten
Other key lawyers:
Petra de Rooy; Jan Peter IJspeert
Testimonials
‘The team, led by Arnout, is very professional and available – even at short notice. The negotiation stance of Arnout is always very business-orientated, which is of great help for foreign investors that are not totally knowledgeable on the Dutch specifics. Furthermore, the team is quite broad with a lot of specialists on matters related to a transaction such as tax, lease or construction which is of great help to deal with sensitive and/or new problematics.’
‘Petra de Rooy is a great member of the team, and can lead efficiently a deal in complex situations.’
‘My experience with CMS in the Netherlands is outstanding. They are dedicated to every issue, give you full support beyond legal, never forgetting the economical aspect in a deal. They are swift in their replies and delivery, extremely well-organised as a team.’
‘The service of the team is outstanding and with a lot of experience they solve every problem for us.’
‘CMS for us is a real dealmaker and not a dealbreaker.’
‘CMS makes the difference in with Hein van der Meer. He is outstanding. Jan Peter IJspeert and Arnout Scholten are also best in class.’
‘Hein van der Meer is very deal oriented and practical. No nonsense approach to every aspect of a deal. Next to that, he is always reachable and very good in his deals (detailed knowledge).’
‘Arnout Scholten has the ability to step away from personal ego and makes the deal happen if legal issues pop-up between parties. He is solution oriented and in that way realises the best deal for his clients.’
Key clients
DHL
Mirastar
Savills Investment Management B.V.
Hana Alternative Asset Management (HAAM)
DIC Asset AG
HANSAINVEST
Evolution RE
Borghese / COD
Swiss Life
CBRE IM
Invesco
Aviva
M&G
Warburg HIH-Invest Real Estate
Nuveen
Synchroon
Catella
Capreon
Delin
Work highlights
- Advised Mirastar/KKR on the sale of a portfolio of 3 logistic warehouses, located in distri-hubs Bleiswijk, Schiphol and Roosendaal and almost entirely leased, to Prologis.
- Advised Aviva Investors Real Estate France on the acquisition, on behalf of one of its clients, of an office building located in the centre of Amsterdam, which was being sold by LaSalle Investment Management on behalf of a separate account client.
- Advised Dutch investor Annexum on the purchase and sale of properties as part of the client’s project to restructure its real estate portfolio.
Netherlands > Restructuring and insolvency Tier 2
CMS is frequently appointed by the Dutch courts as trustee in high-profile insolvency proceedings and continues to offer extensive experience when called upon. The Amsterdam-based team is also active in several restructuring and recovery matters including large-scale bankruptcies, with a focus on real estate funds, consumer products, retail, life sciences, and hotel industries. The team is seated within the banking and finance group to consolidate its corporate backdrop and is part of the firm’s wider network of international restructuring and insolvency offices, strengthening its cross-border restructuring capacity. Marc van Zanten and Marcel Groenewegen lead the practice and Marlous de Groot was recently promoted to partner, focusing on court appointed trusteeships particularly in the healthcare and retail sectors. Former practice head Jan Willem Bouman recently retired from the firm.Practice head(s):
Marc van Zanten; Marcel Groenewegen
Other key lawyers:
Testimonials
‘Personal, professional, competent and friendly.’
‘Thorough analysis of the cases, plenty of expertise per knowledge segment.’
‘Excess in expertise and network. Open communication, customer strategy involvement.’
‘The CMS restructuring and insolvency team has a broad focus. It has particular strength in the health services and insurance sectors. Overall, a strong team with excellent hands-on insolvency experience and noted for responsiveness towards its clients.’
‘Stand-out individual is Marcel Groenewegen, who heads the restructuring and insolvency practice at CMS. He is very knowledgeable in the field of insolvency law and a pleasure to work with.’
‘Marcel Groenenwegen is very intelligent and finds great solutions for difficult issues. Marlous de Groot will be able to develop her practice, very friendly and knowledgeable.’
Key clients
ABN Amro Bank N.V.
ING Bank N.V.
Schroder Securitisation / Neos
Invesco
Official receivers of the Thomas Cook Group
MC Slotervaart
AEB Holding
McGregor
J.M. Levarht & Zonen B.V.
Taste Productions B.V.
Work highlights
- Acting as trustee in the bankruptcy of McGregor Fashion Group, dealing with cross-border insolvency law issues and complex shareholders’ concerns.
- Advised the Liquidators/Special Managers on all Dutch corporate, tax and insolvency law related issues in connection with the envisaged liquidation of three Dutch Thomas Cook entities.
- Appointed as trustee in the bankruptcy of J.M. Levarht & Zonen B.V., a wholesaler of fruit and vegetables.
Netherlands > Banking and finance: Borrower side Tier 3
Led by Marc van Zanten and Eduard Scheenstra, the banking and finance team at CMS has a standout reputation in the real estate space, but it is also noted for its focus on international financial institutions, renewable energy, and the hotels and leisure sectors. In addition to real estate finance, the group is well-placed to handle transactions involving acquisition finance and leveraged finance, project finance, and is often called upon in restructuring matters. In a recent highlight, counsel Etienne Courbois and senior associate Jenny Noordermeer advised VIA Outlets B.V. on its issuance of €600m senior unsecured fixed-rate green bonds, as well as on a revolving credit facility and the subsequent restructuring.Practice head(s):
Marc van Zanten; Eduard Scheenstra
Other key lawyers:
Testimonials
‘Jenny Noordermeer is responsive, involved, personally contactable and solves problems practially.’
‘A very integrated team highly focused on achieving the results in time.’
‘Very professional and experienced team that understands the client’s needs.’
Key clients
Mirastar / KKR
VIA Outlets
Annexum
CitizenM
Delin Capital Asset Management
Nuveen
Work highlights
- Advised VIA Outlets B.V. on its issuance of €600m senior unsecured fixed-rate green bonds and its senior revolving credit facility.
- Advised Delin Capital on a €181m green loan refinancing of its existing funds portfolio.
- Advised Mirastar/KKR on the €93m refinancing by LaSalle Investment Management related to the acquisition of a portfolio of Dutch logistics properties.
Netherlands > Banking and finance: Financial services regulatory Tier 3
Tessa Penninks is the head of financial services/regulatory at CMS, which sits within the wider banking and finance department led by Marc van Zanten. The team’s expertise spans a number of areas, including market entry, EU passporting, anti-money laundering and financial/security agreements. It has a particularly strong track record in assisting captives and leasing companies in the automotive sector, although it is also instructed by international banks, insurance companies, payment services and consumer credit providers. Another name to note is associate Laurens Pronk, who specialises in integrity-related regulations.Practice head(s):
Marc van Zanten; Tessa Penninks
Other key lawyers:
Testimonials
‘The team is easy to work with and listens to the needs of the client, delivering clear and simple answers.’
Key clients
ALD
ASR Bank
Commerzbank
Digital Partners
GE Capital
Lemonade Inc.
PayPal
Qander Consumer Finance
Rabo Frontier Ventures
Rabobank
RCI Financial Services (Renault Finance)
SurePay
Netherlands > Banking and finance: lender or arranger side Tier 3
The Netherlands-based team at CMS draws on the firm’s global network to excel in cross-border finance transactions, although domestic matters are equally well-handled. Marc van Zanten and Eduard Scheenstra head the practice, which has an excellent reputation in real estate finance transactions. Project finance is another area of focus, with the group handling an increased number of sustainability-linked mandates. In 2021, Scheenstra and senior associate Jenny Noordermeer were among the advisers to SaarLB on its loan for the development of a wind farm in the Netherlands. The group also covers asset finance, structured finance, leveraged finance and acquisition finance. Another key individual is counsel Etiënne Courbois, who has in syndicated lending and debt restructurings.Practice head(s):
Marc van Zanten; Eduard Scheenstra
Other key lawyers:
Testimonials
‘Etienne Courbois is business-oriented, creative, hardworking, available, communicative and a strong problem solver.’
‘A very integrated team highly focused on achieving the results in time.’
‘Very professional and experienced team that is understanding of your business needs.’
Key clients
Allianz
Banco Bilbao Vizcaya Argentaria Colombia S.A.
Bank J. Safra Sarasin
Deutsche Pfandbriefbank AG
Landesbank Saarbrücken
Münchener Hypothekenbank eG
Rabobank
Well Fargo Bank
Work highlights
- Advised Allianz on the €280m refinancing of designer outlet centre, Roermond.
- Advised Banco Bilbao Vizcaya Argentaria Colombia S.A. on the finance granted to Akzo Nobel for the acquisition of a company in Colombia.
- Advised SaarLB on its financing granted to Eneco and a renewable factory for the development of a wind farm on the Dutch coast.
Netherlands > Construction Tier 3
CMS’s construction and real estate team is equipped to handle an array of complex disputes arising across construction and project development. The team is experienced in dispute management including mediation, litigation and international arbitration and the firm advises on construction agreements with particular focus on monitoring disputes. The team, led by Jeroen Berlage and Arno Moret, works closely with project finance, insurance and tax practitioners across the firm, and offers contentious construction experience, both domestic and international.Practice head(s):
Jeroen Berlage; Arno Moret
Key clients
Tétris Design & Build (part of JLL)
SSI Schäfer GmbH
BBGI Management HoldCo S.a r.l.
Landesbank Saar (SaarLB)
Koninklijke BAM Groep N.V.
Nederlandse Spoorwegen (Dutch Railways)
Heimstaden B.V.
AEB
Ballast Nedam N.V.
Global Switch
Work highlights
- Advised Janssen de Jong in obtaining the necessary permits for the realisation of logistic real estate.
- Advising and assisting Ballast Nedam in court proceedings in relation to delay issues regarding the construction of a hotel and residential apartments in the city of Utrecht.
- Advised Aroundtown on the regulatory aspects involved in the measures to achieve sustainability for its Dutch real estate portfolio.
Netherlands > Data privacy and data protection Tier 3
CMS’s privacy and cybersecurity team has a robust cyber incident management practice. Erik Jonkman heads the practice, advising cyber insurers on data theft and ransomware. Head of the TMC sector group Katja van Kranenburg-Hanspians is a key contact for contract matters relating to technology and data, while Edmon Oude Elferink and senior counsel Simon Sanders are other key members of the team, assisting on competition issues related to data protection violations and the privacy aspects of innovative technology systems, respectively.Practice head(s):
Katja van Kranenburg-Hanspians; Erik Jonkman
Other key lawyers:
Testimonials
‘Their team has always demonstrated an excellent understanding of the market, can dig into the details where necessary but can also be pragmatic.’
‘The team consists of highly qualified people with thorough knowledge of data privacy and protection. The team is easily approachable. The team takes it one step further by not only providing clear legal advice but also focusing on providing practical legal advice.’
‘Highly qualified lawyers, kind people, easily accessible and approachable, providing practical legal advice.’
‘The team is right there the moment you need them. The advice given is carefully formulated and explained in a manner that makes you feel confident that all relevant aspects are considered.’
‘Erik Jonkman is a very experienced and involved professional with an infectious passion for data privacy and data protection. He does not only provide the advice needed, but also shows and explains his considerations in a way that I really learn from it myself.’
‘The CMS Data privacy and data protection practice offers a high level of support that can handle anything from the most basic tasks to supporting with a data breach in less than 2 hours’ notice.’
‘The individuals in the team offer hands on personal support that ranges from basic input regarding data protection matters and the understanding thereof to complete incident support when a disaster strikes. The team is available at all times.’
Key clients
AIG
Chubb
Stichting Open Nederland
Primark
Accor
Digital Partners
ASR
Lemonade
Comcast and ViacomCBS (SkyShowtime)
citizenM
I-SEC International Security
Kubota
ID Logistics
Work highlights
- Advising on cyber security incidents and data breaches for AIG cyber insureds.
- Advising on cyber security incidents and data breaches for Chubb cyber insureds.
- Advising Stichting Open Nederland on all data protection aspects of the national establishment of large-scale Covid-19 testing facilities designed to reopen Netherlands during the pandemic.
Netherlands > Energy: regulatory Tier 3
CMS‘ energy and climate change group is well regarded by clients including major multinationals, developers, and energy network operators. The team is led by Cecilia van der Weijden, who has broad experience in transactional and development work and expertise advising on issues including sustainable heat and carbon capture and storage.Practice head(s):
Cecilia van der Weijden
Other key lawyers:
Martika Jonk; Marcellina Rietvelt
Testimonials
‘The level of technology and collaboration for complex projects is excellent.’
‘Cecilia van der Weijden and Marcellina Rietvelt both have a lot of experience and expertise.’
‘The team as a whole is extremely pleasant to work with and responsive to needs as they arise. Collaboration with CMS is therefore a pleasure.’
‘Cecilia van de Weijden and Marcellina Rietvelt are both very pleasant to work with. Easy contact, high performance, both in quality and in speed.’
‘The team as a whole drives to the details where an energy project is very important.’
‘Cecilia van der Weijden is a very professional and dedicated individual, accurate in her analysis and able to deliver adequate solutions.’
‘Each individual in the energy team is very knowledgeable and fulfils the needs of the client. Especially Cecilia van der Weijden is one of the best energy lawyers in the market.
‘Details and taking care and eliminating legal risks are what stands out about the team.’
Key clients
Equitix
Encavis
Venterra
Ib vogt GmbH
Trio Solar 2 B.V.
Kansai Electric Power Co., Inc.
Equitix
Transnet
MOIA
Voltiq
Dana Petroleum
Global Switch
GroenLeven
Lukoil
Ørsted
Shell
SUSI Partners
Trio Investment
Vattenfall
Wircon
Uniper
LindeGas
Work highlights
- Advised Microsoft on the legal implications of the future energy legislation, regulation and case law that may impact its business in the Netherlands.
- Advising Allego on the regulations applicable to the expansion of its business consisting of the development and operation of an electricity charging network for electric vehicles in and beyond the countries where it currently operates.
- Advised Linde Gas, a leading global industrial gas company, on the regulatory aspects related to the application of a bio-swap (also referred to as ‘CO2-allocation’).
Netherlands > Energy: transactional Tier 3
With experience across acquisitions and divestments, financing, and project development, CMS‘ energy and climate change group is well regarded by clients including national and international energy operators and funders. Experienced corporate lawyer Cecilia van der Weijden leads the team, while Martika Jonk is a key contact for clients in the oil and gas industry.Practice head(s):
Cecilia van der Weijden
Other key lawyers:
Martika Jonk; Arno Moret; Femke Stroucken; Simon Sanders; Bart-Adriaan de Ruijter
Testimonials
‘Sharp and delicate, even when put in line of fire’
‘The ability of CMS NL and CMS UK to work together with a strong team and close collaboration is the key value from CMS. The firm uses expertise in the energy sector across the UK and NL to give the best advice both from a legal perspective but also from a practical and commercial perspective.’
‘Martika Jonk is a very strong individual with great legal knowledge and practical application. Demonstrates good understanding of client issues and can provide very helpful support to navigate complex issues, sometimes cross-border.’
‘CMS has a good knowledge of the energy market and contractual standards. Easy and pleasant to work with. Firm in their statements when needed and flexible when items are less important. The availability is excellent, even at very short notice. The quality of the work is of a high standard and CMS understands the client’s position with little explanation.’
‘Able to accurately solve complex issues with difficult counterparts and delivered well tailored solutions.’
‘Cecilia van der Weijden stands out because of her professionality, dedication and problem-solving skills’
‘Quick responses; reliable advice.’
‘Pleasant people to work with.’
Key clients
Ib Vogt GmbH
Equitix
Voltiq
Brookfield
Greencoat Capital
Venterra
Transnet
Ionity
Kansai Electric Power Co., Inc.
Trio Solar 2 B.V.
Equinor
Allego
AEB (Afval Energie Bedrijf Amsterdam)
GroenLeven
Lukoil
Ørsted
Shell
Vattenfall
Trio Investment
Aroundtown
Enercon
NextGen
Work highlights
- Advised German TSO Transnet BW on its participation in a crowd balancing platform for electricity transmission system operators, called Equigy.
- Advised Kansai Electric Power Co., Inc., the second largest utility company of Japan on its participation in a consortium led by Glennmont Partners and comprising other institutional investors from the USA and Germany, which has acquired a 50% ownership share in the Borkum Riffgrund 3 offshore wind farm from Ørsted.
- Advised Trio Investment on the successful acquisition, development and financing of solar photovoltaic (PV) park Dalfsen, the Netherlands.
Netherlands > Environment and planning Tier 3
Led by junior partner Luurt Wildeboer, the administrative law team at CMS has experience in permitting and zoning advice as well as litigation. Wildeboer focuses on the interaction between environmental standards and spatial development, and the team’s client base includes both local public authorities and private companies.Practice head(s):
Luurt Wildeboer
Other key lawyers:
Alexander Ijkelenstam
Key clients
Municipality of Stichtse Vecht
Van der Bijl Mengvoeders B.V.
McDonald’s Nederland B.V.
De Heus Voeders B.V.
Van Mossel Automotive
Afvalverwerking Vink B.V.
Den Ouden
Logistics Capital Partners
Givaudan Nederland B.V.
Rederij ‘t Smidtje
VDG Real Estate
Heembouw Wonen B.V.
Janssen de Jong Groep B.V.
Nedmag B.V.
Work highlights
- Assisted Van Mossel in 2021 during permit procedures for the construction of a new headquarters with a logistics centre in Waalwijk.
- Advising Nedmag on the approval of the new plan for salt production and the granting of permits for the construction of two new boreholes in the municipality of Veendam.
- Advising canal cruise companies regarding the legal remedies to take against decisions made by the municipality of Amsterdam on their permits.
Netherlands > EU and competition Tier 3
Advising on antitrust, competition and trade matters, CMS is active in merger control, cartel cases, state aid and FDI controls, representing clients before the ECJ, EC, ACM and domestic courts. The firm also has a dawn raid team servicing both Dutch and international clients. Led by Edmon Oude Elferink, the team handles merger notifications, state aid, cartel and abuse of dominance proceedings, as well as follow-on litigation. Elferink has a particular focus on the intersection of competition and data protection.Practice head(s):
Edmon Oude Elferink
Testimonials
‘This practice has a unique repertoire of legal resources and a thriving team which makes it stand out from other law firms. They have reasonable prices and are always available.’
‘They are responsive, consider themselves as an extension of our business. Edmon Oude Elferink is a trusted unique partner.’
‘Good knowledge of clients’ market and quick analysis of ad hoc questions.’
‘The team is very familiar with our industry as well as with our company. Informal, short lines and partner availability is good.’
‘The team has expertise and experience in competition law.’
Key clients
All Nippon Airways (ANA)
McDonald’s
Port of Rotterdam
AEB
Royal FrieslandCampina
VolkerWessels
Pon Group
Husqvarna Group
Kubota
Quatra
Louwman Dealer Group
Össur
Bios Groep
Work highlights
- Representing AEB in phase II merger notification proceedings before the ACM following its by Rotterdam-based waste-management company AVR.
- Assisting Pon Germany in merger notification proceedings before the European Commission with regard to the proposed acquisition of Autohaus Moll and FlexxDrive.
- Representing All Nippon Airways in follow-on damages proceedings arising from the Air Cargo case, following the European Commission’s 2010 infringement decision.
Netherlands > Industry focus: Information technology Tier 3
Blockchain, AI and digital transformation of traditional industries forms a large part of CMS' broad tech, media, communications and data privacy and protection practice. Head of the employment and TMC sector group Katja Van Kranenburg – Hanspians focuses on data protection and the implementation of IT platforms and preparing contracts with third parties. Senior counsel Simon Sanders is a key contact for tech-related dispute resolution and assistance with the roll-out of new technologies and ecosystems. Rogier de Vrey works on IT matters that intersect with IP, while cybersecurity practitioner Erik Jonkman is a name to note for global and domestic security incidents.Practice head(s):
Katja van Kranenburg-Hanspians
Other key lawyers:
Key clients
Advance Local Media
AIG
APEX
BizzDesign
Centric
CitizenM
Chubb
COIN
Gelderburg
Global Media
HP
IBM
IVU
JB Wealth Management
Johnson & Johnson
KUBOTA
Liberty Global
RWS Holding
Vattenfall
Work highlights
- Advised HP in regard to two court cases initiated by the Dutch company Digital Revolution, alleging violation of advertising / unfair competition laws and trademark infringement.
- Advised BiZZdesign, a global Enterprise Architecture software company, in connection with Main Capital Partners acquiring a majority stake in BiZZdesign.
- Advised RWS Holdings in connection with the acquisition of Liones Holding (Fonto), the provider of the leading cloud-native, data-driven authoring solution for mission-critical documents.
Netherlands > Industry focus: retail Tier 3
Chair of CMS‘s international commercial group and head of the Dutch company law team Aukje Haan is a key contact in the retail practice, advising well-known consumer products and retail companies on new sales and distribution models. Haan focuses on drawing up commercial contracts, including distribution, agency and franchise agreements and is experienced in litigation concerning product liability. Mark Ziekman assists clients in M&A transactions and Rogier de Vrey is an experienced IP litigator. Edmon Oude Elferink demonstrates the depth of the practice with expertise in EU competition and data protection law. Counsel Anita Canta is a specialist in dealing with disputes concerning franchisors and franchisees.
Practice head(s):
Aukje Haan; Mark Ziekman; Edmon Oude Elferink
Other key lawyers:
Anita Canta; Nicole Kuijer; Akin Aslan; Anna Pothof
Testimonials
‘Good knowledge of the Dutch retail market. Reasonable billing. Easy collaboration.’
‘Aukje Haan is very pragmatic and responsible; She does not waste time on “nice to knows” but quickly get a very good feeling of where the issue is and how best to tackle the challenges. She is a tough negotiator and clever in negotiation tactics.’
‘Deep sectorial knowledge, very solution oriented, very responsive team.’
Key clients
All Nippon Airways (ANA)
Associated British Food
Adidas
Brokking’s Beheer
Broekhuis
Canada Goose
Christian Dior
Coca Cola European Partners
Colgate Palmolive
Columbia Sportswear Company
Discord
Dockr
Douglas
Fossil
Gardena
Hermès
Hero Group
HP
Honeywell
Husqvarna
Intratuin Nederland
Kärcher
La Bouteille d’Or
Louwman Dealer Group
Mars
Manutan
Mauri Technologies
Maxeda DIY
New Balance
Partner In Petfood
Plus
Primark
RH Interior Design
SharkNinja
Shisheido (BPI)
Ultimaker
Universal Electronics
Urus Europe
USPA
Vetex Holding
Viscon Fresh Produce
Westmill
Xiaomi
Work highlights
- Advising Gardena as well as Husqvarna on corporate and commercial matters.
- Advised Broekhuis Vastgoed Holding on the acquisition of all the shares in the Auto Palace Group Zwolle.
- Advised McGregor Fashion Group Holding and ten of its subsidiaries on many cross-border insolvency law issues and complex shareholders’ issues. Also appointed as bankruptcy trustee.
Netherlands > Intellectual property: Patents Tier 3
Experienced patent litigator Rogier de Vrey leads the IP practice at CMS. De Vrey has expertise in media and sports as well as life sciences matters. Willem Hoorneman and attorney-at-law Marcoline van der Dussen are key contacts, with the latter an expert in the field of consumer goods and soft IP mandates. Yasar Celebi is a key associate. The team defends food suppliers in infringement and invalidity proceedings and works on applications for patent protection against counterfeiting. Additionally, the practice advises engineering and transport-sector companies on patent disputes.Practice head(s):
Rogier de Vrey
Other key lawyers:
Testimonials
‘The team is enthusiastic, easily accessible and the partners have an interest in the matters.’
‘Has a great interest in the client and assists not only in questions regarding the legal proceedings but also all questions excluding legal that are very relevant for the client.’
‘The team is willing to explore uncommon strategies.’
‘The team has done proper research into the matter, came with good facts and had a strong appearance during the court session.’
‘Acts in a powerful but also decent way in the court performances. They have found a balance between an aggressive and amicable way of acting.’
‘The way they perform in the court room. The team performs in the court room and brings added intensity and excellence in the preparation of the case.’
‘The CMS teams are effective, efficient, user friendly, collaborative and multicultural.’
‘CMS effectively marries the complexity of IP Law with commercial considerations and advises effectively as a result.’
Key clients
ViacomCBS
Comcast (NBC Universal, SKY)
HP
CitizenM
UEFA
Johnson & Johnson
Primark
Roku
Guess
Global (media)
Amgen
Sony (Europe)
McCain
Shiseido
Vattenfall
Diageo
IBM
Royal Ahrend
Work highlights
- Represented Kiremko in a substantial number of patent infringement and invalidity proceedings initiated by its competitor Tomra.
- Advised Nano Dimension with the acquisition of Admatec and Formatec, strengthening its position on the market.
- Represents FishFlow Innovations in proceedings relating to the patent license agreement it entered into with a third party.
Netherlands > Commercial, corporate and M&A Tier 4
With experience across the technology, hotel and leisure, consumer goods, financial services and energy sectors, CMS counts M&A, joint ventures, strategic alliances, and corporate governance matters in its workload. Roman Tarlavski leads the practice and advises on cross-border M&A and structured joint ventures, while Reinout Slot focuses on deals arising out of regulated industries. Pieter Van Duijvenvoorde handles national and international M&A transactions, and Elmer Veenman joined the team from Eversheds Sutherland (Netherlands) B.V. in May 2022.
Practice head(s):
Roman Tarlavski
Other key lawyers:
Reinout Slot; Cecilia van der Weijden; Pieter van Duijvenvoorde; Clair Wermers; Mark Ziekman; Elmer Veenman
Testimonials
‘Technical, responsive, and well-positioned in the market.’
‘Personable, helpful, and knowledgeable.’
‘Hands on and pragmatic. They know their value and can distinguish between must haves and nice to haves.’
‘Very pleasant to work with and deliver accurate solutions.’
‘Cecilia van der Weijden’s attitude and composure is apt and professional, always finding a solution no matter the situation, due to her excellent communication skills and professional expertise.’
‘Team members have strong backgrounds and experience.’
Key clients
AEB Holding
Arcelor Mittal
a.s.r.
Carl Zeiss
FD Media Group
Financial Lease Nederland
Glennmont Partners
Greencoat Capital
Infarm
Invesco
Lear Corporation
Mosa Meat
Oaktree Capital Management
Rabobank
Rieter Holding
Shell
Venterra Group
Work highlights
- Advised Garden Capital Group, an entity controlled by the Dijkstra family, on its sale of a majority stake in the Dutch hotel group Eden Hotels to an affiliate of KSL Capital Partners.
- Advised AEB Holding on the sale of its shares to AVR for €450m, as well as on the sale of its 50% interest in West Poort Warmte to the municipality of Amsterdam for €73m.
- Advised Rieter Holding in connection with its acquisition of 57% of the shares in the capital of Saurer.
Netherlands > Dispute resolution: Commercial litigation Tier 4
CMS‘ dispute resolution team represents plaintiffs and defendants, spanning insurance companies, financial institutions, energy companies, and directors and officers. Leonard Böhmer heads up the litigation and insurance team, while Peter Soede focuses on complex legal procedures involving liability law, Bart-Adriaan de Ruijter is a key name to note for corporate litigation, and Petra Heemskerk specialises in procurement issues involving high-profile tender disputes. Franchise disputes specialist Anita Canta and sports expert Michiel Van Dijk are also recommended.Practice head(s):
Leonard Böhmer; Peter Soede; Bart-Adriaan de Ruijter; Petra Heemskerk
Other key lawyers:
Anita Canta; Michiel van Dijk; Oskar van de Weijer; Maurits Rabbie
Testimonials
‘I believe the litigation team of CMS Amsterdam is able to provide solid legal advice and representation in court. They have a solid place in the market when it comes to corporate and insolvency litigation.’
‘Bart-Adriaan de Ruijter is a tenacious lawyer who keeps exploring new angles until he has found the right approach to win the case and overcome any setback.’
‘Pro-active, friendly and respectful.’
‘Bart-Adriaan de Ruijter is forceful and steadfast.’
‘Maurits Rabbie is respectful, a guy who knows how to finish a deal.’
‘I would recommend Bart Adriaan de Ruiter for corporate litigation. He has a no-nonsense approach and provides value for money.’
‘Each individual has the mind to understand the customers’ requirement and try to accomplish that.’
Key clients
ArcelorMittal
Mitsui O.S.K. Lines, Ltd
Hubei Forbon Technology Co Ltd
Decathlon
QBE
Rabobank
Markel
Johnson & Johnson
Starr
Chubb European Group Limited
BT
Qbuzz
Kadaster
Medtronic
KNVB
Work highlights
- Representing Mitsui O.S.K. Lines, Ltd. and its Dutch subsidiary in a complex international post M&A-dispute.
- Represented the management board of the Dutch Football Association in its high-end, sensitive dispute in its capacity as majority shareholder in joint venture Sportlink about its football planning and social software platform before the Dutch Enterprise Chamber.
- Representing the Dutch subsidiary of ArcelorMittal in several complex international corporate and commercial disputes, including a dispute with North Irish building company and end customer Lidl with regard to the building of 90 Lidl stores in the UK.
Netherlands > Employment Tier 4
Acting predominantly for international companies, CMS leverages its global presence to take on cross-border employment mandates. The firm frequently advises on restructurings and has also seen a recent increase in whistleblower and compliance-related matters. The practice is headed by Katja van Kranenburg-Hanspians and Michiel van Dijk; the former focuses on restructurings, dismissals and high-profile litigation, while the latter specialises in sports and employment law.Practice head(s):
Katja van Kranenburg-Hanspians; Michiel van Dijk
Key clients
Primark
Coty
TJX
BMC Software
Korn Ferry
KNVB
Amgen
Work highlights
- Supporting Primark with a large restructuring in the Netherlands leading to the redundancy of more than 250 employees and the introduction of more than 200 new roles.
- Supporting Coty in different matters regarding a loyalty bonus paid to international employees whose position was transferred to the Netherlands and who were willing to relocate to the Netherlands.
- Supporting BMC with high-profile employment matters, including restructuring decisions and the implementation of such decisions.
Netherlands > Industry focus: Media and entertainment Tier 4
CMS‘s media, entertainment and sports team advises clients on commercial arrangements, corporate transactions and litigation in a range of industries, such as sports, advertising, film, gaming and social media. IP expert Rogier de Vrey focuses on disputes concerning the exploitation and enforcement of digital media rights. Sports law specialist Michiel Van Dijk advises sports organisations, associations and international top athletes on a variety of sports mandates. Senior counsel Simon Sanders supports clients on the overlap between legal issues and technology, while Marcoline van der Dussen is a key support on media and advertising-related IP matters.Practice head(s):
Rogier de Vrey; Michiel van Dijk
Other key lawyers:
Testimonials
‘Tailored, commercial and easily digestible advice provided promptly by a friendly and accessible team led by Rogier de Vrey.’
Key clients
Comcast (NBC Universal | SKY)
Paramount (ViacomCBS)
Amazon Studios
Global Media & Entertainment (UK)
Capgemini / Sogeti
Centric
Broadcom
Liberty Global
UEFA
HP
Roku
Sony (Europe)
Diageo
KNVB
Team Jumbo Visma
NOC*NSF
Work highlights
- Assisting SkyShowtime (a joint venture between Comcast and Paramount) in their 2022 launch of a pan-EU VOD streaming offering, beginning with a launch end 2022 in the Netherlands.
- Represented HP in regard to two court cases initiated by Digital Revolution, alleging violation of advertising / unfair competition laws and trademark infringement. One of the cases involved inkjet, the other court case involved laser cartridges.
- Advised Capcom, on various legal requirements in relation to the envisaged launch of a new top brand computer game.
Netherlands > Intellectual property: trade marks, copyrights and design rights Tier 4
Department head Rogier de Vrey reflects the multidisciplinary approach of CMS‘s Dutch IP set up; de Vrey advises media, sports and life sciences clients on patents, trade mark, unfair competition and trade secret matters. Patent specialist Willem Hoorneman is another name to note for his strategic and pragmatic work in the IP field. Advertising litigator Marcoline van der Dussen advises international companies in the field of consumer products, and associate Yasar Celebi is a key support on cross-border IP and intersecting competition law issues.Practice head(s):
Rogier de Vrey
Other key lawyers:
Key clients
Paramount
Comcast
HP
CitizenM
UEFA
Johnson & Johnson
Primark
Roku
Guess
Global (media)
Amgen
Sony
McCain
Shiseido
Vattenfall
Diageo
IBM
Royal Ahrend
Work highlights
- Represented Johnson & Johnson against Fengh Medical regarding infringing imitation products.
- Defended Urus Europe against Automobil Lamborghini regarding trade mark infringement.
- Represented HP in regard to two court cases initiated by Dutch company Digital Revolution, alleging trade mark infringement and violation of advertising laws.
Netherlands > Tax Tier 4
CMS > Firm Profile
CMS is a leading and long-standing law firm in the Netherlands with 150 lawyers, civil-law notaries and tax advisers. The firm combines expert knowledge and experience with innovation and creativity to ensure clients achieve and secure their business goals. Its specialists form a full-service practice for national and international businesses such as Fortune 500 companies, FT European 500 companies and organisations from the DAX 30.
With the same drive, CMS helps clients turn their start-ups into game changers. The future and technological innovation play a major role for clients and therefore also for the firm. CMS is closely involved in the global energy transition, the regulation of cryptocurrencies and developments around privacy and cybersecurity, alternative food sources and innovations in healthcare through the use of big data.
Main Contacts
Department | Name | Telephone | |
---|---|---|---|
Administrative law | Alexander IJkelenstam | alexander.ijkelenstam@cms-dsb.com | +31 20 3016 274 |
Banking and Finance | Eduard Scheenstra | eduard.scheenstra@cms-dsb.com | +31 20 3016 447 |
Commercial | Aukje Haan | aukje.haan@cms-dsb.com | +31 20 3016 272 |
Antitrust, Competition & Trade | Edmon Oude Elferink | edmon.oudeelferink@cms-dsb.com | +32 26 5004 54 |
Consumer products | Mark Ziekman | mark.ziekman@cms-dsb.com | +31 20 3016 413 |
Corporate / M&A | Roman Tarlavski | roman.tarlavski@cms-dsb.com | +31 20 3016 312 |
Dispute resolution | Leonard Böhmer | leonard.bohmer@cms-dsb.com | +31 20 3016 248 |
Employment and pensions | Katja van Kranenburg - Hanspians | katja.vankranenburg@cms-dsb.com | +31 20 3016 402 |
Energy & Climate Change | Cecilia van der Weijden | cecilia.vanderweijden@cms-dsb.com | +31 20 3016 411 |
Funds | Reinout Slot | reinout.slot@cms-dsb.com | +31 20 3016 319 |
Corporate/M&A and Hotels & Leisure | Roman Tarlavski | roman.tarlavski@cms-dsb.com | +31 20 3016 312 |
Corporate / M&A | Elmer Veenman | elmer.veenman@cms-dsb.com | +31 20 3016 258 |
Insurance | Leonard Böhmer | leonard.bohmer@cms-dsb.com | +31 20 3016 248 |
Managing Partner / Intellectual Property | Willem Hoorneman | willem.hoorneman@cms-dsb.com | +31 20 3016 237 |
Life Sciences & Healthcare | Ellen Gielen | ellen.gielen@cms-dsb.com | +31 20 3016 217 |
Mobility | Petra Heemskerk | petra.heemskerk@cms-dsb.com | +31 20 3016 295 |
Public Procurement | Petra Heemskerk | petra.heemskerk@cms-dsb.com | +31 20 3016 295 |
Real Estate & Construction | Femke Stroucken | femke.stroucken@cms-dsb.com | +31 20 3016 328 |
Tax | Herman Boersen | herman.boersen@cms-dsb.com | +31 20 3016 451 |
TMC - Technology, Media & Communications | Katja van Kranenburg - Hanspians | katja.vankranenburg@cms-dsb.com | +31 20 3016 402 |
Insurance | Bas Baks | bas.baks@cms-dsb.com | +31 20 3016 249 |
Tax | Anton Louwinger | anton.louwinger@cms-dsb.com | +31 20 3016 448 |
Insolvency & Restructuring | Marcel Groenewegen | marcel.groenewegen@cms-dsb.com | +31 20 3016 410 |
Corporate / M&A | Pieter van Duijvenvoorde | pieter.vanduijvenvoorde@cms-dsb.com | +31 20 3016 246 |
Corporate Litigation | Bart-Adriaan de Ruijter | bartadriaan.deruijter@cms-dsb.com | +31 20 3016 426 |
Intellectual Property | Rogier de Vrey | rogier.devrey@cms-dsb.com | +31 20 3016 259 |
Real Estate | Arnout Scholten | arnout.scholten@cms-dsb.com | +31 20 3016 472 |
Insolvency & Restructuring | Marc van Zanten | marc.vanzanten@cms-dsb.com | +31 20 3016 311 |
Construction | Arno Moret | arno.moret@cms-dsb.com | +31 20 3016 292 |
Sport and Employment | Michiel van Dijk | michiel.vandijk@cms-dsb.com | +31 20 3016 242 |
Corporate/M&A | Pieter van Duijvenvoorde | pieter.vanduijvenvoorde@cms-dsb.com | +31 20 3016 246 |
Corporate /M&A | Clair Wermers | clair.wermers@cms-dsb.com | +31 20 3016 423 |
Restructuring & Insolvency | Marlous de Groot | marlous.degroot@cms-dsb.com | +31 20 3016 311 |
Financial Services | Tessa Penninks | tessa.penninks@cms-dsb.com | +31 20 3016 200 |
Meet The Team(s)
Intellectual Property/Technology, Media & Telecommunications
Amsterdam, Netherlands
others
Lawyer Profiles
Staff Figures
Number of lawyers : 4,800+Languages
Dutch English French German Hebrew Italian Russian Spanish Turkish Chinese (Mandarin)Other
Other offices : Brussels Other offices : Amsterdam CMS the Netherlands : 150 lawyers, civil-law notaries and tax advisers CMS locations : CMS is one of the largest law firms in the world, with more than 70 offices in over 40 countries. Managing Partner : Willem HoornemanStudent (Future Lawyers )
The Legal 500 Future Lawyers Verdict
With an ‘international, national and regional presence, a collegiate work culture and approachable senior lawyers’ it’s easy to see why the current trainee cohort chose CMS. A ‘top reputation in the energy and infrastructure sectors’ and an ‘amazing client pool’ also convinced recruits that this was the firm for them. CMS’ commitment to diversity and inclusion came up time and time again in the feedback: ‘the firm shows its dedication to diversity by embedding these principles into its culture’ and 'you can see this by speaking to anyone at the firm’. The ‘hybrid working policy is strong’, leading to the firm being awarded a Future Lawyers Winner medal in this category. The people are ‘driven, innovative and intelligent but also very approachable’ and the work environment is ‘described as ‘collaborative and encouraging’. Elaborating, one respondent said: ‘the social benefits of working at CMS are definitely the best thing. The culture is not what you would expect from an international law firm’. Things that annoy trainees are the ‘lack of transparency around seat rotation’, that ‘Scottish (and other regional office) pay at trainee/NQ level is lacking compared to similarly-placed firms’, and that some recruits have to 'split our training contracts across two cities’, which makes for logistical difficulties. Best moments ranged from ‘closing a multi-billion-pound deal’ and ‘carrying out research for well-known football club clients’ to ‘working on a large portfolio property sale’. Worst moments included ‘occasional (but pretty major) time squeezes when working for multiple teams', ‘silly spelling errors sent in emails’, and ‘our training being frontloaded, rather than introduced gradually to allow aspects to sink in’. For ‘high-level, rewarding work across multiple practice areas’ in a firm with a ‘global demographic’, research CMS.Press Releases
CMS ADVISES ROOJAI ON ITS US$42 MILLION SERIES B FUNDRAISING
22nd August 2023 CMS has advised Ignite Thailand Holdings Limited (trading as “Roojai”), a managing general agent developing its own retail insurance products and distributing them digitally on a B2C model in Thailand and Indonesia,CMS ADVISES BITDEFENDER ON ITS ACQUISITION OF HORANGI CYBER SECURITY
22nd August 2023 CMS has advised Bitdefender, a global cybersecurity leader, on its cross-border acquisition of Singapore-based Horangi Cyber Security to address the growing demand for advanced, streamlined management of cybersecurity, compliance, and governance of multi-cloud environments.Legal Developments
Singapore corporate regulator plans changes to stiffen AML prevention
3rd November 2023This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC.
Introduction
Amidst a high-profile money laundering investigation involving (currently) at least S$2.8 billion in domestic assets, Singapore’s government has recently announced plans to introduce additional measures to strengthen Singapore’s anti-money laundering (“AML”) regime.[1]
Expanding the scope of digital oath taking in Singapore
8th August 2023 The Oaths, Declarations and Notarisations (Remote Methods) Bill was passed in Parliament on 2 August 2023.Roadmap to Terminate the SGD Cheque Truncation System Eliminating Corporate Cheques by 2025 (MAS’ response to feedback received)
7th August 2023 Introduction- As part of its Smart Nation Vision, Singapore aims to transition into an innovative e-payments society where everyone has easy access to swift, simple and secure payments. To facilitate this transition, the Monetary Authority of Singapore (“MAS”) consulted[1] financial institutions, members of industry associations, government agencies and members of the public on proposed initiatives to:
- eliminate centrally cleared cheques issued by corporates (“corporate cheques”) by 2025; and
- assist and encourage remaining users of centrally cleared cheques (including individuals) that are able to switch to alternative payment methods to do so.
- Respondents noted that cheques are commonly used in property-related transactions. For example, cheques are often used for the payment of stamp duties to the Inland Revenue Authority of Singapore, and flat purchases from the Housing Development Board. To this end, MAS highlighted that the Electronic Deferred Payment (“EDP”) solution, which will be launched by 2025, can serve as a cheque alternative for property transactions. More information on the EDP solution can be in Annex B of MAS’ response[3]. The Singapore Land Authority is also developing a Digital Conveyancing Portal (“DCP”) that seeks to digitalise the existing manual and paper-based conveyancing process, thereby eliminating cheques from the process as well. The DCP is targeted for full commissioning in 2026.
- As for the legal sector, respondents noted that while the Legal Profession (Solicitors’ Accounts) Rules has been amended to allow for the use of e-payments in respect of payment of monies out of client accounts, the requirement for such e-payments to be made with the authorisation of two solicitors using biometric authentication made it operationally and technically difficult. In response, MAS highlighted that the Law Society of Singapore has completed its review of the challenges relating to the use of e-payments for the payment of monies out of client accounts and has published a revised Practice Direction 3.3.11 for its members. The revised Practice Direction 3.3.11, which came into operation on 23 May 2023, clarifies the technical requirements for digital payments from client accounts.
- All Domestic Systematically Important Banks (D-SIBs)[4] in Singapore will impose charges on SGD-denominated cheques by 1 November 2023, while the rest of the banks will do so by 1 July 2024. This will encourage payment users to switch to cheaper and more convenient alternative payment methods, where available. The financial industry will not adopt a baseline rate to be charged in view of anti-competition rules.
- There are also plans to implement charges for USD-denominated cheques for both corporate and retail users. Timelines for this and related initiatives will be set out in MAS’ second public consultation.
Footnotes [1]p011_consultation-paper-on-roadmap-to-terminate-the-sgd-cts---eliminating-corporate-cheques-by-2025.pdf (mas.gov.sg) [2] response-to-consultation---roadmap-to-eliminate-corporate-cheques.pdf (mas.gov.sg) [3] response-to-consultation---roadmap-to-eliminate-corporate-cheques.pdf (mas.gov.sg) [4] These banks are Citibank, DBS Bank, HSBC, Maybank, OCBC, Standard Chartered Bank and UOB.
Legal Briefings
-
Doing business in the UAE
CMS’s John O’Connor and Harkee Wilson discuss the challenges and issues businesses face operating in the UAE and investigate some of the recent changes in the business environment.
Comparative Guides
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United Arab Emirates: Advertising & Marketing
Published: October 2023
Authors: Ben GibsonKhiloni JobanputraJaleela JohnsonEve Brady
This country-specific Q&A provides an overview of Advertising & Marketing laws and regulations applicable in United Arab Emirates.
-
United Kingdom: Advertising & Marketing
Published: October 2023
Authors: Tom ScourfieldStuart Helmer
This country-specific Q&A provides an overview of Advertising & Marketing laws and regulations applicable in United Kingdom.
-
Italy: Advertising & Marketing
Published: October 2023
Authors: Paola GhezziGiulia Tomassini
This country-specific Q&A provides an overview of Advertising & Marketing laws and regulations applicable in Italy.
- Transport
Top Tier Firm Rankings
- Fintech
- Industry focus: Food
- Industry focus: healthcare and life sciences
- Insurance
- Real estate
- Restructuring and insolvency
Firm Rankings
- Banking and finance: Borrower side
- Banking and finance: Financial services regulatory
- Banking and finance: lender or arranger side
- Construction
- Data privacy and data protection
- Energy: regulatory
- Energy: transactional
- Environment and planning
- EU and competition
- Industry focus: Information technology
- Industry focus: retail
- Intellectual property: Patents