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Franchisors beware: this is the way to avoid proceedings
The obligations that a franchisee and a franchisor have towards each other may differ in form.
READ ARTICLEThis is why the preliminary relief judge might ignore an arbitration agreement
Notwithstanding an (international) arbitration clause agreed between the parties, the preliminary relief judge may consider itself competent to take cognizance of the dispute. This is very remarkable given that the parties have excluded this possibility by arbitration agreement. On the basis of a recent decision of the Amsterdam District Court, procedural lawyer Martijn Kesler explains how this works.
READ ARTICLEStock Appreciation Rights: alternative reward for employees
With SAR, the employee does not receive shares, but a receivable on the value development of a share in a company. Viotta lawyer Dirk de Waard explains.
READ ARTICLEAlternative and simple financing instruments for early-stage investments: SAFE, KISS and EPOS
An alternative to the convertible loan agreement are the US-originated SAFE (Simple Agreement for Future Equity) and KISS (Keep it Simple Security). The Dutch variant is the EPOS (Easy Pre-payment on Shares). These are already widely used outside the Netherlands by Angel or venture capital investors.
READ ARTICLEThe (pre)contractual phase: there is or is not a way back
Buying or selling an interest in a company is exciting for both the buyer and the seller. This is usually preceded by an intensive process with different phases.
READ ARTICLEThis is the way to collect a claim of EUR 500,000 via proceedings in the Netherlands
In a collection summary judgment, William House XVIII B.V. demands an amount of EUR 500,000 from one of Van Omme & De Groot Participatiemaatschappij B.V. This recent ruling is remarkable, because a monetary claim in summary judgment is not often awarded. Lawyer procedural law Martijn Kesler explains.
READ ARTICLEProceedings before the Enterprise Chamber
It was recently revealed that the brokerage association NVM provisionally does not want to lose its majority interest in Funda. This was not very well received by a group of depositary receipt holders.
READ ARTICLELegal opinions on mergers and acquisitions (M&A)
Legal Opinions play an important role in Dutch legal practice, especially in international transaction and financing practices. Nevertheless, the average lawyer does not know much about opinions, nor about their backgrounds, set-up, scope and limitations.
READ ARTICLEDuty of care banks
It is alreaIt is already generally accepted that, because of the special function they hold, banks have a duty of care. This duty of care aims to protect individuals and companies against light financial decisions.
READ ARTICLEDo you want to get in contact with VIOTTA?