Dirk de Waard

The introduction of the one-tier board in a public limited liability company or private limited company was part of the Simplification and Flexibility of Private Limited Companies.

In this article, corporate law attorney Dirk de Waard discusses the current scheme in the Netherlands and the adjustment of the tax scheme for share option rights, which tries to make Dutch startups more attractive to talented employees. In addition, a comparison is made with the regulations in the United States, the United Kingdom and Germany.

With the preparation of the annual figures, supermarket chain Picnic once again plunged into the red: it made a loss of 45 million in the 2020 financial year.

In most transactions, the purchase price is based on the value of the company on the day the shares or assets/liabilities are delivered by seller to buyer. This value can be derived from the company's financial statements on the same transfer date. 

The purpose of the founders of a SPAC, called “sponsors”, is to raise capital through an issuance of shares and warrants that are listed on a stock exchange, called “units” combined.

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.

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.

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.

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.