Business Service Lawyers
Business services are among the fastest growing branches of industry in the Netherlands. If we include agency workers, this sector has more employees than the entire sector. Most business services companies are small and have ten members of staff or less. The threshold to start a business is low, as the provision of business services does in general demand relatively few investments in buildings, machines and stocks. As a legal firm, we ourselves form part of this diverse sector.
The lawyers of Leeman Verheijden Huntjens work closely together with a number of civil-law notaries from Rotterdam and various regional accountancy firms. Clients are also referred to one another if there is such a need. The fact that they are seen as a good and reliable partner by these parties is a big compliment for our firm.
Our client portfolio includes IT companies, accountants, tax specialists, facilities service providers and estate agents. Our team advises them during internal issues about structure and collaboration, but also in the case of mergers, dissolution and the realisation of joint ventures. We are also closely involved in preparing and concluding contracts, general terms and conditions and we provide advice about employment contracts and reorganisations. Our litigation lawyers are ready for any legal proceedings.
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Sick employee does not cooperate in reintegration: employer actions
A reintegration process starts by the employer reporting sick. Earlier, we wrote an article about the steps that should be taken in a reintegration process. But what if the sick employee does not cooperate? Which actions can you take as an employer to get the reintegration process back on track or can the employer fire the sick employee if he does not cooperate?
The position of the SME entrepreneur as a creditor in a WHOA arrangement
On 1 January 2021, the Homologation Underhand Arrangement Act (WHOA) entered into force. This law introduced a new restructuring instrument. Its purpose is to prevent companies from being declared bankrupt while they are still (partially) viable. The statutory scheme includes a minimum protection for (smaller) SMEs. This is also referred to as the 20% rule. In this article I will explain the position of the SME as a creditor in a WHOA settlement.
Can a cash payment made after the bankruptcy date be reclaimed?
Recently, the Supreme Court issued an interesting judgment involving two important principles of bankruptcy law, namely the principle of fixation and the principle of paritas creditorum. The case concerned a situation in which, after the bankruptcy date, a cash payment was made from the bankrupt's bank account to a creditor. The central question was whether the trustee could recover the payment from the creditor. This article discusses the case, the relevant principles and the Supreme Court's opinion.
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