in this day and age.Corporate governance is the term used to describe how companies are managed and how that management is overseen. It includes the rules, processes and structures that ensure a balanced allocation of responsibilities among directors, supervisors and shareholders. The key is to strike the right balance within these relationships, taking into account the often divergent interests of stakeholders and determining the right course for the company. A sound governance structure is essential to fostering relationships, compliance with laws and regulations, and sustainable growth for your company.
The attorneys at Delissen Martens can advise you on all your corporate governance and compliance issues. We can also audit your organization, discuss the importance of compliance with relevant legislation with all stakeholders within your organization, and help you set up structures in which management, authority and supervision are properly regulated. Mainly by recording all these tasks and powers properly, for example in the articles of association and shareholders' agreement.
In a previous blog, we wrote about the Act on Adaptation of Dispute Settlement and Clarification of Admissibility Requirements for Survey Proceedings (Wagevoe). This amendment has now come into force on 1 January 2025. This blog gives a brief overview of the amendment.
On 16 May 2024, the House of Representatives gave the green light and on 4 June 2024, the Senate followed suit: the Wagevoe Bill is now officially law. This new law brings a number of changes to dispute resolution and clarifies the requirements for shareholders and depositary receipt holders of listed companies who wish to initiate an inquiry procedure. As its name suggests, the Wagevoe Act provides greater clarity in this area.
In disputes, there is often much debate about whether general terms and conditions apply to a contractual relationship. General terms and conditions should therefore be declared applicable to the contract in a legally correct manner.
A management decision is a decision made by the board (management) of a legal entity. Board resolutions that are made in writing have few substantive requirements and are in principle free of form. Do you need to prepare a written board resolution, but do not know how to do this?
