Response on behalf of Houthoff to the online consultations
25 November 2019
The online consultations on the draft bill on the adjustment of proceedings for settlements of disputes and admissibility requirements for inquiry proceedings recently ended. The draft bill aims to make proceedings for the settlement of disputes more effective. To this end, the grounds for awarding claims in expulsion proceedings and exit proceedings will be extended. The draft bill also proposes that proceedings for the settlement of disputes can be brought before the Enterprise Chamber after the Enterprise Chamber has ruled in inquiry proceedings that there has been improper management or mismanagement. Currently, proceedings for the settlement of disputes must be brought before the district court.
The draft bill also proposes that shareholders and holders of depositary receipts of listed companies can start inquiry proceedings if they represent, individually or together, at least 1% of the issued capital or a stock market value of at least EUR 20 million. In contrast to the current law, the value of the listed company's issued capital is not relevant in this respect.
On behalf of Houthoff, Klaas van der Graaf, Jan Willem de Groot, Marjolein Heuten, Elselique Hoogervorst, Alexander van der Voort Maarschalk and Paul de Vries submitted a response. The response (in Dutch) can be found here.