As technologies investigating the causes of insolvency become more advanced, the question arises what purposes do new generation insolvency investigations have in the legal system and in particular in the context of directors’ liability.
February 2016, the Monitoring Committee presented a proposal for revision of the Dutch Corporate Governance Code. Considering that the Code was published in 2003 and most recently modified in 2008, the consultation of the Code is long overdue & welcome.
The social economy is gaining attention in Europe. Member States are asked to create supportive environments for this sector where people are prioritized above capital distribution. The worker cooperative may be a solid framework for this new paradigm.
Leiden Law School is involved in a research project on the legal position of shareholders as forum shopping and regulatory arbitrage has increased the tension between the rights of shareholders, creditors and, in general, company law and insolvency law.
A recent court decision in the Netherlands under the so-called inquiry procedure may give food for thought to other countries and induce them to introduce a similar procedure. This is of great value to small/medium-sized companies that are at standstill.