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Netherlands - Legal Aspects of Doing Business in Europe - Second Edition
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9071
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The Netherlands Loyens & Loeff
Amsterdam, The Netherlands
Introduction
This and the following sections attempt to give a first impression of various legal aspects
of doing business in The Netherlands, a highly industrialized country known for its internationally
orientated commercial banking, insurance, and transport services.1Within the
limited scope of this chapter, it would be impossible to give complete coverage. The subjects
described are not examined in any great detail. In addition, the authors were forced to
be selective in the law to which they addressed themselves, and some important matters
had to be omitted, among these being: real estate transactions, insurance practice, zoning
and environmental regulations, and transportation law. The treatment of foreign entrepreneurs wishing to do business in The Netherlands is basically
non-discriminatory.With some exceptions, primarily in the banking and insurance
industry, non-residents are subject to the same rules as residents. In view of the complex
nature of some of the rules, such as those in respect of environmental protection, prospective
investors should discuss their plans with the Ministry of Economic Affairs at an early
stage and seek the advice of professional advisers. In The Netherlands, there are 21 large Chambers of Commerce and Industry and several
smaller ones, promoting and supporting commerce and industry in their own districts.
Under many different legislative measures, the Chambers are charged with specific duties
and responsibilities, such as the keeping of a trade register and the issue of establishment
permits in accordance with various so-called establishment decrees which aim at ensuring
a minimum of solvency, commercial education, and professional skills. It should be
noted here that The Netherlands belongs to the Benelux Economic Union (between Belgium,
The Netherlands, and Luxembourg), is one of the 27 Member States of the
European Union, and is a party to numerous international treaties and Conventions, such
as the Treaty of New York on the Recognition and Enforcement of Foreign Arbitral
Awards, and the Convention of The Hague relating to a Uniform Law on the International
Sale of Goods. Other important treaties relating to specific subjects will be mentioned in
subsequent sections relating to the subject concerned.
Loyens & Loeff, Amsterdam, The Netherlands
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