Whether you are setting up a company in the Netherlands, or whether you already have a blooming business and you wish to professionalize or whether you need to rescale your business because of Covid-19, Brexit, or another external factor affecting your business, the issue that needs to be addressed in all cases, and repeated on a regular basis, is legal commercial/management control.
Regardless of whether your business sells products and/or services to the Dutch market or internationally, your business will need to deal with the legal aspects of Risk Award, Long term investment and return, Critical Role of internal processes, and Understanding your Market. It is a choice for the business to decide on its priorities regarding these aspects and also the weight it attaches to it.
All these issues boil down to what are the right protections in place for the shareholders, management team, and trade of the business?
- which legal structure has been chosen and is that still appropriate? And are the right checks and balances in place for the management team and are they sufficiently insured?
- is the trading aspect of the business sufficiently protected from a legal point of view by good internal legal processes to secure your investment in the short and long-term?
In order to answer any of the above questions, the associated legal aspects need to be identified and clarified, in order to get to the solution so that the business can weigh up the commercial pros and cons. Think of the following legal services that you may need, being:-
- Corporate support – Analysing your legal structure and advise you accordingly on a new or amended corporate structure, such as the shareholder’s agreement, joint-venture agreement, and other corporate agreements that you either have in place or would like to get into place. Analyzing the management structure and advise you accordingly on a management agreement, inclusive or exclusive of any shareholder rights you may wish to include, awareness of the statutory directors on their legal rights and obligations, and ensuring that there are sufficient checks and balances in place within the company as a whole including liability insurance.
- Commercial legal management – analyzing your legal sales structure, such as general terms and conditions, direct sales agreements, big customer or supplier framework agreements, indirect sales agreements such as distribution agreements, agency agreements, and standard sales agreements. If your business relies on the rights of third parties, or purchases certain services and/or products to compile your product/services then you may need a license agreement or other agreement that is interpreted into the other contracts mentioned above to manage your risk as a business.
- Legal risk management – analyzing your legal processes and making sure the standard agreements tie in with the business and visa versa as well as litigation aspects, such as international debt collection proceedings, and other legal proceedings to secure the rights of the business.
- Legal dispute issues – when there is a dispute, negotiate settlement agreements. If that is not an option, issuing legal proceedings is the last resort, such as international debt collection proceedings or other legal proceedings.
The services referred to above are very similar to the services provided by an in-house legal counsel, and we can provide this service to your business that needs regular legal support but does not as yet have the size to employ a legal counsel. Please contact us for more information.