Joint Approach to Money Laundering by Dutch Banks Under Fire!
Banks are obliged under Dutch (and European) law (the Prevention of Money Laundering and Terrorist Financing Act, “Wwft”) to monitor all financial transactions of their customers for possible criminality. But the big Dutch banks’ joint money laundering approach undermines European legislation (AMLR) and must stop.
Navigating the Waters of Director’s Personal Liability and Its Inheritance: A Legal Perspective
Personal liability for a company’s debts can now be inherited. A director’s personal liability for a company’s outstanding debts does not simply disappear on death. Instead, this responsibility is transferred to the director’s heir(s).
Strategic decision-making, transparency and the need for comprehensive legal and financial preparation are of great importance to anyone involved in or connected to the business sphere. Understanding these dynamics and preparing for their implications is crucial for both protection and forward planning.
Deliveroo’s legal legacy: a tale of two jurisdictions and the shifting sands of the Gig Economy
The Dutch and UK Deliveroo rulings show that similar scenarios can have vastly different outcomes in different jurisdictions. Entrepreneurs planning to expand internationally must be mindful of the variances in legal frameworks and regulations across borders. A lack of preparation for international expansion can lead to costly setbacks rather than successful growth.
EU Directive transparent and predictable terms of employment and the ‘free’ training
Since the implementation of the EU Directive on transparent and predictable terms of employment the Dutch law explicitly states that employer is obliged to have the employee follow training and courses necessary for his/her job at the employer’s expenses.
European Parliament adopts Pay Transparency Directive – first step to equal pay!
Adopting the Directive is the first step in making salaries more transparent as the lack of pay transparency has proven to be one of the main obstacles, if not the major one in closing the gender pay gap women (of EU) so badly need.
International Women’s Day – still many obstacles to overcome
International Women’s Day, the day when women are recognised for their achievements, nevertheless reminds every year that women still have a long way to go before they are economically equal to men. Equality in wages is far from being achieved. Latest calculations show that it will take another 63 years to achieve full equality. Several national attempts have failed to produce results in any case. The EU is voting this month on new wage rules that will allow equalisation of pay for men and women.
The Dutch National Bank (DNB) scolded – founders DeGiro can be trusted
Wwft continues to occupy minds. The court overturns DNB’s earlier decision that founders of DeGiro are untrustworthy dismissing much of the evidence. At issue are six facts presented by DNB, which, by court order, may now not be used to prove any untrustworthiness of DeGiro’s founders.
bunq-ruling & The Prevention of Money Laundering and Terrorist Financing Act
The Prevention of Financing of Terrorism Act (Wwft) has a risk-based approach that requires institutions themselves to assess the relevant risks of a client and then put in place sufficient mitigating measures in return. Banks and financial institutions have armies of employees dealing with KYC and CDD on a daily basis. Where do you stand?
You are fired!
A summary dismissal is very drastic and a last resort to allow the employer to dismiss an employee immediately in case of an urgent reason. Theft, fraud, threats and violence come to mind when asked for a reason, but refusal of work without good reason can also lead to summary dismissal.
An employer, as the stronger party, is expected to handle summary dismissal with due diligence and exercise due diligence towards an employee based on good employment practice.
In the case of summary dismissal, the relationship between the requirement of promptness and the duty of care taken must be considered.
Proper preparation can ensure that the employer is not caught off guard by the court. Taking timely legal advice is one of them. ACG International is specialised and experienced in assisting both employers and employees in issues of (dismissal) grounds. It is important for both employers and employees that these matters are and remain on the right track.
Mind the gap!
Despite the efforts of policy makers, the pay gap (the difference between men’s and women’s wages) remains a major problem to be addressed. It can seem overwhelming and often employers do not know exactly where and how to start. Such issues can cause problems and create a tense working atmosphere. ACG International can help employers create transparency.