In its advice, the Expert Group recognised that there is a clear use case for listed BVs, acknowledging the importance of party freedom when it comes to structuring their company. The Expert Group recommended that certain statutory provisions that currently apply only to NVs whose shares are listed on a regulated market should also apply to BVs whose shares are listed on a regulated market.
We expect the Dutch legislator to implement at least some of the legislative amendments recommended by the Expert Group. This would arguably strengthen the protection of minority shareholders, address certain concerns raised in the Dutch legal literature and could increase investor appetite. Despite the converging standards, however significant differences remain, and we therefore believe that the BV could be considered as an alternative to the NV for parties contemplating the listing of a Dutch company.
Want to learn more? In this trend report we share our thoughts on how this development may impact the choice of legal form for parties contemplating the listing of a Dutch company. Please download the report below.
Contact
Should you have any questions on these developments, please do not hesitate to contact us for tailor-made advice.
