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Environmental, Social & Governance (ESG)

Environmental, Social & Governance (ESG)

Sustainability is becoming an increasingly important factor in the decisions of investors, companies, consumers, shareholders and policy and law makers. The broadly supported awareness of Environmental, Social and Governance (ESG) objectives is reflected in many international voluntary standards as well as in an increasing number of European regulations.

ATAD2

ATAD2

The anti-hybrid mismatch rules of the EU Anti-Tax Avoidance Directive (ATAD 2) aim to prevent situations of a double deduction and a deduction without a corresponding inclusion of the income at the level of the recipient resulting from a hybrid mismatch. All EU Member States have implemented ATAD2 in their domestic laws as from 1 January 2019 (for Belgium) or as from 1 January 2020 and 1 January 2022 (for a.o. the Netherlands and Luxembourg).

It is noted that EU Member states can introduce rules that go beyond the minimum standards of the ATAD2 directive. An example of this is the introduction of the ATAD2 documentation requirement in the Netherlands. Following the Dutch ATAD2 documentation requirement, all Dutch taxpayers should have documentation available in their administration that shows the (non-)applicability of the ATAD2 rules.

Substance & Tax Law

Substance & Tax Law

In recent years tax authorities have placed more emphasis on combatting the use of abusive and aggressive tax structures by companies operating across borders, to ensure fair taxation. The EU and OECD have provided tax authorities with various instruments such as the Anti-Tax Avoidance Directive (ATAD) and the Multilateral Instrument. The judgements handed down by the CJEU on the Danish cases have also set an important precedent.

However, since entities with no minimal substance and economic activity are supposedly still used for improper tax purposes, the European Commission recently issued a new proposal (ATAD 3). It is highly recommended that taxpayers already assess the possible impact of the proposal and consider opportunities for strengthening their local footprint and/or restructuring.

Digital Economy

Digital Economy

Digital transformation is all about using the latest technology to improve your business model. Digital technology creates new business opportunities which in turn creates a whole new range of tax and legal challenges such as contracting, data protection, privacy questions, intellectual property, consumer protection and competition issues.

The speed at which digital technology has become an integral part of our daily lives has overtaken most legislative processes. In recent years, the European Union, Member-States and international legislative bodies have therefore increased their regulatory efforts.

How we can help

Full ser­vice ex­per­tise

We deal with the regulatory aspects of capital markets (equity and debt), which includes expertise in the increasing number of regulations on sustainability and prudential matters. You will benefit from our extensive experience in assisting and advising financial institutions, corporations, finance & treasury companies of international groups of companies.

Integrated apprach

By combining transactional skills, tax knowledge and financial regulatory expertise, we are in a strong position to guide you through a wide variety of regulatory compliance, disclosure and reporting obligations involving listed companies in our home markets and beyond.

The world of capital markets is characterised by rapid change, increased regulation and innovation.
The need to raise funds for growth is essential for most companies and financial institutions.
Ensure maximum benefits for your organisation and its investors with in-depth advice from our equity capital markets experts.
Our securitisation and structured finance team represents financial institutions, corporations and originators in a wide range of securitisation transactions