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Transposition of Cross Border Directive in the Netherlands

Robbert van het Kaar, University of Amsterdam (February 2008)

At the moment of writing, the Netherlands still have not implemented the cross border merger directive, although the legislative process seems to be in its final stages. The directive will be implemented by adding a new chapter to Book 2 of the Dutch Civil Code, which contains the main body of Dutch company law. Article 16 of the directive will be implemented in article 2:333k. The new rules will have no major impact on the rights of employees with regard to mergers and acquisitings, which are vested in the law on Works Councils.

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