- within Privacy, Food, Drugs, Healthcare, Life Sciences and Antitrust/Competition Law topic(s)
With the entry into force of the Act on the Abolition of Pledge Prohibitions, both clauses that exclude the transferability or pledgability of certain monetary claims and clauses intended to prevent the pledging or disposal of such monetary claims are null and void. The Act aims to expand credit potential but, apparently unintentionally, has a broader scope. In this article, the authors discuss the impact of the Act on the basis of various practical examples.
The article addresses the following questions:
- What is meant by the exercise of a profession or business?
- How is the scope of a clause determined?
The authors then provide a number of practical examples of clauses that may be void after the entry into force of the Act on the Abolition of Pledge Prohibitions. And the authors discuss the so-called negative pledge provision.
The full publication is only available in Dutch and can be downloaded below.
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Wet opheffing verpandingsverboden – wat is de strekking?
Publication in 'Maandblad van Ondernemingsrecht' MvO
This publication was previously published in Maandblad van Ondernemingsrecht/Boom Uitgevers
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
