Part III Europe, 13 The Valuation of LBT Notes: An Application of Dutch Insolvency Law

2017 ◽  
Author(s):  
Faber Dennis ◽  
Vermunt Niels ◽  
Davies Gareth ◽  
Helmantel Mark
Keyword(s):  
The Netherlands ◽  
Legal Reform ◽  
Economic Aspects ◽  
Insolvency Law ◽  
Lehman Brothers ◽  
Bankruptcy Code

This chapter explores the main issues faced by the Lehman Brothers Treasury Co BV in the Netherlands (LBT) bankruptcy trustees in the valuation of (claims arising from) Notes and Certificates (LBT Notes). Legal and economic aspects of the definitive valuation principles adopted by LBT’s bankruptcy trustees are explained in detail. Although Dutch law applied to the valuation of insolvency claims, some references to foreign valuation regimes is made to illustrate alternative options for the valuation of certain types of insolvency claims or the need for statutory reform. The chapter first provides an overview of the procedure applied by the LBT bankruptcy trustees to establish valuation principles and the role of certain main stakeholders in this process. This chapter also looks at legal and economic aspects of the general valuation regime under the Dutch Bankruptcy Code (Faillissementswet) vis-à-vis the valuation of insolvency claims in the LBT proceedings and concludes with some observations on future legal reform.

The adaptation of design thinking in auditing

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Linda MEIJER-WASSENAAR ◽  
Diny VAN EST
Keyword(s):  
The Netherlands ◽  
Design Thinking ◽  
Public Organizations ◽  
Design Framework ◽  
The Right ◽  
The Way

How can a supreme audit institution (SAI) use design thinking in auditing? SAIs audit the way taxpayers’ money is collected and spent. Adding design thinking to their activities is not to be taken lightly. SAIs independently check whether public organizations have done the right things in the right way, but the organizations might not be willing to act upon a SAI’s recommendations. Can you imagine the role of design in audits? In this paper we share our experiences of some design approaches in the work of one SAI: the Netherlands Court of Audit (NCA). Design thinking needs to be adapted (Dorst, 2015a) before it can be used by SAIs such as the NCA in order to reflect their independent, autonomous status. To dive deeper into design thinking, Buchanan’s design framework (2015) and different ways of reasoning (Dorst, 2015b) are used to explore how design thinking can be adapted for audits.

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Complementary Tools and Incentives

2018 ◽  
Author(s):  
Mokal et
Keyword(s):  
Modular Approach ◽  
Insolvency Law ◽  
Financial Situation ◽  
Legal Advice ◽  
Effective Use

This chapter discusses the complementary tools and incentives that can be adopted by jurisdictions to ensure the proper and effective use of the Modular Approach and to give due regard to the position and role of the various types of stakeholders involved in a MSME insolvency process. It specifically focuses on the roles and obligations of the MSME entrepreneur, both at times approaching insolvency and during the MSME insolvency process. Entrepreneurs do not always possess the education and skills to monitor the financial situation of their business and to react accordingly. With regard to the MSME framework, they would usually not be capable of designing a proper continuation plan. They might not even be aware that there is a chance to turn their business around by using mechanisms under insolvency law. In all these areas, education is a useful remedy. Jurisdictions should establish a method for providing affordable educational counselling and legal advice.

scholarly journals Invasive Group A Streptococcal Disease in The Netherlands: Evidence for a Protective Role of Anti–Exotoxin A Antibodies

2000 ◽  
Vol 181 (2) ◽  
pp. 631-638 ◽  
Author(s):  
Ellen M. Mascini ◽  
Margriet Jansze ◽  
Joop F. P. Schellekens ◽  
James M. Musser ◽  
Joop A. J. Faber ◽  
...  
Keyword(s):  
The Netherlands ◽  
Protective Role ◽  
Exotoxin A ◽  
Invasive Group ◽  
Streptococcal Disease ◽  
Group A

Child Care and Child Births: The Role of Grandparents in the Netherlands

2013 ◽  
Vol 75 (2) ◽  
pp. 403-421 ◽  
Author(s):  
Fleur Thomese ◽  
Aart C. Liefbroer
Keyword(s):  
Child Care ◽  
The Netherlands

scholarly journals Thieves, Fools, Fraudsters, and Gamblers? The Ambivalence of Moral Criticism in the Credit Crunch of 2008

2015 ◽  
Vol 56 (1) ◽  
pp. 93-118 ◽  
Author(s):  
Sascha Münnich
Keyword(s):  
Market Model ◽  
Credit Crunch ◽  
Public Attention ◽  
Moral Criticism ◽  
Cultural Legitimacy ◽  
Lehman Brothers ◽  
Public Debates ◽  
Client Relations ◽  
Financial Capitalism

AbstractThis article examines public debates on the legitimacy of banking profits in the 2008 credit crunch. A content analysis of 957 newspaper articles published in Germany and the UK in the early weeks after the Lehman Brothers collapse examines critical statements directed at illegitimate forms of financial profit in order to identify the cultural legitimacy of financial capitalism. The conceptual framework provided by the French sociology of justification points to the role of shared orders of value as a normative reference for public discourses. In both national debates, four important boundaries for legitimate profits were drawn that concerned the problems of ownership, risk-management capacities of traders, fraudulent client relations, and speculative gambling. The meaning of this classical moral criticism of banks was transformed in the context of the 2008 crisis: a line between “normal” and “excessive” financial profits was drawn, defining an area of legitimate profit-seeking that hewed to the basic assumptions of the market model. Economic theory was used as a scheme of public economic morality. The seemingly harsh critical debate effectively reproduced a legitimate image of a functioning financial market, deflecting public attention away from the structural ambivalences of financial profit-seeking and granting legitimacy to the institutional status quo of financial capitalism.

scholarly journals Diversity and Out-Group Attitudes in the Netherlands: The Role of Authoritarianism and Social Threat in the Neighbourhood

2014 ◽  
Vol 40 (9) ◽  
pp. 1414-1430 ◽  
Author(s):  
Jasper Van Assche ◽  
Arne Roets ◽  
Kristof Dhont ◽  
Alain Van Hiel
Keyword(s):  
The Netherlands ◽  
Social Threat
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