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Hamilton Lawyers

  • You no longer have to judge legal issues and documents by yourself
  • You can always ask one our advisors before making difficult choices or decisions
  • You will have a reliable legal partner on your side
  • You can focus on growing your business
  • You won't be spending days looking for a decent solution
  • Makes the insecure, secure

Company Law

An entrepreneur gets confronted with various kinds of risks. For example, in case of bankruptcy, private property belonging to you (the entrepreneur) can and eventually will be addressed. A suitable legal form for your company can significantly limit these risks.

The most common business companies in the Netherlands are the sole proprietorship, the limited partnership, the partnership, the private company and the public limited liability company.

To reduce the risk of personal liability, entrepreneurs (increasingly) choose for a private company (BV) as a legal form. To prevent abuse, the Dutch government drafted several laws and guidelines on bankruptcy, such as article 2:248 of the Dutch Civil Code. In this article, it is mentioned that during a bankruptcy the directors can still be held liable for the company's actions if they improperly or negligently performed their duty. In addition, the directors always need a correct and solid administration. The directors can also be held liable when contracts and agreements are being signed while knowing not the achieve the requirements for that contract. Even when you have a private company, there is no such thing as being inviolable.

man on books

As we can see, the Dutch enterprise law is a complex subject with various legal issues, such as issues regarding the structure of an organization or staff relations. Nonetheless, entrepreneurs usually try to solve legal issues by themselves. This is also a possibility, of course, but this often appears to be a time and energy intensive method and it can have drastic consequences if mistakes are being made. A lawyer from Hamilton knows the law, tells you exactly where it comes down to and what your best course of action would be. Hamilton takes care of all your legal matters regarding your company and business.

Our expertise

  • Founding and establishing companies
  • Drafting and changing articles of association / statutes
  • Reorganizing or restructuring your business
  • Legal consult during mergers, acquisitions and property sales
  • Compiling and evaluating contracts with the corresponding terms and conditions
  • Assessing your liability and improving your legal position
  • Legal assistance with rental company properties
  • Assisting and developing company publications for the Chamber of Commerce

Tax Law

The rules and guidelines regarding tax payments in the Netherlands are described in the Dutch tax law. These laws are implemented by the Dutch tax authorities and its inspectors. They can also determine how much tax a company or a person must pay.

The Netherlands have a separate law for each type of tax; The Income Tax Act, the Wage Tax Act, the Sales Tax Act and the Corporate Tax Act. In addition, there are two laws which are of a higher order; The General Administrative Law and the General Taxation Act, which stipulates obligations regarding declarations.

In addition to this classification of various taxes, the tax law can also be separated in direct and indirect taxes. Wages and corporation tax are examples of direct taxes. On the other hand, VAT, excise duties and the sales tax are indirect taxes. Not only consumers have an obligation to transfer taxes, but entrepreneurs and companies also have this obligation. It is obvious that a company has relatively more transactions and cash movements. As a result, the importance of fiscal advice for entrepreneurs is much higher in comparison with consumers, because ultimately, no one wants to pay more than what is needed.

When taxpayers cannot meet their obligations, several recovery measures can be applied by the Dutch Tax law. For example, the salary or property may be seized or a third party can be held liable for a tax debt. These are often bothersome situations and to avoid this, thorough tax advice is of great importance. Feel free to contact Hamilton, we look forward meeting you.

sorrowed business woman

Our expertise

  • Improve your tax position
  • Solve fiscal issues
  • Guiding and restructuring business successions
  • Accompanying companies during tax checks and tax disputes
  • Supervising corporate income tax, VAT, dividend tax, income tax and payroll tax
  • Developing documents for the Chamber of Commerce