the dividend distribution against the new rules that were introduced in the Company (Simplification and Flexibilization) Act (the Flex-BV). These profits first have to be adopted in the annual accounts. Dividend payment test by the board of management of the company. The board can only disapprove of the decision if it is aware, of could be aware, that the company will have trouble, after distributing the dividend, to pay its due and claimable debts (going-concern requirement). Dispute about the legitimacy of the decision to distribute a dividend.
The board of management can also approve the decision implicitly, by effecting the actual distribution. Although it is not completely clear if the annual accounts had been adopted, there were various documents available in which the main parts of the annual accounts were included. Cognizants new whitepaper provides details on how many energy utilities are upgrading their existing outage management ecosystem to improve outage communications. » Meer over balance sheet balance sheet test. The claimant stated that the dividend distribution did not comply with the legal requirements. This altered dividend payment test also has consequences for directors. This test is also called the restricted balance sheet. In brief, the court in preliminary relief proceedings concluded that the dividend distribution was not unlawful. In this case the claimant (the shareholder who had received the dividend) and the respondent (the company that had distributed the dividend) had a corporate dispute about the legitimacy of the dividend distribution to the claimant. In doing so, the court applied the new rules, pursuant to the so called.
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