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Overview of Dutch legal systems 4-4-2015
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Overview of Dutch legal systems 4-4-2015
1.
中国企业中国企业中国企业中国企业中国企业中国企业中国企业中国企业在荷兰的在荷兰的在荷兰的在荷兰的在荷兰的在荷兰的在荷兰的在荷兰的投资并购投资并购投资并购投资并购投资并购投资并购投资并购投资并购 -- 打开打开欧洲欧洲大陆大陆的门户的门户 2015年4月 陈红娟 Nancy
H. Chen
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荷兰近代荷兰近代荷兰近代荷兰近代荷兰近代荷兰近代荷兰近代荷兰近代法制法制法制法制法制法制法制法制StyleStyle 格劳修斯 1583-1645 阿姆斯特丹 证券交易所 1609-- 海牙和平宫 1913- 荷兰联合东 印度公司 1602-1798
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荷兰现代荷兰现代荷兰现代荷兰现代荷兰现代荷兰现代荷兰现代荷兰现代法制法制法制法制法制法制法制法制StyleStyle 安乐死 大麻馆 同性婚姻 君主立宪 阿贾克斯 足球俱乐部
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荷兰荷兰荷兰荷兰荷兰荷兰荷兰荷兰:: 欧洲大陆的门户欧洲大陆的门户欧洲大陆的门户欧洲大陆的门户欧洲大陆的门户欧洲大陆的门户欧洲大陆的门户欧洲大陆的门户 • 地理 •
人文 • 语言 • 法律 • 税务 • 金融 • 证券
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主要内容主要内容主要内容主要内容主要内容主要内容主要内容主要内容 1. 荷兰的法律环境 2. 荷兰的企业法人形式 3.
荷兰的有限责任公司 4. 荷兰的法律创新(控股公司) 5. 荷兰的纸公司 6. 中企并购荷企程序
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1.1. 荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的法律法律法律法律法律法律法律法律环境环境环境环境环境环境环境环境 • 君主立宪,议会制 •
欧盟法律框架(五大自由) • 法律体系健全(欧洲的第一部法典诞生于莱顿大学) - 公平,透明原则;准司法的公证制度 • 商业贸易繁荣,“避税天堂” - 知名美国企业: Google,IBM,Dell,Yahoo,Starbucks,Nike......48%的世界500强在荷兰设置 一个或一个以上的有限公司 - 知名中国企业: 柳工、华为、中石油、比亚迪、汉能......欧洲总部 外企外企外企外企在在在在荷目的荷目的荷目的荷目的::::进入欧洲市场;合法避税、利润最大化
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2.2. 荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的企业企业企业企业企业企业企业企业法人法人法人法人法人法人法人法人形形形形形形形形式式式式式式式式 荷兰企业的法律形式概要荷兰企业的法律形式概要荷兰企业的法律形式概要荷兰企业的法律形式概要 法律形式法律形式法律形式法律形式 一人公司 Sole Trader 有限责任公 司 B.V. 上市公司 N.V 合伙 Professional Partnersip 商业合伙 Commercial Partnership 有限合伙/合作 社Partnership 基金会 (Foundation) 设置形式设置形式设置形式设置形式
无 公证形式 公证形式 公证形式 无,优先选择 书面合同或公 证形式 无,优先选择公 证或登记形式 公证形式 注册资金注册资金注册资金注册资金 无 0.01 45,000 无 无 无 无 管理管理管理管理 拥有者 执行委员会 执行委员 会 合伙人 合伙人 管理合伙人 理事会 其他管理其他管理其他管理其他管理 机构机构机构机构 无 股东(或理 事会) 股东(或 理事会) 无 无 有限合伙人 无 责任责任责任责任 个人全责 董事负有限 责任 董事负有 限责任 合伙企业破 产时个人承 担同等责任 商业合伙企业 破产时所有合 伙人承担全部 责任 管理合伙人个人 无限责任,一般 合伙人有限责任 理事会承担 责任 税务税务税务税务 个人所得 税, 企 业盈利税 合伙税,董 事收入税和 分红税 合伙税, 董事收入 税和分红 税 个人所得税 , 企业盈利 税 个人所得税, 企业盈利税 对于管理合伙人 :个人所得税, 利润分配税 可能的合伙 税务
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3.3. 荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的有限责任有限责任有限责任有限责任有限责任有限责任有限责任有限责任公司公司公司公司公司公司公司公司(B.V.)(B.V.) 有限责任公司的设立: - 公证处 荷兰注册地址、法定代表人/董事、业务范围不限(除特许经营 外) -
工商局(KvK) 有限责任公司的运作: - 公司财税和行政管理 - 可能涉及的移民法务 (企业在荷兰移民局登记备案->草拟海外高级员工聘用合同-> 申请高科 技移民以获得工作许可->高科技移民到荷兰后三个工作日内申请居住许 可。一旦获得长期工作许可与居住许可,国内到荷兰的高管一家可以获 得一次五年长期居留并在此期间随意进出欧洲申根国家和中国。)
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4.4. 荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的法律创新法律创新法律创新法律创新法律创新法律创新法律创新法律创新((控股公司控股公司控股公司控股公司控股公司控股公司控股公司控股公司)) 荷兰 控股 公司 德国 公司 法国 公司 美国 公司 母公司 免交25%的盈利税
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5.5. 荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的荷兰的纸纸纸纸纸纸纸纸公司公司公司公司公司公司公司公司(Paper Company)(Paper
Company) 纸公司: - 仅有企业注册文件 - 在荷兰无任何工作人员 代办机构: 荷兰信托公司 (荷兰央行发放执照)
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6.6. 中企中企中企中企中企中企中企中企并购并购并购并购并购并购并购并购荷企程序荷企程序荷企程序荷企程序荷企程序荷企程序荷企程序荷企程序 首先:一对一并购谈判还是公开并购投标 第一阶段: - 法律尽职考察 -
销售和购买协议(SPA) 第二阶段: - 交易文件 销售和购买协议/担保,转让文件准备(以及翻译成中文) 销售和购买协议/股权协议定稿,签约 并购文件签订 融资协议、股东决议,等等 过渡时期(包括前提条件CP的实现期间,关闭议程等等) 关闭期间(包括荷兰公证处的新股权公证,以及公正协议翻译成中文)
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谢谢谢谢谢谢谢谢!!!!谢谢谢谢谢谢谢谢!!!! Thank you 网页:www.climaxmi.org 邮箱:nchen@climaxmi.org
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