EACC & Member News

Houthoff launches the Dutch Scheme Tool: a visualisation tool for the new Dutch Scheme (Wet Homologatie Onderhands Akkoord)

Houthoff launches the Dutch Scheme Tool: a visualisation tool for the new Dutch Scheme (Wet Homologatie Onderhands Akkoord). The tool is freely and publicly available at whoa.houthoff.com.

WHAT IS THE DUTCH SCHEME?

The Dutch Scheme is a Dutch pre-insolvency procedure inspired by the scheme of arrangement in the UK Companies Act 2006 and Chapter 11 of Title 11 of the US Bankruptcy Code. The Dutch Scheme allows a debtor or restructuring expert to propose a plan that may help avoid the debtor’s insolvency. The Dutch Scheme entered into force on 1 January 2021.

The Dutch Scheme combines a fast and flexible framework for concluding pre-insolvency schemes with a high degree of deal certainty. Such instrument did not exist in Dutch insolvency law until now. As a framework, the Dutch Scheme does not prescribe the contents of a plan. Proponents can draft a plan as they see fit (e.g. extending and/or reducing debt, debt for equity swap, sale of assets, limited to only a subset of the capital structure, etc.). The Dutch Scheme provides plan proponents with a high degree of flexibility on structuring the process (e.g. timing, electronic voting, etc.).

A two-pager describing the key features of the Dutch Scheme can be found here.

WHAT DOES THE DUTCH SCHEME TOOL DO?

The Dutch Scheme Tool visualises the changes in a company’s capital structure, outstanding liabilities and value distribution under a possible plan under a Dutch Scheme. As such, the Scheme Tool offers you a first visual impression of a proposed plan under a Dutch Scheme and helps better understand such plan. In addition, the Scheme Tool offers a first rough analysis whether the main tests for confirmation (homologatie) of the plan under the Dutch Scheme are likely met or not. We invite anyone to try the Dutch Scheme Tool at whoa.houthoff.com.

HOUTHOFF’S RESTRUCTURING AND INSOLVENCY PRACTICE GROUP

The Tool is developed by the Restructuring and Insolvency practice group at Houthoff. For more information about Houthoff’s Restructuring and Insolvency practice please click here.

EACC & Member News

Deloitte: Side-by-side comparison of Biden’s and Trump’s tax policy

On November 3, 2020, the 59th United States presidential elections will be held. President Donald Trump (Rep.) will try to get re-elected against challengers Joe Biden (Dem.), former vice-president of the Obama administration. Based on announcements and publications made available so far, it is clear that both candidates have (strongly) diverging agendas ranging from (US and international) tax topics to broader policy considerations and issues such as the Economy, Healthcare and Climate Change.

Given that differences between the plans of Trump and Biden as well as the uncertainty regarding the outcome/winner, these elections can potentially have a big impact for international businesses headquartered or operating in the United States.

Download the full report for a side-by-side comparison of Biden’s and Trump’s respective proposals. The publication offers a high-level discussion of the two candidates’ tax policy proposals on TCJA and other issues, along with a side-by-side comparison of their positions on certain key tax questions.

Side-by-side comparison of Biden’s and Trump’s tax policy proposals

EACC & Member News

A word from our Presidents

Dear Members,

Our transatlantic relationship continues to be put to the test with the emergence of the COVID-19 pandemic confronting international business on a scale not seen since the advent of the financial crisis. The European American Chamber of Commerce will address the challenges that the pandemic brings together with focus and resolve, and in a spirit of collaboration and in recognition of our shared interests.

We see our collective role supporting our members by sharing information and facilitating the connections you need to navigate this difficult period in an effort to restore business confidence and growth.

Our Executive Directors are currently working together on a series of transatlantic webinars for you and your teams to bring you in the upcoming weeks the kinds of thought leadership that has exemplified  our programs since our founding. We encourage you to use them a resource and to share best practices with other members on both sides of the Atlantic. Please do not hesitate to reach out to your local chapter with your ideas and requests for assistance.

Keep safe and healthy.

Nathalie BERLIET (Lyon), Howard DANIEL (Carolinas),  Myrthe GÖRTZEN (Netherlands), Guillaume MARTINEZ (France), James ROSENER (New York),  Yannick SCHILLY (Cincinnati),  Alan SUTIN (Florida)

The Presidents of the EACC Chapter Network

EACC & Member News

Report: Legal Considerations for Establishing Operations in the United States

Author: James D. Rosener, Pepper Hamilton

The business climate in the United States, though subject to business cycles, is the largest, most dynamic and durable in the world. The freedom to compete gives would-be entrants the greatest opportunity to succeed and entrenched players the greatest risk of failure. Central to the business climate is the virtual absence of political risk and the stability and predictability of the legal system.

DOWNLOAD THE COMPLETE ARTICLE

12