PROFESSIONAL COURSE
Dutch anti-money laundering, corporate, and tax law course
The course can be taught both in English and in the Russian language
Experienced Dutch Lawyer
High level of professionalism
Exclusive Material Selection
Day One and Two
Introduction
- Learning objectives
- The Netherlands – facts file
- Dutch culture – fundamental concepts and values
- Working practices in the Netherlands
- Structure of hierarchy in Dutch companies
- Working relationships in the Netherlands
- Business practices
- Business Etiquette – Do’s and Don’ts
- Key advantages of The Netherlands
Anti-Money Laundering Regulation in The Netherlands
- Program
- Money Laundering – a worldwide phenomenon
- Money Laundering in and through the Netherlands
- What is money laundering?
- The Netherlands – a money laundering paradise
- Money laundering phases
- Corruption – what is it from the EU perspective?
- Eruption of corruption
- Corruption today – a worldwide phenomenon
- Effects of corruption
- Profits and loss of value because of corruption
- The inception of the Dutch Antimony-laundering Act / phases
- Prevention of money laundering in the EU
- Purpose of the Dutch AML Act
- Subjected Dutch institutions
- Core elements of the Dutch AML Act
- Risk approach in the Dutch AML Act
- Risk management
- Compliance officer
- Auditor
- Education obligation
- Other obligations
- Client screening
- Prohibition of business relation
- Risk assessment
- Types of client screening
- Client identification
- Who is UBO?
- Position of an agent
- Money mules and dummies
- Who is PEP?
- Purpose and nature of the business relation
- Introduction new client
- Monitoring business relation
- Data recording and storage
- Data protection in the framework of the Dutch AML Act
- Transaction reporting in The Netherlands
- Indicators types
- When to report?
- Where to report?
- What data is being reported?
- Reporting indemnification
- Information request Financial Intelligence Unit (FIU)
- Confidentiality
- Supervision
- Enforcement of the Dutch AML Act
- Fines and sanctions and punishment
- Cases and examples
- Relevant websites
Day Three
Dutch Corporate Law
- The legal framework of the Dutch corporate law
- Public and Private Limited Liability Company (B.V. and N.V.)
- Establishing procedure of B.V and N.V.
- Shareholders’ Register
- Articles of Association
- Pre-incorporation transactions
- Shareholders Agreement
- Types and classes of Shares
- Corporate Bodies
- Large Company Regime
- Dutch Partnership Law
- Creating Partnership
- Liability of partners
- Annual Accounts
- Audit requirements
- Position of the Board of Directors, their rights, obligations, and liabilities
- Position of the Supervisory Board, their rights, obligations, and liabilities
- Position of Shareholders, their rights, obligations, and liabilities
- Group Structure and Group Interrelationships
- Conflict of interests
- Right of inquiry and some conflict resolution aspects
- Dutch STAK (special foundation form) and its advantages
- Liquidation procedure of the Dutch B.V.
- Bankruptcy procedure overview of the Dutch company
- Cases and examples
Some relevant changes to the Dutch corporate and tax and substance aspects, corona implications
- Anti-abuse provisions of corporate income tax and dividend withholding tax as of 1 January 2020
- Conditional withholding tax on interest and royalty payments
- Existing and future Dutch tax rulings
- Relationship with bilateral double tax treaties
- Interpretation of the term “beneficial owner”
- What does it mean for you?
Conclusion and course wrap up
Lecturer
This course is taught by Maxim Hodak (LLM., MBA), a Dutch attorney-at-law specializing in corporate and anti-money laundering law.
Course duration and price
This course lasts three consecutive days. A price quote is provided upon request.
