The team at Smit Advocaat & Belastingkundige B.V. has extensive experience in the area of transactions. Our team strives for fast and practical participation. Furthermore, our team can inform you promptly about the risks and opportunities of the participation to provide security going into negotiations.

We provide advice and guidance in the following areas:

• shares transactions;
• assets-liabilities transaction;
• private equity;
• joint ventures;
• acquisitions;
• restructuring;
• mergers;
• terminate negotiations/damage claims (pre-contractual goodwill).

Share transactions

Do you want to transfer a company and is your company a B.V.? This can be made possible with share transactions. Through an assets and liabilities transaction shares are transferred in the B.V.

The advantage in a transfer of using share transactions is that it requires less organisation. This is due to the fact that a B.V. is an independent legal entity. The buyer automatically takes on all the rights and obligations in terms of the enterprise.

The buyer in a share transaction

As a buyer it’s important to have a clear picture of the rights and obligations the takeover of shares incorporates, as the buyer is responsible for the B.V. following the transfer. Smit Advocaat en Belastingkundige B.V. can help with this. We carry out the due diligence in this case. Due diligence enables you to ascertain the risks involved in taking on the company.

The seller in share transactions

As the seller in a share transaction it is necessary to consider the responsibility and future corporate tax liability of the B.V. There are exceptions in this case, for example when the seller can prove that they are not the reason that the tax can not be paid. It is, however, of importance to be fully prepared and up to date on the rules and regulations surrounding this.

Avoid liability

Seller of shares should always confide in the fact that research has been done as to the intentions of potential buyers of their shares. Buyers should also ensure that prior to a transfer they are aware of the responsibilities involved in any share transfer. When shares are sold to a buyer that subsequently allows the B.V. to go bankrupt or liquidates the company, this can have consequences for the seller.

Make sure you’re prepared

Would you like an expert to take a look at your share transactions? Smit Advocaat en Belastingkundige B.V. knows exactly what to do. For buyers as well as sellers, we can examine your share transaction and assist you in the process.

Do you want to find out how we can use our knowledge and expertise to assist you or would you like to make an appointment? Not a problem. Feel free to contact us. Use the contact sheet on our website or call: 010 – 30 70 333.

Early input

Our team guides you through the issues and proceedings from start to finish. Good advice at the start of the process gives more security for a positive outcome. Seek timely advice in order to avoid pitfalls or running unnecessary risks.

Conflict mediation

Has it resulted in a conflict? Then don’t hesitate to contact us right away. We will gladly assist you in the proceedings.