Court Ruling: Does Majority Shareholding Constitute Financial Intertwinement Without Majority Control Rights?

• The court examined whether there is financial interdependence between the parties.
• Although [stichting] holds 51% of the shares and voting rights, the court found that this alone does not establish financial interdependence.
• Due to a dispute resolution arrangement, [stichting] cannot unilaterally impose its will on [bv] regarding key decisions.
• The arbitration tribunal, not [stichting], has the final say in case of disputes, limiting [stichting]’s control.
• Therefore, the court concluded that there is no financial interdependence as [stichting] lacks majority control over decision-making.

Source: uitspraken.rechtspraak.nl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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