16 Jul 2019 Book review by Guus Kemperink in Ondernemingsrecht (Dutch defence foundations)

The authoritative Dutch legal journal Ondernemingsrecht published a book review by Guus Kemperink in relation to the 709 pages PhD thesis of R.A.F. (Robrecht) Timmermans on the protection of Dutch listed companies through the issuance of preference shares to a Dutch defence foundation (beschermingsstichting).

This thesis has resulted in a standard reference work on defence foundations and is highly praised in Guus Kemperink’s review. Still, Guus makes comments on Timmermans’ views on the scope of duties and responsibilities of the board of a defence foundation. In short, Timmermans takes the position that the board of a defence foundation may take action whenever the board believes that the interests of the company are at stake. In his book review, Guus sets out that such a broad interpretation would interfere with the statutory duties and responsibilities of the management board and the supervisory board of the company.

To read the full book review (pdf)