Responsible Shareholdership and State Intervention: A Supervisor-Forced Transfer of Shares in a Distressed Financial Undertaking under Future Dutch Law - European Company Law View Responsible Shareholdership and State Intervention: A Supervisor-Forced Transfer of Shares in a Distressed Financial Undertaking under Future Dutch Law by Steef M. Bartman - European Company Law Responsible Shareholdership and State Intervention: A Supervisor-Forced Transfer of Shares in a Distressed Financial Undertaking under Future Dutch Law Steef M. Bartman 8 6

In the Netherlands, following initiatives from several other European countries, plans are being made to allow the executive power, i.e., the Dutch Central Bank and the Minister of Finance respectively, to take preventive action with respect to financial companies that (threaten to) find themselves in irreversible problems: the so-called Intervention Act. The preventive intervention as envisaged may entail the DNB-forced transfer of shares to a third party, or even right down expropriation by the state initiated by the Minister of Finance. This regulation could well be in contravention of article 1 of the First Protocol to the European Convention on Human Rights.

European Company Law