Most of the provisions of the Dutch bill on the management and supervision of legal entities took effect on 1 July 2021. But in June 2021, a royal decree delayed the entry into force of some of the bill's provisions to give more clarity to NVs. The delay centred on the requirement for NVs to include arrangements in their articles of association on supervisory board vacancies and on supervisory directors being unable to act. Due to the lack of a transitional scheme for NVs, this requirement needed to be postponed.

The transitional scheme has now been published: after 1 January 2024, NVs will have to introduce their arrangements for supervisory director vacancies and inability to act provisions the next time they amend their articles of association. If an NV is planning to amend its articles of association before 1 January 2024, we recommend keeping this new requirement in mind during that process.