I assume this is an entirely independent Chinese company without some Dutch sponsor or something. That conforms to local regulations. But now The Dutch government says "we have this new power over you" and that is that. With the consequence presumably being export control on dutch tech, banning from their market, etc? Or were there any more hooks planted that make it easier to force compliance? For example -- and I assume this is not the case in the Netherlands -- in China there is a 51% ownership of the foreign company by a local company (which is more or less state controlled).
> I assume this is an entirely independent Chinese company without some Dutch sponsor or something.
It's not, it's a Dutch company, formed according to Dutch law, with headquarters in the Netherlands, that was bought by another Chinese company a few years ago.
Dutch law sets rules on how any company, but especially public companies (so-called naamloze vennootschappen) must be governed. Even if you own all the shares, by law you don't have unlimited and unchecked power in the company, you have to abide by governance rules.
Seemingly simultaneously with the government order, a suit was brought to the court enforcing these laws (the Ondernemingskamer) alledging that the CEO and owner were not abiding by them. The court documents are a bit weird to me as a non-lawyer, with Nexperia named as both plaintiff and defendant, so I'm not sure who brought it, but it might've been the government, who are named as a party.
The court agreed that the suit could have merit, and as an interim measure while the legal proceedings play out, has suspended the CEO and named a temporary director. It also suspended the authority of the owners over their shares (except for one), and assigned a trustee to manage them temporarily. The court did not actually rule on the contents of the suit yet, it only issued interim conservatory measures. We'll likely hear more about how the suit plays out over the next few months.
An interesting matter of contention in the suit is that the CEO/owner want the CLO to be suspended, while the other side asks the court to prohibit firing of the CLO. I presume there has been a conflict in the board, either leading to or caused by the government order.
Sounds like the OR (ondernemingsraad) apparently wants to get rid of the CEO for incompetence which is very interesting. It is extremely hard to prove (in a court of law) but a valid reason. I assume they were doing all kind of shady things if they go that route. (Havent read the Court Docs, it is a guess)
OR vs CEO also explains the duplicate entries as they are both representatives of the company.
Nexperia was also spun off to placate Chinese regulators back when Qualcomm wanted to acquire NXP, and then after the spin off the Chinese regulators still refused to approve the acquisition.
And that the two collaborate closely on all kinds of projects, and that NXP (the former owner of the business unit that became Nexperia) and Nexperia (the company that is the focus of this action) are both customers of ASML.
I assume this is an entirely independent Chinese company without some Dutch sponsor or something. That conforms to local regulations. But now The Dutch government says "we have this new power over you" and that is that. With the consequence presumably being export control on dutch tech, banning from their market, etc? Or were there any more hooks planted that make it easier to force compliance? For example -- and I assume this is not the case in the Netherlands -- in China there is a 51% ownership of the foreign company by a local company (which is more or less state controlled).