An administrator can hold the director of a bankrupt enterprise liable for the remaining debts of the estate in the event of mismanagement. In principle, it is then up to the administrator to prove that the director of this enterprise is seriously personally culpable. However, this burden of proof is reversed in a few special situations. Based on a recent case, bankruptcy lawyer Hidde Reitsma explains these situations.Read more about: Violation of the administration obligation and director’s liability: AMS explains!
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A debtor whose claim has become due and payable to his creditor is authorised to suspend compliance with his commitment – e.g. payment – until the creditor fulfils his claim (art. 6:52 of the Dutch Civil Code). The Supreme Court recently felled the decision in a case about this concerning the sale of shares in a company with the ownership of the building on the Keizersgracht in Amsterdam (previously the public library, now Hotel Andaz). Contracts and corporate law attorney Lennard Noordzij delved into this case.Read more about: Unjustified suspension of payment of shares. What are the consequences?
Lawyers are hired regularly to conduct collections proceedings for their clients. But sometimes, they themselves are the topic of a collections dispute – e.g., because the client hasn’t paid their own invoice. The non-paying client’s defence is often the same: no assignment was given for the work activities and/or too many hours were charged. How does the court assess these claims? Dutch debt-collection law specialist Hidde Reitsma explains on the basis of a recent judgement.Read more about: Prevent collections disputes: record assignments and specify hours!
A brand or trademark can be registered with the European Union’s Bureau for Intellectual Property (EUIPO). The brand-holder then enjoys protection in all member states of the EU in a single go. But the holder of a brand must indeed “maintain” his brand; otherwise his rights may lapse under certain circumstances. In recent summary proceedings, the judge had to assess whether the brand name for a type of hair extension product was indeed still valid. Trademark law attorney Hidde Reitsma explains the defendant’s claim of validity.Read more about: Defence validity in the event of trademark infringement: how does that work?
Contractors often hire external experts to provide specific recommendations and advice. Consider environmental reports with a construction contract, for example, or tax advice during an acquisition. In a recent case in the Netherlands, a law firm hired an external lawyer for advice concerning an appeal to the Supreme Court. However, the client refused to bear the costs of this. According the client, he had given no permission whatsoever for this assignment. Dutch debt collection law specialist Hidde Reitsma explains the issue.Read more about: Contractor hired external advisor without permission?
This Dutch court case concerns a finance company with an undeclared right of lien on a Bentley. The party issuing the pledge did not pay the finance company. Subsequently, the finance company wished to lay its claim on the Bentley pledged to it via an undeclared right of lien. According to the purchaser of the Bentley – the party at whose feet the finance company laid the claim – this approach did not hold water, and he could simply keep the Bentley because he had purchased it in good faith. Dutch insolvency lawyer Hein Hoogendoorn discusses the meaning of an undeclared right of lien in the Netherlands based on this ruling.Read more about: Undeclared right of lien on a Bentley. Good-faith buyer?
A recent decision in a Dutch court thwarted an attempt circumvent the maximum time period for retaining a bankruptcy request. Dutch debt collection lawyer Heleen Ceelen discusses how a request for a declaration of bankruptcy in the Netherlands works on the basis of the ruling.Read more about: Dutch court torpedoes attempt to bypass procedural regulation
In the Netherlands, in the event of a bankruptcy, the court appoints a liquidator. The examining magistrate then supervises the liquidator’s actions. For certain activities, including entering into settlements with parties on whom the estate has a claim, the liquidator also requires permission or authorisation from the examining magistrate. In this case, the examining magistrate denied permission to conclude a settlement. An appeal against this decision was then lodged with the Dutch court. Dutch insolvency lawyer and liquidator Hein Hoogendoorn explains this court case.Read more about: Examining magistrate forbids liquidator to settle. Can this prohibition stand up?