The lawyers with Dutch law firm AMS in Amsterdam have a wide experience in advising and litigating in Dutch corporate law. Our lawyers are both advisors and litigators in all corporate matters, such as directors’ liability. If the managing director or the board of management incur debts that they know cannot be paid, or take so much money from the BV that debtors can no longer be paid, the managing director himself can be (personally) held liable for those debts.
Furthermore, our team of Dutch corporate lawyers act in all kind of shareholders’ disputes. A shareholders’ dispute often not only has a huge impact on the shareholders involved, but also on the company and its business operations. So, a great deal is at stake. If a BV has more than one shareholder, usually the agreements between the shareholders are recorded in a shareholders’ agreement.
Under Dutch law, there are three different but closely linked procedures for the buy-out of a shareholder. Firstly, the buy-out procedure for the benefit of a shareholder who seeks to be bought out. Secondly the squeeze-out procedure for the use by other shareholders who want to buy out a shareholder and lastly, the squeeze-out procedure for the benefit of a 95% shareholder who wants to buy-out the last remaining minority shareholders.
If the managing director or the board of management incur debts that they know cannot be paid, or take so much money from the BV that debtors can no longer be paid, the managing director himself can be (personally) held liable for those debts.
The corporate law principle is that each director can at all times be suspended or dismissed by the party entitled to appoint him. However, the managing director of a company often also has an employment relationship to the company. Our corporate lawyers furthermore have an extensive experience with matters regarding the dismissal of a director.
To prevent is better than to cure. Our corporate lawyers can help you to draw up all necessary corporate documentation, such as shareholders’ agreement or articles of association, customized to your needs.
Law firm AMS is based in Amsterdam, The Netherlands. Our corporate lawyers have gained a broad experience in advising and litigating for (international) companies and individuals. The attorneys are highly involved with their client’s interests and offer a sharp and transparent fee structure. Should you require more information on summary proceedings, or should you have any question with respect to litigation in The Netherlands, please feel free to contact our law firm.