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Directors’ and officers’ liability in insolvency law

Directors’ liability

Liability

Liability of foundation board members

Directors’ and officers’ liability for tax and pension debts

…an enterprise is in a situation of inability to pay, a director must report this to the pension fund and the Tax and Customs Administration. Procurator general Assink concluded in…

Directors’ and officers’ liability for a creditor’s claim in case of unjust expedited liquidation

If there are no more assets (revenue) present in the event of the dissolution of a company, this will immediately cease to exist. It is usual for a dissolved company to remain in…

Directors’ and officers’ liability after a company is wound up in the Netherlands

The winding up of a company generally means the discontinuation of the legal entity. Although this is a nuisance for the unpaid creditors of the wound-up company, it does not…

What about evading directors’ and officers’ liability on grounds for exculpation in the Netherlands?

In the Netherlands, the directors of a legal entity who do not perform their management duties properly may be held personally liable for the damage resulting from such…

Does a board’s mismanagement in the Netherlands automatically constitute directors’ and officers’ liability?

…a company, can this automatically be attributed to a director? The Dutch Corporate Law Lawyer Hidde Reitsma discusses a judgement in which this matter was raised. Mismanagement:…

Directors’ liability and officers’ liability

In the Netherlands directors’ liability refers to the wider liability of a director of a legal person towards creditors or other parties involved in the legal person. In the Dutch…

Discharge from liability

For directors of a Dutch company it is important to be discharged by the company (or the authorised body within the legal person) from liability. Discharge is given in regards to…

Collective liability

In the Netherlands collective liability (or: collective responsibilities) often refers to the joint and several liability of directors for the joint (mis)management of the company.…

Requirement to keep records

…keep records is also very important in the context of directors’ and officers’ liability in bankruptcy. Under Sections 2:138 and 2:248 of the Civil Code, non-compliance with the…

Director liability claim dismissed (In our track record)

Marleen and Willem represented a director who was held personally liable by the landlord of the BV she managed. The BV intended to operate a lunchroom, but when it became clear…

Director liability: former director held liable for damages (In our track record)

Onno successfully represented a company in a dispute with a former co-shareholder/director who was held liable by the court for damages resulting from mismanagement.

Director liability at housing corporation: successful claim and settlement (In our track record)

…sector around 2015, Nienke successfully held a former director liable on behalf of a major housing corporation. After a successful appeal as well, the corporation reached a…