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Blog for "director liability"
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Blog 52
- Dutch procedural law 18 March 2022 4 min
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…
- Insolvency law in The Netherlands 3 August 2020 3 min
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…
- Corporate law in The Netherlands 3 September 2018 3 min
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…
- Corporate law in The Netherlands 27 August 2018 3 min
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…
- Corporate law in The Netherlands 4 July 2018 3 min
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:…
- Insolvency law in The Netherlands 12 July 2017 3 min
Violation of the administration obligation and director’s liability: AMS explains!
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…
- Debt collection in The Netherlands 1 April 2016 3 min
Directors’ liability for unpaid bills?
…debtor goes into administration? Can a creditor hold the director personally liable if he knew in advance that the bills bankrupt company was never going to be able to pay the…
- Corporate law in The Netherlands 24 September 2015 4 min
Liability of director versus shareholder: this is how it works!
A director who also holds all the shares of a Dutch company, wears two different hats under corporate law: that of shareholder and that of director. This difference plays a part,…
- Corporate law in The Netherlands 27 June 2015 2 min
Directors’ liability under Dutch corporate law
…special circumstances you can also hold the managing director liable for default of the company. Dutch lawyer Marco Guit, specialized in corporate law, discusses recent case law in…
- Insolvency law in The Netherlands 14 May 2014 3 min
Directors’ and officers’ liability in bankruptcy due to breach of accounting obligation
When a private company goes bankrupt, the directors and officers can be held liable for all debts of the bankruptcy. This applies in cases of improper management. The trustee shall…