About Sander
Sander has more than 20 years of experience as a lawyer and bankruptcy trustee. After gaining experience at two mid-sized law firms, he co-founded AMS Advocaten N.V. in Amsterdam in 2011 together with three fellow partners. Sander focuses on litigation and advisory work in the fields of insolvency law and corporate law.
Insolvency law
In particular, he is appointed as a trustee or administrator in insolvencies of major companies. In these positions, he has gained extensive experience in insolvency law. As a lawyer Sander is therefore ideally placed to assist clients in (imminent) disputes with trustees regarding, inter alia, directors’ liability and Actio Pauliana’s, or for advice on restarts following bankruptcies.
For instance, Sander successfully represented the global watch brand TW Steel in proceedings against a trustee of a failed distributor and has assisted Indian pharmaceutical company Maneesh Pharmaceuticals in proceedings against a trustee of a subsidiary and has advised on implemented restructurings.
WHOA
Furthermore, Sander assists companies seeking to offer their creditors a composition under the WHOA (Act on the Confirmation of Private Restructuring Plans) with the aim of restructuring their debts. Sander also advises shareholders and creditors who are offered a composition under the WHOA. For example, Sander advised the German shareholders’ association SdK on the WHOA settlement offered by Steinhoff International Holdings N.V., which is one of the largest WHOA proceedings since this law came into force.
Corporate law
Sander has extensive experience in civil litigation of commercial disputes. He also advises clients on shareholder disputes, (employment) reorganisations and non-competition clauses.
In 2022, for example, he represented a shareholder in proceedings that focused on the interpretation of a shareholders’ agreement and the question of whether the shareholder was obliged to have his shares certified, and he successfully represented a franchisor in a dispute with a franchisee who wished to terminate the franchise agreement and was of the opinion that the non-competition clause contained in the agreement was no longer applicable.
Specialist course
Sander successfully completed the post-graduate specialist programme in Insolvency Law at the Grotius Academy. This is the most comprehensive and complete post-graduate training programme in the field of insolvency law in the Netherlands. Furthermore, Sander is a member of the Insolvency Lawyers Association (INSOLAD) and its international branch INSOL Europe.
Track record
Cooling-off period prevented: client able to recover claims
Sander, together with Kelly and Lennard, represented a Danish/American client during a WHOA hearing. The client held claims against a Dutch debtor who attempted to prevent or delay enforcement measures by requesting a cooling-off period. Sander and his team successfully prevented this, enabling the client to more effectively recover the remaining claims.Court approval of Steinhoff WHOA restructuring: €10.4 billion debt restructured
Onno and Sander acted for the German investors’ association SdK (Schutzgemeinschaft der Kapitalanleger e.V.). In the public WHOA proceedings of Steinhoff International Holdings N.V., the Amsterdam District Court approved the restructuring plan on 21 June 2023. The restructuring involved approximately €10.4 billion in debt and ranks among the largest WHOA cases to date.Franchisee liable for breach of non-compete clause and ordered to transfer domain names
Sander successfully represented a franchisor in a dispute with a franchisee. At the request of the franchisor, the franchisee was ordered to compensate damages suffered due to, among other things, breach of a non-compete clause, and to transfer domain names to the franchisor.Former director ordered to cease competing activities; appeal unsuccessful
Acting on behalf of a bankruptcy trustee, Sander successfully took action against a former director who had breached a non-compete clause contained in a shareholders’ agreement after the bankruptcy date. In summary proceedings, the preliminary relief judge ordered the former director to cease his competing activities. The appeal lodged by the former director was dismissed for lack of interest, as Sander successfully argued that the term of the non-compete clause had already expired.Conservatory attachment lifted due to breach of duty of full and truthful disclosure (Article 21 DCCP)
Sander successfully obtained the lifting of a conservatory attachment on bank accounts in summary proceedings, on the ground that the attaching party had acted in breach of its duty of disclosure under Article 21 of the Dutch Code of Civil Procedure by failing to fully and truthfully disclose all relevant facts at the time of the attachment.Assistance to owner of SAPPH fashion brand in licence infringement dispute
Sander assisted the owner of the fashion brand SAPPH in a dispute with a former licensee. The former licensee breached the licence agreement and continued to make unlawful use of the brand after the agreement had been terminated by Sander’s client. In summary proceedings, Sander successfully obtained an order requiring the former licensee and its directors to cease use of the brand and to refrain from making unlawful statements regarding ownership of the brand.Bankruptcy trustee realises sale of BNI assets to maximise returns for creditors
In November 2023, Sander was appointed bankruptcy trustee in the bankruptcy of BN International B.V. Prior to its bankruptcy, BNI was one of the largest wallpaper manufacturers in Europe, generating annual revenue of approximately EUR 64 million and employing 121 employees. In fulfilment of his duty to realise the company’s assets for the benefit of creditors, Sander successfully sold BNI’s land, factory buildings and production lines.Recent blogs
All blogsBig Bazar bankruptcy: implications for landlords, employees and suppliers
Big Bazar was declared bankrupt by the Amsterdam District Court on Tuesday, 26 September, 2023. The Amsterdam District Court appointed two curators who have been in charge of managing and settling the bankruptcy as of 00:00 on 26 September, 2023. Big Bazar’s bankruptcy has implications – many far-reaching – for the parties involved. In this […]
Important changes in employment law as from 1 January 2022
The first month of the new year is almost over, so the time has come to list the most important changes in employment law of 2022. Tax-exempt homeworking allowance From 1 January 2022, employers can give their employees a tax-exempt homeworking allowance of no more than € 2 for each day or part of a […]
The first WHOA decisions are a fact
On 1 January 2021, the Court Confirmation of Extrajudicial Restructuring Plans Act (in the Netherlands: de Wet Homologatie Onderhands Akkoord or WHOA) entered into force. The WHOA makes it possible for a company to impose a binding settlement (so-called compulsory settlement) on its creditors and shareholders in the event of an impending bankruptcy. Conditions include […]
Practice areas register
Sander has registered as principal areas of law in the register of legal areas of the Dutch Bar Association: insolvency law. On the basis of this registration, he is obliged to obtain ten training credits in each registered principal legal area per calendar year, according to the standards of the Dutch Bar Association.