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Legal form of the company

Starting entrepreneurs will have to consider which form to give to their company. Attention must be paid to the question of which legal form is the most suitable for the company. All kinds of considerations play a role hereby, such as the objectives of the company and the liability risks involved.

Starting a company: which legal form?

A starting entrepreneur often opts for the sole trader legal form or a joint venture without a legal personality, such as for example a general partnership, a limited partnership or partnership. The choice for a starting entrepreneur can also be a legal entity such as a public limited liability company, private limited company, foundation, association, cooperative or mutual benefit association.

Asselbergs & Klinkhamer Advocaten will gladly advise starting entrepreneurs during the process of making a well-considered choice when they start a company. We subsequently assist the process of the formation of the chosen legal form. For example, in case of joint ventures this is the drawing up of a partnership contract. In the event that this form of legal entity is chosen, our lawyers can assist you during the drawing up of the articles of association and the concluding of all possible agreements to arrange the mutual relationships of the persons and bodies involved with the legal entity. This concerns, for example, shareholders’ agreements, management regulations and management agreements.

Takeover, merger and structure adjustment

A company develops during its existence. After some time the question will arise of whether the legal form chosen at the start-up of the company is still suitable. This question can also arise due to changed legislation, such as the implementation of the Flex-B.V and the Management and Supervision (Public and Private Companies) Act. Asselbergs & Klinkhamer Advocaten would be happy to evaluate together with you whether the legal form you chose for your company is still suitable.

The Corporate Law department of Asselbergs & Klinkhamer Advocaten will assist you right from the beginning and up to the completion of events during reorganisation, merger, split-up or conversion into another legal form. Furthermore, if there is the possibility of expansion of the company through takeover, we are the right firm for you. The work undertaken by our practice comprises to a large extent of the provision of assistance during takeovers by means of share transactions, management buyouts and transfers of assets and liabilities. We fulfil an important role in the due diligence inspections to be conducted for this purpose. Naturally, we will also assist you during the negotiations and will draw up the necessary agreements for you.

Dissolution of the legal entity or joint venture

During the existence of the company, the composition of the natural persons and legal entities involved with the company can change. The resignation may take place of one or more shareholders from a private limited company or a partner from a general partnership or partnership. If the company ceases to exist, out of necessity or as a result of a strategic choice, then the Corporate Law department of Asselbergs & Klinkhamer Advocaten assists entrepreneurs and we will supervise the dissolution/liquidation and winding-up of the legal entity or the joint venture. The ‘terminal care’ of the company in the run up to bankruptcy and the possible achievement of a re-launch form part of our daily activities.

If you would like to find out how we can assist you, please do not hesitate to contact us.

Please contact us. 

Corporate Law