Problems in the company
All kinds of problems can arise during the existence of the company, such as disputes between the bodies of the company or between partners in a partnership. Directors' and officers' liability may also arise due to a director having improperly managed or been guilty of maladministration. Asselbergs & Klinkhamer Advocaten has a wealth of in-house expertise and experience in the field of directors' and officers' liability and the problems which may occur in a company.
Many problems can be prevented by recording regulations and agreements in consultation with our lawyers regarding issues such as relationships and the manner in which disputes are to be dealt with. Nevertheless, disputes can still arise within (the bodies of) legal entities and joint ventures. For example, shareholders' disputes and deadlock situations, management disputes and disputes between associates and partners.
The Corporate Law department of Asselbergs & Klinkhamer Advocaten usually tries to resolve these kinds of situations through mutual consultation, but we do not shy away from using the courts if this is necessary. That is why we regularly apply to the Enterprise Division in order to force a breakthrough with inquiry proceedings, as minority shareholders should not always have to suffer in silence when the policy of the company develops. They can take actual focused action if they cannot agree with this policy.
Directors' and officers' liability
The Corporate Law department of Asselbergs & Klinkhamer Advocaten has specialised expertise in the field of directors' and officers' liability. The directors of legal entities have in principle a large amount of administrative freedom and are protected by raised liability thresholds. Nevertheless, they can still encounter claims for compensation on the basis of directors' and officers' liability.
The legal entity itself - or the bankruptcy trustee in the event of bankruptcy - may have the right to compensation if there is mismanagement or maladministration on the part of director. There must in that case be sufficient serious personal blame attributed to the director.
Creditors of the legal entity cannot always recover their claim from the legal entity, for example in bankruptcy situations. However, under certain circumstances they can successfully challenge a director on the basis of an unlawful act. In that case there must also be a sufficiently serious culpable act on the part of the director. This can, for example, be the case if the legal entity still entered into agreements whilst the director knew, or ought to have understood, that the legal entity would not be able to fulfil these and would not be able to compensate the loss. There can also be directors' and officers' liability in cases in which the director decides just before the bankruptcy date to only pay specific creditors or indeed to leave specific creditors unpaid, in which case selective (non) payment has taken place.
The Corporate Law department has a wealth of experience in conducting legal proceedings with regard to directors' and officers' liability.
Asselbergs & Klinkhamer Advocaten acts in such situations for disadvantaged parties (the company itself or creditors of the company) as well as for directors who are called to account on the basis of directors' and officers' liability.
Please contact us for further information regarding how we can assist you. We would be happy to provide you with information.
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