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Corporate liability

If a company has regressed into a position where it is no longer able to satisfy its creditors financially, the directors of that company run the risk of being held liable by their fellow directors, by the receiver (in bankruptcy) and/or by the company’s creditors. Thanks to our experience in dealing with these cases, we can offer expert legal advice in this area and can assist in conducting litigation on behalf of, or against, directors of Dutch public limited liability companies (NVs), Dutch private limited liability companies (BVs), societies (verenigingen), foundations (stichtingen) and cooperative societies (coöperaties). These cases commonly deal with internal directors’ liability (liability towards the company), liability in bankruptcy, and/or liability towards unsatisfied creditors of the company. Directors’ liability may be invoked if a company is not able to pay off its tax debts, social security contributions and/or industry-level pension fund contributions.