Doing business means taking risks, but preferably not with your private money. Directors’ liability is a hot topic. Know your rights and obligations in advance and choose adequate assistance on time if things threaten to go wrong. The consequences can be extensive.
Entrepreneurship requires vision and commercial insight, but above all the courage to take risks. Entrepreneurial choices can and are allowed to go wrong. But that freedom is not unlimited. Therefore, although not every mistake is punished (not even if the consequences are serious), a director can under certain circumstances be held personally liable. By the company they manage, by a creditor or shareholder of that company or by a receiver in bankruptcy.
Directors are increasingly called to account for their policies. Not keeping the books correctly, not complying with the articles of association, making irresponsible dividend payments and frustrating creditors’ claims: they are all examples of actions that can lead to liability.
Are you a director? Make sure you know where you are at risk and limit the possibility of personal liability. Are you suffering damage as a creditor due to unlawful actions by a director? Let us inform you about your options.
Our lawyers advise and litigate across the entire spectrum of directors’ liability. We provide practical and clear advice to directors, supervisory directors or supervisors who are held accountable for their actions. Both in and outside of bankruptcy. Our years of experience as receivers in bankruptcy often serve us well in this respect. We also assist the parties on the other side: creditors or shareholders who have been wronged by a director and want to see their losses compensated. We expertly assess whether it is appropriate to hold someone liable before we initiate this process with you.