Private | Director-major shareholder

Director-major shareholder 

Directors and shareholders of big corporations face numerous and intricate questions when undergoing a divorce. Do they have to divide their company, do they have to buy out their spouse – and if so, what would be the overall value of their company?
GMW Advocaten closely works together with a team of financial and fiscal advisors. Together they will make an estimate of your overall situation, scanning possible pre-nuptial agreements or the community of goods, if applicable; the value of your company and the value of good will related to it. They will also assist clients on the optimal valuation method and the best way forward in order to salve guard their interests in the company. The matter of self-evaluation vs calling in an independent evaluator is also something where the experience and expertise of a lawyer can bring great peace of mind.

Pension rights

Pension rights will inevitably be an issue in such a divorce, as many directors-major shareholders accumulate pension rights in house. In principiple, spouses are entitled to half of the pension rights accumulated during the marriage. In 2007 the Supreme Court decided their share of pension rights has to be administered by a pension insurance company, resulting in confusion and practical problems. GMW Advocaten can be instrumental in establishing when, if at all, you will be exempt from administering your spous’ part of the pension rights by a pension insurance company.

Information

For more information on the subject please contact Antoine de Werd.

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