14 May 2025
Directors’ Liability in a Start-up
There are more and more start-ups emerging, some of which unfortunately fail and go bankrupt. But how does directors’ liability apply to start-ups?
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24 March 2025
When doing business with a (new) party, it is always wise to verify whether the company is solvent or possibly bankrupt. But how can you determine if a company has been declared bankrupt or if a bankruptcy petition has been filed?
One of the first steps is to consult the Dutch Chamber of Commerce Trade Register. This register contains all businesses registered in the Netherlands, including their legal status. If a company has been declared bankrupt, this is usually recorded in the Trade Register, although it may take a few days. You can easily search online by the company’s name to check for recent updates to its status.
The Trade Register also contains filed annual accounts. These are public and provide insight into a company’s assets and liabilities. Companies are required to publish their annual accounts each year. If they have not done so, this could be a warning sign, or you may request the documents directly from the company.
All bankruptcies are published in the Central Insolvency Register. Reports from trustees can also be found here. You can search by company name or Chamber of Commerce number to check whether a company has been declared bankrupt.
In addition to official registers, it can also be helpful to follow news articles and reports in financial media. Journalists often report on bankruptcies, especially when larger companies or high-profile businesses are involved. Keeping an eye on local and national news sources can therefore provide valuable information.
Sometimes companies disclose financial difficulties via their social media accounts or on their website. It can be helpful to monitor these channels for announcements or statements made by the company itself.
It is not possible to know whether a company has filed for bankruptcy or whether a bankruptcy procedure is ongoing. This information is confidential and not disclosed by the courts. It is also not possible to attend a bankruptcy hearing to listen to the proceedings, as these hearings are private.
You will therefore have to rely on public registers.
If you have further questions about bankruptcies or other legal matters, feel free to contact us.