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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If someone has suffered damages caused by someone else, the party who suffered the damages may want compensation.
The person who caused the damages must then first be held liable, whether this is a manufacturer, contractor, driver or other.
In practice, the parties consult a lawyer, solicitor or insurer who approaches the case from a legal standpoint. The party who has suffered the damages provides support for the claim and the party claiming damages may seek legal defence. The parties may start proceedings. This may not always be desirable. The costs could exceed the possible benefits.
GMW lawyers can advise you on the best course of action. We can discuss the possibilities of a settlement as well as examining the opportunities and costs of proceedings.
A good settlement can sometimes deal with a claim for damages quickly and efficiently, ensuring a solution which does justice to the positions of both the parties involved, and if possible, maintains the relationship. Commercial, strategic and practical considerations may also play an important role.
At the same time you need to prepare for legal proceedings. After all, it is not always possible to achieve a settlement. In that case, proceedings are the only solution.
GMW lawyers has experienced, keen and creative lawyers in the field of damages and injury, unlawful acts, breach of contract, class actions and directors’ liability. They will try to reach a settlement or carry out the proceedings on your behalf.
GMW lawyers will be happy to help you with all your company and business litigation issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our company law lawyers will be glad to support and advise you.
GMW lawyers will be happy to help you with all your company law issues and business disputes. Do you have a question? Feel free to contact us.
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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?
Read more
9 April 2025
Understanding a contract
Every entrepreneur benefits from clear and enforceable agreements. But how should you assess a contract in general? Is there a step-by-step approach you can follow? In this blog, we share some tips to help you quickly understand and draft contracts.
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7 April 2025
Security rights in bankruptcy: the right of reclamation
It is common for a supplier to deliver goods to a customer without requiring immediate payment. In doing so, the supplier runs the risk that the customer will not pay or may even be declared bankrupt.
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27 November 2024
Disputing an invoice due to attributable breach
When a debtor believes an invoice is unjustified, they may dispute it. In this article, I will delve into disputing invoices.
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21 October 2024
A boost for businesses!
Recently, the House of Representatives in The Netherlands (de Tweede Kamer) adopted the Bill on Lifting Pledge Bans. With a minor amendment to Article 3:83 of the Dutch Civil Code, this law regulates that it is no longer possible to exclude the pledging of accounts receivable for financing purposes.
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22 August 2024
Foreign parties and litigation costs
In the Netherlands, we have the litigation costs order. If a lawsuit is lost, that party can be ordered to pay the legal costs.
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10 July 2024
Directors’ liability: ‘de facto director’
Dutch companies such as B.V.'s have their own legal personality and independently carry their rights and obligations. Directors can only be held personally liable for the debts of a B.V. under special circumstances.
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9 April 2024
Trust office foundations in the Netherlands
The phenomenon of converting shares into depository receipts for shares will raise many questions for the average entrepreneur. In this blog you will read the basic principles and some advantages and disadvantages of trust office foundations (Stichting Administratiekantoor or STAK) under Dutch law.
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5 March 2024
Buyout of minority shareholders
The advantages, requirements and bottlenecks of the forced buyout of the last 5%, the minority shareholders.
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