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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Every entrepreneur is familiar with the problem of a client who fails to pay, despite promising to do so. GMW lawyers has a specialised debt collection department. First, we can advise you about taking preventive measures with the aim of reducing the number of outstanding accounts. This can be done by drawing up good General Conditions and setting up an effective debtors policy. We can also take measures to collect the bills on your behalf, if your own reminders have not resulted in payment.
First, we send the debtor a letter urging them to pay the bill. If payment is not made within the period indicated, we can send the debtor a summons.
In general, legal proceedings are brought before the court. If your claim is not disputed or not properly disputed by the debtor, it is possible to start preliminary relief proceedings.
In order to safeguard your rights, it is possible to seize a salary, business inventory, real estate, etc. before the legal proceedings. In the case of these so-called pre-judgment attachments, the judge in the preliminary relief proceedings must first be asked for permission with a petition. We can formulate these requests for you and supervise the subsequent attachments.
Another common method of collection is an application for bankruptcy. We can apply for the bankruptcy of your debtor on your behalf if the latter has multiple creditors. No debtor likes to go bankrupt and the payment of your bill will follow very quickly.
Our experience has also shown that the above-mentioned measures are effective in most cases.
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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