Liability & insurance
Bavelaar Advocaten & Rechtsanwälte advises and litigates on the liability of directors, parent companies and businesses, for example in insolvency or under the Dutch anti-abuse legislation. We also act in disputes with insurers and in claims for damages in tort, both before and during proceedings.
When a company can no longer meet its obligations, directors and parent companies are increasingly held personally liable. We tell you exactly what is and is not possible, both before and after the event.
Liability is rarely black and white
Case law on directors’ and group liability depends heavily on the circumstances of each case, which makes it hard for many directors to navigate. Our lawyers (advocaten) have been litigating in liability and insurance law since 1986, and our founder wrote his doctoral thesis on the liability of parent companies. We tell you up front where your case stands.
What is it about?
Knowing in advance where you stand
It is precisely in advance that directors and parent companies can limit many risks, through sound decision-making, an appropriate structure and the right insurance. If a claim has already been made, we assess your position, handle the discussions with the other party and the insurer, and litigate if necessary.
Articles on liability
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Frequently asked questions about liability
In certain cases, yes, for example in the event of mismanagement, bankruptcy or where creditors are knowingly prejudiced. We assess your situation and advise you on how to limit the risk.
That can be the company itself, its shareholders, the parent company, the trustee in bankruptcy or third parties such as creditors. We act on behalf of directors and on behalf of parties bringing claims against a director.
In principle, no, but in special circumstances it can be. Case law on this depends heavily on the facts. We tell you exactly what is and is not possible.
Notify the Dutch Tax and Customs Administration (Belastingdienst) of the inability to pay in good time and in the correct manner. If you do not, you can be held personally liable as a director. If in doubt, contact us straight away.
We review the policy conditions and the grounds for the refusal. A negotiated solution is often possible. If not, we conduct the proceedings or arbitration.
Yes. It is precisely in advance that directors and parent companies can limit many risks. We advise on structure, decision-making and insurance, so that you are well prepared.
Contact Mr. Arnold Stendahl