As a company director, you face complex decisions in an increasingly demanding playing field. The lawyers at Guldemond Advocaten have years of experience advising directors on their legal position and liability risks. We offer both preventive advice and assistance when a liability claim arises.

Preventive advice and protection

The best defence against directors’ liability is prevention. We see in practice that many problems can be avoided by timely advice and good documentation of decision-making. We proactively advise directors on:

The design of decision-making processes
A careful decision-making process is essential. We help you set up procedures that ensure sound reasoning for important decisions. By properly recording considerations and risk trade-offs, you are stronger in any subsequent discussions.

Administrative obligations
One of the main risks for directors lies in non-compliance with administrative obligations. We make sure you know exactly what you need to comply with and how to organise it practically.

Wij zorgen ervoor dat je precies weet waar je aan moet voldoen en hoe je dit praktisch kunt organiseren.

When a company gets into dire straits, the risks for directors increase.Extra attention is needed in certain situations:

Financial problems
When a company gets into dire straits, the risks for directors increase. We advise on:

• Spotting financial problems in time
• Selective payment and recoverable transactions
• Obligations towards creditors
• Notification of inability to pay to tax authorities
• Timely application for suspension of payments or bankruptcy

 

Acquisition and sales processes
When selling or acquiring a company, directors have a special responsibility. We assist you with:

• Due diligence-processen
• Providing information to buyers
• Warranties and indemnities
• Transaction documentation

 

Liability and defence

Are you facing a liability claim? We assist you with:

Direct analysis and action
We immediately assess the legal position and determine the best strategy. Quick action is often needed to protect your position.

Negotiations
Where possible, we seek practical solutions outside the courtroom. We have extensive experience in negotiating settlements that do justice to all the interests involved.

Procedures
If litigation is inevitable, we provide a strong defence. We have extensive experience with:

• Procedures at the Enterprise Chamber
• Civil liability proceedings
• Defence against trustees
• Administrative proceedings

 

D&O insurance

Good directors’ liability insurance is essential. We advise on:

• Coverage and conditions
• Notifications to insurers
• Claims handling
• Run-out periods

 

International aspects

There are additional concerns for directors of international companies:

• Different legal systems
• Foreign liability risks
• International governance standards
• Compliance with foreign regulations

 

Personal guidance

We understand that directors’ liability often has a big impact, both business and personal. One of our partners is always directly involved and available for consultation. We provide:

• Direct accessibility
• Clear communication
• Practical advice
• Strategic guidance

 

Preventive legal check

We offer directors a preventive legal check in which we:

• Analysing your current position
• Mapping risks
• Identify practical areas for improvement
• Making concrete recommendations

 

Contact

If you have any questions about directors’ liability, contact Guldemond Advocaten.