Director Liability
A director of a company is in principle protected by the legal entity: the debts of the BV are not automatically his personal debts. But there are situations in which a director can be held personally liable both towards the company itself and towards third parties.
As a corporate law lawyer, we advise and assist both directors who are being held liable and parties who wish to hold a director liable.
Internal liability
Liability of the director towards the company itself. Applies in cases of mismanagement where the director can be seriously blamed.
External liability
Liability towards third parties (creditors, counterparties). Particularly relevant in insolvency or failure to meet obligations to third parties.
When do you need legal assistance?
Serious reproach as the standard
The threshold for director liability is deliberately set high. A director is only liable if a serious reproach can be made against them. This is a strict standard but once that threshold has been crossed, the director can be held personally liable for the full damages. Early legal advice is essential.
Mr. Vincent Besters
Lawyer for Entrepreneurs · Amsterdam
"In director liability cases, we assist both directors facing claims and parties seeking to hold a director liable. Our focus: strong legal defence or substantiated claims."
Liability assessment
Evaluation of whether a serious reproach can be made.
Director defence
Forceful defence against liability claims.
Liability claims
Strong formulation and substantiation of claims.
Insolvency law
Advice and guidance in trustee proceedings.
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Frequently asked questions about director liability
Need advice on director liability?
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