Directors’ and group liability
It often happens that companies fail to meet their obligations and even go bankrupt. In such circumstances, directors can be sued by the partner, its shareholders, the parent company, the trustee and/or third parties, such as creditors. Given our many years of experience in this type of case, we can act in an advisory role and also provide assistance in legal proceedings on behalf of or against directors of public limited companies, private companies, associations, foundations and cooperatives.
These cases often relate to internal directors’ liability (liability towards the legal entity), the Second Abuse Act (inability to pay tax debts, social insurance premiums and/or contributions to the industry pension fund), the Third Abuse Act (liability in the event of bankruptcy) and liability towards unpaid creditors.
The parent company is also regularly sued for the debts of its subsidiary. The extensive jurisprudence on the breakthrough of liability has a strong casuistic character and is therefore confusing for many directors of companies and parent companies. However, Bavelaar Advocaten can assist you in telling you exactly what is and what is not possible.