QUASI DIRECTORS UNDER DUTCH AND DUTCH CARIBBEAN LAW

The topic of my dissertation I am regularly asked by English speaking people what my PhD-dissertation is about. As part of my PhD, I researched the liability of persons who have not been appointed as director according to Book 2 of the Civil Code and the articles of association (formal, also de iure, directors) of… Continue reading QUASI DIRECTORS UNDER DUTCH AND DUTCH CARIBBEAN LAW

QUASI DIRECTOR OR JUST THE BOSS?

This depends on the facts If a legal entity (an NV or BV comes to mind) becomes bankrupt, any director (according to its Articles) becomes jointly and severally liable for the deficit of the bankrupt’s estate if it is apparent that there has been improper management and it is plausible that this was a major… Continue reading QUASI DIRECTOR OR JUST THE BOSS?

INSOLVENCY AND LIABILITY

Not (or late) filing for bankruptcy In Curaçao, there is no statutory obligation for managing directors of a company to file for the bankruptcy of the corporation. Therefore, managing directors are not responsible to the creditors for damages sustained by them as a result of any ‘late’ filing for bankruptcy. There is no such obligation… Continue reading INSOLVENCY AND LIABILITY