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    CMS Expert Guide to restructuring and insolvency law
    2020-09-01

    Restructurings, especially those involving multiple jurisdictions, are invariably complex matters. This CMS Expert Guide provides an overview of the various restructuring possibilities available in a large number of countries, allowing you to compare how the options are deployed in these jurisdictions.

    We intend to update it periodically to reflect important changes as they happen.

    If you need more information or have any questions, please do not hesitate to contact us.

    Filed under:
    Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, China, Colombia, Croatia, Czech Republic, European Union, France, Germany, Global, Hungary, Italy, Luxembourg, Netherlands, Peru, Poland, Portugal, Romania, Serbia, Singapore, Slovakia, Slovenia, Spain, Switzerland, Ukraine, United Arab Emirates, United Kingdom, USA, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Public, Brexit, Due diligence, Coronavirus, Court of Justice of the European Union
    Location:
    Angola, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, China, Colombia, Croatia, Czech Republic, European Union, France, Germany, Global, Hungary, Italy, Kenya, Luxembourg, Netherlands, Peru, Poland, Portugal, Romania, Serbia, Singapore, Slovakia, Slovenia, Spain, Switzerland, Ukraine, United Arab Emirates, United Kingdom, USA
    Dutch directors' liability for bankruptcy deficit only reduced on specified grounds
    2022-12-08

    Background

    Under Dutch law, the directors of a (private) company can be held personally liable by the trustee for the bankruptcy deficit. Liability can arise when the directors have manifestly performed their management duties improperly and if it is reasonable to assume that bankruptcy was declared as a result. Section 2:248(4) of the Dutch Civil Code (DCC) contains a list of grounds for reducing the amount of the directors’ liability.

    Decision

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Ralf van der Pas
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    Dutch directors' liability for bankruptcy deficit only reduced on specified grounds
    2022-12-08

    Background

    Under Dutch law, the directors of a (private) company can be held personally liable by the trustee for the bankruptcy deficit. Liability can arise when the directors have manifestly performed their management duties improperly and if it is reasonable to assume that bankruptcy was declared as a result. Section 2:248(4) of the Dutch Civil Code (DCC) contains a list of grounds for reducing the amount of the directors’ liability.

    Decision

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Ralf van der Pas
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    Dutch directors' liability for bankruptcy deficit only reduced on specified grounds
    2022-12-08

    Background

    Under Dutch law, the directors of a (private) company can be held personally liable by the trustee for the bankruptcy deficit. Liability can arise when the directors have manifestly performed their management duties improperly and if it is reasonable to assume that bankruptcy was declared as a result. Section 2:248(4) of the Dutch Civil Code (DCC) contains a list of grounds for reducing the amount of the directors’ liability.

    Decision

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Ralf van der Pas
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    Dutch directors' liability for bankruptcy deficit only reduced on specified grounds
    2022-12-08

    Background

    Under Dutch law, the directors of a (private) company can be held personally liable by the trustee for the bankruptcy deficit. Liability can arise when the directors have manifestly performed their management duties improperly and if it is reasonable to assume that bankruptcy was declared as a result. Section 2:248(4) of the Dutch Civil Code (DCC) contains a list of grounds for reducing the amount of the directors’ liability.

    Decision

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Ralf van der Pas
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    Dutch directors' liability for bankruptcy deficit only reduced on specified grounds
    2022-12-08

    Background

    Under Dutch law, the directors of a (private) company can be held personally liable by the trustee for the bankruptcy deficit. Liability can arise when the directors have manifestly performed their management duties improperly and if it is reasonable to assume that bankruptcy was declared as a result. Section 2:248(4) of the Dutch Civil Code (DCC) contains a list of grounds for reducing the amount of the directors’ liability.

    Decision

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Ralf van der Pas
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    Dutch directors' liability for bankruptcy deficit only reduced on specified grounds
    2022-12-08

    Background

    Under Dutch law, the directors of a (private) company can be held personally liable by the trustee for the bankruptcy deficit. Liability can arise when the directors have manifestly performed their management duties improperly and if it is reasonable to assume that bankruptcy was declared as a result. Section 2:248(4) of the Dutch Civil Code (DCC) contains a list of grounds for reducing the amount of the directors’ liability.

    Decision

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Ralf van der Pas
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    Dutch directors' liability for bankruptcy deficit only reduced on specified grounds
    2022-12-08

    Background

    Under Dutch law, the directors of a (private) company can be held personally liable by the trustee for the bankruptcy deficit. Liability can arise when the directors have manifestly performed their management duties improperly and if it is reasonable to assume that bankruptcy was declared as a result. Section 2:248(4) of the Dutch Civil Code (DCC) contains a list of grounds for reducing the amount of the directors’ liability.

    Decision

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Ralf van der Pas
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    Dutch directors' liability for bankruptcy deficit only reduced on specified grounds
    2022-12-08

    Background

    Under Dutch law, the directors of a (private) company can be held personally liable by the trustee for the bankruptcy deficit. Liability can arise when the directors have manifestly performed their management duties improperly and if it is reasonable to assume that bankruptcy was declared as a result. Section 2:248(4) of the Dutch Civil Code (DCC) contains a list of grounds for reducing the amount of the directors’ liability.

    Decision

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Ralf van der Pas
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    Dutch directors' liability for bankruptcy deficit only reduced on specified grounds
    2022-12-08

    Background

    Under Dutch law, the directors of a (private) company can be held personally liable by the trustee for the bankruptcy deficit. Liability can arise when the directors have manifestly performed their management duties improperly and if it is reasonable to assume that bankruptcy was declared as a result. Section 2:248(4) of the Dutch Civil Code (DCC) contains a list of grounds for reducing the amount of the directors’ liability.

    Decision

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Ralf van der Pas
    Location:
    Netherlands
    Firm:
    Taylor Wessing

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