Changes caused by the coronavirus (such as supply chain disruption, shareholder disputes, cancellations and rent reductions) has undoubtedly affected your business and future cashflows; potentially leading to financial difficulties. Disputes between shareholders and your co-directors, as a result of the corona measurements, may even stop the growth of your company. As a director, you may find yourself asking:

• if your company can temporarily suspend the performance of its obligations under an agreement?
• if the contract with the supplier or the landlord can be (temporarily) adjusted?
• if you may undertake new obligations on behalf of the company without incurring director’s liability?
• whether your current model contracts and general terms and conditions offer sufficient guarantees in the event of a similar situation in the future?
• what you can do against non-paying debtors?
• how to resolve disputes between shareholders and your co-directors?

Answering these questions can be difficult, especially given the current exceptional circumstances. At times, initiating proceedings can be inevitable, particularly because the interests and objectives of the various stakeholders are not always aligned. Our corporate litigation team can advise you on the best way forward.

The firm’s expertise includes conducting proceedings before the Enterprise Chamber of the Amsterdam Court of Appeal to resolve internal corporate disputes, as well as litigating before the District Court to settle disputes with suppliers and debtors. The corporate litigation team at Vestius has extensive experience in advising national and international companies.

Please feel free to contact one of the litigation lawyers within our corporate litigation team if you are involved in a legal proceeding or a corporate dispute.

Sara Karem  |  Henk Brat  |  Paul Hendriks  | Pieter Verloop