An entrepreneur gets confronted with various kinds of risks. For example, in case of bankruptcy, private property belonging to you (the entrepreneur) can and eventually will be addressed. A suitable legal form for your company can significantly limit these risks.
The most common business companies in the Netherlands are the sole proprietorship, the limited partnership, the partnership, the private company and the public limited liability company.
To reduce the risk of personal liability, entrepreneurs (increasingly) choose for a private company (BV) as a legal form. To prevent abuse, the Dutch government drafted several laws and guidelines on bankruptcy, such as article 2:248 of the Dutch Civil Code. In this article, it is mentioned that during a bankruptcy the directors can still be held liable for the company's actions if they improperly or negligently performed their duty. In addition, the directors always need a correct and solid administration. The directors can also be held liable when contracts and agreements are being signed while knowing not the achieve the requirements for that contract. Even when you have a private company, there is no such thing as being inviolable.
As we can see, the Dutch enterprise law is a complex subject with various legal issues, such as issues regarding the structure of an organization or staff relations. Nonetheless, entrepreneurs usually try to solve legal issues by themselves. This is also a possibility, of course, but this often appears to be a time and energy intensive method and it can have drastic consequences if mistakes are being made. A lawyer from Hamilton knows the law, tells you exactly where it comes down to and what your best course of action would be. Hamilton takes care of all your legal matters regarding your company and business.
- Founding and establishing companies
- Drafting and changing articles of association / statutes
- Reorganizing or restructuring your business
- Legal consult during mergers, acquisitions and property sales
- Compiling and evaluating contracts with the corresponding terms and conditions
- Assessing your liability and improving your legal position
- Legal assistance with rental company properties
- Assisting and developing company publications for the Chamber of Commerce