Martijn Kesler

In this article, corporate lawyer Martijn Kesler will discuss the dissolution of a company and the role of the liquidator in more detail, based on a recent ruling on the dissolution of the cooperative.

At what times can a director be held personally liable for debts of a company? In certain cases, a director can be held personally liable, such as in the case of recourse frustration.

Banks have a duty of care to their customers. When terminating a credit relationship, the bank quite often forgets to comply with its duty of care. In this case, the interlocutory relief judge stopped Rabobank in its tracks. Rabobank was also ordered to reimburse the expenses of the injured party. Corporate lawyer Martijn Kesler explains. 

Much has already been written in the media about the procedure that Stefan de Vrij initiated against Sports Entertainment Group (SEG). Today, the Amsterdam court ruled that Sports Entertainment Group is liable for damages to Stefan de Vrij for enriching themselves without honoring their full disclosure obligation to Stefan de Vrij. Corporate law attorney Martijn Kesler explains the verdict.

Things aren’t going well at EV-Box. While EV-Box recently had to cancel an IPO, Engie, as a major shareholder, also intervened in the management and supervisory board at subsidiary EV-Box.

This basic principle changes if the company runs into liquidity problems. In that instance, directors must be careful.

A payment schedule was also attached to the shareholders' agreement, according to which a shareholder loan provided by X was repaid. Deviation from the repayment schedule required approval from X.

The obligations that a franchisee and a franchisor have towards each other may differ in form.

Notwithstanding an (international) arbitration clause agreed between the parties, the preliminary relief judge may consider itself competent to take cognizance of the dispute. This is very remarkable given that the parties have excluded this possibility by arbitration agreement. On the basis of a recent decision of the Amsterdam District Court, procedural lawyer Martijn Kesler explains how this works.