Posted on: 10-04-2020

Dutch Enterprise Chamber

Written by:

Marcel van den Ende

What is the Dutch Enterprise Chamber?

The Enterprise Chamber is a chamber of the Amsterdam Court of Appeal that specializes in corporate law. The Enterprise Chamber is exclusively authorized in specific corporate law and social or financial economic oriented matters described by law. The Enterprise Chamber plays an important role in resolving shareholder conflicts.

Dutch Enterprise Chamber

Inquiry procedure: What can the Enterprise Chamber decide?

The Enterprise Chamber can take temporary far-reaching measures, such as the dismissal and appointment of (temporary) directors and supervisory directors. The Enterprise Chamber may temporarily deprive a shareholder of part of the rights attached to the shares. These are just some examples.

What is the purpose of the inquiry procedure?

The inquiry procedure serves, among other things, to remediate and restore healthy relationships within the company and to achieve openness. The Enterprise Chamber can intervene in companies if there are well-founded reasons to doubt a correct policy or course of action.

What are good reasons to doubt the right policy?

Well-founded reasons are facts and circumstances that together represent a considerable chance that further investigation reveals incorrect policy. Case law shows that this is the case, for example, when a director falsifies minutes or the board withholds relevant information.

How does the inquiry procedure at the Enterprise Chamber work?

The inquiry procedure at the Enterprise Chamber can be divided into a so-called first phase and a second phase. In the first phase, a decision is made on the request to initiate an investigation and immediate measures can be taken for the duration of the procedure. In the second phase, it is assessed whether or not the investigation shows maladministration.

Your lawyer Enterprise Chamber

Would you like to know more about breaking an impasse within a company? Then you need a lawyer with knowledge of corporate litigation and who knows how to succesfully use the enquiry procedure before the Dutch Enterprise Chamber? Consult us. Minerva Advocaten's lawyers think in solutions. Ask us today without obligation what we can do for you in your case. We are happy to help you. It is not without reason that our motto is: "Your problem, our concern."

More information?

Marcel van den Ende will gladly help you further.

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