Company Director Disqualification Rules in the Netherlands and their effect abroad

On July 1 2016 an Act regarding director disqualification entered into force in the Netherlands. The Act was included in the Dutch Bankruptcy Act. The new rules, together with an act revising the law on criminal sanctions for bankruptcy fraud, are aimed at combatting bankruptcy fraud. The disqualification rules try to prevent at an earlier stage fraudulent directors (‘bestuurders’) from continuing their business by simply setting up a new company. Both an insolvency practitioner (‘IP’) (appointed by the court over the insolvent entity) and the public prosecutor may request a civil ban on directorship. 

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