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Business law
Business law

Personal liability of a director

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Detailed explanation, checklist and sources

Are you being held personally liable as a director? First check who is bringing the claim, for which act and on what legal basis.

General information about Dutch law · Reviewed on · How we work

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Separate the company and the individual

A company debt does not automatically make a director personally liable. The alleged conduct and circumstances must be examined.

Keep the decision-making records

Gather decisions, financial information and correspondence relating to the conduct alleged against you. Note what information was available and how risks were discussed.

Seek specialist help in time

Have someone check why you are being held liable, the date by which you must respond and whether your insurance can help. Do not enter into new obligations or admit liability before you understand the consequences.

Your checklist

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Tick what you have checked or collected. Note what is missing and take your overview to a meeting.

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Notice of liability

This overview follows your own answers. It does not assess your rights or guarantee that your file is complete.

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Your timeline and evidence

List events and contacts. Note where you keep the evidence; no upload is needed.

What goes in my timeline?

Record what happened, when, the response and where to find the letter, message or photo. Mark uncertain dates.

Is my evidence sent?

No. You only note where it is kept. No files are uploaded or sent automatically.

How do I save my timeline?

Your entries are not saved automatically. Choose Save and continue later to store this preparation, including your timeline, in My overview. Wait for confirmation and save new changes again. You can also download a Word file without an account.

Up to 20 events. Choose a different position for an event to change the order.

0 / 3 · Checked or collected

For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.

Describe the solution you would like, such as an explanation of a deduction and repayment of the outstanding amount.

For example: which document is missing, who can provide it and what should I do first?

Record the date and its source. If unknown, note this and check promptly. This tool does not calculate or monitor deadlines.

After your conversation

These are your own notes. Confirm agreements with the other person; these notes do not prove their agreement.

This is your preparation, not a submitted request, objection or legally reviewed document. A tick records only your own progress. Check the procedure and deadline in the original letter.

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  • Notice of liability
  • Board resolutions and finances
  • Insurance terms and conditions

Frequently asked questions

Does bankruptcy automatically mean I have to pay privately?

No. Whether you are personally liable must be assessed separately. Have it investigated exactly what you are alleged to have done and on which legal rules this is based.

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Request help through our chat. We assess which professional fits your question. Review your details before sending. A request is not yet an instruction to provide services.

Sources and further information

Business.gov.nl — directors' liability ↗

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