Corporate disputes between shareholders can have significant consequences for the governance and continuity of a business. Schelstraete Lawyers represented a shareholder in proceedings before the Enterprise Division of the Amsterdam Court of Appeal concerning a request for an inquiry (enquêteprocedure) into the policy and affairs of a Dutch company.
Shareholder dispute before the Enterprise Division
A shareholder petitioned the Enterprise Division of the Amsterdam Court of Appeal to order an inquiry into the policy and affairs of a Dutch aviation maintenance company. The petitioner argued that there were sufficient grounds to question the company’s governance and the position of our client within the company.
Schelstraete Lawyers represented the respondent shareholder and challenged both the legal basis for the requested inquiry and the allegations put forward by the petitioner.
Following the exchange of submissions, the petitioner withdrew the request. The Enterprise Division subsequently declared the petition inadmissible.
Enterprise Division proceedings under Dutch corporate law
The Enterprise Division has exclusive jurisdiction over inquiry proceedings (enquêteprocedures) under Dutch corporate law. These proceedings are intended to address concerns regarding the governance and affairs of legal entities and, where appropriate, to investigate possible mismanagement.
For shareholders, directors and companies alike, inquiry proceedings can have far-reaching legal and commercial implications. Early strategic advice and effective representation are therefore essential.
Schelstraete Lawyers expertise
Schelstraete Lawyers advises and represents shareholders, directors and companies in complex corporate disputes, including Enterprise Division proceedings, shareholder conflicts and corporate governance matters. Contact us today to see how we can assist you.
Source: ECLI:NL:GHAMS:2020:1225
