Directors' Liability
Personal liability can arise sooner than you think
As a director, you may assume you are protected because you act on behalf of a legal entity. In practice, you can still be held personally liable, for example in situations involving financial difficulties or negligent conduct. The impact can be significant, both financially and in terms of reputation. You need to understand where your risks lie and how to manage them.
From business risk to personal risk
If the board you are part of fails to perform its duties properly, you may face serious personal liability. Directors’ liability often arises in high-pressure situations, such as restructuring, impending insolvency or disappointing results.
This may involve entering into obligations that cannot be met, inadequate record-keeping or incorrect financial statements. The company itself may hold you liable, but insolvency practitioners or creditors may also bring claims against you.
We help you stay in control and act decisively when needed
Are you facing liability risks or a claim? We help you assess your position and choose the right strategy. We advise directors and supervisory board members on their position and risks, and support them in the event of actual or anticipated liability claims.
Where possible, we aim for a settlement out of court. Where necessary, we act decisively in litigation. Always with a strategy that is legally robust and works in practice.
Our expertise
- Risks for directors and supervisory board members during restructuring
- Liability in situations involving financial distress
- Liability of management boards and supervisory boards
- Prejudice to creditors, including fraudulent conveyance
- Mismanagement and inadequate record-keeping
- Incorrect or late publication of annual accounts
Who we work for
We work for directors, supervisory board members, companies, shareholders, creditors and insolvency practitioners.