Prevent liability and legal proceedings - be sure to identify risks
It’s important for any trading company to have its legal affairs in order. This of course also applies to companies planning to operate in the Netherlands from abroad. In addition, the legal playing field on which companies operate is becoming increasingly complex in the Netherlands. That’s why it’s useful to have a legal expert available who has a good understanding of the above and is able to guide you and your company in this area. Such an expert can also ensure that a civil-law notary or lawyer is engaged in good time.
What does a legal expert do?
Alfa's legal experts can offer advice in all kinds of areas, for example:
- setting up the most suitable legal form and joint ventures
- drawing up the right contract with a customer or supplier
- checking your position in third party contracts
- transfer or purchase of (part of) a company
- purchase or sale of property subject to registration
- lease of property subject to registration
- obtaining security rights (such as pledge) from customers
- reviewing/drawing up contracts relating to financing
- setting up employee participation
Properly dealing with all these matters in advance helps you prevent problems at a later stage. Problems that otherwise would have to be brought before the Court or could lead to liability for a parent company or local management.
However, it is also essential to have things well organized within the group. For example, it’s important to have legal matters in place for all cash flows within your group. If you are then unexpectedly forced to declare bankruptcy on behalf of your company, with its registered office in the Netherlands, you will prevent the Dutch company’s management from being held personally liable. You will also prevent, for example, amounts paid to the (foreign) parent company being claimed back by the trustee.
To obtain clear and accurate insight into all this, Alfa developed a legal scan. This scan measures your organization in the legal field and assesses whether you have adequately organized these matters from a legal point of view. If necessary, the legal expert can also advise you on improving and reorganizing.