Justin de Vries
Specialised in :
Companies in financial distress, Enterprise and business and Mergers and aquisitions.
Call Justin at:
+31 (0)10 209 27 77 or +31 (0)6 14 31 13 12
Education
Business Law, Erasmus University Rotterdam (2015).
Grotius specialization program in Company and Business Law (2021).
Lawyer At LVH
Since 2016.
Position and facts
Justin is a senior lawyer and trustee and is active in corporate law and bankruptcy law.
Examples of cases:
- Company acquisitions,
- Shareholder disputes, conflicts between management and shareholders;
- Advising on matters under Book 2 of the Dutch Civil Code, such as conflicts of interest, decision-making and representation, the issue of shares (including in the context of employee participation), certificates and non-voting shares, and (for example) directors’ liability;
- Corporate litigation: litigation on corporate law matters, such as suspension or dismissal of a director, temporary appointment of a director/supervisory director, earn-out conflicts, position of minority shareholders;
- Dissolution and liquidation (and reopening);
- Shareholder and voting agreements;
- Assisting directors in legal proceedings against a receiver, for example in connection with directors’ liability (such as under Articles 2:248, 2:9, and 6:162 of the Dutch Civil Code) or in connection with matters such as fraudulent conveyance, set-off, or selective payment;
- Advising directors of companies in financial difficulty, such as in the run-up to bankruptcy.
Registration of legal areas
In accordance with Article 35b(1) of the Legal Profession Regulations Justin has registered the following legal areas in the register of legal areas of the Netherlands Bar: business law and insolvency law. According to the standards of the Netherlands Bar the registration obliges him to obtain ten training credits per year in each of the registered legal areas.
Memberships / extracurricular activities
- Member of INSOLAD;
- Member of the Hooge Rotterdamsche Business Club.
Articles
The statutory regulation of conflicting interests in a B.V. (and the foundation and association)
Since 2013, the private limited liability company has a statutory regulation with Article 2:239 (6) of the Dutch Civil Code for the situation where one or more directors have a direct or indirect personal interest that conflicts with the interest of the company and its affiliated business.
Directors and officers liability towards third parties: The Beklamel-Standard
The corona crisis can cause difficulties for your company. It may not be able to supply all its customers with products, pay all its suppliers on time or otherwise fail to meet its obligations towards its contracting parties and other third parties.
The shareholders’ agreement: what if agreements are not kept?
In my previous contributions "A shareholder agreement to make your startup investor-proof" and "The shareholder agreement: some practical tips" I already wrote about the usefulness and necessity of the shareholder agreement. In order to avoid conflicts with, for example, future investors, it is wise to make good agreements about the cooperation. Not only agreements about the positive aspects of the cooperation, but above all agreements about what should happen if the cooperation does not go as expected.
