companies in financial struggle
Studied at the Erasmus University of Rotterdam. Completed a master in Business Law and in jurisprudence, specialization: civil law.
Peter de Graaf focuses on corporate law, with an emphasis on insolvency law. Is regularly appointed by the District Court of Rotterdam as a trustee in bankruptcy’s. Is a source of information for his clients with thorough knowledge, someone who keeps his promises and able to present practical solutions.
The secret of all victory lies in the organization of the non-obvious. (Marcus Aurelius)
His knowledge and experience as a trustee enables him to quickly and effectively advise in cases where the continuity of a company is at stake and difficult decisions have to be made under time pressure. Peter also has the expertise to make an appropriate assessment of how a trustee will look at a matter, something that is highly appreciated by his clients.
In accordance with Article 35b(1) of the Legal Profession Regulations Peter 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.
Empathic, patience and sincere.
A director is liable to make good the deficit in the bankruptcy if the board has manifestly mismanaged the company and it is likely that this was a major cause of the bankruptcy. There is a legal presumption that improper management is a major cause of the bankruptcy if the obligation to file or keep accounts has not been met. The Supreme Court recently issued an interesting ruling on the question of whether the acts or omissions of one or more directors, which in themselves do not constitute improper performance of duties, may be sufficient to negate the statutory presumption. In this article I will discuss the judgment.
For some legal acts, one spouse needs the consent of the other spouse. In the absence of consent, the other spouse may annul the legal act. Under certain circumstances, this also applies to the provision of security deposits.
A very important change in insolvency law is imminent. This change concerns the possibility of a debtor's offering a composition to creditors. In the current situation, there is only an arrangement for the compulsory imposition by the court of an arrangement with creditors in suspension of payments or bankruptcy. In the Bill on the Homologation of Private Agreements (WHOA), the possibility has been included that a compulsory composition without a moratorium or bankruptcy can be concluded. This will drastically change the possibilities for resolving problematic debts. This change is important for debtors, but also for their providers of capital, such as creditors and shareholders.
Legal acts can already be performed on behalf of a private limited company in incorporation. However, caution is required, because the person who has performed the acts on behalf of the B.V. under formation may be personally called upon to fulfil the obligations entered into.
The Supreme Court issued an interesting judgment on the question whether a partner is entitled to compensation from the ex-partner after ending cohabitation without a contract (also referred to as: informal cohabitation).
business and government
commercial property and investment
enterprise and government
business and government
aviation, enterprise and business
enterprise and business, employees