Is there an issue concerning a statutory director? Marxman Advocaten in Amersfoort advises companies, shareholders and directors on the appointment, suspension and dismissal of a statutory director. As the positions under company law and employment law are intertwined, a careful approach is crucial – a mistake can prove costly. Marxman can assist you with, amongst other things: decision-making within the general meeting, the resolution to dismiss, compliance with formal requirements, the associated compensation, and support for the director themselves.

The special position of the statutory director

A statutory director is both a director of the company and (usually) an employee. Upon dismissal, both relationships come to an end – but each is governed by its own set of rules. We ensure that both the dismissal decision under company law and the termination of employment under employment law are correct.

Dismissal of a statutory director

Dismissal takes place by means of a resolution of the general meeting, in accordance with the rules governing the notice of meeting and the right to be heard. If this is not done correctly, the dismissal may be challenged. Marxman prepares the resolution, advises on the compensation and guides the client through the entire process.

Got an issue involving a director?

Please contact Marxman Advocaten in Amersfoort. We advise companies, shareholders and directors. Please get in touch.

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Frequently Asked Questions

By way of a resolution of the general meeting, for which the formal rules must be strictly adhered to. We will prepare this for you.

This is often the case, such as a transition payment and possibly fair compensation. The amount depends on the circumstances; we can advise you on this.

This could compromise the process and lead to increased costs. That is why we assess the process in advance.