On Thursday 9 November 2017, the Dutch Association for Comparative and International Insolvency Law (NACIIL) will hold its seventh annual meeting in Amsterdam.

The topic of this meeting will be: “Directors liability in the twilight zone“.

Below you will find more information about the program, the members’ meeting and the location. This year’s meeting will be hosted by De Brauw Blackstone Westbroek.


Prof. M. (Mieke) Olaerts – Professor of Comparative and National Company Law at Maastricht University, who is also Vice-Academic Director of The Maastricht Institute for Comparative Law, Governance and Innovation Policies and of counsel at DVDW Advocaten – will act as chairman during this annual meeting.

Prof. M.L. (Loes) Lennarts – Professor of Comparative Corporate Law at the University of Groningen and Professor of Corporate Law at the University of Utrecht (Molengraaff Institute of Private Law) – will deal with the subject from the Dutch perspective.

S. (Stan) Brijs – Partner at NautaDutilh in Brussel and specialized in Banking & Finance, Litigation & Arbitration, Insurance & Liability – will cover the topic from the Belgian perspective.

R. (Rolf) Leithaus – Partner at CMS in Cologne and specialized in Insolvency Law and Restructuring – will deal with the topic from the German perspective.

P.J.M. (Peter) Declercq – Partner at Morrison & Foerster’s in London and specialized in distressed debt and restructuring and insolvency – will deal with the subject from an English perspective.


14:30 – 15:00: Reception

15:00 – 15:10: Opening of the Chair: Introduction to Article 18 of the Directive.

15.10 – 16:00: Introduction by all predecessors: Directors’ liability in the “twilight zone” (preventive restructuring practice) from their own jurisdiction.

16:00 – 16:20: Debat preadviseurs: risico’s bij het aangaan van nieuwe verplichtingen bij een herstructureringen en bij het aantrekken van nieuwe financiering tegen zekerheid

16:20: 16:40: break

16:40 – 17:00: Pre-advisers’ debate: particular risks in selective payments

17.00 – 17:20: Debate pre-advisers: to what extent is there a general obligation for directors to file for bankruptcy themselves? What are the consequences? To what extent are such rules an obstacle?

17:20 – 17:40: Debate pre-advisers: To what extent is there (joint and several) liability for directors for taxes and/or social security premiums payable by the company?

17:40 – 18:00: Conclusion of pre-consultants: problems of implementation of Article 18 in one’s own jurisdiction.

18:00 -18:15: General Members’ Meeting

18:00 – 19:30: Drinks

Agenda General Members’ Meeting

  1. Opening by the chairman;
  2. Announcements by the Board;
  3. Approval of the minutes of the NACIIL General Members’ Meeting 2016 (Download here);
  4. Report of the audit committee;
  5. Approval of the balance sheet and statement of income and expenditure for 2016, and discharge of the management board;
  6. (Re)appointment of audit committee 2017;
  7. Retirement of board members: P.M. Veder (board member and chairman),M.J.E. Geradts (board member), A.M. Verweij.
  8. (Re)appointment of board members: R.J. de Weijs as chairman, J. Berkenbosch (board member), A.J. Berends (board member), N.B Pannevis (board member), Vice-chairman (to be announced);
  9. Any questions;
  10. Closing of the General Members’ Meeting 2017.

Practical information

Date and time:
Thursday 9 November 2017 from 14:30h

De Brauw Blackstone Westbroek

Claude Debussylaan 80

1082 MD Amsterdam


NACIIL-members € 75; non-members € 125. Students and PhD-members (not also lawyers) have free admission to the meeting. The fee includes the draft opinions that will be sent to the participants as PDF files and the digital book that will be published afterwards.


For facility reasons, registration is mandatory. This is possible until 8 November 2017 at the latest. Members can register via Basenet. You will receive a separate invitation for this by email. Non-members and students can register via the email address info@nvrii.nl.

I hope to see you on 9 November!

With kind regards,
on behalf of the board,

Marjon Lok
Board member/Secretary

Wil jij ook lid worden van NVRII?