The liability towards the company is a collective liability - it applies to all company directors regardless of whether each individual took part in the improper act or omissionMore and more frequently, very able and competent supervisory directors in the Netherlands are asking themselves whether they still wish to be a supervisory director. But, the real question is, can company directors in the Netherlands, whether managing or supervisory, be held personally liable for mismanagement?

The reason for the growing interest in this subject is a combination of circumstances. Recent corporate events in the US and the globalisation of the financial markets has meant that interest in the principle of shareholders’ value has increased, signalling a move away from the traditional Dutch focus on stakeholders’ value. Simultaneously, the business environment has been confronted with a dramatic fall of share prices. The combination of these factors has attracted more attention to (mis)management by company directors.