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Convicted fraudsters may be banned from company ownership

Tuesday 27 November 2012

Company executives convicted of corporate fraud could be banned from setting up a new firm or restarting a bankrupt business under draft legislation being prepared by justice minister Ivo Opstelten.

Opstelten wants to introduce the ban using civil law, allowing the public prosecution service or the administrator of a bankrupt firm to apply for the executive to be blacklisted. In addition, the minister is looking at whether the chambers of commerce can set up a register of executives with such a black mark against their name.

The proposals will be put out to consultation with legal experts, employer organisations and the chambers of trade before being presented to parliament, Opstelten said in his briefing.


Opstelten also want to take steps to reduce the number of unnecessary corporate bankruptcies, such as introducing measures to stop creditors who disagree with the curator’s approach from forcing a bankruptcy.

Such moves are necessary because the number of bankruptcies in the Netherlands is running at an all-time high, Opstelten said in the 12-page briefing to MPs.

A good move? Have your say using the comment box below.

© DutchNews.nl


Readers' Comments

we should put them to work in the banks

By jock | 27 November 2012 8:52 AM

If such a person wish to sett (again) a new company he/she will do it anyway, using the name of a relative or business partner.

By alex | 27 November 2012 9:24 AM

A friend was forced into bankrupt by a curator despite that he had funds to pay all his creditors and move on.
Why? the curator can take a very large monthly fee and takes this for months and years until it used-up rather than paying the creditors. Then bankruptcy is then inevitable. Not agreeing with the curator who only fills his own pocket - is not an option.
Not all bankrupts are criminals

By nd | 27 November 2012 9:44 AM

I think The Dutch and other EU countries their should first worry about private information what their give to employees. I know two guys which open the companies between gas, electricity, oil market and customers. But their using the information which their got in the work. It is very very funny. Because the companies like those who produce oil, gas, electricity and things like that the employees should been done sign in the contract, they can use information at least for 4 years for own needs. It why EU got bancrupt, because it worst than prostitute they give any informattion for free.

By knopke | 27 November 2012 11:08 AM

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