Legal Advice on Liability after Closure of a BV

Questioner

I had a BV from 1 Jan 2008 to 21 Dec 2010. The BV was voluntarily closed without profit, so did not go bankrupt. In December 2010, I was held personally liable by a client for error (incorrect information provided according to the client), and was finally recently convicted personally by the court. How is it possible that I did not enjoy protection from my BV and why did the client address me personally and not the BV. This was actually not discussed at all in the court case. The question is, does Appel still have any point in trying to shift the liability to the BV?

Lawyer

I would definitely file an appeal. The BV has been terminated (dissolved) and deregistered from the Trade Register. If a customer reports with a complaint/claim, this means that the liquidation of the BV may have to be reopened, but not that you would be personally liable.

Lawyer

Please note that you do not let the appeal period expire. In case of doubt, I summon someone in the long term. Then no court fee is due and there is still time to negotiate or withdraw the case if it would still be hopeless after examination. As for liability. If you can be blamed: unlawful conduct/fraud or something like that, the BV does not protect, because you can then be blamed personally. If both parties have assumed an incorrect representation of the facts, that is not quickly the case and then you claim that you were not a party in private and that the wrong party has therefore been summoned.