Dissolve a BV without the cooperation of partners?
Questioner
I am in a BV with two partners. All three of us have agreed to dissolve the BV. This requires, among other things, sending signed minutes with wet signatures to the Chamber of Commerce. However, my two partners are not cooperating by not forwarding the minutes (which already have my signature) to the Chamber of Commerce. I have tried in vain several times to persuade my partners to forward the minutes. At the moment, they both seem to be ignoring my messages. What are my options?Lawyer
Forcing your partners to dissolve the Private Limited Company (BV) can be complex and depends largely on the BV's articles of association, the shareholders' agreement and the relationships between the partners. If a shareholder/partner wants to terminate the BV, there are generally several options: 1. Reach an agreement: The easiest and most harmonious path is to reach an agreement on the dissolution with the other partners. It may help to involve an independent mediator, such as a lawyer or mediator. 2. Selling your share: If the other partners do not want to dissolve the BV, you can sell your share in the BV. The price and conditions are negotiated between you and the buyer. This is of course only possible if there is interest in your share. 3. Withdrawal: In some cases you can ask the judge to order your withdrawal from the BV. This means that the BV or the other partners must buy your share. You must have a very weighty reason for this. 4. Dissolution via the court: In certain circumstances you can ask the court yourself to dissolve the BV. However, this requires that there is mismanagement, an impasse between shareholders or other very serious problems. The above options should be carefully considered and it is advisable to seek legal assistance to determine the right route and to ensure that all legal requirements are met. Your specific situation, such as the detailed terms of the BV and your relationship with the other partners, will play an important role in this.Neem de volgende stap
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