Within an organization, in theory there are several bodies active that keep each other in balance: the executive board, the general meeting of shareholders, the supervisory board and the works council. The situation may arise where the business pursued by the company suffers from the particular conduct of one or more of its bodies.

The right to institute an inquiry aims to make such conduct the subject of an inquiry and to provide a solution to it. A request for such an inquiry must be addressed to the Enterprise Section of the Amsterdam Court of Appeal, and cannot be made by everyone. Under certain conditions, shareholders, holders of depositary receipts for shares, employee associations, natural and artificial persons under the terms of articles of associations or agreements are entitled to do so. Often an inquiry into the management takes too long for those who are suffering under such blameworthy conduct. In order to respond effectively to malpractice in the company, the Enterprise Section may grant a preliminary injunction for the duration of the proceedings.

The right to institute an inquiry is an extremely versatile tool that can lead to practical solutions. It can solve deadlocks within the company. Expert legal assistance is indispensable in inquiry proceedings. It is also important for action to be taken as soon as possible. Practical experience has also shown that in the initial stages or during the inquiry proceedings, solutions may prove to be within reach that previously appeared to be impossible. Expertise, speed and better use of the options demand experience. The specialist lawyers at CMS Derks Star Busmann have precisely this experience and are ready to assist you fast and efficiently.