ondernemingskamer

The Ondernemingskamer, often translated as the Enterprise Chamber, is a specialized division within the Amsterdam Court of Appeal in the Netherlands. Its primary function is to handle disputes concerning company law. This includes a range of matters such as inquiries into the affairs of a company, the dismissal of directors and supervisory board members, and the annulment of resolutions.

The Ondernemingskamer plays a crucial role in corporate governance in the Netherlands. It can initiate an investigation, known as an "onderzoek," into the policy and general conduct of a company's management and supervisory bodies if there are well-founded reasons to suspect mismanagement. If such an investigation reveals mismanagement, the Ondernemingskamer has the power to impose various remedies. These can include suspending or dismissing board members, appointing provisional directors, or even dissolving the company in extreme cases.

The proceedings before the Ondernemingskamer are unique. While they are judicial in nature, they often involve a more inquisitorial approach compared to typical civil litigation, with the court taking a more active role in gathering facts. Both shareholders and management can initiate proceedings, making it a significant forum for resolving internal corporate conflicts and ensuring accountability. The decisions of the Ondernemingskamer can have profound implications for the direction and management of Dutch companies.