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Publication date: 2 November 2026 · Decision date: 22 October 2026
Summary
The Enterprise Chamber orders an inquiry into Family Care Almere Overgooi B.V. following serious shortcomings in corporate governance, recordkeeping and financial accountability.
Facts
Shareholder meetings were rarely held, financial statements were missing, required governance bodies were absent, and substantial payments and cash withdrawals remained inadequately explained.
Procedural history
The court delivered an oral ruling at the hearing on 22 October 2026, addressing the inquiry petition and requested interim measures.
Legal question
Were there well-founded reasons to doubt proper management, and did the company’s condition require immediate intervention?
Decision
The court orders an inquiry into management from 28 December 2021 and an interim director with a casting vote and independent representative powers. Designation of the investigator is provisionally deferred.
Reasoning and cited paragraphs
Part 1 of the oral reasons addresses missing accounts, authority concerns, payments, cash withdrawals and the bookkeeping duty under Article 2:10 of the Dutch Civil Code. Parts 2–6 explain the inquiry, interim directorship and deferred investigator appointment.
Legal significance
The case shows how financial, governance and regulatory reporting deficiencies can collectively justify an inquiry and immediate management intervention.