Beklamel-norm
Beklamel norm
The Beklamel norm is the standard established in case law for the personal liability of directors in respect of the assumption of obligations on behalf of a company that is unable to meet its obligations.
The Beklamel norm derives from the Supreme Court judgment of 6 October 1989 (NJ 1990/286) and sets out the circumstances in which a director may be held personally liable, alongside the company, for loss suffered by a counterparty as a result of the company’s failure to perform an obligation.
Under the norm, a director is liable if, at the time the obligation was incurred, he knew or ought reasonably to have known that the company would be unable to meet its obligations and would provide no recourse for the counterparty.
The norm is of particular practical relevance in situations of impending insolvency or acute liquidity difficulties, as it imposes limits on the assumption of new obligations and thereby protects creditors against negligent conduct on the part of directors.
“The trustee held the director personally liable under the Beklamel standard for the loss incurred by the supplier as a result of the company’s inability to pay the invoices.”
Related terms
Need legal advice?
Schedule a free consultation with one of our specialists