Dimitry Aertssen

Dimitry has successfully resolved over fifty shareholder conflicts within (family) businesses. The structural solution in such disputes is often the buyout of one or more shareholders. To create a fair negotiating environment, building pressure through demands and legal proceedings may sometimes be necessary.

Dimitry not only possesses a sharp legal mind but also extensive experience in investigative proceedings before the Enterprise Chamber and disputes related to statutory dispute resolution. While these procedures are initiated when required, Dimitry knows when to shift to successful negotiations.

Partnerships are common in several professional fields, such as law, notary services, accountancy, and medical professions. Dimitry is highly experienced in handling partnership disputes. A key difference from conflicts in other businesses is that partnership agreements often contain arbitration clauses. Dimitry has extensive experience in managing such arbitrations.

When establishing a startup or joint venture, the shareholder agreement or participation agreement is of paramount importance. Dimitry is frequently involved in structuring the governance of larger startups and joint ventures.

Dimitry has extensive experience with shareholder disputes, as a trustee, and in matters concerning director’s liability. In addition, he brings valuable firsthand governance experience as both a director and supervisor, coupled with in-depth knowledge of governance issues. This makes him a highly capable sparring partner in the boardroom and a steady presence, maintaining clarity and calm during crisis situations.

Dimitry frequently assists governments and government-owned entities in the process of privatizing activities, structuring and maintaining the governance of public sector participations, as well as liquidating and restructuring such entities.

Dimitry advises on multiple acquisitions each year. His preference is to guide entrepreneurs who, at the end of a successful career, wish to sell their life’s work. For the entrepreneur, this is a once-in-a-lifetime event, while for Dimitry, such acquisition processes are well within his area of expertise. He understands the emotions involved in these transactions, and this is where his expertise provides the most value. His ability to distinguish between key issues and minor details allows him to achieve the right risk allocation. While Dimitry’s passion lies in the transfer of life’s work, you can, of course, rely on his professional guidance for any type of acquisition process.

Dimitry has a personal interest in architecture and urban planning. Increasingly, he works alongside real estate section attorneys to guide (financing of) complex real estate transactions and the redevelopment of properties. Additionally, this team handles sale-and-leaseback arrangements and the refinancing of real estate portfolios.

Sometimes bankruptcy is unavoidable, but when you, as an entrepreneur – together with your financial advisors – act promptly, the business can often be saved through a debt restructering. Since January 1, 2021, the Act on the Homologation of Private Settlement Agreements (Wet Homologatie Onderhands Akkoord, WHOA) has been in effect. Dimitry has significant experience with this law, as many of his areas of expertise intersect in this field. Dimitry knows how to successfully navigate these processes and bring them to a positive conclusion.

In the fields of corporate law and insolvency law, the risk of directors’ liability looms large. Alleged mismanagement is, after all, the flip side of the good governance coin. Dimitry frequently acts as a trustee. Drawing on his expertise, he has a keen understanding of the risks associated with directors’ liability and knows how to bring these risks into proper perspective.

Dimitry has lived in Belgium for over 20 years and, as a result, has an in-depth understanding of Belgian culture. He is highly attuned to the differences between Belgian and Dutch cultures and, more importantly, the sensitivities involved. These differences can often be dealbreakers, and Dimitry knows how to carefully “defuse” such issues in negotiation processes. Dimitry advises Belgian entrepreneurs on matters including mergers and acquisitions, investments, setting up joint ventures, and the development of real estate projects in the Netherland.

Postdoctorale opleidingen 

• Grotius-opleiding Insolventierecht  
• Financiële Economie voor curatoren  

Lidmaatschappen  

• Vereniging Insolventie Advocaten Insolad  
• Vereniging Corporate Litigation 

Onderwijs/gastcolleges 

• Ondernemings- en insolventierecht rechtenfaculteit Maastricht University 
• Accountantsopleiding (MURA) Maastricht University  
• Premium–programma ICGI, Maastricht University 

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• Insolventierecht 
• Faillissement 
• Surséance van betaling 
• Ondernemingsrecht 
• Beroepsaansprakelijkheid 
• Bestuurdersaansprakelijkheid 
• Fusies en overnames 
• Vennootschappen 
• Verenigingen en stichtingen 

*Deze registraties verplichten Dimitry volgens de normen van de Nederlandse orde van advocaten om elk jaar tien opleidingspunten te behalen op elk van de geregistreerde rechtsgebieden.