6.6.5 Bring other parties into proceedings

If a shareholder is of the opinion that the exit proceedings should also or solely be started against one of his co-shareholders or against the company itself, he is entitled to bring this shareholder or the company into the proceedings (in vrijwaring oproepen).1 In order to bring the company or co-shareholder into proceedings, these must be summoned not later than the day of the statement of defence (conclusie van antwoord). Art. 2:343 paragraph 3 DCC does not allow that co-shareholders or the company are brought in later on. Pursuant to Art. 133 paragraph 2 RV parties may in conjunction withintly request for extension of the period in which statements can be exchanged. The court can deny this request if it leads to unreasonable delay of the proceedings.2

The general rules on bringing third parties into proceedings lead to the result an additional claim is started against the party brought in proceedings. In contrast to the general rules, in the exit proceedings, the party brought in becomes defendant in the main suit (hoofdzaak).3 This deviation of the general rules is included in order to speed up the proceedings, as no incidental claim is required (which creates a related set of proceedings).

The possibility to involve the company itself in the proceedings is included further to the suggestions of the Combined Committee for Company Law.4 For the reason that the exit proceedings can be started against the company as well, it makes sense that the company can also be brought into proceedings.