6.6.3 Informing the company and co-shareholders

Further to Art. 997a paragraph 1 Rv, a copy of the summons by means of which exit proceedings are initiated must be served by the claimant upon the company without delay. Without delay means at the same time, or almost at the same time, as service of the summons upon the defendant.1 Within two weeks after service of the summons upon the company, the company is obliged to inform all shareholders who have not been summoned about the contents of the summons in writing (as follows from Art. 997a paragraph 2 Rv). In my view, for instance circulating a copy of the summons would suffice. This enables co-shareholders to join the proceedings.

Although the claimant would fall within the notion of all shareholders that have not been summoned, there is obviously no reason for the claimant to be noticed. Therefore, it is not necessary that the company notices the claimant.

The company also needs to be informed about the outcome of the proceedings. The clerk of the court (griffier) must send each judgment under the exit proceedings to both the parties in proceedings as well to the company if not involved as a party (Art. 997a paragraph 3 Rv).

As soon as a judgment based on Art. 2:340 paragraph 1 DCC becomes irrevocable, this judgment must be served by the claimant upon the defendants and upon the company without delay. This rule is embodied in Art. 997a paragraph 3 Rv. Unfortunately this rule does not take into regard that under the new BV roles, the judgment based on Art. 2:340 paragraph 1 DCC can be declared provisionally enforceable. It would make sense if this provision would also apply in this situation.