Barry Martijn

Barry Martijn

Candidate notary

Notary

A keen service provider, Barry Martijn understands that the highest priority for entrepreneurs is to be able to do business freely. He therefore enjoys assisting his clients in difficult legal matters, engaging creatively with them to find the best solutions. Where Barry really comes into his own is at the intersection between corporate law and personal and family law. This means that he is ideally positioned as a candidate notary in the Corporate Law section.

Education and career

After receiving his Master’s degree in Notarial Law from Leiden University in 2005, Barry went on to complete the Professional Notarial Training Programme in 2009, and then the Company and Corporate Law specialisation programme at the Grotius Academy a year later. From early 2006 to late 2019, Barry worked as a candidate notary in The Hague before joining the team at De Clercq in 2020 as a senior candidate notary in the Corporate Law and Family Law sections.

Barry’s daily practice

‘As a candidate notary at De Clercq, I help entrepreneurs with numerous legal matters, including setting up or unbundling structures (with respect to holding and active limited liability companies), as well as preparing and supervising mergers, demergers, acquisitions and share transfers. This means I am involved at every stage of a business, from incorporation and expansion to restructuring, downsizing, liquidation and sale. I also have extensive experience in setting up employee participations. This work sometimes requires me to collaborate with professionals in a number of disciplines, including accountants, tax specialists and our legal department. I also set up foundations (public benefit organisations) and associations on a daily basis. A good example of the intersection between corporate and personal/family law is the certification of assets (including family assets). At De Clercq, I am also focusing increasingly on estate planning and business succession within family businesses. I believe that this work is where my expertise and interest in the various areas of law really come into their own.’

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The latest developments

Real Estate & Government

Expiry Clauses in Construction Contracts with Consumers: Are They Unfair?

5 October 2026

Standard terms and conditions are widely used in the construction industry, including the UAV 2012 and AVA 2013. These terms and conditions, along with many others, contain expiry periods.

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Real Estate & Government

Mandatory Registration for Estate Agents: Minister Opts for Regulation of Professional Conduct

1 October 2026

On 1 October 2026, Elanor Boekholt-O’Sullivan, Minister for Housing and Spatial Planning, presented her plans for regulating the estate agency sector to the House of Representatives. In a letter to Parliament, she concluded that the current system of self-regulation does not provide sufficient safeguards for a transparent and ethical property purchase process. The government will therefore pursue a statutory registration requirement for estate agents.

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Real Estate & Government

The Mere Desire to Obtain a Higher Rent Does Not Constitute Grounds for Terminating a Tenancy Agreement

27 August 2026

A landlord wishes to terminate a long-term lease of commercial premises within the meaning of Article 7:290 of the Dutch Civil Code (‘retail and hospitality premises’) because another party is prepared to pay a significantly higher rent. Several hundred thousand euros more per year! Is this possible? At the end of last year, the Dutch Supreme Court handed down a judgment on this issue.

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