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

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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Real Estate & Government

Drugs in Rental Property: Out-of-Court Termination Following a Mayoral Closure – The Legal Test After 10 April 2026.

13 August 2026

On 10 April 2026, the Dutch Supreme Court handed down a judgment clarifying the legal test for the out-of-court termination of a residential tenancy agreement and, in the process, correcting a position it had recently adopted.

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Real Estate & Government

Does Pending Proceedings Under Section 7:268 of the Dutch Civil Code Prevent Eviction Proceedings in Summary Proceedings?

24 July 2026

You may occasionally see this in the media: (grand)children being threatened with eviction by a landlord because they, rather than the (grand)parents, are the tenants of the property. In certain circumstances, the law provides that a remaining occupant can become the tenant themselves. If the landlord does not cooperate, the remaining occupant must bring proceedings under Section 7:268 of the Dutch Civil Code to request permission to continue the tenancy. The second paragraph of this provision states that the tenancy continues until a final and binding decision has been made on the claim for continuation of the tenancy.

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