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.’

Stay up to date

The latest developments

Real Estate & Government

The Amsterdam Court of Appeal has held that a 3% rent uplift clause may be unfair, and that the landlord must demonstrate that the increase is necessary

15 April 2026

At the end of 2024, the Supreme Court held that an indexation clause providing for an annual 3% increase in the rent under a lease agreement is, in general, not unfair. I previously wrote a blog on this topic: A rent increase clause with an annual 3% uplift is generally not unfair.
 

Read more

Real Estate & Government

Prescription and set-off: limits confirmed by the Supreme Court

26 March 2026

This time, it concerns a blog that does not only affect our real estate practice. The Supreme Court judgment discussed in this blog affects all legal relationships in which parties owe each other mutual debts and wish to set them off against one another. On 23 January 2026, the Supreme Court issued a landmark ruling on the relationship between set-off and limitation (prescription). The judgment clarifies how far the possibility of set-off extends when a claim has become time-barred. In doing so, the Supreme Court provides a general framework that is relevant to all continuing agreements in which payment obligations play a role.

Read more

Real Estate & Government

Law on Modernization of Service Charges: Key Changes

15 January 2026

Service charges have long been a flexible part of rental agreements for many residential landlords. The rules allowed room for discretion, settlements were made afterward, and disputes usually only arose when a tenant approached the Rent Tribunal. The new law introduced by Minister Mona Keijzer changes this. It was originally intended to take effect on January 1, 2026; however, in December 2025 it became clear that it will most likely come into force on July 1, 2026. The new law introduces more detailed regulation of service charges in rental agreements.

Read more