24 March 2025

How to check if a company is bankrupt

When doing business with a (new) party, it is always wise to verify whether the company is solvent or possibly bankrupt. But how can you determine if a company has been declared bankrupt or if a bankruptcy petition has been filed?

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17 February 2025

WHOA also available for sole proprietorships and general partnerships

Since its introduction, the WHOA has proven to be a successful method for restructuring businesses in financial distress, preventing unnecessary bankruptcies

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29 January 2025

Strengthening Works Council Rights in Bankruptcy Cases

For the second time in five years, a proposed bill was open for public consultation, introducing new rules that automatically transfer employees to the acquiring company during a restart after bankruptcy.

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14 October 2024

Protection of staff in relaunch from bankruptcy

A bankruptcy trustee spends much of his time on a possible restart of part of the company. Naturally, his estate has an interest in this. But so does the relaunching party itself.

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23 September 2024

WHOA functions to prevent bankruptcy of viable companies, but is less effective in reaching SMEs

Three years after the entry into force of the Court Approval of a Private Composition (Prevention of Insolvency) Act (Wet homologatie onderhands akkoord, WHOA), it has been evaluated by a joint research team from the Universities of Groningen and Leiden on the instructions of the House of Representatives.

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9 September 2024

Offsetting debts in Dutch WHOA proceedings

In Dutch WHOA proceedings, you may have to deal with creditors claiming set-off against amounts they still have to pay to you. Or vice versa: if your claim is involved in a restructuring under the rules of the Dutch WHOA Act, are you allowed to set off new payment obligations? How does that work during WHOA proceedings?

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1 July 2024

The Expedited Liquidation Transparency Act has entered into force

The Expedited Liquidation Transparency (Interim Measures) Act (Tijdelijke wet transparantie turboliquidatie) entered into force on 15 November 2023.

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22 May 2024

Collecting debts

Although the economy seems to be picking up, in practice many invoices remain unpaid. Should that be the case, you will obviously want to take action to recover the outstanding amounts quickly.

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15 April 2024

Please note: limits have been placed on expedited liquidations

An ‘expedited liquidation’ is a relatively quick and simple procedure to dissolve a legal entity. This changed on 15 November 2023.

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