Some companies that run into financial trouble are able to overcome their problems, while others stop operating altogether.
There are also some which decide to restart (sometimes with the same activities) and continue under another name, which may or may not be preceded by the bankruptcy of the old company. This is known as a restart.
Entrepreneurs are not always familiar with the legislation and regulations related to restarts. Frequent questions include:
The lawyers in our company & insolvency law department specialise in supervising restarts. These are often intensive processes in which a great deal has to be done in a short time. The timing of this is very important and knowing how to proceed is critical. For this purpose we often work closely together with financial and fiscal specialists.
GMW lawyers will be happy to help you with all your restart and restructuring issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our insolvency lawyers will be glad to support and advise you.
Stephanie de Wit
Company law, Insolvency law, Real estate law, Tenancy law Read more about this lawyerGMW lawyers will be happy to help you with all your insolvency and restructuring issues. Do you have a question? Feel free to contact us.
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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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8 November 2023
Creditor in an expedited liquidation, now what?
By means of an expedited liquidation, referred to in practice as a ‘turbo liquidation’, a company is dissolved quickly if it no longer has any assets.
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16 January 2023
Digital accounting records in a bankruptcy
The Trustee in Bankruptcy (Further Measures) Act (Wet versterking positie curator) came into force on 1 July 2017.
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16 January 2023
Information about the bankruptcy of CamptooNL – January 2023
In the bankruptcy of CamptooNL B.V. (CamptooNL), the trustee has recently received many inquiries from users (renters and owners of campervan) of the online platform.
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