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.
GMW 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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9 April 2025
Understanding a contract
Every entrepreneur benefits from clear and enforceable agreements. But how should you assess a contract in general? Is there a step-by-step approach you can follow? In this blog, we share some tips to help you quickly understand and draft contracts.
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7 April 2025
Security rights in bankruptcy: the right of reclamation
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31 March 2025
Security Rights in Bankruptcy: Retention of Title
It is common for a supplier to deliver goods to a customer without requiring immediate payment. In doing so, the supplier runs the risk that the customer will not pay or may even be declared bankrupt.
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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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