Insolvency & Restructuring
If your company or the company you do business with is in serious trouble, it is crucial to opt for the right strategy. This requires a sound analysis. How much time is left? Is the cash flow forecast accurate? How does your business work and which creditors are crucial? What security has been provided? What is your position as a creditor, shareholder or financier?
Depending on this analysis, we can determine the options that will help you. Various legal procedures, such as a suspension of payments or proceedings under the Wet homologatie onderhands akkoord or WHOA (Court Approval of a Private Composition (Prevention of Insolvency) Act), may offer a solution. But solutions can also often be found outside of legal proceedings. This calls for smart, unconventional solutions, which is exactly where our team excels. Our specialists are strategically alert to you needs, also from a business economics perspective. We know how trustees operate because we ourselves are trustees. We use that knowledge to make you stronger and to remain in control. Don’t wait, think ahead!
We oversee the entire field of insolvency and restructuring, and assist all the parties involved across the board. We also advise on the possible restart of all or part of the company after insolvency. We advise suppliers on recovering goods on the grounds of retention of title or the right of retention. We advise financiers on enforcing securities and assist directors in cases where a creditor or trustee holds them personally liable for the company’s debts.
Insolvency often seems unexpected and inevitable. But that’s usually not the case. In many cases, we advise clients in anticipation of an insolvency with the aim of preventing it. Or we advise on setting up a structure that will minimise the damage if insolvency does occur. We minimise the impact on you and your business, and work with you to find the best solution.
Restructuring
Even if your company is in serious trouble and facing insolvency, then a suspension of payments or, for instance, a WHOA procedure may still offer a way out to preserve value.
The company can also be restructured outside of such legal proceedings, for instance by selling or terminating business units through liquidation, dissolution and winding-up. Depending on your company, the time remaining and the resources available, we can work with you to find the best options. They may include terminating long-term leases, renegotiating loss-making contracts, or implementing staff reorganisations. Reaching agreements with creditors and refinancing may also offer a solution, giving you time to put your affairs in order and work on a future for yourself and your company.
Insolvency
For entrepreneurs, directors and shareholders, insolvency causes uncertainty and unrest, but also brings new opportunities. Particularly in difficult times, we can work with you to find opportunities for a necessary strategic rethink or restructuring, or for putting an end to loss-making obligations. We assist entrepreneurs, directors and creditors with insolvency petitions and securing their interests.
If you’re at risk of being disadvantaged by the insolvency of a business relation, we can help you file for insolvency, invoke a right of retention, right to claim back goods, or retention of title, and negotiate new agreements on, for instance, the continuation of deliveries.
If you see opportunities in the acquisition of an insolvent company, we can arrange for the negotiations, contracts and implementation. Where necessary, we can immediately create the appropriate legal structure, for instance by incorporating a new company or drawing up a shareholders’ agreement.
If you see opportunities in the acquisition of an insolvent company, we can arrange for the negotiations, contracts and implementation. Where necessary, we can immediately create the appropriate legal structure, for instance by incorporating a new company or drawing up a shareholders’ agreement.
Securities
We help financiers, suppliers and service providers to limit the risks involved in providing financing by making clear agreements and providing insight into the position in relation to existing financing. This includes pledges on stock, mortgages on commercial premises, guarantees and retention of title. This applies not only to loans raised from external financiers or to covering a loan granted to a third party; security can be created in particular on investments for directors and shareholders. This is often overlooked, even though such security serves to protect your financing and can also offer an advantage if restructuring is necessary.
Creating security is one thing – enforcing it is another. We ensure that your rights are exercised, from enforcement to new agreements. The enforcement of security can play a crucial role in a successful restructuring. Thinking from the perspective of a financier’s interests in combination with the company’s interests is crucial. Avoid surprises and turn legal certainty into a strategic advantage.
Bestuurdersaansprakelijkheid
As an entrepreneur, you make choices and take risks on a daily basis. That’s part and parcel of entrepreneurship. The line between responsible and irresponsible risks is blurred in some areas and may give rise to personal liability. We offer support in the decision-making, particularly in crucial situations. Liability claims always follow after the fact, and your actions as a director are assessed retrospectively; advice and documentation may be decisive in a retrospective assessment.
If you’re faced with a liability claim from a trustee or creditor, we can assist you in the proceedings and in possible settlements with insurers – with pragmatic advice and a realistic approach.
Prevent your business decisions from having personal consequences. We’re here to help you.
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