Bill on Homologation Private Placement Significant change in insolvency law is imminent
A very important change in insolvency law is imminent. This change concerns the possibility of a debtor's offering a composition to creditors. In the current situation, there is only an arrangement for the compulsory imposition by the court of an arrangement with creditors in suspension of payments or bankruptcy. In the Bill on the Homologation of Private Agreements (WHOA), the possibility has been included that a compulsory composition without a moratorium or bankruptcy can be concluded. This will drastically change the possibilities for resolving problematic debts. This change is important for debtors, but also for their providers of capital, such as creditors and shareholders.
Liability for acting on behalf of a private company in formation
Legal acts can already be performed on behalf of a private limited company in incorporation. However, caution is required, because the person who has performed the acts on behalf of the B.V. under formation may be personally called upon to fulfil the obligations entered into.
A right to compensation after termination of cohabitation without a contract or marriage?
The Supreme Court issued an interesting judgment on the question whether a partner is entitled to compensation from the ex-partner after ending cohabitation without a contract (also referred to as: informal cohabitation).
Court of Appeal rules that ‘pre-pack is a transfer of a company’
In case of a pre-pack, also called a pre-packaged insolvency, an intended receiver is working on a relaunch some time prior to the declaration of the bankruptcy, so a relaunch may be realised shortly after the declaration of the bankruptcy, possibly even the same day. The aim of the pre-pack is continuation of the company with the highest possible yield.
The Enhancement Position of Receivers Act has entered into force
On 1 July 2017, the Enhancement Position of Receivers Act (Wet versterking positie curator) entered into force.
Problems when the lessor invokes a bank guarantee for vacancy losses due to bankruptcy of lessee
Wij zijn een Rotterdams advocatenkantoor dat zich richt op juridische dienstverlening aan bedrijven. Onze advocaten hebben door kennis van de diverse branches een grotere voorsprong.
Conference on 60 years CMR reveals differences in application treaty
On 6 and 7 October, the International Conference 60 years CMR took place. I was pleased to attend the conference. The following is a brief report of several interesting issues that were discussed.
A receiver can object to a liquidation based on a winding-up petition filed by the legal person itself
On 18 December 2015, the Supreme Court passed an important judgement on the possibility for a receiver to object to a liquidation based on a winding-up petition filed by the legal person itself.
The restart
The term ‘restart’ is frequently used on the news when a large company has gone into liquidation. A recent example thereof is Imtech. But what exactly is a restart?
