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Insolvency & Restructuring

Netherlands

Insolvency law is becoming increasingly complex. Developments follow each other in rapid succession and Dutch insolvency proceedings are increasingly influenced by European legislation and regulations.

For all questions in the area of insolvency and restructuring, companies and their directors, creditors, financial institutions and other financiers can rely on the services of CMS.

We work if necessary with other offices of CMS around the world and provide you with truly international advice. Our insolvency and restructuring specialists pride themselves on many years of broad experience and are affiliated to a number of local and international associations for insolvency law. They are appointed as liquidators in involuntary liquidations and administrators for moratoriums and debt rescheduling arrangements.

CMS is involved in major national and international involuntary liquidations. We adopt a business attitude to work with you in achieving the most practical solution for your business.

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Knowledgeable, experienced and pragmatic approach.

Chambers Europe 2021

Delicate and sensitive way of dealing with tension.

Chambers Europe, 2020

They take a firm stand on their position and I was really impressed with the calm manner in which they act.

Chambers Europe, 2020

"Combines skilled teams across its CEE branches with strong capabilities in the UK, Spain, Germany, Netherlands and Portugal."

Chambers Global, 2020

"They are extremely proactive and they are a very strong team from partner to associate level."

Chambers Global, 2020

"The lawyers are very experienced and far-sighted."

Chambers Global, 2020

"The firm is well positioned for debtor restructuring work in the Netherlands. They maintain a bankruptcy trustee practise which is an asset as a relatively large firm."

IFLR1000, 2020

"Provided very strong advice and coordination. Helped develop strong relationships with stakeholders."

IFLR1000, 2020

"Very reliable and very clear. They know their work, and can explain in clear and simple language what the situation entails."

IFLR1000, 2020

"Very friendly people who are really willing to work together at the highest level."

Chambers Europe, 2019

"Knowledgeable, they stay calm and are able to prioritise in stressful situations, and they are goal-focused."

Chambers Europe, 2019

Clients are satisfied with the firm's good collaboration between offices, noting that cross-border matters are "managed very well across the different offices."

Chambers Global, 2019

"The CMS group assists national and international clients on corporate recoveries and insolvencies with a focus on turnarounds."

The Legal 500, 2019

“Very dedicated team, top professionals, high standards, nice people to work with.”

IFLR1000, 2019
01 March 2019
BNR Za­kendoen over het In­ter­toys fail­lisse­ment met Marc van Zanten van...
Door felle con­cur­ren­tie van prijs­vechters en on­line spel­ers, zag de ei­gen­aar van In­ter­toys geen an­dere uit­weg dan de stek­ker uit het bedrijf trekken. Toch lijkt het af­scheid niet defin­it­ief, vi­er po­tentiële...
Bank­ruptcies
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18 February 2021
Rank­ings CMS in Cham­bers Glob­al 2021
The Cham­bers Glob­al Guide for 2020 has been re­leased. In it, CMS is men­tioned as a whole, as well as per jur­is­dic­tion, ex­pert­ise and ex­pert. Based on in­de­pend­ent mar­ket and cli­ent re­search, Cham­bers...
02 February 2021
EC Con­sulta­tion on sus­tain­able cor­por­ate gov­ernance: dead­line ap­proach­ing
Key ac­tion point On 26 Oc­to­ber 2020, the European Com­mis­sion launched its pub­lic con­sulta­tion on sus­tain­able cor­por­ate gov­ernance (Con­sulta­tion). The Con­sulta­tion closes on 8 Feb­ru­ary 2021 and we would...
27 October 2020
Dutch scheme avail­able as of 1 Janu­ary 2021
It took the le­gis­lat­or more than six years, but as of 1 Janu­ary 2021 the “Act on the con­firm­a­tion of private re­struc­tur­ing plans” (Wet Ho­mo­log­atie On­der­hands Akkoord (WHOA)) will fi­nally come in­to...
25 November 2020
New re­struc­tur­ing tools
The leg­al land­scape is cur­rently char­ac­ter­ised by change and evol­u­tion. The most re­cent ex­amples are cer­tainly the new re­struc­tur­ing tools in Ger­many, the Neth­er­lands and the United King­dom.We are pleased...
07 October 2020
Ger­many's Busi­ness Judge­ment Rule not ap­plic­able to in­solv­ency ad­min­is­trat­ors
In a re­cent de­cision, the Ger­man Fed­er­al Su­preme Court ad­dressed the ap­plic­ab­il­ity of the Busi­ness Judge­ment Rule to in­solv­ency ad­min­is­trat­ors in Ger­many and re­jec­ted the ap­plic­ab­il­ity of the rule in...
6 October 2020
Dutch scheme fi­nally ap­proved
On 6 Oc­to­ber 2020, the Sen­ate (Eer­ste Kamer) of the Dutch Par­lia­ment de­cided that the bill “Act on the con­firm­a­tion of private re­struc­tur­ing plans” (Wet ho­mo­log­atie on­der­hands akkoord (WHOA)) could...
05 October 2020
Re­struc­tur­ing out­side of in­solv­ency pro­ceed­ings soon pos­sible for il­li­quid...
Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mits draft bill on pre­vent­ive re­struc­tur­ing On 18 Septem­ber 2020, the Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mit­ted a 247-page draft...
08/06/2020
Par­lia­ment­ary ad­op­tion of the act on con­firm­a­tion of private re­struc­tur­ing...
On 26 May 2020, the Act on the con­firm­a­tion of private re­struc­tur­ing plans (Wet ho­mo­log­atie on­der­hands akkoord or WHOA) was ad­op­ted by the Dutch par­lia­ment­ary House of Rep­res­ent­at­ives (Tweede Kamer)...
02 April 2020
Key meas­ures to con­sider in op­tim­ising cash-flow man­age­ment dur­ing the...
Or­gan­isa­tions face much un­cer­tainty dur­ing the COV­ID-19 crisis, which makes man­aging the cash-flow very chal­len­ging. This in­fograph­ic provides sev­er­al key meas­ures to con­sider, as re­com­men­ded by our...
12 March 2020
Top rank­ings CMS in Cham­bers Europe 2020
CMS is once again re­com­men­ded in the latest edi­tion of the Cham­bers Europe guide. Our teams in the Neth­er­lands are re­cog­nised for their sig­ni­fic­ant sec­tor ex­pert­ise, broad of­fer­ings, prag­mat­ic ap­proach...
09 March 2020
WHOA – the fu­ture of (in­ter­na­tion­al) debt re­struc­tur­ings in The Neth­er­lands
The Act on the con­firm­a­tion of private plans (Wet ho­mo­log­atie on­der­hands akkoord or WHOA) was sub­mit­ted to the Dutch par­lia­ment last year and, once ad­op­ted, in­tro­duces a frame­work un­der which tail­or-made...
04/03/2020
WHOA – the fu­ture of (in­ter­na­tion­al) debt re­struc­tur­ings in The Neth­er­lands
The Act on the con­firm­a­tion of private plans (Wet ho­mo­log­atie on­der­hands akkoord or WHOA) was sub­mit­ted to the Dutch par­lia­ment last year and, once ad­op­ted, in­tro­duces a frame­work un­der which tail­or-made...