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Insolvency & Restructuring

Law Firm in the Netherlands specialised in Insolvency & Restructuring

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.

"Overall, a strong team with excellent hands-on insolvency experience and noted for responsiveness towards its clients."

The Legal 500 EMEA, 2023

"Personal, professional, competent and friendly."

The Legal 500 EMEA, 2023

"The bench strength and breadth of CMS is a force to be reckoned with, supported by an international network that can be efficiently deployed."

Chambers Europe, 2023

CMS has an important team in this field in the Netherlands.

The Legal500 EMEA, 2022

Working with the team is a "very pleasant and sensible experience."

Chambers Europe, 2022

Quick and well-organised recovery advice and follow-up.

IFLR1000, 2021

Very professional team with a long track record of successful recoveries.

The Legal 500 EMEA, 2021

Knowledgeable, experienced and pragmatic approach.

Chambers Europe 2021

Delicate and sensitive way of dealing with tension.

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

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

IFLR1000, 2020

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Insolvency
In the event of involuntary liquidation or a possible relaunch, often assets need to be sold. In addition, matters such as debt collection, consultati
Moratorium on payment
The purpose of the moratorium on payments is to reschedule debts. Our lawyers are appointed as administrators in moratoriums. The administrator and th
Recovery
When restructuring a company, sound advice and supervision is extremely important. CMS can help you with company reorganizations, such as in the form
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Restructuring
Debt rescheduling is often granted as this gives natural persons the opportunity to settle their debts once and for all. The period of debt rescheduli
WHOA
The Act on the confirmation of private restructuring plans (Wet homologatie onderhands akkoord or WHOA) was submitted to the Dutch parliament (2019) a
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Bankruptcies
Bankruptcies overview

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01/02/2024
Simplifying and standardising Dutch insolvency Law: the impact of the proposed...
In the process of simplifying and standardizing Dutch insolvency law, the proposed EU Directive for harmonizing insolvency law introduces a shift from subjective to objective criteria in avoidance ac­tions.Shift­ing...
10/01/2024
Harmonisation of insolvency avoidance in Europe
This article continues our Law-Now series "Harmonisation of Insolvency Laws in the EU" in which we provide an overview of the articles addressing insolvency avoidance actions of the draft EU directive.As...
06/07/2023
The future of pre-pack sales in Luxembourg
On 7 December 2022, the EU Commission issued a proposal for a directive harmonising certain aspects of insolvency law (the Draft Directive). One key aspect of this Draft Directive is the regulation of...
06/07/2023
Proposal for European rules on pre-pack proceedings should be supported
On 7 December 2022, the European Commission published the Proposal for a Directive of the European Parliament and of the Council harmonising certain aspects of insolvency law. This Proposal is intended...
05/07/2023
Proposal for European rules on pre-pack proceedings should be supported
On 7 December 2022, the European Commission published the Proposal for a Directive of the European Parliament and of the Council harmonising certain aspects of insolvency law. The Proposal is intended...
20/06/2023
Impact of EU "Pre-pack proceedings" directive in Germany: pre-pack proceeding...
The EU Commission has presented a draft directive on the mandatory inclusion of a "pre-pack proceeding" in national insolvency laws.On 7 December 2022, the European Commission published a draft directive...
15/06/2023
EU proposes Directive on harmonisation of insolvency law
The lack of harmonised insolvency laws has long been regarded as one of the greatest obstacles to the free movement of capital in the EU in general and to cross-border investments, insolvency proceedings...
11/11/2022
Sustainable Financing
ESG: Environmental, Social & Governance
11/11/2022
ESG e-guide
Over a relatively short period of time, the implementation of ESG (environmental, social and governance) aspects in commerce has grown to become a strategic priority at management level. While the substance of ESG is likely to evolve in the coming years, the underlying impulse for businesses to make a social contribution, and not just an economic one, is here to stay. In essence, it is about maintaining and reinforcing the social licence of a business to operate in a rapidly changing world. As a result, ESG goes to the heart of every business. Future-looking companies Not all aspects of E, S and G are priorities for all companies. Companies will carefully have to weigh which ESG aspects they want to focus on. For that reason, it is instructive to observe organisations that approach ESG in a rigorous, strategy-driven, socially attuned way. McKinsey calls these organisations ‘for­ward-look­ing companies’. They make ESG intrinsic to their strategy by deliberately applying those ESG aspects that connect to the core of their business. Forward-looking companies also promote competition by standing out and using good corporate citizenship to contribute to finding solutions to existential challenges, such as climate change. Distinguishing role Whatever your company's ambition, you will always need to comply with the ESG regulations, including those on environmental legislation, labour-law issues and governance. But forward-looking companies take it one step further, and usually raise the bar by focusing on certain aspects of ESG in which they can play a leading or distinguishing role. Ideally, this will also motivate similar companies to take a comparable route when it comes to ESG. Roadmap to social profit This ESG special publication provides company lawyers a concise overview of the most important ESG regulations, as well as concrete tools to give managers better advice in the field of ESG. Various aspects and elements of a company will be discussed: from the distribution chain to commercial property, from sustainable financing issues to the desired level of diversity and inclusivity within the population, and from governance to ESG litigation.
07/03/2022
EU and UK Sanctions against Russia: a focus on the Financial Sector
In recent days the EU and the UK have adopted and expanded a number of sanctions measures against Russian and Belarusian individuals and companies. This article focuses on restrictive measures directed...
27/02/2022
Handling the new EU and UK sanctions against Russia
Since 2014, the EU and the UK have progressively imposed sanctions on Russia in response to the crisis in Ukraine. Following the latest events, both the EU and the UK, as well as many other countries...
01/06/2021
Some leaks can't be fixed
“Confidential information is like an ice cube... give it to the party who has no refrigerator or will not agree to keep it in one, and by the time of the trial you have just a pool of water.” This...