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The ICLG to Insurance & Reinsurance covers common issues in insurance and reinsurance laws and regulations – including regulatory authorities and procedures, (re)insurance claims, litigation – overview, litigation – procedure and arbitration.

The authors discuss a recent judgment by the Dutch Supreme Court that extends the right of setoff for banks before and during bankruptcy and suspension of payments.

Noot bij de uitspraak van de Rechtbank Noord-Holland van 22 april 2021 inzake de instelling van een voorlopige schuldeiserscommissie (ECLI:NL:RBNHO:2021:3382).

The ICLG to Restructuring & Insolvency 2021 covers common issues in restructuring and insolvency, incl. issues that arise when a company is in financial difficulties, restructuring options, insolvency procedures, tax, employees and cross-border issues.

The draft temporary bill on Expedited Liquidation Transparency presented by the Dutch Minister of Justice on 28 June 2021 aims to increase transparency, improve protection of creditors and reduce the risk of abuse.

The long-awaited new law amending Book XX of the Code of Economic Law and the Income Tax Code 1992 just came into force. This replaces the "COVID-moratorium" and creates the possibility to restructure a company through a “preparatory agreement”.

Op 1 januari 2021 is de Wet Homologatie Onderhands Akkoord ("WHOA") in werking getreden.

On 1 January 2021, the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord, the "Dutch Scheme") came into effect.

On 1 January 2021, the legislative framework for court-approved restructurings of debts outside formal insolvency proceedings (hereafter referred to as the ‘Dutch scheme’, or simply, the ‘scheme’) entered into force.

Companies beware: new Dutch and EU transactional hurdles are coming closer. In the Netherlands, new national security investment screening rules are imminent.

Daisy Nijkamp contributed to the 16th edition of ICLG – Restructuring & Insolvency.

We discuss a draft bill to declare contractual clauses limiting the transferability and/or pledgeability of claims in business relations void, and call upon the Dutch Senate to reconsider at least its applicability to existing contracts.

Commercial leases can be long and detailed documents. Although parties typically negotiate some specific clauses, such as the lease term, the rent, the repair scheme, etc., they do not always pay enough attention to the clauses relating to insurance.

Daisy Nijkamp contributed to the 18th edition of ICLG – Restructuring & Insolvency. In this publication, she provides a practical explanation of Dutch insolvency law, exploring recent changes and their impact.

As of 1 January 2025, Dutch insurers must obtain the Dutch Central Bank’s prior consent before making any amendments to, or entering into an asset-intensive reinsurance agreement that allows the reinsurer to hold assets in a third country.

The Dutch Supreme Court handed down a judgment on 15 Dec 2023 clarifying whether agreements entered into by a bankruptcy trustee with the approval of the supervisory judge can be affected by an application under Article 69 of the Dutch Bankruptcy Act.

We will highlight certain focus areas from a Dutch tax perspective in debt restructuring cases involving a Dutch debtor, also considering creditors holding or obtaining an equity stake – directly or indirectly - in the borrowing entity.

Het op 2/6/2020 bij de Tweede Kamer ingediende wetsvoorstel opheffing verpandingsverboden beoogt de bestaande praktijk van het contractueel overeenkomen van verboden of beperkingen van de overdracht of verpanding van geldvorderingen op naam op te heffen.