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Insolvency

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Restructuring & Insolvency in the Netherlands - 2025

Daisy Nijkamp and Dario Baltussen contributed to the 19th edition of ICLG – Restructuring & Insolvency. In this publication, they provide a practical explanation of Dutch insolvency law and restructuring options for companies in financial difficulties.

Dario Baltussen

Junior Associate Amsterdam

Asset intensive reinsurance agreements – new requirement to obtain DNB’s prior consent

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.

Carolin Baes

Junior Associate Brussels

Noah Vanden Boer

Junior Associate Brussels

Contractual clauses prohibiting the transferability or pledgeability of business claims could become void in the near future

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.

Equity raises: prospectus exemptions and share issuance approvals

In this note we discuss the interplay between prospectus exemptions and share issuance authorisations of listed Dutch companies. Prospectus exemptions are expanded under the EU Listing Act, but will Dutch issuers be able to take full advantage?

Listing Act: expanded prospectus exemptions

On 24 April 2024 the European Parliament adopted the EU Listing Act, a legislative package that includes changes to the Prospectus Regulation, the Market Abuse Regulation, MiFID II and MIFIR. In this article we discuss these expanded prospectus exemptions

Restructuring & Insolvency in the Netherlands - 2024

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.

Stibbe advises GRW on the acquisition of Van Hool’s industrial vehicle division

Stibbe advised GRW, the South African tanker and trailer manufacturer allied with Schmitz Cargobull, on acquiring the industrial vehicle division of Van Hool, following the latter’s declaration of bankruptcy.

BNR: het faillissement van de Amsterdam Trade Bank

Bij BNR’s ‘Onder Curatoren’ vertelt Job van Hooff, curator en partner in Stibbe’s Restructuring & Insolvency praktijk, over de afwikkeling van het faillissement van Amsterdam Trade Bank.

Stibbe advises Nisshinbo Holdings Inc.

Stibbe assisted Nisshinbo Holdings Inc. in the sale and transfer of 100% of the shares of TMD Friction Group S.A. to AEQUITA.

Dutch Supreme Court answers questions on setoff before and during bankruptcy and suspension of payments

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.

Hello new school year, hello new insolvency legislation: amendments to insolvency law enter into force today

Today the Act of 7 June 2023 transposing the EU Restructuring Directive (2019/1023) enters into force.

Dutch Supreme Court decides on liability of de facto directors under Dutch law: ‘setting aside’ of formal directors is not required

In bankruptcy proceedings, directors under the articles of association of a Dutch B.V. or N.V. can be held liable by a bankruptcy trustee on the basis of specific articles of the Dutch Civil Code concerning manifestly improper management.

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