Liquidation a company in the Netherlands

With an involvement of a liquidator
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Liquidation of companies firms, offshore companies in the Netherlands

If the company you plan to liquidate has receivables on its balance sheet or they exceed the payables, the best option for liquidation would be to proceed with the involvement of a liquidator in the Netherlands.

If the company has debts, Liquidation liquidation is not possible

Since the company's property must first be distributed among creditors (if there are any) or among shareholders (if there are no creditors)

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Package Silver Gold Platinum
Consultation
Turbo liquidation
Liquidation with the involvement of a liquidator
Bankruptcy
Total € 1500 € 3000* € 5000*
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Procedure for a company’s liquidation in the Netherlands with the involvement of a liquidator implies several steps

  1. The resolution of the Shareholders meeting includes an appointment of a liquidator. it can be either an individual or a company. By common practice the director of the company being dissolved is appointed to act as a liquidator, but the company’s Constitution may include other variants.
  2. A specific form filled in and accompanied with the required documents is sent to the Chamber of Commerce (KvK).
  3. After this the Chamber of Commerce (KvK) inserts the information into the Register that the company is in the liquidation process, and the tag “in liquidation’ appears in the Register.
  4. The liquidator completes the report about the company’s state, which indicates company’s financial balance. This report is submitted to the Chamber of Commerce (KvK) and deposited to the liquidated company’s office.
  5. An announcement about the liquidation is issued in a newspaper. Creditors have 2 months to assert their claims in court.
  6. Once the company no longer has assets to repay the company’s debt to creditors, the company can be permanently dissolved. For this:
    • the liquidator fills in the corresponding form, in which he indicates that the company no longer has receivables.
    • a depositary/custodian of the company’s documents is appointed, who will hold these documents for seven years.
    • the completed form is filed to the Chamber of Commerce (KvK) and the company is considered to be liquidated.

Risks associated with liquidation with the participation of a liquidator:

  1. The liquidator, like the director of the company, is responsible for the improper performance of his functions.
  2. A company liquidated with the participation of a liquidator can also be “reactivated” by a decision of the court in the following cases:
    • In case the liquidator failed to complete and file the company’s report to the Chamber of Commerce (KvK) about the company’s financial state,
    • In case there turn out assets on the balance of a company, which the liquidator was aware of, but took the decision on the liquidation. In this case, the court may find the liquidator guilty of hiding property, thereby causing damage to creditors. The liquidator will be responsible for his personal property for the debts of the company.
  1. Some agreements carried out by the company shortly before liquidation, and aimed at removing the company’s property from the assets from which debts can be repaid, may be declared void by the court (actio Pauliana). In other words, if a company sold/transferred a part of its property to third parties, thereby causing damage to creditors (i.e., sold it for a very low price or transferred it completely for free), then a claim may be brought against the third parties who received this property and the property they’ve received will be returned to the company.

Thus, the liquidator acts as a third party and an independent individual for an objective and transparent assessment of the debts of the liquidated company. He is responsible with his property for a poor quality of his duties.

Fast-Track liquidation of a company

If you need qualified advice on dissolving a business or you are looking for a professional legal support in the process of your company’s liquidation, then you can leave a request, and INN Tax & Legal advisors will assist you.

Risks associated with liquidation with the participation of a liquidator:

  1. The liquidator, like the director of the company, is responsible for the improper performance of his functions.
  2. A company liquidated with the participation of a liquidator can also be “reactivated” by a decision of the court in the following cases:
    • In case the liquidator failed to complete and file the company’s report to the Chamber of Commerce (KvK) about the company’s financial state,
    • In case there turn out assets on the balance of a company, which the liquidator was aware of, but took the decision on the liquidation. In this case, the court may find the liquidator guilty of hiding property, thereby causing damage to creditors. the liquidator will be responsible for his personal property for the debts of the company.
  1. Some agreements carried out by the company shortly before liquidation, and aimed at removing the company’s property from the assets from which debts can be repaid, may be declared void by the court (actio Pauliana). In other words, if a company sold/transferred a part of its property to third parties, thereby causing damage to creditors (i.e., sold it for a very low price or transferred it completely for free), then a claim may be brought against the third parties who received this property and the property they’ve received will be returned to the company.
Thus, the liquidator acts as a third party and an independent individual for an objective and transparent assessment of the debts of the liquidated company. He is responsible with his property for a poor quality of his duties.

Fast-Track liquidation of a company

If you need qualified advice on dissolving a business or you are looking for a professional legal support in the process of your company’s liquidation, then you can leave a request, and INN Tax & Legal advisors will assist you.

Request a consultation on company liquidation





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