Title I

The debtor, who is in the state of having ceased to pay, shall, either upon his own declaration or upon the petition of one or more of his creditors…

The declaration of bankruptcy is made by the court of the domicile of the debtor.

If a petition for a declaration of bankruptcy concerns a natural person and he has not submitted a petition to pronounce the application of the debt…

If a petition for a declaration of bankruptcy and a petition to pronounce the application of the debt restructuring scheme (schuldsaneringsregeling)…

Articles 3 and 3a shall remain inapplicable if a petition for a declaration of bankruptcy concerns a debtor in respect of whom the debt restructuring…

If an own declaration or a petition (application) for a declaration of bankruptcy and a petition (application) for the appointment of a restructuring…

The declaration of bankruptcy is made and the petition to that effect is filed at the registry and heard in chambers with the utmost urgency. The…

The petitions referred to in the preceding article and in Articles 5a, 8, 9, 10, 11, 15c, paragraph 2, 42a, 67, 155, 166, 198, 206, 371, paragraph 1…

A petition for the opening of a group coordination procedure as referred to in Article 61 of the regulation mentioned in Article 5, paragraph 3, may…

The court may order that the debtor be summoned to be heard in person or by an authorised representative. The registrar shall issue the summons in…

Pending the investigation, the court may, upon request, grant the petitioner leave to have the estate sealed. It may attach thereto the condition of…

The debtor, who has been declared bankrupt after having been heard on the application for a declaration of bankruptcy, has the right of appeal for…

In the event of the rejection of the declaration or petition for a declaration of bankruptcy, a right of appeal exists for eight days after the day…

Every creditor, with the exception of the person who petitioned for the declaration of bankruptcy, and every interested party has the right of…

The creditor or the interested party, whose opposition referred to in the preceding article has been dismissed by the court, has the right of appeal…

Against the judgment rendered by the court of appeal, the debtor, the creditor who petitioned for the declaration of bankruptcy, the creditor or…

If, as a result of opposition, appeal or cassation, the declaration of bankruptcy is set aside, the acts performed by the bankruptcy trustee before…

If the declaration of bankruptcy is annulled, the termination of an employment contract by a bankruptcy trustee is, in derogation from Article 13…

The judgment declaring the bankruptcy includes the appointment of one or more members of the court as supervisory judge in the bankruptcy, and the…

If the court appoints multiple supervisory judges (rechters-commissarissen), they are authorised, both individually and jointly, to exercise the…

As soon as a judgment declaring bankruptcy has been quashed as a result of opposition, appeal or cassation, and in the first two cases the time limit…

If a declaration of bankruptcy is pronounced on appeal or in cassation with the setting aside of a judgment or ruling whereby the declaration or…

If it cannot reasonably be concluded that the bankrupt has not submitted a petition (application) to declare the debt restructuring scheme applicable…

Against the judgment containing the decision for the termination of the bankruptcy and for the application of the debt restructuring scheme, no legal…

If the bankruptcy is lifted with the simultaneous declaration of the application of the debt restructuring scheme (schuldsaneringsregeling), the…

If insufficient assets are available for the satisfaction of the bankruptcy costs and the other estate debts, the court may, on the recommendation of…

The order for the handling of the bankruptcy free of charge results in an exemption from court fees.

The order directing the termination of the bankruptcy shall be made public in the same manner as the judgment declaring the bankruptcy, and the…

A central public register is kept, for the purposes of which the registrar of the court, for each bankruptcy separately, stating the date, enters the…

The central register, in which the data referred to in Article 19, paragraph 1, are entered, is kept by Our Minister of Justice or, if another body…

In the case referred to in Article 14, paragraph 4, the particulars relating to the insolvency proceedings referred to therein shall be entered in…

The bankruptcy comprises the entire property of the debtor at the time of the declaration of bankruptcy, as well as that which he acquires during the…

Nevertheless, the following remain outside the bankruptcy:

In the preceding article, the term 'bankrupt' also includes the spouse or the registered partner of the person married or registered as a partner…

With regard to a life insurance contract, the following furthermore fall outside the estate:

By the declaration of bankruptcy, the debtor loses by operation of law the disposition and management of his property belonging to the bankruptcy…

For obligations of the debtor arising after the declaration of bankruptcy, the estate is not liable except to the extent that it has benefited as a…

Legal actions which have as their subject rights or obligations belonging to the bankrupt estate are instituted both against and by the bankruptcy…

Legal actions which have as their purpose the satisfaction of an obligation from the estate may, during the bankruptcy, be instituted also against…

If the legal action is pending at the time of the declaration of bankruptcy and has been instituted by the debtor, the proceedings shall be suspended…

If the legal action is pending at the time of the declaration of bankruptcy and has been instituted against the debtor, the plaintiff is entitled to…

Insofar as legal actions pending at the time of the declaration of bankruptcy have as their objective the satisfaction of an obligation from the…

If, prior to the declaration of bankruptcy, the documents of the proceedings have been submitted to the judge for the rendering of a decision…

If an action is continued by or against the bankruptcy trustee, or also, in the case of Article 29, against a creditor, the bankruptcy trustee or…

Articles 27 to 31 inclusive apply mutatis mutandis with respect to rights of action concerning property or a right over which the debtor has lost the…

The judgment declaring the bankruptcy has the consequence that all judicial execution on any part of the assets of the debtor, commenced prior to the…

If, prior to the bankruptcy of the debtor, the execution against his assets had progressed to such an extent that the day of the sale had already…

If, on the day of the declaration of bankruptcy, not all acts necessary for a delivery by the debtor have yet taken place, the delivery can no longer…

If a stipulation as referred to in Article 252 of Book 6 of the Civil Code had not yet been registered in the public registers on the day of the…

From a gift made by the debtor subject to a suspensive condition or a suspensive time stipulation, which had not yet been fulfilled or arrived on the…

When a limitation period concerning a right of action, as referred to in Article 26, would expire during the bankruptcy or within six months after…

If a period which, prior to the declaration of bankruptcy, had been set for the debtor pursuant to Article 55, paragraph 2, of Book 3 or Article 88…

If, at the time of the declaration of bankruptcy, a reciprocal agreement has not been performed at all or has been performed only in part by both the…

For claims which the counterparty has acquired against the debtor by virtue of the dissolution or annulment of an agreement concluded with the latter…

A counterparty is not entitled to suspend towards the debtor the performance of its obligation arising from an agreement for the regular delivery of…

If, in the case of Article 37, the delivery of goods traded on a forward basis on an exchange is stipulated at a fixed time or within a specific…

If the bankrupt is the hire-purchaser, both the trustee in bankruptcy and the seller may declare the hire purchase or the hire purchase of a ship…

If the bankrupt is the lessee, both the bankruptcy trustee and the lessor may terminate the lease prematurely, provided that notice of termination is…

Employees in the service of the bankrupt may terminate the employment contract and, reciprocally, their employment contract may be terminated by the…

Inheritances devolving upon the bankrupt during the bankruptcy are accepted by the trustee only under the benefit of inventory.

The bankruptcy trustee may, for the benefit of the estate, annul by an extrajudicial declaration any juridical act which the debtor performed without…

A juridical act performed after the debtor has deposited a declaration at the registry of the court as referred to in Article 370, paragraph 3, or…

If the juridical act by which the creditors have been prejudiced was performed within one year prior to the declaration of bankruptcy and the debtor…

In the event of prejudice caused by a gratuitous juridical act, which the debtor has performed within one year prior to the declaration of…

The satisfaction by the debtor of a due and payable debt can only be annulled if it is demonstrated either that the person who received the payment…

Pursuant to the preceding article, no recovery can be made from the person who, as the holder of an instrument to order or to bearer, was obliged to…

Legal actions based on the provisions of Articles 42-48 are instituted by the curator.

Termination of the bankruptcy by the homologation of a composition causes the rights of action referred to in the preceding article to lapse, unless…

That which has left the estate of the debtor through the annulled juridical act must be returned to the trustee in bankruptcy by those against whom…

Satisfaction made to the bankrupt after the declaration of bankruptcy but before the publication thereof, in performance of obligations towards him…

A person who is both debtor and creditor of the bankrupt may set off his debt against his claim on the bankrupt, if both arose before the declaration…

Nevertheless, the person who has taken over a debt to the bankrupt or a claim against the bankrupt from a third party prior to the declaration of…

The debtor of the bankrupt who wishes to set off his debt against a claim to order or to bearer, is obliged to prove that he had already acquired the…

He who is a participant with the bankrupt in a community of which a partition takes place during the bankruptcy, may demand the application of…

Pledgees and mortgagees may exercise their rights as if there were no bankruptcy.

The bankruptcy trustee may set a reasonable time limit for the pledgees and mortgagees to proceed to exercise their rights in accordance with the…

If the proceeds are insufficient to satisfy a pledgee or mortgagee, or any person whose limited right has been extinguished by the execution, he may…

Articles 57-59 do not apply when the mortgage rests on an aircraft that is registered in the public registers, referred to in Section 2 of Title 1 of…

The creditor who has a right of retention on a thing belonging to the debtor does not lose this right by the declaration of bankruptcy.

If the estate of the bankrupt includes property under administration and creditors have presented themselves for verification who can take recourse…

If, pursuant to the preceding article, assets have remained outside the bankruptcy and the administrator has ceased paying the creditors who can…

The spouse or registered partner of the debtor takes back all property belonging to him and not falling into the matrimonial community or…

The bankruptcy of the person who is married in any community of property or has entered into a registered partnership in any community of property is…

The supervisory judge may, upon the petition of any interested party or ex officio, by written order declare a cooling-off period, during which any…

In the event that the debtor, in accordance with Article 239, paragraph 1, of Book 3 of the Civil Code, has established a right of pledge on a…

During the cooling-off period, the collector who has levied an attachment as referred to in Article 22, paragraph 3, of the Invorderingswet 1990, may…

Excluded from the assets referred to in Article 63a, paragraph 1, are the assets that are pledged pursuant to a financial collateral agreement as…

In derogation from Articles 23 and 35, the declaration of bankruptcy of a debtor under a financial collateral arrangement as referred to in Article…

The supervisory judge supervises the management and liquidation of the bankrupt estate.

Before giving a decision in any matter concerning the administration or the liquidation of the bankrupt estate, the court is obliged to hear the…

The supervisory judge is authorised, for the clarification of all circumstances concerning the bankruptcy, to hear witnesses or to order an…

An appeal may be lodged with the court against all orders of the supervisory judge within five days, calculated from the day on which the order is…

The trustee in bankruptcy is charged with the administration and liquidation of the bankrupt estate.

Any creditor, the creditors' committee and also the bankrupt may, by submitting a petition (application), challenge any act of the bankruptcy trustee…

If more than one curator is appointed, the consent of the majority or, in the event of an equality of votes, a decision of the supervisory judge is…

Without prejudice to the provisions of Article 15, paragraph 3, the salary of the trustee in each bankruptcy is determined by the court.

The absence of the authorization of the supervisory judge, where such is required, or the non-observance of the provisions contained in Articles 78…

The court has the power at any time, after having heard him or having properly summoned him, to dismiss the curator and to replace him with another…

The curator shall, each time after the expiry of three months, issue a report on the state of the estate. The curator shall deposit his report at the…

By the judgment declaring the bankruptcy or by a subsequent order, the court may, having regard to the size or the nature of the bankruptcy…

Whether or not a provisional creditors' committee has been appointed, the supervisory judge shall, at the verification meeting, after the conclusion…

The court or the supervisory judge may, upon the establishment of the provisional or definitive creditors' committee, adopt regulations regarding the…

The committee may at any time demand inspection of the books, documents and other data carriers relating to the bankruptcy. The bankruptcy trustee is…

In order to obtain the advice of the committee, the curator meets with it as often as he deems necessary. At these meetings, he presides and keeps…

The trustee is obliged to seek the advice of the committee before instituting a legal action or continuing a pending one or defending against an…

The bankruptcy trustee is not bound by the advice of the committee. If he does not concur with it, he shall immediately give notice thereof to the…

In the meetings of creditors, the supervisory judge is the chairman.

The supervisory judge (rechter-commissaris) determines whether a meeting of creditors takes place physically, or in writing or by use of an…

At the meetings of creditors, resolutions are adopted by an absolute majority of votes of the creditors present. For every € 45, each creditor casts…

Entitled to vote are the acknowledged and the conditionally admitted creditors, as well as the bearer of a verified claim in the name of "bearer".

The creditors may appear at the meeting in person, by a proxy authorized in writing, or by an attorney.

In addition to the meetings prescribed by this Act, a meeting of creditors shall be held as often as the supervisory judge deems this necessary or a…

All orders in matters concerning the administration or the liquidation of the bankrupt estate are rendered by the court at last instance, except in…

All orders in matters concerning the administration or the liquidation of the bankrupt estate, including those which do not emanate from the court…

The court may, by the judgment declaring the bankruptcy or at any time thereafter, but in the latter case only on the recommendation of the…

The court has the power, upon the recommendation of the supervisory judge, or upon the petition of the bankrupt, to release him from secure custody…

In all cases in which the presence of the bankrupt is required at any specific activity concerning the estate, he may, if he is in secure custody, be…

During the bankruptcy, the bankrupt may not leave his domicile without the permission of the supervisory judge (rechter-commissaris).

The curator shall, immediately after the acceptance of his office, provide for the safekeeping of the estate by all necessary and appropriate means…

The curator shall, if he or the supervisory judge deems this necessary, immediately cause the estate to be sealed by a civil-law notary.

The curator has access to any place, insofar as this is reasonably necessary for the performance of his duties. The supervisory judge is competent to…

The bankruptcy trustee shall proceed as soon as possible to draw up an inventory of the bankrupt estate.

A statement of the property referred to in Article 21, No. 1, shall be attached to the description; those referred to in Article 92 shall be included…

The curator shall, immediately after the inventory of the estate, proceed to draw up a statement showing the nature and the amount of the assets and…

Copies, certified by the bankruptcy trustee, of the inventory of the estate and of the statement referred to in the preceding article, shall be…

The bankruptcy trustee is authorised to continue the business of the bankrupt. If no creditors' committee has been appointed, he requires the…

Pursuant to the order referred to in Article 14, the bankruptcy trustee shall open the letters and telegrams addressed to the bankrupt. Those which…

The bankruptcy trustee is authorised, according to the circumstances, to pay out a sum to be determined by the supervisory judge to provide for the…

The curator is authorised to alienate property.

The curator keeps all moneys, jewelry, securities and other papers of value under his immediate custody, unless another manner of custody is…

The curator may not dispose of moneys, jewellery, securities and other valuable documents which, as determined by the supervisory judge, are kept by…

The bankruptcy trustee is, after obtaining the advice of the creditors' committee, if any, and subject to the approval of the supervisory judge…

The bankrupt is obliged to provide the bankruptcy trustee, the creditors' committee and the supervisory judge (rechter-commissaris) with all…

The bankrupt shall provide the bankruptcy trustee with full cooperation in the administration and liquidation of the estate.

Third parties, including accountancy organisations and an external auditor, who, in the exercise of their profession or business, in any manner…

In the event of the bankruptcy of a legal person, the provisions of Articles 87 up to and including 92, 105, paragraphs 1 and 2, as well as 105a…

Upon the claim of the bankruptcy trustee or upon the petition (application) of the Public Prosecution Service, the court may impose a director's…

A director upon whom a director's disqualification has been imposed cannot, for a period of five years after the judgment has acquired the force of…

In the event of a petition or claim for the imposition of a director's disqualification, an extract from the Commercial Register shall be submitted…

For the purposes of Articles 106a up to and including 106c, the person who has determined or co-determined the policy of the legal entity as if he…

Articles 106a up to and including 106d apply mutatis mutandis to directors, former directors, supervisory directors and de facto managers of a…

The registrar is obliged to provide every creditor, at his request and at his expense, with a copy of the documents which, pursuant to any provision…

The supervisory judge determines, after the judgment declaring the bankruptcy has acquired the force of res judicata, if necessary, the day, time and…

The curator shall immediately give written notice of the order referred to in Article 108 to all known creditors.

The submission of claims is effected by or with the trustee by the production of an account or other written statement, indicating the nature and the…

In the event of an incompletely filled out standard form as referred to in Article 55 of the regulation mentioned in Article 5, paragraph 3, the…

The bankruptcy trustee verifies the submitted statements of account against the records and statements of the bankrupt, enters into consultation with…

The curator places the claims which he approves on a list of provisionally recognised debt claims, and the claims which he disputes on a separate…

In the lists referred to in the preceding article, each claim shall be described, and it shall be indicated whether, in the opinion of the…

A copy of each of the lists referred to in Article 112 shall be deposited by the curator at the registry of the court, to be available there for…

The bankruptcy trustee shall give written notice to all known creditors of the depositing of the lists effected pursuant to Article 114, to which he…

The bankrupt shall participate in the verification meeting in a manner to be determined by the supervisory judge, in order to provide there all…

The obligations of the bankrupt referred to in Article 116 rest, in the event of the bankruptcy of a legal entity, upon each of the persons referred…

During the verification meeting, or the further verification meeting, the creditors shall be duly informed by or on behalf of the supervisory judge…

The oath referred to in the second paragraph of the preceding article is taken in person or by a representative specially authorized for that purpose…

The claims which are not disputed are transferred to a list of admitted creditors to be included in the official report. On the order and bearer…

In the event of a contestation, the supervisory judge attempts a settlement. If he cannot reconcile the parties, and insofar as the dispute is not…

When the contestation has been made by the bankruptcy trustee, the course of the legal proceedings is suspended by operation of law by the court…

The creditor whose claim is disputed is not bound to produce any further or additional evidence in support thereof than he would have to produce…

If the creditor, whose claim is disputed, is not present at the meeting, the registrar shall immediately give him notice of the dispute raised and…

Claims which are disputed may be conditionally admitted by the supervisory judge up to an amount to be determined by him. When the priority is…

The bankrupt is also entitled, upon a summary statement of his grounds, to oppose the admission of a claim, either in whole or in part, or the…

Claims shall be submitted to the bankruptcy trustee no later than fourteen days before the day of the first verification meeting, referred to in…

Interest accruing after the declaration of bankruptcy cannot be verified, unless secured by pledge or mortgage. In such case, it is verified *pro…

A claim subject to a resolutory condition is verified for the entire amount, without prejudice to the operation of the condition when it is fulfilled.

A claim subject to a condition precedent may be verified for its value at the time of the declaration of bankruptcy.

A claim, of which the time of exigibility is uncertain, or which gives a right to periodic payments, is verified for its value on the day of the…

Creditors whose claims are secured by pledge, mortgage or right of retention, or are privileged on a specific asset, but who can demonstrate that a…

Claims, the value of which is indeterminate, uncertain, not expressed in Dutch currency or not expressed in money at all, shall be verified at their…

Debt claims to bearer may be verified in the name of "bearer". Each claim verified in the name of "bearer" is regarded as the claim of a separate…

If one or more of joint and several debtors are in a state of bankruptcy, the creditor may, in the bankruptcy of that debtor, or in the bankruptcy of…

Upon the conclusion of the verification, the trustee shall issue a report on the state of the estate, and shall provide all information requested by…

The bankrupt is authorised to offer a composition to his joint creditors. The bankrupt lacks this authority if the bankruptcy trustee has concluded…

If the bankrupt has deposited a draft composition at the registry of the court, at least eight days before the meeting for the verification of…

The trustee and the creditors' committee shall each separately issue a written opinion on the proposed composition at the meeting or as soon as…

The consultation and decision are postponed until a subsequent meeting to be determined by the supervisory judge at most three weeks later:

When the consultation and voting on the agreement, pursuant to the provisions of the preceding article, are postponed to a subsequent meeting…

Excluded from the voting on the composition are the creditors to whose claim priority is attached, including those whose priority is disputed, unless…

The bankrupt is authorised to appear for the explanation and defence of the composition and to amend it during the deliberation.

For the adoption of the composition, the consent is required of the simple majority of the recognized and conditionally admitted unsecured creditors…

Notwithstanding Article 145, the supervisory judge may, upon the petition of the debtor or the bankruptcy trustee, by a reasoned order, approve an…

Subsequent changes, in the number of creditors or in the amount of the claims, do not affect the validity of the acceptance, establishment or…

The official report of the meeting states the contents of the agreement, the names of the creditors entitled to vote who appeared, the vote cast by…

Both the creditors who voted in favour and the bankrupt may, during eight days after the conclusion of the meeting, petition the court for correction…

If the agreement is adopted or established, the supervisory judge shall, before the closing of the meeting, fix the hearing at which the court will…

During that time, the creditors may state in writing to the supervisory judge the reasons why they deem refusal of the homologation desirable.

On the appointed day, a written report is presented at a public hearing by the supervisory judge, and each of the creditors may, in person, by a…

On the same day, or otherwise as soon as possible, the court gives its reasoned order.

Within eight days after the order of the court, if the homologation is refused, both the creditors who voted in favour of the composition and the…

The appeal is lodged by filing a petition at the registry of the court of appeal which must take cognizance of the case. The presiding judge…

An appeal in cassation is lodged and dealt with within the same time limits and in the same manner.

The homologated composition is binding upon all non-preferred creditors, without exception, irrespective of whether or not they have appeared in the…

After rejection or refusal of the homologation of the composition, the bankrupt may no longer offer a composition in the same bankruptcy.

The judgment of homologation that has become final and conclusive constitutes, in conjunction with the official report of the verification, for the…

Notwithstanding the composition, the creditors retain all their rights against the sureties and other co-debtors of the debtor. The rights which they…

As soon as the homologation of the composition has become final and unappealable, the bankruptcy ends. The bankruptcy trustee shall ensure the…

After termination of the bankruptcy in accordance with Article 161, verifiable claims which have not been submitted for verification within the time…

After the homologation has acquired the force of res judicata, the bankruptcy trustee is obliged, before the supervisory judge, to render an account…

The amount to which verified creditors can lay claim by virtue of a recognized preference, as well as the costs of the bankruptcy, must be deposited…

As regards claims of which the privilege has been conditionally admitted, the obligation of the debtor referred to in the preceding article is…

Dissolution of the homologated agreement may be claimed by any creditor towards whom the debtor fails to comply with the contents thereof.

The claim for the dissolution of the composition is brought and decided in the same manner as is prescribed with respect to the petition for a…

In the judgment by which the dissolution of the composition is pronounced, the reopening of the bankruptcy is also ordered, with the appointment of a…

Articles 13, paragraph 1, 15-18 and those contained in the second, third and fourth sections of this title are applicable upon the reopening of the…

The acts performed by the debtor in the time between the homologation of the composition and the reopening of the bankruptcy are binding on the…

After the reopening of the bankruptcy, a composition cannot be offered again.

If, during the reopening, the composition has already been fully or partially satisfied towards any creditors, the percentages promised under the…

The preceding article is equally applicable if the estate of the debtor, while the composition has not yet been fully complied with by him, is again…

The provisions of this section apply mutatis mutandis in the event that an agreement is offered pursuant to Article 47, paragraph 1, of the…

If no further verification meeting has been fixed or no composition has been offered at the verification meeting, or if the offered composition has…

If no composition has been offered at the verification meeting or if the offered composition has been rejected, the bankruptcy trustee or a creditor…

The proposal is adopted if creditors, representing more than half of the recognized and conditionally admitted claims which are not secured by…

If, within eight days after the homologation of a composition has been definitively refused, the bankruptcy trustee or a creditor submits a proposal…

The curator and the creditors may, for a period of eight days after the conclusion of the meeting, request the court to declare nevertheless that the…

The supervisory judge may, upon the petition of a creditor or of the liquidator, order that the continuation of the business be ceased. Upon this…

If a proposal for the continuation of the business is not made or not made in a timely manner, or if it is rejected, or if the continuation is…

The property is sold in public or, with the permission of the supervisory judge, privately. No permission of the supervisory judge is required…

The trustee may, for the purpose of the liquidation, make use of the services of the bankrupt, against a remuneration to be determined by the…

After the estate has become insolvent, the supervisory judge may, on a day, at a time and at a place to be determined by him and in a manner…

Whenever, in the opinion of the supervisory judge (rechter-commissaris), sufficient ready funds are available, he shall order a distribution to the…

The trustee (curator) draws up the distribution list each time and submits it for the approval of the supervisory judge (rechter-commissaris). The…

For the conditionally admitted claims, the percentages on the full amount are set aside on the distribution list.

The general bankruptcy costs are apportioned over each part of the estate, with the exception of that which, after an execution in accordance with…

The distribution list approved by the supervisory judge shall be available at the registry of the court for ten days for inspection free of charge by…

During the period referred to in the preceding article, any creditor may lodge an objection against the distribution list by submitting a reasoned…

If opposition (verzet) has been lodged, the supervisory judge (rechter-commissaris) shall determine, immediately after the expiry of the period for…

An appeal in cassation against the order of the court may be lodged by the curator and by any creditor within eight days after it has been given.

By delivery pursuant to a sale by the trustee in bankruptcy and payment of the purchase price, all mortgages resting on the sold property are…

The distribution set aside for a conditionally admitted creditor is not paid out as long as his claim has not been decided upon. If it ultimately…

If any property with respect to which a creditor has priority is sold after a distribution has already been made to him pursuant to Article 179 in…

After the expiry of the period for inspection referred to in Article 183, or after the pronouncement of the judgment on the opposition, the curator…

As soon as the full amount of their claims has been paid to the verified creditors, or as soon as the final distribution list has become binding, the…

If, after the final distribution, distributions reserved pursuant to Article 189 revert to the estate, or should it appear that there are still…

Upon the final distribution list becoming binding, the creditors regain, for their claims, insofar as these have remained unsatisfied, their rights…

The admission of a claim referred to in paragraph 4 of Article 121 has the force of res judicata against the debtor; the official report of the…

The provision of the preceding article does not apply insofar as the claim is disputed by the bankrupt in accordance with Article 126.

Creditors who, after the declaration of bankruptcy, have separately recovered their claim, in whole or in part, against property located abroad of…

The creditor who transfers his claim against the bankrupt, in whole or in part, to a third party, in order to enable the latter to recover that…

An equal obligation to pay compensation to the estate rests on the person who transfers his claim or his debt in whole or in part to a third party…

After the bankruptcy has ended in accordance with Articles 161 or 193, the debtor or his heirs are entitled to submit a petition for rehabilitation…

The debtor or his heirs are inadmissible in this petition, unless evidence is submitted with the petition showing that all acknowledged creditors…

Notice of the petition shall be published in the Government Gazette.

Every recognized creditor is entitled, within the period of two months after the prescribed announcement, to lodge an opposition against the petition…

After the expiry of the aforementioned two months, the court shall, irrespective of whether or not opposition has been lodged, upon the conclusion of…

Neither appeal nor appeal in cassation is permitted against the decision of the court.

The judgment by which the rehabilitation is granted is pronounced in open court, while a record thereof is also made in the register referred to in…

For the purposes of this section and section 11AA, the following definitions apply:

The time at which the declaration of bankruptcy is pronounced is, notwithstanding Articles 23 and 35, also the time from which the declaration of…

The registrar of the court immediately notifies De Nederlandsche Bank N.V. of the declaration of bankruptcy of a participant.

Our Minister of Finance may, having consulted De Nederlandsche Bank N.V., designate as a system a formal agreement between three or more…

In the event that an insolvency proceeding is opened against a participant, the rights and the obligations which it has arising from or in connection…

Notwithstanding Article 212t, the effects of a liquidation procedure on the rights of the bank to registered property are governed by the law of the…

Notwithstanding Article 212t, without prejudice to Article 212hh, the effects of a liquidation proceeding on the rights and obligations of…

In derogation from Article 212t, the legal validity of a juridical act, entered into for valuable consideration by the bank after the time of the…

In derogation from Article 212t, the effects of the liquidation proceedings on a pending legal action concerning an asset over which the bank has…

Article 212t does not apply to rules concerning the nullity, the voidability of legal acts detrimental to the general body of creditors, nor to the…

Notwithstanding Article 212t, the effects of liquidation proceedings on a netting agreement as referred to in Article 212a, point (m), shall be…

For the purposes of this section and section 11AB, the following definitions apply:

By way of derogation from Article 212t, without prejudice to Article 212hh, the effects of liquidation proceedings on an agreement whereby one party…

Notwithstanding Article 2, paragraph 1, the declaration of bankruptcy of a bank established in the Netherlands is made by the court of Amsterdam.

If De Nederlandsche Bank N.V. or the Resolution Board, referred to in Article 42 of the Single Resolution Mechanism Regulation, depending on which…

If the interest of the joint creditors in the winding-up of a bank with its seat in the Netherlands that does not have a licence granted by the…

De Nederlandsche Bank N.V. sends a copy of the petition to the bank and gives notice of the contents of the petition to the competent authorities of…

The court hears the petition of De Nederlandsche Bank N.V. for the declaration of bankruptcy or a declaration by the bank with the utmost urgency at…

The bank may, after having been given the opportunity to be heard, defend itself against the assessment of the Nederlandsche Bank N.V. that the…

The court pronounces the bankruptcy if it summarily appears that the conditions referred to in Article 18, paragraph 1, points (a) and (b), of the…

The court may, simultaneously with the pronouncement of the bankruptcy, or thereafter upon the petition of the bankruptcy trustee, grant an…

The court may, simultaneously with the pronouncement of the bankruptcy, or thereafter upon the petition (application) of the bankruptcy trustee…

As soon as the transfer of rights and obligations has taken place, the bankruptcy trustee shall give notice of the transfer and, in the event that…

Upon pronouncing the bankruptcy, the court appoints one of its members as supervisory judge (rechter-commissaris) and it appoints one or more…

De Nederlandsche Bank N.V. may require the bank that has been declared bankrupt, the legal entities that form a group with the bank as referred to in…

In derogation from Article 212t, the effects of a liquidation procedure on the exercise of the rights in financial instruments, the existence or…

An order as referred to in Article 212hb, 212hga, paragraph 1, or 212hgb, paragraph 1, is provisionally enforceable.

De Nederlandsche Bank N.V. may file a petition to declare a bank bankrupt without the intervention of a lawyer.

Except for the power to apply a coercive measure and the power to render a decision in a proceeding or a dispute, the curator from a Member State of…

In derogation from Article 212t, the effects of a liquidation procedure on employment contracts and other legal relationships concerning the…

De Nederlandsche Bank N.V. shall send a copy of its petition to the bank and shall give notice of the contents thereof to:

As proof of the appointment of the curator from a Member State other than the Netherlands, a certified true copy of the appointment decision or of…

De Nederlandsche Bank N.V. draws up a draft decision as referred to in Article 1:104, paragraph 5, of the Financial Supervision Act or revokes the…

Upon the petition of a liquidator from a Member State other than the Netherlands, the particulars relating to a liquidation procedure, opened in a…

If a measure as referred to in Section 3A.1.5 of the Financial Supervision Act applies to a bank simultaneously with an own declaration by the bank…

If the bankruptcy has been pronounced of a bank that is not established in a state of the European Union or a state that is a party to the Agreement…

If a bank is not established in a Member State of the European Union or a state that is a party to the Agreement on the European Economic Area, and…

After the notification referred to in Article 212c, De Nederlandsche Bank N.V. shall without delay notify the competent authorities of all other…

The bankruptcy trustee may not include in the reports referred to in Article 73a any data or information relating to third parties who are or have…

Without prejudice to Article 14, paragraph 3, the bankruptcy trustee shall publish the extract of the judgment declaring the bankruptcy in the…

The bankruptcy trustee shall immediately give written notice of the judgment declaring the bankruptcy to all known creditors.

The notification referred to in Article 212p, paragraph 1, to a known creditor with a habitual residence or domicile in a Member State, shall be made…

Notwithstanding Article 52, paragraph 2, payment after the publication of the declaration of bankruptcy of a bank which is not a natural person…

The following claims are recovered from the estate after the claims referred to in Article 288 of Book 3 of the Civil Code and before the claims of…

Immediately after the claims of unsecured creditors and before claims that are subordinated on any ground to unsecured creditors, claims arising from…

The submission of a claim pursuant to Article 110 also entails the submission of a claim with respect to the interest on that claim accruing from the…

The curator may make an interim distribution on certain claims, if the supervisory judge grants permission for this upon the petition of the curator.

The declaration of bankruptcy of a bank that has issued a covered bond as referred to in Article 1, point 1, of the covered bonds directive does not…

To the extent that this does not already follow from the law, claims arising from own funds items, referred to in Article 2, paragraph 1, point 38…

A decision taken in a home Member State other than the Netherlands to open liquidation proceedings with respect to a bank is recognised by operation…

The decision to open liquidation proceedings, the liquidation proceedings themselves and the legal consequences of the liquidation proceedings are…

The decision to open a liquidation procedure shall not affect the right in rem of a creditor or a third party in respect of an asset or assets, both…

In the event that the bank has purchased an asset, the decision to open liquidation proceedings shall not affect the rights of the seller based on a…

If the person who is both creditor and debtor of the bank is entitled to set off his debt against the claim on the bank under the law applicable to…

Articles 212u up to and including 212w do not preclude a claim from being instituted for the nullity, annulment or unenforceability of a juridical…

Notwithstanding Article 212t, the effects of liquidation proceedings on a contract conferring the right to the enjoyment or the acquisition of an…

Section 11AA is, with the exception of Articles 212ha up to and including 212hi, Articles 212k up to and including Article 212n, and Articles 212ra…

Section 11AA applies *mutatis mutandis*, with the exception of Articles 212hb, 212k, 212ra and 212re, to a financial holding company, mixed financial…

For the purposes of this section, the following definitions apply:

Notwithstanding Article 2, paragraph 1, the declaration of bankruptcy of an insurer having its seat in the Netherlands is made by the court of…

Except for the power to apply a coercive measure and the power to make a ruling in a proceeding or a dispute, the curator from a Member State of…

If the interest of the joint creditors in the winding-up of the business of an insurer that does not have a licence granted by De Nederlandsche Bank…

De Nederlandsche Bank N.V. may petition the court of Amsterdam to declare the bankruptcy in respect of an insurer if the conditions referred to in…

The court is authorized to inspect or to cause to be inspected, by experts appointed by it for that purpose, the business data and documents of the…

The court hears the petition of De Nederlandsche Bank N.V. for the pronouncement of the bankruptcy or a declaration by the insurer with the utmost…

The insurer may, after having been given the opportunity to be heard, defend itself against the opinion of De Nederlandsche Bank N.V. that a…

The court pronounces the bankruptcy if it summarily appears that a situation as referred to in Article 213a bis, paragraph 1, occurs.

The court may, simultaneously with the declaration of bankruptcy, or thereafter upon the petition of the bankruptcy trustee, grant an authorization…

The court may, simultaneously with the declaration of bankruptcy, or thereafter upon the petition (application) of the bankruptcy trustee, grant an…

As soon as the transfer of rights and obligations has taken place, the curator shall announce the transfer and, in the event the agreement has been…

An order as referred to in Articles 213agb and 213aga, paragraph 1, is provisionally enforceable.

Without prejudice to Article 1, De Nederlandsche Bank N.V. may petition the Amsterdam District Court to declare the bankruptcy in respect of a parent…

De Nederlandsche Bank N.V. may file a petition to declare an insurer bankrupt without the intervention of a lawyer.

For proof of the appointment of the curator from a Member State other than the Netherlands, a certified true copy of the appointment decision or of…

De Nederlandsche Bank N.V. sends a copy of its petition to the insurer and gives notice of the contents thereof to:

Upon the petition of a liquidator from a Member State other than the Netherlands, the data relating to a liquidation procedure, opened in a Member…

De Nederlandsche Bank N.V. revokes the licence of the insurer if the latter still holds a licence at the time of the declaration of bankruptcy.

If an insurer with its seat outside the European Union has a branch in the Netherlands and one or more branches in other Member States, both the…

The bankruptcy trustee may not include in the reports referred to in Article 73a any data or information relating to third parties who are or have…

This section applies to insurers with a limited risk profile as referred to in Article 1:1 of the Financial Supervision Act.

The registrar notifies De Nederlandsche Bank N.V. without delay of the judgment declaring the bankruptcy and of the authorizations referred to in…

Articles 213a, paragraph 1, 213abis, paragraph 3, 213b, 213i and 213k, paragraph 1, shall apply mutatis mutandis to insurers with a limited risk…

De Nederlandsche Bank N.V. sends a copy of its petition, referred to in Article 213b, to the insurer with a limited risk profile and gives notice of…

The bankruptcy trustee shall immediately give written notice to all known creditors of the judgment declaring the bankruptcy, of the transfer…

The registrar notifies De Nederlandsche Bank N.V. without delay of the decision declaring bankruptcy.

Notwithstanding Article 213o, the effects of the liquidation proceedings on a pending legal action concerning an asset over which the insurer has…

The notice, referred to in Article 213i, paragraph 1, to a known creditor with a habitual residence or domicile in a Member State, who has a claim…

De Nederlandsche Bank N.V. informs the supervisory authorities of the states designated pursuant to Article 2:50 of the Financial Supervision Act…

The curator shall regularly notify all known creditors in an appropriate manner of at least the progress of the proceedings.

If the counterparty of the insurer has undertaken to pay premium in instalments and it has not yet paid the last instalment at the time of the…

The bankruptcy trustee may, of his own motion or upon the written request of the counterparty, with the permission of the supervisory judge…

In the event of a declaration of bankruptcy of a funeral insurer in kind (natura-uitvaartverzekeraar) pursuant to this section, the estate debts…

Articles 213ma up to and including 213mk apply mutatis mutandis.

Notwithstanding Article 131, paragraph 2, claims arising from an insurance, falling due after the day on which the bankruptcy commenced, shall be…

In the event of a declaration of bankruptcy pursuant to this section, the estate debts shall, depending on the nature of the estate debt concerned…

The curator requests permission from the supervisory judge to make interim periodic distributions or, as the case may be, a one-off distribution…

In derogation from Article 213ma, the curator shall not request permission to make an interim distribution as referred to in Article 213ma prior to…

In his petition, the bankruptcy trustee makes it plausible that the percentage that the relevant creditors receive on their claims as a result of the…

The curator makes the interim distributions for which the supervisory judge has granted permission.

The curator requests permission to make a payment as referred to in Article 213ma to, for the benefit of:

An interested party who is of the opinion that the curator, contrary to Article 213ma or 213me, paragraph 1, does not request permission from the…

Article 213ma does not apply if a creditor has a claim as referred to in Article 213ma against both the insurer that has been declared bankrupt and…

If the amount that a creditor has received in interim periodic payments is greater than the amount for which his claim is verified, and prior to the…

Insofar as the estate has a claim against a creditor because the latter has received more in interim distributions than the amount for which his…

The curator may, with the permission of the supervisory judge, terminate an interim periodic payment or modify the amount or the frequency thereof.

Notwithstanding Article 67:

A decision taken in a home Member State other than the Netherlands to open liquidation proceedings with respect to an insurer is recognized by…

The decision to open a liquidation proceeding, the liquidation proceeding itself and the legal consequences of the liquidation proceeding are…

The decision to open liquidation proceedings shall not affect the right in rem of a creditor or a third party in respect of an asset or assets, both…

In the event that the insurer has purchased an asset, the decision to open a liquidation procedure shall not affect the rights of the seller based on…

If the person who is both a creditor and a debtor of the insurer is entitled to set off his debt against the claim against the insurer under the law…

Articles 213p up to and including 213r do not preclude the institution of a claim for the nullity, annulment or unenforceability of a juridical act…

In derogation from Article 213o, the effects of a liquidation procedure on employment contracts and other legal relationships concerning the…

Notwithstanding Article 213o, the effects of a liquidation procedure on a contract conferring the right to the enjoyment or the acquisition of…

Notwithstanding Article 213o, the consequences of liquidation proceedings for the rights of the insurer to registered property are governed by the…

In derogation from Article 213o, without prejudice to Article 213p, the effects of liquidation proceedings on the rights and obligations of…

In derogation from Article 213o, the legal validity of a juridical act, entered into for valuable consideration by the insurer after the time of the…

Article 213o does not apply to rules concerning the nullity, the voidability of legal acts detrimental to the creditors as a whole, nor to the rules…

For the purposes of this section, the following is understood to mean:

Notwithstanding Article 2, paragraph 1, the declaration of bankruptcy of a central counterparty established in the Netherlands is pronounced by the…

De Nederlandsche Bank N.V. may petition the District Court of Amsterdam to declare bankruptcy with respect to a central counterparty if the…

The central counterparty may, after having been given the opportunity to be heard, defend itself against the assessment of De Nederlandsche Bank N.V…

The court declares the bankruptcy if it summarily appears that the conditions referred to in Article 22, paragraph 1, points a and b of the…

Articles 212he, 212hga, paragraph 1, and 212i shall apply mutatis mutandis, on the understanding that 'bank' shall be read as 'central counterparty'.

Article 10 is not applicable.

If it is plausible that the available assets are insufficient to satisfy the unsecured claims therefrom in whole or in part, the supervisory judge…

The liquidator ascertains which claims are privileged or are secured by pledge, mortgage or right of retention.

The curator proceeds to the liquidation of the estate. Articles 175, paragraph 2, 176 and 177 apply mutatis mutandis.

The curator submits the distribution list to the supervisory judge (rechter-commissaris) for approval.

During the period mentioned in Article 137d, paragraph 2, any creditor may lodge an objection against the distribution list deposited at the registry…

Upon expiry of the time limit referred to in Article 137d, paragraph 2, or, if an objection has been lodged, after the order on the objection has…

If during the liquidation assets arise which are of such a magnitude that from the proceeds thereof unsecured claims can also be satisfied in whole…