Title II

The debtor who foresees that he will be unable to continue paying his due and payable debts may apply for a suspension of payments (surseance van…

The petition with accompanying documents is deposited at the registry of the court, for free inspection by anyone. If the debtor is a parent company…

Every creditor has the right of opposition against the provisional granting of a suspension of payments for eight days after the day on which the…

The registrar shall immediately publish an announcement in the Government Gazette (Staatscourant) of the filing of the petition, of the provisional…

The suspension is deemed to have commenced at the beginning of the day on which it was provisionally granted.

On a specified day, the court shall hear in chambers the debtor, the supervisory judge, the administrators and the creditors who have appeared in…

For eight days after the day of the judgment, in the event of the rejection of the petition, the debtor, or, in the event the suspension of payments…

During the hearing of the appeal, the petition is not put to a vote again, but each creditor is entitled to participate in person, by a proxy…

Against the judgment rendered by the court of appeal, in the event of the rejection of the petition, the debtor, or, in the event the suspension of…

The order by which the suspension is definitively granted is provisionally enforceable, notwithstanding any legal remedy directed against it.

At each court, a public register is kept by the registrar, in which he enters for each suspension of payments separately, consecutively, stating the…

A central register is kept by our Minister of Justice or, if another body has been designated pursuant to Article 222a, paragraph 4, by that body, in…

Upon the definitive granting of the suspension of payments, the court determines its duration at a maximum of one and a half years. If the suspension…

Upon provisionally granting the suspension of payments, the court appoints one or more of its members as supervisory judge (rechter-commissaris), in…

Upon the petition of the administrators, the supervisory judge is authorised, for the clarification of all circumstances concerning the suspension of…

If more than one administrator has been appointed, the consent of the majority or, in the event of a tie of votes, a decision of the supervisory…

Upon the provisional granting of the suspension of payments, the court may make such provisions as it deems necessary for the protection of the…

Upon the provisional granting of the suspension of payments, the court may appoint one or more experts in order to, within a period to be determined…

The administrators shall, at the end of every three months, issue a report on the state of the estate. This report shall be dealt with as prescribed…

During the suspension of payments, the debtor is not authorized to perform any act of administration or disposition concerning the estate without the…

If the debtor is married in any community of property or has entered into a registered partnership in any community of property, the assets and…

During the suspension of payments, the debtor cannot be compelled to pay his debts referred to in Article 233, and all executions commenced for the…

The suspension of payments does not stay the progress of already pending legal actions, nor does it preclude the institution of new ones.

Article 231 applies mutatis mutandis with respect to legal claims concerning an asset or right over which the debtor has lost the management and…

The suspension of payments does not apply to:

The payment of all other debts, existing prior to the commencement of the suspension of payments (*surseance*), cannot, as long as the suspension of…

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

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

If a mutually binding agreement at the commencement of the suspension of payments (surseance) has not been performed at all or has been performed…

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

If, in the case of Article 236, the delivery of goods, which are traded on a forward basis on an exchange, has been stipulated for a fixed time or…

As soon as the suspension of payments has commenced, both the debtor, who is the hire purchaser, and the seller may declare the hire purchase or the…

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

As soon as the suspension of payments has commenced, the debtor, who is a lessee, may, with due observance of the provisions of Article 228…

As soon as the suspension of payments has commenced, the debtor may, with due observance of the provisions of Article 228, give notice of termination…

Satisfaction made to the debtor after the suspension of payments (surseance) has been provisionally granted but before the publication thereof, in…

The suspension of payments does not operate to the benefit of the sureties and other co-debtors.

The court may, upon the petition of any interested party or of its own motion, by written order declare a cooling-off period, during which any power…

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 Collection of State Taxes…

Excluded from the assets referred to in Article 241a, paragraph 1, are the assets that have been pledged pursuant to a financial collateral agreement…

Notwithstanding Article 217, the granting of a suspension of payments to a debtor under a financial collateral arrangement as referred to in Article…

After the suspension of payments has been granted, it may, upon the recommendation of the supervisory judge, upon the petition of the administrators…

During eight days after the day of the order, in the event of the withdrawal of the suspension of payments, the debtor, and, in the event the…

During eight days after the order of the court of appeal, the unsuccessful party may lodge an appeal in cassation.

As soon as an order, by which the suspension of payments is revoked, has become final, it shall be announced, as is prescribed in Article 216.

If the court is of the opinion that the examination of the petition for the withdrawal of the suspension of payments (surseance) will not have been…

The debtor is at all times entitled to petition the court for the revocation of the suspension of payments (surseance), on the ground that the state…

No later than on the eighth day preceding the day determined in accordance with Article 215 paragraph 2, but in any event no later than two months…

Against the judgment pronouncing the revocation of the provisionally granted suspension of payments and the application of the debt restructuring…

If the suspension of payments (surseance van betaling) is revoked with the simultaneous pronouncement of the application of the debt restructuring…

In the event of a petition for conversion as referred to in Article 51, paragraph 1, of the regulation mentioned in Article 5, paragraph 3, where it…

During a suspension of payments, a declaration of bankruptcy cannot, save for the possibility of Article 213ar, be petitioned for directly.

If the declaration of bankruptcy is pronounced pursuant to one of the provisions of this title or within one month after the end of the suspension of…

If the declaration of bankruptcy of an investment firm as referred to in Article 1:1 of the Financial Supervision Act, of a financial institution…

The remuneration of the experts, appointed pursuant to the provision of Article 226, and of the administrators is determined by the court and paid…

The provisions of international law of Articles 203-205 apply mutatis mutandis to a suspension of payments.

The debtor is authorised, at or after the petition for a suspension of payments, to offer a composition to those who have claims in respect of which…

The draft agreement is, if it is not kept at the registry of the court pursuant to Article 215, deposited there for inspection by anyone free of…

The draft composition lapses if, before the judgment of homologation of the composition has become final and unappealable, a judicial decision…

If the draft composition has been deposited at the registry simultaneously with the petition for the granting of a suspension of payments, the court…

The administrators shall immediately publish notice in the Government Gazette of both the order referred to in the preceding article and the deposit…

The submission of the claims is made to the administrators by the production of an account or other written statement, indicating the nature and the…

Article 110a applies mutatis mutandis.

The administrators verify the submitted accounts against the records and statements of the debtor, enter into consultation with the creditor if they…

The administrators place the claims submitted to them on a list, stating the names and places of residence of the creditors, the amount and the…

An interest-bearing claim is placed on the list with the addition of interest up to the commencement of the suspension of payments (*surseance*).

A claim subject to a suspensive condition may be placed on the list for its value at the commencement of the suspension of payments.

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

A copy of the list referred to in Article 259 shall be deposited by the administrators at the registry of the court, to be available there for…

The supervisory judge may, upon the petition of the administrators or ex officio, postpone the consultation and voting on the composition to a later…

At the meeting, both the administrators and the experts, if any, shall issue a written report on the proposed agreement. Article 144 applies mutatis…

The administrators are authorized to withdraw at the meeting any admission or contestation made by them.

The supervisory judge determines whether and up to what amount the creditors whose claims are disputed shall be admitted to the vote.

For the adoption of the composition, the consent is required of a simple majority of the recognized and admitted creditors appearing at the meeting…

Notwithstanding Article 268, the supervisory judge may, upon the petition of the debtor or the administrator, by reasoned order establish an offered…

The official record of the proceedings states the contents of the composition, the names of the appearing creditors entitled to vote, the vote cast…

If the composition has been declared rejected, the supervisory judge shall without delay notify the court of this rejection by sending the draft…

If the agreement has been adopted or established, the supervisory judge shall determine, before the closing of the meeting, the hearing at which the…

If the composition has been adopted, a written report shall be issued by the supervisory judge at a public hearing on the appointed day, and both the…

The court gives its reasoned decision as soon as possible.

The homologated composition is binding on all creditors in respect of whom the suspension of payments operates.

The judgment of homologation that has acquired the force of res judicata produces, in conjunction with the official report referred to in Article…

As long as no final decision has been made on the offered composition, the suspension of payments does not end by the expiry of the term for which it…

The suspension of payments terminates as soon as the homologation has become final and unappealable. The administrators shall give notice of this…

The court may, if the composition is not accepted, declare the debtor bankrupt by judgment. The court shall enable De Nederlandsche Bank N.V. to be…

If the court has declared the debtor to be in a state of bankruptcy, the latter has the right of appeal against the declaration of bankruptcy for…

Competent to institute the appeal in cassation is, if the court of appeal upholds the declaration of bankruptcy, the debtor and, if the court of…

With regard to the dissolution of the agreement, Articles 165 and 166 apply mutatis mutandis.

In a bankruptcy declared pursuant to Articles 272, 277 or 280, a composition cannot be offered.

Against the decisions of the court, given pursuant to the provisions of this title, no higher remedy is available, except in the cases in which the…

The petitions (applications), to be made pursuant to Articles 219, 223, 225, 242, 243, 247, 247b, second paragraph, 272, last paragraph, 278 and 280…

If there are more than 10,000 creditors, the names and places of residence of the creditors, as well as the amount of the claims of each of them…

If it appears that the number of creditors exceeds 5,000, the court may, upon the petition of the administrators, make the provisions described in…

The court may determine that the summonses of the creditors, referred to in Articles 215, paragraph 2, 256, paragraph 2, and 264, paragraph 2, shall…

The court may determine that certain types of claims or claims below a certain amount - which, however, may not exceed € 450 - need not be placed on…

The court may appoint a committee of representation, consisting of at least 9 members. In the composition of the committee, care shall be taken that…

If it is foreseeable that more than one distribution to the creditors will have to be made, the court may determine upon the homologation of the…

Section 11A applies mutatis mutandis to the granting of a suspension of payments to an institution as referred to in Article 212a, point a, with the…

Section 3.5.6 of the Financial Supervision Act applies mutatis mutandis to a suspension of payments that is granted to an investment firm as referred…