Answers to the most common questions about preventive restructuring for your business.
The Dutch Scheme Act (Wet Homologatie Onderhands Akkoord, WHOA) is a Dutch restructuring instrument for companies in financial distress. It is primarily intended for SMEs that want to prevent a technical bankruptcy by making an agreement with their creditors, including the Tax Authorities, legally enforceable.
In a bankruptcy, the company is liquidated and operations cease. The WHOA is aimed at allowing the company to continue. It provides a legal framework to draw up a restructuring plan under the guidance of an administrator and, after court approval, impose it on all creditors. Continuity is the central goal.
Yes, an important feature of the WHOA is that the plan can also be imposed on public creditors, such as the Tax Authorities. This makes it a powerful instrument for companies with significant tax debt, provided the plan meets the legal requirements and is ratified by the court.
We guide your company from the initial analysis through to court ratification. Our services include preparing the financial restructuring plan, negotiating with creditors, and the legal procedure. We act as your strategic partner to secure business continuity.
The ideal time is when there are persistent liquidity problems and a real prospect of insolvency, but the company is still viable. The sooner you take action, the more options and room for negotiation you have. Do not wait until a final payment order is issued.
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Our team of specialists is ready to guide your SME through WHOA procedures and financial restructuring. We help you secure business continuity.
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