As already announced in the article of Marc Molhuysen and Olmo Weeshoff of 20 December 2021, the new Dutch pre-insolvency tool, ‘The Act regarding the binding approval of debt restructuring agreements’, widely referred to as the WHOA (Wet homologatie onderhands akkoord) or the “Dutch Scheme” entered into force on 1 January 2021.
The Dutch legislator has published a bill for a new pre-insolvency tool, which seeks to combine the best of the UK scheme of arrangement and the US Chapter 11 procedure. The new legislation will be formally called 'The Act regarding the binding approval of debt restructuring agreements'. Among restructuring professionals it is already widely referred to as the WHOA (Wet homologatie onderhands akkoord) or the "Dutch Scheme". Currently, the WHOA is pending final approval by the Dutch parliament and is expected to enter into force on 1 July 2020.
In September a draft bill was published for public consultation, pursuant to which a district court may be asked to confirm a restructuring plan between a company and its creditors and shareholders concerning the rescheduling and restructuring of debts to prevent bankruptcy. Confirmation from the district court results in the restructuring plan not only binding the creditors and shareholders involved, but also creditors and/or shareholders that have not voted in favour of the composition.
The INSOL International Channel Islands Seminar took place on 13 September 2017 in Guernsey, where tensions rose high as jurisdictions battled it out for the crown of the "go-to" jurisdiction for cross border restructurings.
A revision of Dutch insolvency law is being considered to introduce a new scheme of arrangement process. The process, based on English law schemes of arrangement, is likely to have far-reaching consequences for both Dutch insolvency and finance law.
FROM CREDITOR-CENTRIC TOWARDS DEBTORFOCUSSED INSOLVENCY LAW
Sanctioning of LBT Composition Plan Becomes Final
Citing public opposition to the bill, on Tuesday the president of Iceland vetoed legislation that would provide a state guarantee for repayment of approximately $5 billion of loans provided by the U.K.
Earlier today, DSB Bank N.V. (DSB) was declared bankrupt and ordered to liquidate, ending hopes the regional lender, which last week suffered a run on deposits and was subsequently put into receivership, might be sold or bailed out.
De Nederlandsche Bank (DNB) began the process of appointing receivers Monday for DSB Bank NA (DSB) after DSB experienced a “run” when rumors of its insolvency spread via Twitter and other outlets.
We are delighted to share with you our Financial Institutions Horizons 2021, which provides a snapshot of key legal topics and market trends across the globe, shaping the future of the financial institutions market.