As part of the legislative programme called ‘Recalibration of Bankruptcy Law’ the Dutch legislator has provided a statutory footing to the practice of pre packs (also known as “silent administration”). On 21 June 2016 the Dutch Lower House has adopted the legislative proposal Continuity of Enterprises Act I (the “Act”). The purpose of a pre-pack is to be able to prepare a possible upcoming bankruptcy in relative calm with the parties directly involved.
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