Kasteelmeester
Corporate Law • Liquidation • Risk

Turbo Liquidation: The cheap exit that may cost you dearly.

You want to wind up your BV. There are debts but no remaining assets. Your accountant recommends a "turbo liquidation" under Article 2:19 of the Dutch Civil Code. Just fill in a form at the Chamber of Commerce and the BV ceases to exist. No trustee, no costs. It sounds too good to be true. And it often is.

Turbo liquidation is intended for empty BVs without assets. In practice, however, it is frequently misused to quickly shake off creditors. What many business owners forget is that creditors (and the tax authorities) are no fools. The moment they discover that the BV has "vanished" without formal insolvency proceedings, they strike back. Hard.

The Risk: Reopening of Liquidation

A creditor left empty-handed can petition the court to reopen the liquidation. They need only make it "summarily plausible" that the BV still held some value (a receivable, inventory, or a current account debt owed by the director).

If they succeed, the BV is revived. But now the court is watching. A liquidator or trustee is typically appointed, and they will comb through your accounts.

"Turbo liquidation while leaving creditors unpaid is increasingly viewed by courts as wrongful conduct. The step to personal liability is then a short one."

From Company Debt to Personal Debt

If it emerges that you dissolved the BV while assets remained (or that you made selective payments prior to dissolution), you are personally liable as director. After all, you deprived creditors of the opportunity to recover from those assets.

This is particularly relevant if you paid yourself a salary just before liquidation, or transferred assets to a new BV (a so-called 'shell company construction'), while leaving creditors unpaid.

The Solution: Controlled Wind-Down

Has your BV already been turbo-liquidated and are creditors threatening action? Sitting idle is not an option.

A quick exit should never be an escape route. Make sure the door is properly locked from a legal perspective.

Facing claims after liquidation?

Creditors demanding reopening pose a direct threat to your personal assets. Let us mount your defence.

Protect your Position

Or call directly:

T: 06 - 2365 3318

E: vulto@dhkv.nl

Free Callback Request

Leave your details and we will call you back.

Your details will only be used to return your call.

Call WhatsApp Email

Wait a moment...

Do you have a legal question? Contact mr. Vulto without obligation.