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.
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.
- Defence Against Reopening: We can demonstrate to the court that reopening serves no purpose because there genuinely are no remaining assets. This prevents the appointment of a trustee.
- Settlement: It is often more cost-effective to reach an arrangement with the aggrieved creditor than to risk formal insolvency proceedings.
- The Right Sequence: Still need to liquidate? We guide the process to ensure you comply with disclosure obligations (filing a final balance sheet) and prevent personal liability claims down the line.
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.
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