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Petitioning for bankruptcy

This information is provided by

Netherlands Enterprise Agency, RVO | Statistics Netherlands, CBS

When you own a business in the Netherlands and you are no longer able to pay off your debts, you can petition the courtExternal link (in Dutch) to be declared bankrupt. Creditors, the public prosecutor, the court and your shareholders can also petition the court to declare you bankrupt.

How to petition for bankruptcy

To petition for bankruptcy, you must use this formExternal link (in Dutch). You can do this for yourself or for the company you represent. Whether or not you will be declared personally bankrupt depends on your legal structure.

Debt restructuring

As a sole proprietorship of general partnership you may consider debt restructuring under the following conditions:

  • You have 2 or more debts, one of which is due immediately;
  • You owe money to 2 or more creditors;
  • You have stopped paying.

Partner must also sign

If you want to petition for bankruptcy for your sole proprietorship or general partnership and you are married or have a registered partnership, your partner must also sign the petition.

Shareholders must agree

If you are a director or officer of a public (NV) or private limited company (BV) with shareholders you can only petition for bankruptcy if the shareholders agree.

What happens after you have been declared bankrupt?

If the court declares you or your company bankrupt, they will appoint an official receiver. This is the only person who is allowed to manage your company from the day that you have been declared bankrupt. He/she decides on the order in which your creditors will be repaid.

Administration ban

If one of the company directors has committed bankruptcy fraud, he/she can be banned from acting as a director for a period of up to 5 years. During that time he/she cannot act as a director for a legal entity.

Starting again

If you want to start again as entrepreneur, but you still have unpaid debts or accounts, then be aware you will still have to pay these debts or bills to your creditors, for example to the Dutch Tax and Customs Administration.

Your customer's bankruptcy

If one of your customers has gone bankrupt and still owes you money, their receiver will send you a letter about their bankruptcy. If you have not received this letter, make sure to contact them yourself. You may clarify your claim, when the receiver calls a meeting to discuss all outstanding accounts.

Please note: if the receiver was unable to locate all creditors, any leftover amounts will be stored in the so-called ConsignatiekasExternal link (consignment office, in Dutch). This deposit with the Ministry of Finance stores leftover (monetary) funds from, among others, bankruptcies and debt restructuring settlements for a period of 20 years. If you have a legitimate claim and have proof of this, you can file your claim through the Ministry of FinanceExternal link (in Dutch). You can search the Ministry’s databaseExternal link (in Dutch) to find out if there are any funds left after a bankruptcy or debt restructuring settlement of your customer.

If one of your customers owes you money but does not pay you even after repeated reminders, you can file for their bankruptcyExternal link (in Dutch) if you are not the sole creditor.

Central Insolvency Register

All bankruptcies, suspension of payments and debts managements of natural persons are listed on the Netherlands Judiciary website ( This is called the Central Insolvency RegisterExternal link (in Dutch).

Statistics: bankruptcies

Number of bankruptcies.

This article is related to:

This information is provided by

Netherlands Enterprise Agency, RVO
Statistics Netherlands, CBS