The Dutch scheme – the upcoming new Dutch restructuring tool

This webinar looks at a new bill that the Dutch legislator has prepared – the Act on confirmation of Private Restructuring Plans (Wet homologatie onderhands akkoord) – introducing a framework that allows debtors to restructure their debts outside formal insolvency proceedings. The Dutch Scheme combines features from the UK scheme of arrangement and the US Chapter 11 proceedings. The highly anticipated bill is expected to enter into force later this year.

The webinar will cover:

• who can take the initiative for the Dutch scheme;
• how the procedure works and how fast it can go;
• which measures a company can take in a plan under the Dutch scheme – it offers a lot of flexibility;
• how the plan can affect the rights of creditors and shareholders – confirmation, cross class cram down and the absolute priority rule;
• when the Dutch scheme can be used – jurisdiction of the Dutch court and recognition of the plan in other jurisdictions.

Speakers

Job van Hooff
Partner

Job van Hooff (partner) co-heads the restructuring and insolvency practice. He acts on cross-border financial restructuring, including through English schemes of arrangements, and distressed transactions for a range of high profile borrowers and lenders. Job also represents clients in litigation relating to bankruptcy or insolvency and he is regularly appointed by the court as an administrator and bankruptcy trustee. In each case, he works closely with his clients guiding them through any complexities. Job is an active member of Insolad, INSOL World and INSOL Europe and he regularly teaches and publishes on subjects of restructuring, liability and bankruptcy law.

Daisy Nijkamp
Senior associate

Daisy Nijkamp (senior associate) has proven experience in litigating and advising on liability, security rights and insolvency law issues for a broad spectrum of clients. She also regularly advises on complex restructurings. Furthermore, Daisy has acted as a trustee in bankruptcy matters and has expertise in banking and finance. Daisy regularly teaches on subjects of liability and bankruptcy law. She is a member of Insolad and INSOL Europe.