The court can then reverse the dissolution and declare the legal entity bankrupt.
The number of companies declared bankrupt has risen for the fourth month in a row. Although we may think that the number of bankruptcies is still low and that sounds like music to the ears, it still gives a wrong picture of the market. A number of taxi companies secretly disappear through the back door and creditors are left behind.
A worrying situation, bin addition, there are laws and regulations that require companies to follow the proper procedure in the event of bankruptcy, such as filing for protection from creditors. Taxi companies who secretly disappear through the back door do not feel responsible for their suppliers and customers. They are then faced with a fait accompli and often have nowhere to turn, except to go after the unreliable entrepreneurs from a legal point of view.
bankruptcy fraud
Bankruptcy fraud is punishable by law. In most cases, companies die due to financial problems, but some companies deliberately go bankrupt to mislead and disadvantage trading partners. In bankruptcy fraud, an entrepreneur allows the company to go bankrupt. What also happens is that an entrepreneur deliberately disadvantages a creditor, for example by keeping certain assets or money secret in the event of bankruptcy. Entrepreneurs who are heavily in debt sometimes choose to sell their company so that the buyer can put it out of business. The buyer knows that the company is beyond saving and officially takes over the company for a small amount, while the seller quietly pays for taking over the company. The new owner destroys the books and makes all valuable assets disappear. As a result, business partners who are still owed money do not receive their money.
Do you suspect that your company is a victim of bankruptcy fraud? Report this to the Fraud Help Desk and contact the curator. The trustee will report the bankruptcy fraud to the Central Reporting Center for Bankruptcy Fraude.
turbo liquidations
Companies also secretly disappear through turbo liquidations. A turbo liquidation is a quick way to dissolve a BV, NV, foundation or other legal entity. You may only carry out a turbo liquidation if there are no more assets in the company. This means that the legal entity no longer carries out any activities and no longer has any assets. With a turbo liquidation, no liquidation (financial settlement) is required and you can quickly complete the dissolution of a legal entity. That saves costs. You only need a resolution from the General Meeting of Shareholders or Board. As a result of this decision, the legal entity immediately ceases to exist. If it later turns out that there were debts in the legal entity after the dissolution decision, a creditor can ask for liquidation through the court. The court can then reverse the dissolution and declare the legal entity bankrupt.
tenders
You can prevent fraud if you know who you are doing business with. But the latter is also difficult. Companies register for a tender, win and then pull out all the stops to proceed to implementation. In addition, they attract 'roaring' names in their management who have to steer everything in the right direction for a management fee that should not be underestimated. In addition, these companies sign large contracts with landlords, leasing companies and ICT companies. After all, it is expected that there is sufficient coverage from the contracting party to guarantee this financially. From one day to the next, those companies can disappear and cease to perform the contracts. The municipality is then faced with a surprise and has to purchase transport in a different way more often, at a higher rate.
death house construction
In a death house construction, the 'healthy' parts of the company are transferred, leaving the loss-making parts in the company. In this way, the profitable parts can continue to be used and they will not be destroyed in a liquidation or bankruptcy. The 'healthy' parts are transferred by, for example, an asset transaction. It is also possible to split the BV, with one BV taking on the loss-making parts and the other BV taking on the profitable parts. Although this construction is permitted, there are risks associated with it, given the susceptibility to fraud.
