Suspension of payments

Definizione

Suspension of payments is a temporary moratorium granted by the court to a debtor who foresees being unable to continue paying. It provides breathing space to restructure and continue as a going concern. Governed by the Bankruptcy Act, it suspends enforcement by ordinary (unsecured) creditors but does not bind secured or preferential creditors. Where restructuring fails, it frequently converts into bankruptcy.

Esempio

A manufacturer hit by a temporary cash crunch obtains suspension of payments to negotiate with creditors and avoid immediate bankruptcy.

Perché rappresenta un rischio aziendale

When a counterparty is granted suspension of payments, ordinary creditors cannot enforce existing claims during the moratorium, which can disrupt your cash flow and delay recoveries indefinitely. The debtor remains in control of the business alongside a court-appointed administrator, and the outcome is uncertain: restructuring may succeed, but the moratorium often converts to bankruptcy. Businesses without a clear picture of their outstanding receivables and contract rights with the debtor are poorly positioned to protect their interests during the process.

Come gestirlo

• As soon as a counterparty enters surseance, identify all outstanding claims and contracts with that party so you can assess your position quickly.
• Check whether your contracts contain ipso facto termination or suspension clauses triggered by insolvency proceedings, and whether those clauses will hold up under Dutch law.
• Retain independent legal advice early: creditor committees, proof of claim deadlines and restructuring votes require prompt action.
• Avoid supplying further credit or goods on open account to a debtor in surseance without securing additional protection such as prepayment or security.

Riferimenti normativi

• Fw art. 214 Bankruptcy Act: suspension of payments

Salvo diversa indicazione, i riferimenti riguardano il diritto olandese (Burgerlijk Wetboek, il Codice Civile olandese); gli strumenti UE come il GDPR si applicano in tutta l'UE. Si tratta di informazioni generali, non di consulenza legale. Altre giurisdizioni trattano questi concetti in modo diverso. Verifichi il testo vigente e la propria situazione con un avvocato qualificato.