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In my previous article I discussed the new Private Agreement for the Prevention of Bankruptcy Act (WHOA) (link). In the meantime, the court's first rulings are known.

District Court of The Hague 15 January 2021

About an entrepreneur who has been working on austerity since 2016, but is now using the new scheme. The Tax And Customs Administration is proposed to pay 45 % of the debt (€ 26,817) and the rest will be waived. The rest of the creditors (suppliers, etc.) can receive 22.5 % of a debt of € 170,497.92. The judge first proclaims a cooling-off period. This means that the entrepreneur may not go bankrupt and that the creditors must stop recovery measures. Link to the pronunciation.

Amsterdam District Court 15 January 2021

This decision of the court was about a Foundation that is active in healthcare and had/has a debt burden of € 199,000. Because a lot could still be declared to health insurers, a breather (cooling-off period) was apparently all one needed. The company was given two months by the High Court. Link to the pronunciation.

Enforce remission

Entrepreneurs with debts who want to make a settlement for a percentage of the debt now have an enforceable remedy. Albeit for a period when creditors must remain at a distance, albeit the court's consent that only part of it must be paid and the rest of the debt does not. The company can then survive.

Discuss your situation and the possibilities

As a lawyer active for entrepreneurs and companies and experience in solving problems with creditors including the Tax And Customs Administration, Advocaat Sepehr often sees different solutions than the most obvious and also knows how to accurately predict the outcome of the step-by-step plan he has drawn up.

Pragmatic solutions

An example is an entrepreneur who had done work for another entrepreneur consisting of setting up a new company including appearance and marketing tools. Subsequently, the new company does not start, no turnover and the contractor's account remains unpaid. Debt collection takes a long time, sometimes costs more than it can yield and the outcome is uncertain. Not the first option, but still to consider is to make an arrangement whereby the 'delivered new company' is transferred ownership to the contractor. It may be able to start its own business or sell the brand new company to a third party. The unpaid bill can be 'paid'.

Is an enforceable remission also possible for your company?

Questions are free.

Just when you think that nothing is possible for your company, I would like to invite you to exchange ideas with Mr. Sepehr Yadegari.

You can call the office number 020 – 244 3900. You can send letters or other documents in advance and then contact us: the e-mail address is advocaat@sepehr.nl.

Unfortunately, you cannot delete your BKR registration yourself. Only the credit provider or stichting BKR can do this. In order for your BKR registration to be deleted, you must first contact the credit provider. If you do not agree with the credit provider, you can always contact a lawyer to discuss your options.

When do I get a BKR registration?

When you borrow money, this can be registered with stichting BKR. This happens with loans of more than 250 euros that run for more than 1 month and for business loans of more than 1,000 euros for which you are personally liable (if you sign for your BV, for example).  

Since 2018, you will also receive a BKR registration for telephone subscriptions in combination with a new phone. This already happens when you do not pay 250 euros or more of the price for your new phone or tablet (iPad) and therefore borrow (monthly repayment). Student debts, mortgages or late payments with the tax authorities are not registered. That saves.

Positive and negative registrations

The BKR has positive and negative registrations. A positive registration is simply the registration of a new credit (for example, with a credit card, private-lease car or if you are in red at the bank). A negative registration occurs in the following situations:

• You are in arrears (the deadline for passing on the registration depends on which credit you have).
• Your late payment has been incurred.
• You have made a payment arrangement.
• There is another particularity, such as that the loan has to be paid in full.

The effect of a negative BKR registration

Mortgage applications and other requests for financing can and in practice be rejected when you have a BKR registration.

After you pay off a credit and the credit provider indicates that your credit has ended, your data will remain visible for another five years. Have you received a negative registration during the term of the credit? Then this too remains visible five years after the date.

The credit provider is responsible for providing the credit data. In the event of incorrect registration or data, only the credit provider can recover it.

Wrongful registration

Do you believe that a BKR registration has wrongly taken place in your name and are you wondering what the possibilities are to delete it? Please feel free to contact lawyer Mr. Sepehr Yadegari. I can be reached by email (advocaat@sepehr.nl) or telephone (020 244 3900).

Soon you will be notified that the previously discontinued collection of tax debts will resume. At the same time, it was announced that the deferral scheme has been extended

Are you dealing with a late payment with the Tax And Customs Administration? Or do you have to deal with recovery notices or after-tax assessments that threaten the continuation of your business? Then call (020 – 244 3900) without obligation with lawyer Mr. Sepehr Yadegari and consult with me the problem you want solved.

From 26 January 2021 it is possible to report to the ACM as an SME (up to 100 employees) if own invoices are not paid on time by a large company (100 or more employees).

The aim is to gain insight into the payment behaviour of large companies towards the small(s) entrepreneur.

Are you dealing with low-paying customers? Or do you, perhaps not now, have problems with liquidity later on and are faced with recovery notices? Call (020 – 244 3900) with lawyer Mr. Sepehr Yadegari and discuss your situation without obligation.

Today, on NOS.nl, the message appeared that the UWV has started to check the first round of the NOW (Temporary Emergency Measure Bridging Employment).

Employers have the task of submitting an application for a final determination. In that application, the turnover in the period of the first NOW round must be from 1 March to 31 July 2020.

Many of the final applications are expected to differ from the provisional applications. After all, entrepreneurs had to estimate the expected decrease in turnover. The degree of reduced turnover determined the amount of the compensation in the wage costs. At the time of the provisional application, it was also not foreseen that the aid measures subsequently announced were included in the turnover. As a result, the turnover actually to be counted is higher, resulting in a reduction in the compensation in labour costs.

Would you like to apply for a final determination? Or have you, perhaps not now, received the decision from the UWV later and are you receiving a refund of overpaised amounts? Call (020 – 244 3900) with lawyer Mr. Sepehr Yadegari and discuss your situation and the possibilities to come to a more favorable decision for you.

Corona is accelerating the shift from 'Brick and Mortar' stores to online and remotely. According to Graydon, there is an unusual increase in the number of new webshops in the Netherlands.

Still, there are a number of risks. In the dropshipping category, it is sometimes an unpleasant surprise that the relatively low intervention of the entrepreneur established in the Netherlands nevertheless entails full liability.

Introduction

The Tax And Customs Administration has the right to collect tax debts directly without the intervention of the court by seizing, among other things, your bank account, wages, rental income and real estate. In view of this far-reaching power, the legislature previously provided in Article 17(2) of the Recovery Act 1990 that it could be opposed to recovery. This resistance is also called 'fiscal resistance' and had a suspensive effect. The recovery ('execution of the injunction') had to be suspended until the court ruled on the objection.

Unless there is a single exception, residents of the Netherlands may not participate in traffic with a vehicle signed abroad in the Netherlands, unless they pay BPM for that vehicle.

Persons who used a vehicle with a Belgian, German or other non-Dutch registration number in 2013 or later in the Netherlands will now be contacted for the BPM. They also risk a default penalty of up to 100 % of the BPM amount to be paid for not previously declared use in the Netherlands.

As a result of Article 13b of the Opium Act (Damocles Act), mayors can close any home, business premises, office or warehouse when drugs are traded from the premises or part of it.

Previously, opposition to a proposed closure was unlikely. One of the requirements for closure, walk to the property, was adopted. Whether drugs were actually traded was irrelevant. The mere presence of drugs was sufficient to be able to close.

Car companies and dealers who sell used cars sometimes mention an exclusion from the warranty in the purchase contract. The car is then sold 'as it is' or for a 'take-away price'. If defects occur after the purchase and you report to the seller, he can invoke the exclusion of the warranty. As a buyer I did pay in that case, but did not receive a car that meets expectations.

This article provides some tips for the consumer buyer who buys a used car from a company or dealer who regularly sells used cars.