Dutch Scheme Tool

The Houthoff's Dutch Scheme Tool offered a visualisation of the new Dutch Scheme legislation: Wet Homologatie Onderhands Akkoord or WHOA for short. The tool is publicly available and free of charge.

What does this tool do?

The Dutch Scheme Tool visualises the proposed distributions under possible plans that can be offered under the Dutch Scheme. In addition, it automatically analyses whether key requirements for recognition (homologatie) of a plan under the Dutch Scheme are likely to be met. If you are considering offering a plan under the Dutch Scheme or if a plan is offered to you, you can use this Tool to get a first visual impression of the proposed plan and its feasibility.

What is the WHOA?

The WHOA is a Dutch pre-insolvency procedure inspired by the scheme of arrangement in the UK Companies Act 2006 and Chapter 11 of Title 11 of the US Bankruptcy Code. The WHOA allows a debtor or restructuring expert to propose a plan that may help avoid the debtor's insolvency. The WHOA entered into force on 1 January 2021.

Read more about the WHOA and its key features here.

More about the WHOA

The WHOA combines a fast and flexible framework for concluding pre-insolvency schemes with a high degree of deal certainty. Such instrument did not exist in Dutch insolvency law until now. As a framework, the Dutch Scheme does not prescribe the contents of a plan. Proponents can draft a plan as they see fit (e.g. extending and/or reducing debt, debt for equity swap, sale of assets, limited to only a subset of the capital structure, etc.). The WHOA provides plan proponents with a high degree of flexibility on structuring the process (e.g. timing, electronic voting, etc.).

Who are we?

We are the top-tier ranked restructuring and insolvency practice group at Houthoff. Houthoff is an independent top-tier Netherlands-based firm with 300 lawyers, civil-law notaries and tax advisers.