WHOA (Homologation Private Agreement Act)

A restart without bankruptcy

The WHOA offers organisations in financial difficulty the opportunity to restructure debts and avoid bankruptcy. This creates scope to restore viability for the organisation.

Our service

Restructuring with support and enforcement

Since the introduction of the WHOA, organisations that are no longer able to meet their obligations can offer a settlement to creditors and shareholders. Even those who do not consent may, under certain conditions, be bound by the arrangement.

For creditors, this can be beneficial. In many cases, the outcome is better than in bankruptcy. At the same time, a WHOA procedure requires careful preparation, as financial and legal aspects are closely intertwined.

Experienced guidance through complex processes

Our specialists have extensive experience with WHOA procedures and out-of-court restructurings. We advise both debtors and creditors and act as restructuring experts or observers.

We work closely with financial advisers on matters such as valuations and financial substantiation. This ensures an efficient process, a clear point of contact and solutions that are both legally sound and workable in practice.

Our expertise

  • Debt restructuring
  • Debt-to-equity conversions
  • Amending shareholders’ rights
  • Amending or terminating agreements, excluding employment contracts

Who we work for

We work for medium-sized and large organisations facing financial difficulties, across a wide range of sectors.

WHOA on Podcast 'Licht op Legal'

Looking for a concise overview of the WHOA? Episodes 20 and 21 of our podcast Licht op Legal cover the key aspects (in Dutch). 

In episode 20, Alice van der Schee explains the purpose, how the WHOA works and its conditions, including practical insights.

In episode 21, Frank Nowee discusses the impact on creditors and suppliers and the key considerations when assessing or initiating a WHOA procedure.