What surseance van betaling is
Surseance van betaling (suspension of payments) is a Dutch court procedure a company can ask for when it expects that it cannot keep paying its debts. It is meant to give the company room to recover or reach an agreement with its creditors (Faillissementswet, Title II, from article 214).
The court grants a provisional suspension straight away and appoints an administrator (bewindvoerder). Creditors then decide on a definitive one: it is refused if more than a quarter of the represented claim amount, or more than a third of the creditors, object (article 218).
What it means if the company owes you money
- Older unsecured debts are frozen. The company may not pay them during the suspension.
- Secured and preferential creditors are not bound by it, including the tax office (article 232).
- The company keeps trading, but only with the administrator's cooperation (article 228).
- Submit your claim to the administrator named in the official record (article 257). How to submit a claim in the Netherlands.
- New orders: suppliers usually ask for payment up front, because a suspension often ends in bankruptcy.
How it ends
- With an agreement (akkoord) approved by the court: older debts are paid on its terms.
- Withdrawn: the suspension simply ends.
- Converted into bankruptcy (faillissement): common, when no agreement is reached or the company cannot go on. What faillissement means.
Every step is published in the Centraal Insolventieregister, and InsolvencyRadar alerts you when it happens to a company you watch.
General information about Dutch law (the Faillissementswet, as in force since 1 September 2026), not legal advice. For a large claim, a Dutch lawyer or the curator or administrator named in the official record can confirm what applies to you.