Turbo liquidation is not the end: court reopens the liquidation of three private companies
A private company (bv) without assets can be dissolved immediately, without liquidation: the so-called turbo liquidation. That is not always the end of the story. In a decision of 1 October 2026, published on 26 October, the Amsterdam District Court reopens the liquidation of three companies dissolved by turbo liquidation and appoints an independent liquidator.
The background
The heirs of a medical adviser claim that a lawyer and his three companies, which he used for his practice, still owe them (at least) EUR 297,026 for advisory work in personal injury cases. They interrupted the limitation period for that claim in January and May 2025. In June and July 2025, the companies were dissolved by turbo liquidation. A claim against the companies before another court then failed, because the companies no longer existed.
What does the court consider?
Under Article 2:23c of the Dutch Civil Code, the court may reopen the liquidation if, after the legal entity has ceased to exist, a creditor comes forward or an asset emerges. This is also possible after a turbo liquidation. It is sufficient that the alleged claim and/or asset is sufficiently plausible; the court applies a restrained test.
According to their 2024 annual accounts, two of the companies each still had EUR 18,000 in equity, which had disappeared at dissolution without a clear explanation. The filings did not comply with Article 2:19b of the Dutch Civil Code. A Chamber of Commerce form of the holding company initially stated that the remaining cash had been distributed to the shareholder; in a later form, that sentence had been deleted. The court assumes that the distribution took place, so that a liquidator could claim it back. Given the directors' role in the turbo liquidations, the court appoints an independent liquidator.
Practical tips
Only opt for a turbo liquidation if there really are no assets, and take known or disputed claims into account.
In a turbo liquidation, file the required documents (Article 2:19b of the Dutch Civil Code) completely and correctly.
Do not distribute any remaining assets to shareholders while there are creditors with (alleged) claims.
We previously wrote about the lasting risks of turbo liquidation for directors: Turboliquidation: fast dissolution, lasting director risk. More about our services can be found on our specializations page. Considering dissolving a company, or holding a claim against a dissolved company? Contact us.
This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.
