Vaatafsluiting

Vaatafsluiting is a term used in the context of ondernemingsrecht, a branch of Dutch law that deals with company law. It translates to "standing by" or "remaining active" in English. In essence, vaatafsluiting refers to the practice of keeping a company active and in operation, albeit with minimal or no economic activity, in order to avoid dissolution or liquidation.

One reason for a company to engage in vaatafsluiting is to maintain the company's identity and assets, such as properties, equipment, and intellectual property. This can be especially important for companies that have significant investments or for those that are awaiting a major development or sale.

Vaatafsluiting can also be a strategic move by a company's management or owners to buy time or avoid financial or regulatory consequences. For instance, a company may use vaatafsluiting to stall creditors or avoid bankruptcy. However, this practice can also be seen as a form of corporate camouflage, where the company's true financial or operational situation is hidden.

Dutch law and case law have addressed vaatafsluiting, with courts considering factors such as the type of business, the company's assets, and the intentions of its management when determining whether a company is genuinely engaged in vaatafsluiting or merely attempting to avoid its obligations.