“SLAAP” SURSEANCE, de beste uit(stel)weg in crisistijd

Een nieuwe oplossing voor bedrijven die door de COVID-19 crisis ten onder dreigen te gaan!

Dat veel bedrijven in een echte crisissituatie terecht komen en ook buiten noodregelingen vallen staat buiten kijf. Wat moet je doen als je een levensvatbaar bedrijf hebt dat door de crisis letterlijk plat ligt. Het is dan slikken of stikken en het faillissement aanvragen is vaak de enige optie. De vraag is of er echt geen andere oplossingen zijn.

Wat is een efficiënte crisisoplossing?

Een faillissement levert een onomkeerbare situatie op. Met andere woorden: er is geen weg terug. Een ander middel dat in deze crisisomstandigheden uitstekend kan werken is de (aloude) surseance van betaling en dan in (iets) aangepaste vorm. Surseance van betaling is een middel dat ondergesneeuwd is geraakt en vaak wordt “afgedaan” als een manier om een faillissement te vertragen.

De “slaap” surseance van betaling als oplossing

Als de surseance van betaling direct nieuw leven wordt ingeblazen en wordt aangepast naar “slaap” surseance is dit het perfecte middel voor gezonde bedrijven die door de crisis lamgeslagen zijn en tot na de crisis in een slaapstand moeten worden gebracht.

Géén wetswijzigingen

De “slaap” surseance van betaling (zo noem ik deze crisisvorm) kan binnen de werking van art. 214 van de Faillissementswet blijven, maar de drempel om surseance aan te vragen moet worden verlaagd. De aanvragen moeten digitaal plaats kunnen vinden en te worden voorzien van een verklaring van een accountant waaruit de levensvatbaarheid van het bedrijf blijkt. Het toezicht (de bewindvoering moet heel eenvoudig worden gemaakt en een door de rechtbank benoemde deskundige moet erop toezien dat een bedrijf echt in de slaapstand gaat en ook onder dit toezicht wordt geheractiveerd als de crisis voorbij is. Tijdens de “slaap” surseance mogen er beslist geen activiteiten (kunnen) plaatsvinden.

Praktische uitvoering

De invoering van de “slaap” surseance zal een grandioze oplossing zijn om kansrijke bedrijven door de crisis heen te helpen. Zij zijn immers niet alleen verlost van variabele maar ook van vaste lasten. Een bedrijf in “slaap” surseance gaat dus echt op slot en alle verplichtingen houden op te bestaan tot na de opheffing van de surseance.

Een “slaap surseance” wordt in het begin voor een periode van 2 maanden verleend en kan telkens op een simpele manier met een maand worden verlengd. Een “slaap surseance” eindigt van rechtswege binnen een maand nadat de intelligente lockdown is beëindigd. Met het bedenken van de “slaap” surseance hoop ik een inventieve oplossing te hebben aangedragen voor bedrijven die belangrijk onderdeel uitmaken van de Nederlandse economie en na de crisis onmisbaar zijn.

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