PhD research Rik Kroezen: De rechtspositie van de bank als noodfinancier

Duration
2021 until 2026
Project member(s)
A.H. Kroezen (Rik)
Project type
Research

Rik Kroezen is working on a dissertation with the working title 'De rechtspositie van de bank als noodfinancier'.

Rik Kroezen investigates the legal position of the bank in its role as provider of emergency financing. The term 'emergency financing' refers to modifying the existing financing of an ailing company with the aim of averting the company's bankruptcy.
Legal literature has noted from time to time since the 1980s that, because of Dutch private law, the bank faces danger from two sides when deciding whether or not to provide emergency financing. Namely, the bank is not allowed to continue financing for too long (because that could put other creditors of the distressed company at a disadvantage), but neither is it allowed to stop financing too early (because that would be unacceptable towards the distressed company).

The question answered in this study is to what extent the bank is indeed between two fires: what room does Dutch private law leave the bank in deciding whether or not to provide emergency financing? Building on the answer to that question, it then also examines to what extent there is reason to change the bank's legal position as an emergency financier.

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