{"product_id":"vragen-2572-ik-werk-bij-ontwerpbureau-x-het-ziet-er-naar-uit-dat-dit-bedrijf-binnenkort-failliet-gaat","title":"Bankruptcy: What to do and how to protect your unemployment benefits?","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n - I work at design agency X.\n\n - It looks like this company is going bankrupt soon.\n\n - I want to set up a private limited company with a few other employees to take over a few projects from the trustee in the event of bankruptcy and thus start our own business.\n\n - if we fail to get ongoing projects on board we won't do it\n\n - in order not to miss the boat, the BV must be ready at the time of bankruptcy\n \n- the risk we would take up to and including the establishment in the event of failure would then consist of wasted effort and notary\/advisory costs\n\n The question:\n\n Is it true that by setting up a BV and registering it with the Chamber of Commerce and negotiating projects, a very big risk is taken: possibly losing the right to unemployment benefits?\n\n This would mean that if the attempt to restart for whatever reason were to fail: 1) we would have a BV but no projects and therefore no work; 2) the initiators with decades of service would no longer be entitled to unemployment benefits at that time?\n\n I would really like your response. Thank you very much\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nYour right to unemployment benefits is determined, among other things, by the extent to which you will be available for the labour market immediately after your dismissal by the trustee. If you become active as an entrepreneur after your dismissal by the trustee, you will not be considered available for the labour market by the benefits agency (UWV). If you only become unemployed because your own business does not appear to have any prospects, you will no longer be insured for unemployment at that time.\n\n The UWV offers the possibility to start your own business while retaining your unemployment benefit. It is therefore wise to consult with the UWV about this situation in advance and to coordinate this with the UWV in advance. Ultimately, the UWV will have to give permission for this in advance. For the time being, I can imagine few insurmountable objections to this from the UWV.\n \nIncidentally, it is not required to immediately transfer activities to a private limited company for the purpose of taking them over. Although a BV does offer some relative advantages, for example, some protection against liabilities, there are also quite a few disadvantages, such as fewer tax options (think of starter's deduction). A company can also be established at a time when you expect the tax burden on your expected income to increase disproportionately due to successes.\n\n I therefore advise you to consider taking over the activities of the company that is in danger of going bankrupt initially at your own expense and risk (whether or not in the form of a general partnership), after having consulted closely with UWV and only after you have applied for unemployment benefits and UWV has given you written permission to do so. This requires careful management and coordination. Advisory support by an accountant is recommended.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55019601920349,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-2572-ik-werk-bij-ontwerpbureau-x-het-ziet-er-naar-uit-dat-dit-bedrijf-binnenkort-failliet-gaat","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}