What happens to BV A if BV B goes bankrupt?


Questioner

As a private individual, I have 45 shares in a private limited company (let's call this BV A) which consists of 477 shares. Another BV (let's call this BV B) is the major shareholder in BV A, because BV B owns 251 shares. The remaining shares are divided among several private shareholders. My question is: what happens to BV A if BV B goes bankrupt? Will BV A be dragged along in the bankruptcy of BV B?

Lawyer

BV A is not automatically declared bankrupt if BV B goes bankrupt. The 251 shares of BV A do have a certain value and the receiver of BV B will therefore try to sell the 251 shares of BV A. To whom they can be sold and at what value depends on what is stipulated in the articles of association of the BV. The shares are, however, separate from any claims that BV B has on BV A. If BV B has claims on BV A and BV A cannot pay them, this could lead to the bankruptcy of BV A.

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