Questions about BV with debt? Discover the facts!

Questioner

Is it possible in the Netherlands to sell a BV with debt to someone who is also not financially strong and for the person selling the BV to avoid his debts and obligations?

Lawyer

In principle, the shares of the BV can be sold to anyone as long as that person can pay the purchase price of the shares, possibly by means of an acknowledgement of debt. If the shares change hands, the BV is not released from its debts; the BV remains liable for them. The former shareholder is only liable for those debts of the BV for which he has committed himself as surety or joint and several debtor. The former shareholder can only be released from such payment obligations with the cooperation of the relevant creditor. The answer to the second part of your question must therefore be answered in the negative; the sale of the shares alone is not sufficient to get rid of the aforementioned debts.