Marc Molhuysen

Partner
'Excellent strategic awareness' and 'handles ambiguity especially well' 
Chambers 2022
About

Marc Molhuysen has significant experience in all aspects of restructuring. He combines a thorough legal basis with a pragmatic approach and the drive to reach a solution.

Marc has been involved in many high-profile restructuring cases. Currently he acts for banks, other financial institutions and corporates in connection with strategic insolvency issues, security rights, disposals and asset purchases, compositions and claw back matters. Marc is also eligible for appointments by the Enterprise Chamber and he used to be appointed as bankruptcy trustee.

Areas of FocusRestructuring
Professional QualificationsAdvocaat admitted with the Nederlandse Orde van Advocaten

EXPERIENCE

Areas of experience

  • Restructuring strategy
  • Debt restructuring
  • Insolvency proceedings
  • Disposal & purchase of distressed assets
  • Post insolvency scenarios
  • Actio pauliana claims (claw back)
  • Liability of management and shareholders

Key experience

Advocaat

  • Advising the works council on the proposed financial and corporate restructuring of HEMA.
  • Advising DEME, as largest customer, on its contractual relationship with Royal IHC during its corporate and financial restructuring.
  • Advising Amtech on the restructuring and disposal of its European and Chinese activities.
  • Advising Diebold Nixdorf on the restructuring of its Dutch operations, leading to a controlled bankruptcy of SecurCash Nederland B.V. and a sale of SecurCash B.V. to G4S.
  • Advising Bakker.com (the bankruptcy trustee and the lending bank) on the sale of its European activities as part of bankruptcy proceedings.

Enterprise Chamber appointments

  • Administrator of shares in Avinco Holdings B.V (NL holding of aerospace company; trade & lease of aircraft and helicopters operating out of Monaco and Dublin).
  • Administrator of shares in Zenco Corporate Services B.V. (Rotterdam based trust company).

Trustee in bankruptcy

  • Ineas Insurance Group (online European car insurance group).
  • Paperlinx (European holding of Australian listed paper merchant group).
  • Oilily (well-known clothing brand with international operations).
Languages
  • Dutch
  • English
Education
  • Grotius Academy, Insolvency law, 2001
  • Leiden University, Civil law, 1995
  • University of Cape Town, Civil law, 1995

Awards and Recognitions

Marc is year on year ranked/recommended in the Legal 500 and Chambers for Restructuring.

  • Chambers Europe 2020: Marc Molhuysen is admired by interviewees as a "very knowledgeable practitioner" who is "to the point, asks efficient questions and gets the job done."
  • Chambers Europe 2018: "Molhuysen is accurate, hands-on, well informed about relevant laws and regulations and a good sparring partner in a difficult process." Clients also appreciate his "relaxed, open and friendly style."

Publications

  • Participation on the revision of ''Insolventierecht'', Polak Pannevis, Last revision 14th edition 2017
  • Dutch Government's proposals for the introduction of a binding, pre-insolvency composition - the "Dutch Scheme", 21 Dec 2017
  • ''De Gereedschapskist van de Curator'', Chapter 13, Het Koelvak van de Gereedschapskist, Yearbook Insolad 2015

Memberships And Affiliations

  • Insolad, Dutch association for Restructuring Lawyers
  • Insol Europe & Insol International, associations for restructuring professionals
  • TMA (Netherlands), Turnaround Management Association

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