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Deposit

The NAI asks the applicant – and, if a counterclaim is presented, also asks the respondent – to pay a deposit to the NAI after appointment of the binding advisors. The NAI arranges for the binding advisors’ fees and costs to be paid from this deposit. The binding advisors consult with the NAI regarding the amount of the deposit to be requested. This amount depends on the financial interest of the claims, the number of binding advisors and an assessment of the work to be carried out by the binding advisors.

To enable an indication to be given of the basic deposit, the NAI has performed an internal calculation of the average time spent by binding advisors on NAI binding advice. This time spent, together with the hourly rates, gives a picture of the average fees (excluding disbursements) in NAI binding advice proceedings and thus also an indication of the basic deposit. This means that the amounts set out in the table below are merely indicative.

 

NAI basic deposits (in €)

Category Financial interest Basic deposit
Single Multiple
1  0 - 50,000 7,500 19,000
2  50,001 - 100,000 10,000 22,000
3 100,001 - 200,000 12,000 25,000
4 200,001 - 500,000 13,000 30,000
5 500,001 - 1,000,000 15,000 37,500
6 1,000,001 - 2,000,000 18,000 45,000
7 2,000,001 - 5,000,000 24,000 60,000
8 5,000,001 - 10,000,000 35,000 80,000
9 10,000,001 - 30,000,000 40,000 100,000
10 30,000,001 - 50,000,000 55,000 135,000
11 50,000,001 - 100,000,000 70,000 175,000
12 100,000,001 - 250,000,000 90,000 220,000
13 more than 250,000,000  115,000 270,000

 

Comments:

  • The amounts are merely indicative, based on historical data; in all cases, the binding advisors are to consult with the administrator to consider whether the basic deposit will require adjustment in view of the expected course of the binding advice proceedings.
  • When determining the basic deposit, it was assumed that a secretary will be present and that VAT will be owed.


International

Binding advice is a method of dispute resolution which is used in the Netherlands particularly.

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The NAI
Binding Advice Rules

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