The regulatory landscape surrounding working capital management is ever evolving. Legislation has been introduced to promote fairness across supply chains and prevent excessively long payment terms and late payment behavior, primarily to protect smaller suppliers who may face more strain on their cash flows.
Directive 2011/7/EU on “combating late payment in commercial transactions” governs payment terms for transactions with individuals, businesses, and governments across the European Union. Since its introduction, European countries must apply this Directive locally, though they may continue to apply other laws and regulations that are more favorable to the creditor than Directive 2011/7/EU’s even provisions for.
In the Netherlands, default payment terms for business-to-business (‘B2B’) transactions are 30 days from receipt of invoice, unless a different payment term has been agreed on by both parties, in which case payment terms of up to 60 days are allowed. Payment terms longer than 60 days may only be agreed on if it can be evidenced that no negative consequences are experienced by the buyer or seller as a result of the longer payment terms.
Three exceptions are in place, being:
- Payments to Small and Medium-sized Enterprise creditors (‘SMEs’). For these transactions, payment terms may not exceed 30 days.
- The debtor is a public authority. Public authorities must pay within 30 days. In special circumstances, this may be extended to 60 days.
- The debtor is an individual. Companies are allowed to choose suitable payment terms with individual consumers in their contracts or general terms and conditions, provided that the payment terms are reasonable.
In case of noncompliance, creditors are able to apply fines, seek damages and charge interest for late payment.