Test a proposed dividend against both requirements of Art. 2:216 BW: the balance sheet test that computes distributable equity after deducting statutory and articles reserves, and a structured liquidity assessment on the current ratio before and after the distribution, debt repayments, customer concentration, litigation risk, going concern and seasonality — with a draft board resolution where both outcomes allow it.
Since the Flex-BV reform a distribution is no longer a matter of free reserves alone. The balance sheet test sets the maximum that can go out, but the second requirement weighs heavier: the board must withhold approval if it knows, or ought to foresee, that the company will be unable to pay its due debts after the distribution. Director liability attaches to that, and it is precisely that second requirement that resists a single formula.
That is why the liquidity side of this tool is a structured assessment rather than a statutory test: the current ratio before and after, debt repayments against available credit, customer concentration, pending proceedings, going-concern doubt, cash flow forecast and seasonality are each weighted into one signal. That signal does not replace the board’s judgement — it makes visible which points need attention and records them, with tool version and dataset vintage, so what the decision rested on stays traceable later.