Decree No. 121 / 2019 Coll.
Ordinance on material equipment and standards for the performance of the function of insolvency administrator
Valid
Order
Effective from 01.06.2019
121
DECLARATION
of 26 April 2019
on material equipment and standards for the performance of the function of insolvency administrator
The Ministry of Justice shall determine, pursuant to § 5a (8) and § 39a of Act No. 312 / 2006 Coll., on insolvency administrators, as amended by Act No. 294 / 2013 Coll., Act No. 64 / 2017 Coll. and Act No. 31 / 2019 Coll., and pursuant to § 431 (g) of Act No. 182 / 2006 Coll., on bankruptcy and methods of its resolution (Insolvency Act), as amended by Act No. 64 / 2017 Coll., for the implementation of § 31, 36, 136, 371 and 333 of the Insolvency Act:
SUBJECT MATTER OF THE ADJUSTMENT
This decree sets out the content of the requirements for the material equipment of the insolvency administrator and for the performance of certain duties of the insolvency administrator and determines the scope of the official hours of the head office and establishment, the layout of the official hours, the means of identification of the head office and establishment and the activities which the insolvency administrator is obliged to carry out in the establishment.
Material EQUIPMENT OF THE INSOLVENTION MANAGEMENT
Labelling of the premises and premises
(1) The insolvency administrator shall place at a visible place at the entrance to the building in which its registered office is situated an information board containing the words "insolvency administrator," the data identifying the insolvency administrator in accordance with § 5a (7) of the Insolvency Trustee Act and the words "Official hours:" indicating the official hours of the registered office in accordance with § 3.
(2) The insolvency administrator shall place at a visible location at the entrance to the building in which its establishment is situated an information board containing the words "insolvency administrator," the information identifying the insolvency administrator in accordance with § 5a (7) of the Insolvency Trustees Act and the words "Installation - Official Hours:" indicating the official hours of the establishment in accordance with § 3.
Official hours of the premises and premises
(1) The seat shall be open to the public on working days, within a time range of 7 to 18 hours, at least 6 hours per day, regularly at least 1 day per calendar week.
(2) The establishment shall be open on condition that the activities referred to in Section 5 are carried out on regular working days within a time range of 7 to 18 hours at least 4 hours per day and at least 1 day per calendar week.
Installation of premises and premises
The material equipment of the head office and establishment shall be proportionate to the nature and extent of the activities carried out by the insolvency administrator, provided that in particular their size, spatial breakdown and room equipment creates a decent environment for dealing with the debtor, creditors and other persons.
Activities carried out at the establishment
(1) The insolvency administrator shall ensure receipt of documents in each of its establishments during official hours.
(2) The insolvency administrator at the establishment responsible for the provisions in the insolvency proceedings shall ensure that, within a period agreed in good time, the insolvency administrator at the establishment responsible for the insolvency proceedings:
(a) the provision of synergies, unless it is possible for important reasons to do so in a distance manner; and
(b) negotiations with the debtor to examine the claims applied for.
STANDARDS OF THE PERFORMANCE OF THE INSOLVENTION MANAGEMENT
Conscientious performance with professional care
In particular, the requirement to fulfil the obligation of the insolvency administrator to exercise his or her duties with due regard and with professional care is to comply with the standards for the performance of his or her duties under this Part, unless the insolvency court has given him different instructions, or to demonstrate that there are reasons for which other procedures may be considered as a conscientious procedure for the performance of the professional duties.
The requirement to perform the duties of the insolvency administrator to exercise the duties of conscientiously and with professional care, to make every effort to ensure that creditors are satisfied as far as possible and to give priority in the performance of their duties to the common interest of creditors over their own interests and to the interests of other persons;
(a) without undue delay to notify the insolvency court of facts which may give rise to doubt as to its competence, independence or performance in a particular insolvency proceedings for which it has been designated by the insolvency administrator;
(b) to ensure the presence of eligible staff at the premises of their registered office during official hours during their absence for all areas of their activity;
(c) provide for adequate compensation for himself during his temporary absence on account of taking personal leave or for other similar reasons, in particular by assigning an eligible staff member,
(d) ensure that all persons acting on its behalf act politely, conserve the rights and legitimate interests of the participants in insolvency proceedings and other persons, treat them with respect, treat them as far as possible and proceed with them in such a way that they are as burdened as possible and that no unjustified costs are incurred;
(e) prevent conflicts of interest;
(f) not act for the benefit of a particular creditor or a limited range of creditors;
(g) to dispose of and manage property in a transparent manner and in a manner that does not lead to a reduction in the satisfaction of creditors or to damage the legitimate interests of the debtor;
(h) verify, on the basis of the necessary supporting evidence, the potential nullity and ineffectiveness of the debtor's legal acts and, where appropriate, without undue delay, call for nullification or to oppose inefficient legal acts;
(i) to keep their own assets separate from other assets, in particular those of the debtor, and to manage them separately in different insolvency proceedings;
(j) to carry out periodic checks on the accounts and tax records held by the debtor;
(k) inform the parties of their rights and obligations in insolvency proceedings in a timely and sufficient manner to avoid unjustified damage to their rights and, upon request, inform them of the course and state of insolvency proceedings;
(l) to give consent to the legal acts of the debtor in a given form within a reasonable time, taking into account the rights and legitimate interests of the debtor and creditors, and, failing such consent, to justify such a procedure; and
(m) take the necessary measures to avoid obstructing the purpose of insolvency proceedings, in particular to supervise the activities of its staff or, where appropriate, other persons acting on its behalf.
Modification procedure in the person of the insolvency administrator
(1) The requirement to carry out the obligation of the insolvency administrator to exercise his or her duties with due diligence and to inform the new insolvency administrator accordingly in the event of revocation or termination is within 5 working days of the effective decision on the revocation of the office or the decision to discharge the function in full to inform the new insolvency administrator of his or her activities and to transmit the results thereof, as well as the file and originals of all documents relating to the performance of the function.
(2) The insolvency administrator shall agree with the new insolvency administrator on the manner and place of transmission of the documents referred to in paragraph 1 and record it on the file; If no agreement is reached, it shall transmit the documents by delivery to the head office of the new insolvency administrator.
(3) Paragraphs 1 and 2 shall apply mutatis mutandis to the interim administrator where a person different from the interim administrator is designated in the insolvency decision by the insolvency administrator.
Procedure for examining claims
The requirement to fulfil the obligation of the insolvency administrator to exercise his or her duties conscientiously and with professional care when examining claims is
(a) immediately after its provision, notify, through the insolvency register, the place and manner of inspection of the files of claims applied for;
(b) inform the insolvency court, without undue delay, of the date and place of the hearing with the debtor to examine the claims applied for and of any amendment thereto;
(c) duly examine the claims applied for, in particular in accordance with the annexes to the applications received from the insolvency court or, where appropriate, from the creditor by a call for completion and, on the basis of other necessary supporting documents, justify, where appropriate, why the claims applied for were not examined in the order in which they were lodged with the insolvency court;
(d) in order to prevent disputes, where appropriate, before denying the claim applied for, inform the creditor, who shall give him the unsubstantiated evidence or evidence to deny the claim by the insolvency administrator;
(e) sufficient grounds to justify its denial if it denies the claim applied for; and
(f) state sufficient reasons in the list of claims applied for to justify that it does not deny the claim if it deviates from the caselaw published in the Reports of Judgments and Opinions.
Procedure for the acquisition and storage of audio image recording
(1) The requirement to fulfil the obligation of the insolvency administrator to act conscientiously and with professional care in the performance of his or her duties in personal dealings with the debtor to examine the claims applied for is the acquisition and preservation of a sound image recording of such conduct.
(2) The insolvency administrator shall demonstrate its identity during the recording process.
(3) On the day of such conduct, the insolvency administrator shall send to the insolvency court a summary check to demonstrate the integrity and authenticity of the record. On request of an alert pursuant to § 21, the current checksum generated on the date of making such an alert shall also be documented to the beneficiaries.
Procedure after declaration of bankruptcy
The requirement to fulfil the obligation of the insolvency administrator to exercise his or her duties conscientiously and with professional care after the bankruptcy is
(a) by means of a physical and documentary inventory, to carry out the inventory of assets belonging to the property according to the inventories or records kept by the debtor at his disposal and to the data and information obtained from the requested synergies;
(b) to process and continuously supplement the inventory of property according to the actual situation; and
(c) report to the insolvency court and the creditor committee on the findings on the possible nullity and ineffectiveness of the debtor's legal acts.
Procedure for the identification and inventory of property
The requirement to fulfil the obligation of the insolvency administrator to exercise his or her duties conscientiously and with professional care in the detection and inventory of assets shall be:
(a) the identification of the property to be carried out by a personal activity or through a staff member;
(b) when examining the apartment, registered office and other places where the debtor is to place the property belonging to the property, compare the situation actually established with the information provided by the debtor in the list of assets and inform the insolvency court of any differences,
(c) in the case of the debtor in respect of whom the execution procedure is being conducted, also establish the assets through the cooperation of the court executor; and
(d) where possible, to procure, in the identification of the property, the image documents to which it refers in the inventory when identifying the property.
Recovery procedure
The requirement to perform the obligation of the insolvency administrator in the performance of his or her duties is conscientiously and with professional care in the liquidation of the property or part of it.
(a) to carry them out in person or through a staff member and, when sold outside the auction, in particular by means of a tender for the most appropriate tender or tender; and
(b) to the insolvency court without undue delay to submit to the debtor's file in the insolvency register copies of the documents relating to the current redemption of the property or part thereof; This does not apply if this could reduce the satisfaction of creditors or otherwise impede the purpose of insolvency proceedings.
Procedure for publication of the report on the insolvency proceedings procedure
The requirement to carry out the duties of the insolvency administrator to exercise his or her duties with due diligence and to publish in an appropriate manner a report to the creditor and the public on the procedure for insolvency proceedings is:
(a) a draft report containing information relating to the insolvency proceedings procedure in the previous period, to be drawn up in terms taking into account the interests of creditors;
(b) submit the draft report to the creditor committee with a request for approval and, in the absence of consent, draw up a new draft report in accordance with the observations it requests from the creditor committee; and
(c) without undue delay upon receipt of the consent of the insolvency court to request the publication of the report in the insolvency register or, where appropriate, to publish it on its website or by any other appropriate means.
Procedure for dealing with the debtor
The requirement to fulfil the obligation of the insolvency administrator to exercise his or her duties with due diligence and professional care when dealing with a debtor whose insolvency is resolved by debt relief shall be:
(a) to give priority to personal dealings with the debtor over written communications and to favour written electronic communications over paper forms, unless otherwise agreed with the debtor, but always taking into account the circumstances of the case and preventing the occurrence of unjustified costs;
(b) negotiate with the debtor at the registered office or establishment under which the insolvency administrator has been designated for insolvency proceedings or at the debtor's residence, where appropriate at the request of the debtor and in agreement with another place; and
(c) inform the debtor, in a personal hearing, of the conduct and purpose of the proceedings, of the manner in which the debtor may deny the claims applied for and of the importance of denying the claim applied for.
Supervision of the debtor
The requirement to perform the obligation of the insolvency administrator to exercise his or her duties with due diligence and professional care in the supervision of the debtor's debt relief activities is:
(a) to obtain information on the amount of the debtor's income, to monitor the situation in the local labour market surrounding the debtor's residence, and to assess whether the debtor can reasonably be required to make a higher profit;
(b) in the case of an unemployed debtor, obtain information on the activity of the debtor in obtaining employment and assess whether the debtor is sufficiently committed to obtaining income;
(c) in the case of the debtor undertaking, to check the amount of income from business or other self-employed activities and tax returns made by the debtor, to verify, in particular, the payment of public service obligations and to assess the profitability of the debtor's business and the fair opportunity to obtain a higher income in the employment relationship;
(d) regularly, at least once every 3 months, check with the debtor whether he has any liabilities past due, whether he has acquired any value, in particular by gift or inheritance, whether he has stolen any property belonging to the property and whether there have been changes in maintenance or in the number of dependants, or whether such changes can be expected; and
(e) determine whether circumstances have come to light on the basis of which it would reasonably be possible to assume that an unfair intention is being followed by debt.
Payment procedure
The requirement to fulfil the obligation of the insolvency administrator to exercise his or her duties with due diligence and professional care in the payment of parts of the instalment due to unsecured creditors on debt by the payment of the repayment schedule with the payment of the property is:
(a) without undue delay, to make payments to unsecured creditors, normally within 10 working days of the date on which, according to the decision approving the debt relief, they are credited to the account of the property of the debtor's income reduction,
(b) without undue delay to pay the debtor that part of the income for the month in question which cannot be deducted, normally within 5 working days of the date on which, according to the decision approving the debt cancellation, they are credited to the account of the property of the debtors' income deduction, on the basis of wage or other certificates of the debtor's income,
(c) without undue delay, to make payments to creditors of maintenance claims by law, normally within 5 working days of the date on which, according to the decision approving the debt cancellation, they are credited to the account of the property of the debt reduction,
d) payments of low amounts not exceeding 150 CZK to be made at least once every 6 months, usually in agreement with the creditor,
(e) determine to the payers the amount of the debtor's wages individually which part of the non-recoverable amount is not to be deducted if the implementation of the deduction from the salary or other income of the debtor has been ordered by more than one debtor's salary, without determining in the decision to approve the debt relief by fulfilling the repayment schedule with the payment of the property, which part of the non-recoverable amount should not be deducted; and
(f) inform the payer of the debtor's salary of the way in which the wage deductions are made if this contributes to economic progress in insolvency proceedings.
File management
The requirement to perform the obligation of the insolvency administrator to exercise his or her duties with due regard and with professional care is to ensure that files are kept, which are understood to be related to the receipt, registration, division, circulation, preparation, processing, signing, sending, storing, discharging and making available of documents which the insolvency administrator becomes familiar with in the performance of his or her duties.
File
(1) A separate file shall be established for each insolvency proceedings for which the insolvency administrator has been appointed.
(2) The file shall be kept in paper form, electronic form or in combined form.
(3) Each file shall bear the file mark of the insolvency court in which the insolvency proceedings are conducted and, where appropriate, the file mark of the insolvency administrator.
Content of the file
(1) The file shall contain in particular judicial decisions, certificates, correspondence, protocols, records and other documents relating to the insolvency proceedings in question.
(2) Any document placed on the file shall be accompanied by an unambiguous identifier and an indication of the time of entry into the file.
(3) The file also contains a file summary showing the inventory of documents on file together with the identifier of each document and, where appropriate, the fact that the document is based in electronic form.
Annexes to the file
(1) The file shall also include annexes, in particular image and audio recordings and records on electronic media.
(2) The file also includes specific annexes which constitute:
(a) files of applications for claims, including annexes thereto and other documents; and
(b) files containing documents relating to incident disputes.
Publication of the file
(1) Where the insolvency administrator uses a computerised information system to maintain the file in electronic or combined form, it shall ensure the accessibility of data to the extent of the data in the files of the claim applications and a sound image recording of the personal dealings with the debtor to examine the claims entered to the beneficiaries by means of technical means or remote access.
(2) The insolvency practitioner shall ensure that the insolvency practitioner is accessible to authorised persons in its seat if it is not a file for final insolvency proceedings.
TRANSITIONAL AND FINAL PROVISIONS
(1) This Order shall also apply to the activities of the insolvency administrator carried out from the date of entry into force of this Order in insolvency proceedings initiated before its entry into force.
(2) In insolvency proceedings initiated before the date of entry into force of this Order, for the purposes of this Order, debt relief shall be deemed to be a debt relief by means of a repayment schedule with the payment of assets.
They shall be deleted:
1. Decree No. 355 / 2013 Coll., on the official hours of the establishment, on the designation of the registered office and establishment and on the activities which the insolvency administrator is obliged to carry out in the establishment.
2. Decree No. 101 / 2015 Coll., amending Decree No. 355 / 2013 Coll., on the official hours of the establishment, on the designation of the registered office and establishment and on the activities which the insolvency administrator is obliged to carry out in the establishment.
EFFECTIVE
This Decision shall enter into force on 1 June 2019.
Minister of Justice:
JUDr. Priest, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 121 / 2019 Coll., on material equipment and standards for the performance of the function of insolvency administrator |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.05.2019 |
|---|---|
| Effective from | 01.06.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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