Decree No. 133 / 2019 Coll.
Decree amending Decree No. 313 / 2007 Coll., on the remuneration of the insolvency administrator, on the reimbursement of his final expenses, on the remuneration of members and alternates of the creditor committee and on the reimbursement of their necessary expenses, as amended
Valid
Order
Effective from 01.06.2019
Text versions:
01.06.2019
30.05.2019
133
DECLARATION
of 28 May 2019
amending Decree No 313 / 2007 Coll., on the remuneration of the insolvency administrator, on the reimbursement of his final expenses, on the remuneration of members and alternates of the creditor committee and on the reimbursement of their necessary expenses, as amended
According to § 431 (b) and (c) of Act No. 182 / 2006 Coll., on bankruptcy and its methods of resolution (insolvency law), as amended by Act No. 296 / 2007 Coll.:
Decree No. 313 / 2007 Coll., on the remuneration of the insolvency administrator, on the reimbursement of his final expenses, on the remuneration of members and alternates of the creditor committee and on the reimbursement of their necessary expenses, as amended by Decree No. 488 / 2012 Coll. and Decree No. 398 / 2013 Coll., is amended as follows:
1. Paragraph 3, including the title, reads:
Remuneration of the insolvency practitioner on derecognition
(1) If the form of resolution of the debtor's insolvency is by the redemption of the property, the remuneration of the insolvency administrator shall be the amount determined in accordance with § 1, but at least CZK 45,000.
(2) If the form of resolution of the debtor's insolvency is the execution of a repayment schedule with the redemption of the property, the remuneration of the insolvency administrator shall be:
(a) 750 CZK for each calendar month starting from the decision to authorise debt relief until the end of the payment schedule,
(b) the proceeds of the redemption in accordance with Paragraph 286 of the insolvency law intended to be split up among unsecured creditors, including the amount due for the remuneration of the insolvency administrator;
| od 0 do 500 tis. Kč | 15 % |
| od 500 tis. Kč do 1 mil. Kč | 75 000 Kč + 9 % z částky přesahující 500 tis. Kč |
| od 1 mil. Kč do 5 mil. Kč | 120 000 Kč + 4 % z částky přesahující 1 mil. Kč |
| od 5 mil. Kč do 10 mil. Kč | 280 000 Kč + 3 % z částky přesahující 5 mil. Kč |
| od 10 mil. Kč do 50 mil. Kč | 430 000 Kč + 2 % z částky přesahující 10 mil. Kč |
| od 50 mil. Kč | 1 230 000 Kč + 1 % z částky přesahující 50 mil. Kč, |
(c) 4% of the proceeds of the redemption achieved by other means intended to be distributed among unsecured creditors, including the amount due for the remuneration of the insolvency practitioner; and
(d) in the case of the redemption of assets used for reinsurance, the amount determined in accordance with Article 1 (1) and (2).
(3) The monthly amount of the remuneration of the insolvency practitioner determined in accordance with paragraph 2 (a) is:
(a) increase by 50% in the case of debt relief authorised on the basis of a joint proposal by the spouses;
(b) reduce by 70% during the period of interruption of the debt relief.
(4) The remuneration of the insolvency administrator referred to in paragraph 2 (b) shall be at least CZK 20,000; However, if the proceeds of less than CZK 20,000 have been obtained, the remuneration of the insolvency administrator shall be the proceeds obtained less the expenses of the insolvency administrator. "
2. In Article 7 (4), the words "monetization of assets' shall be inserted after the words" performance of the repayment schedule '.
Transitional provision
Insolvency proceedings initiated prior to the date of entry into force of this Order shall be governed by Decree No. 313 / 2007 Coll., as effective from the date of entry into force of this Order, only when determining the remuneration of the insolvent administrator for the redemption carried out at the earliest on the date of entry into force of that Order; In doing so, derecognition shall be considered to be derecognition of the repayment schedule with the redemption of the property.
Efficacy
This Decision shall enter into force on 1 June 2019.
Minister of Justice:
Mgr. Benešová v. r.
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Regulation Information
| Citation | Decree No. 133 / 2019 Coll., amending Decree No. 313 / 2007 Coll., on the remuneration of the insolvency administrator, on the reimbursement of his final expenses, on the remuneration of members and alternates of the creditor committee and on the reimbursement of their necessary expenses, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.05.2019 |
|---|---|
| Effective from | 01.06.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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