Decree No. 15 / 2024 Coll.
Decree implementing the Preventive Restructuring Act
Valid
Effective from 02.02.2024
15
DECLARATION
of 19 January 2024
implementing the Preventive Restructuring Act
The Ministry of Justice provides, pursuant to § 64 (2), § 65 (6) and § 112 (3) of Act No. 284 / 2023 Coll., for preventive restructuring:
Subject matter
This decree regulates
(a) the method of determining the remuneration and reimbursement of the costs effectively incurred by the restructuring trustee;
(b) the minimum level of insurance benefits and the minimum standards of insurance for the restructuring trustee;
(c) the scope of the publication of the information in the restructuring register.
Flat-rate monthly remuneration
(1) The restructuring trustee shall be remunerated for each month of his or her term of office, in which he or she performs at least one task:
(a) monitoring the activities of the entrepreneur to the extent defined by the decision of the restructuring court;
(b) carrying out investigations and reporting on the results of such investigations for the purposes of the decision of the Restructuring Court on matters relating to preventive restructuring; or
(c) providing further synergies to the restructuring court in its decision-making activities, including the submission of recommendations on the extension of the general moratorium.
(2) The remuneration referred to in paragraph 1 shall be set at 12 times the average monthly turnover of the entrepreneur during the last financial year preceding the start of the preventive restructuring. In order to determine the remuneration, the table of remuneration of the insolvency practitioner shall be used for the reorganisation set for intervals of 12 times the average monthly turnover in accordance with the order governing the remuneration of the insolvency administrator by analogy.
Remuneration for sub-actions
(1) Furthermore, the restructuring trustee shall be remunerated for:
(a) the provision of an expert opinion where, in the course of the restructuring procedure, there is a reason for assessing the business establishment of the entrepreneur, part of it or other part of the business of the entrepreneur, at the rate of one quarter of one month's remuneration, as provided for in Article 2;
(b) a certificate during the vote on the adoption of the restructuring plan, at the level of the remuneration for drawing up the notarial minutes of the certificate, of a legally relevant fact as determined by the Decree governing the remuneration and compensation of notaries in cases where the tariff value of the operation carried out cannot be determined or determined only at disproportionate cost;
(c) carrying out a preliminary examination of one claim at the level of the remuneration fixed for each creditor's claim application under the order governing the remuneration of the insolvency administrator.
(2) The total remuneration of the number of preliminary reviews of claims carried out is equal to or greater than the maximum remuneration of the number of applications for creditors' claims examined, determined in accordance with the order governing the remuneration of the insolvency administrator.
Remuneration for trust management
For the performance of the function of the trustee or for the management of the shares of the shareholders of the entrepreneur transferred by the reinsurance transfer of the right to the restructuring trustee in order to secure the claims of the parties concerned, the remuneration referred to in this decree does not apply; This does not preclude entitlement to the contractual remuneration or remuneration determined by the restructuring plan.
Remuneration in remaining cases
(1) If the remuneration cannot be determined in accordance with Paragraph 2 or 3, the amount of the remuneration shall be decided by the restructuring court, taking into account in particular the duration, extent and complexity of the activity of the restructuring trustee.
(2) If more than one restructuring trustee is involved, each of them shall have a share of the remuneration corresponding to the duration, scale and complexity of their activities.
Amount of compensation for the costs effectively incurred
The provisions on determining the amount of compensation for travel, postal and telecommunications costs, the cost of producing copies or photocopies and on determining the amount of other final expenses pursuant to the Insolvency Trustee's remuneration shall apply mutatis mutandis for the reimbursement of the costs incurred effectively.
Minimum insurance performance limit and minimum standards of insurance contracts
For the minimum level of claims on liability insurance that could arise in connection with the performance of the function of the restructuring trustee under the Law on Preventive Restructuring or the activities of its employees, and for the minimum standards of insurance contracts, the rules laid down in the Decree governing the minimum level of claims and the minimum standards of insurance contracts of insolvency administrators for persons authorised to perform the function of insolvency trustee under the insolvency law shall apply mutatis mutandis.
Publication of data in the restructuring register
(1) At the request of a natural person, the restructuring court shall make personal data contained in that natural person's submission available in the restructuring register, except for a name which is always available to the public. Such an application may be made at any time during the restructuring procedure.
(2) If it is not the natural person who made the submission, only its name shall be published in the restructuring register with such natural person.
(3) In the restructuring register, information on the nature of the personal data not published is attached to the submitted submission.
This Decree shall take effect on the day following that of its publication.
Minister of Justice:
JUDr. Blažek, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 15 / 2024 Coll., implementing the Act on Preventive Restructuring |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.02.2024 |
|---|---|
| Effective from | 02.02.2024 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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