What is Act No. 182 / 2006 Coll.?

Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (Insolvency Act) — Insolvency Act.

When it became Act No. 182 / 2006 Coll. effectiveness?

Act No. 182 / 2006 Coll. became effective 01.01.2008.

Is Act No. 182 / 2006 Coll. still valid?

Yes, Act No. 182 / 2006 Coll. is still valid and effective.

Act No. 182 / 2006 Coll.

Insolvency Act

Valid Effective from 01.01.2008

ČÁST PRVNÍ HLAVA I § 1 § 2 § 3 § 4 § 5 § 6 § 7 § 7a § 7b § 7c § 8 HLAVA II Díl 1 § 9 § 10 § 11 § 12 § 13 Díl 2 § 14 § 15 § 16 § 17 § 18 § 19 § 20 Díl 3 § 21 § 22 § 23 § 24 § 25 § 26 § 27 § 28 § 29 § 30 § 31 § 32 § 33 § 34 § 35 § 36 § 37 § 38 § 39 § 40 § 40a § 41 § 42 § 43 § 44 § 45 Díl 4 § 46 § 47 § 48 § 49 § 50 § 51 § 52 § 53 § 54 § 55 § 56 § 57 § 58 § 59 § 60 § 61 § 62 § 63 § 64 § 65 § 66 § 67 § 68 Díl 5 § 69 § 70 HLAVA III § 71 § 72 § 73 § 74 § 75 § 76 § 77 § 78 § 79 § 80 § 80a § 81 § 82 § 83 § 83a § 84 § 85 § 86 § 87 § 88 § 89 § 90 § 91 § 92 § 93 § 94 § 95 § 96 HLAVA IV Díl 1 § 97 § 98 § 99 § 100 § 100a § 101 Díl 2 § 103 § 104 § 105 § 106 § 107 § 108 Díl 3 § 109 § 110 § 111 § 112 § 113 § 114 Díl 4 § 115 § 116 § 117 § 118 § 119 § 120 § 121 § 122 § 123 § 124 § 125 § 126 § 127 § 127a Díl 5 § 128 § 128a § 129 § 130 § 131 § 132 § 133 § 134 § 135 § 136 § 137 § 138 § 140 § 140a § 140b § 140c § 140d § 140e § 141 § 141a § 142 § 143 § 144 § 145 § 146 § 147 Díl 6 § 148 § 149 § 150 § 151 § 152 § 153 § 154 § 155 § 156 § 157 Díl 7 § 158 Díl 8 § 159 § 160 § 161 § 162 § 163 § 164 HLAVA V Díl 1 § 165 § 166 § 167 § 168 § 169 § 170 § 171 § 172 Díl 2 § 173 § 173a § 174 § 175 § 176 § 177 § 178 § 179 § 180 § 181 § 182 § 182a § 183 § 184 § 185 § 186 § 187 § 188 § 189 § 190 § 191 § 192 § 193 § 194 § 195 § 196 § 197 § 198 § 199 § 200 § 201 § 202 Díl 3 § 203 § 203a § 204 HLAVA VI § 205 § 206 § 207 § 208 § 209 § 210 § 211 § 212 § 213 § 214 § 215 § 216 § 217 § 218 § 219 § 220 § 221 § 222 § 223 § 224 § 225 § 226 § 227 § 228 § 229 § 230 HLAVA VII Díl 1 § 231 § 232 § 233 § 234 Díl 2 § 235 § 236 § 237 § 238 § 239 § 240 § 241 § 242 § 243 ČÁST DRUHÁ HLAVA I Díl 1 § 244 § 245 § 246 § 248 § 249 § 250 § 252 § 253 § 254 § 255 § 256 § 257 § 258 § 259 § 260 § 261 § 262 Díl 2 § 263 § 264 § 265 § 266 § 267 Díl 3 § 268 § 269 § 270 § 271 § 272 § 273 § 274 § 275 § 276 Díl 4 § 277 § 279 § 280 § 281 § 282 Díl 5 § 283 § 284 § 285 § 286 § 287 § 288 § 289 § 289a § 290 § 291 § 292 § 293 § 294 § 295 Díl 6 § 296 § 297 § 298 § 300 § 301 Díl 7 § 302 § 303 § 304 § 305 § 306 § 307 Díl 8 § 308 § 309 § 310 § 311 § 312 § 313 Díl 9 § 314 § 315 HLAVA II Díl 1 § 316 Díl 2 § 317 § 318 § 319 § 320 § 321 § 322 § 323 § 324 Díl 3 § 325 § 326 § 327 § 328 § 329 § 330 § 330a § 331 § 332 § 333 Díl 4 § 334 § 335 § 336 § 337 Díl 5 § 338 § 339 § 340 § 341 § 342 § 343 § 344 § 345 § 346 § 347 § 348 § 349 § 350 § 351 Díl 6 § 352 § 353 § 354 § 355 § 356 § 357 § 358 § 359 § 360 § 361 Díl 7 § 362 § 363 § 364 HLAVA III § 365 § 366 HLAVA IV Díl 1 Oddíl 1 § 367 Oddíl 2 § 368 § 368a § 368b § 368c § 368d § 368e § 369 § 370 § 371 § 372 § 373 § 374 § 374a § 374b § 374c § 375 § 375a § 376 Oddíl 3 § 377 § 378 Díl 2 Oddíl 1 § 379 Oddíl 2 § 380 § 381 § 382 § 383 § 384 § 385 § 386 Oddíl 3 § 387 § 388 Díl 3 § 388a § 388b § 388c Díl 4 § 388d § 388e HLAVA V § 389 § 390 § 390a § 391 § 392 § 393 § 394 § 394a § 395 § 396 § 397 § 397a § 398 § 398a § 398b § 399 § 400 § 401 § 402 § 403 § 404 § 405 § 406 § 407 § 408 § 409 § 410 § 411 § 412 § 412a § 412b § 413 § 414 § 416 § 417 § 418 ČÁST TŘETÍ HLAVA I § 418a § 418b § 418c § 418d § 418e § 418f § 418g § 418h HLAVA II § 418i § 418j § 418k § 418l ČÁST ČTVRTÁ HLAVA I § 419 § 420 § 421 § 422 § 423 § 424 § 425 HLAVA II § 426 § 427 § 428 § 429 § 430 § 430a HLAVA III § 430b HLAVA IV § 431 § 432 § 433 § 434

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182

THE LAW

of 30 March 2006

on bankruptcy and its methods of resolution (insolvency law)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PART

HLAVA I

BASIC PROVISIONS

§ 1

Subject matter

This law implements the relevant provisions of the European Union75) and provides for

(a) a solution to the insolvency and the imminent insolvency of the debtor by judicial proceedings in one of the specified ways, in order to organise property relations with the persons concerned by the debtor's insolvency or threatening insolvency and to satisfy the debtor's creditors as fully and substantially as possible;

(b) the debt relief of the debtor.

§ 2

Definition of certain basic terms

For the purposes of this Act:

(a) insolvency proceedings involving the debtor's bankruptcy or imminent bankruptcy and the way in which it is dealt with;

(b) the court of insolvency before which insolvency proceedings are pending and the court which decides on the appeal in insolvency proceedings;

(d) by an incident dispute brought about by insolvency proceedings, on which the law provides for it, pending in insolvency proceedings;

(e) property intended to satisfy the debtor's creditors,

(f) a person with available authorisations who, during insolvency proceedings, is entitled to dispose of the property in respect of all the authorisations of which he is composed;

(g) a creditor secured by a creditor whose claim is secured by property belonging to the property, only by lien, detention, limitation of the transfer of property, transfer of rights or transfer of a security claim or similar law under foreign law; the secured creditor is also the security agent under the bond law,

(h) an application for a claim for a procedural act whereby the creditor claims to satisfy his rights in insolvency proceedings;

(i) by the insolvency register, an information system containing information under this law;

(j) the common interest of creditors is the interest superior to their individual interests, if its aim is to ensure that the chosen way of dealing with bankruptcy is fair and more profitable than other ways of dealing with bankruptcy; This is without prejudice to the statutory special position of certain creditors,

(k) a financial institution of a bank, savings and credit cooperative, a securities dealer who is an investment firm pursuant to Article 4 (1) (2) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council on prudential requirements for credit institutions and investment firms (hereinafter referred to as a securities dealer), an insurance and reinsurance undertaking, and under the conditions laid down in this Act, certain other persons.

§ 3

Decline

(1) The debtor is bankrupt if he has:

(a) more creditors; and

(b) cash liabilities for a period longer than 30 days after the due date; and

("insolvency ').

(2) It shall be considered that the debtor is unable to fulfil his financial obligations if:

(a) suspend payments of a substantial part of its cash liabilities; or

(b) they do not comply with them for a period exceeding 3 months after the due date; or

(c) it is impossible to obtain satisfaction of one of the cash claims due against the debtor by enforcement or execution; or

(d) has failed to fulfil the obligation to submit the lists referred to in Paragraph 104 (1) imposed by the insolvency court.

(3) A debtor who is an entrepreneur and keeps accounts shall be deemed to be able to meet his or her cash obligations if the difference between the amount of his or her cash liabilities due and the amount of his or her available funds (hereinafter referred to as the "cover gap ') laid down in the liquidity statement under the implementing legislation amounts to less than a tenth of the amount of his or her cash obligations due, or if the outlook for the liquidity development established under the implementing legislation proves that the coverage gap falls below one tenth of the amount of his or her cash obligations due. The liquidity statement or the outlook for liquidity developments shall be drawn up in accordance with the requirements laid down in the implementing legislation, the auditor, the expert or the person concerned with economic advice in the field of insolvency and restructuring and shall comply with the requirements laid down in the implementing legislation.

(4) A debtor who is a legal person or a natural person - an entrepreneur - is bankrupt even if overindebted. Overindebtedness is if the debtor has more creditors and the sum of his liabilities exceeds the value of his assets. In determining the value of the debtor's assets, account shall also be taken of the further management of his assets or, where appropriate, of the continued operation of his business if, in view of all circumstances, it is reasonable to assume that the debtor will be able to continue to manage the assets or operate the business.

(5) The impending bankruptcy is if, in view of all circumstances, it is reasonable to assume that the debtor will not be able to fulfil a substantial part of his money obligations properly and in a timely manner.

(6) The content, scope and manner of drawing up the liquidity statement and the outlook for liquidity developments and the arrangements, labelling and content of the items of assets, liabilities, costs, revenue and expenditure in the liquidity statement and the liquidity outlook, the length of the period for which the liquidity outlook is to be drawn up and the requirements for persons entitled to draw up the liquidity statement or the liquidity outlook are laid down in implementing legislation.

§ 4

Dealing with bankruptcy

(1) The way in which the debtor's insolvency proceedings (hereinafter referred to as the "method of resolution of insolvency") are to be resolved is:

(a) bankruptcy;

(b) reorganisation;

(d) the specific means of dealing with bankruptcy laid down by that law for certain entities or for certain types of cases.

(2) A decision by the insolvency court on how to deal with bankruptcy is understood,

(a) the decision to declare the bankruptcy of the debtor's assets (hereinafter referred to as the "decision to declare the bankruptcy") shall be taken in respect of the bankruptcy or any special means of handling the bankruptcy;

(b) where reorganisation is concerned, the decision authorising reorganisation; and

§ 5

Principles of insolvency proceedings

The insolvency proceedings shall be based in particular on the following principles:

(a) insolvency proceedings must be conducted in such a way that none of the participants is unfairly harmed or illegally favoured and that they achieve rapid, economical and as much satisfaction as possible for creditors;

(b) creditors having substantially the same or similar status under this law have equal opportunities in insolvency proceedings;

(c) unless otherwise provided for in this law, the rights of the creditor acquired in good faith before the opening of insolvency proceedings may not be restricted by decision of the insolvency court or by procedure of the insolvency administrator;

(d) creditors shall be obliged to refrain from acting to satisfy their claims outside insolvency proceedings, unless the law so permits.

§ 6

Exemptions from the scope of the Act

(1) This Act cannot be applied if:

(a) State;

(b) self-governing sector2),

(d) General Health Insurance Company of the Czech Republic,

(e) the financial market guarantee system and funds managed by it;

(f) securities dealers' guarantee fund;

(g) a public university; or

(h) a legal person, if the State or a higher territorial authority (2) has taken over or guaranteed all its debts before the insolvency proceedings.

(2) This Act cannot be further applied if:

(a) to a financial institution, for as long as it is the holder of a licence or authorisation under specific legislation governing its activities; This does not apply to a securities dealer,

(b) a health insurance undertaking established under a special legislation (3), for as long as it carries a public health insurance permit;

§ 7

Application of the Civil Code and the Law on Special Procedures

Save as otherwise provided in this law, or where such a procedure does not conflict with the principles on which insolvency proceedings are based, the provisions of the Civil Code (4) relating to the contested proceedings shall apply mutatis mutandis to insolvency proceedings and to incident disputes and, if this is not possible, to the provisions of the Law on Special Procedures; However, the provisions relating to enforcement or execution shall apply mutatis mutandis only where the law refers to them.

§ 7a

Jurisdiction

The regional courts rule as first-degree courts

(a) in insolvency proceedings;

(b) in incident disputes,

(d) in disputes concerning compensation or other damage arising from the initiation of insolvency proceedings and measures taken in its course;

(e) in cases arising from legal relations between the debtor and the insolvency administrator concerning the property belonging to the debtor's property.

§ 7b

Local jurisdiction

(1) For insolvency proceedings, the court in whose jurisdiction the general court of the debtor is situated shall be competent. For insolvency proceedings against a debtor registered in a commercial register, the court in whose jurisdiction the debtor's general court was at the date preceding the 6 months of the opening of insolvency proceedings shall be competent; If there is no such court, the court shall have jurisdiction according to the first sentence.

(2) If the insolvency proceedings in which the insolvency proceedings are to be dealt with are to be dealt with by the insolvency proceedings of the debtor of the group, the insolvency court in which insolvency proceedings involving insolvency proceedings or the imminent insolvency of the debtor forming the group shall also be responsible in addition to the court referred to in paragraph 1.

(3) In the case of insolvency proceedings in which the insolvency proceedings are to be dealt with, or the imminent bankruptcy of a debtor who is a foreign person, and unless the law of European Union59 is directly applicable, insolvency proceedings may also be initiated in the insolvency court in whose territory the undertaking or organisational component of the undertaking of such a debtor is located in the Czech Republic.

(4) The insolvency court has jurisdiction in the cases referred to in § 7a (b) to (e).

(5) The insolvency court in respect of which insolvency proceedings are pending shall, even before a decision on local jurisdiction, take measures which cannot be delayed and decide to appoint an interim creditor committee, to appoint an interim administrator, not to publish the insolvency application or other documents in the insolvency register, to reject the insolvency application or to reject the insolvency application for obvious unfounded reasons.

§ 7c

Participation of the Public Prosecutor

The Public Prosecutor may enter the insolvency proceedings initiated, including incident disputes, and a moratorium.

§ 8

The provisions of Part One and Part Four of this Act shall apply only if this Act provides otherwise in Part Two concerning one of the ways of dealing with bankruptcy.

HLAVA II

PROCEDURAL ENTITIES

Díl 1

Proceedings

§ 9

The procedural bodies under this Act are:

(a) insolvency court;

(b) the debtor,

(d) the insolvency administrator or, where appropriate, the other trustee;

(e) a public prosecutor entering insolvency proceedings or an incident dispute; and

(f) the debtor's liquidator.

§ 10

Insolvency Court

Insolvency Court in insolvency proceedings

(a) issue decisions the law imposes or requires;

(b) exercise continuous supervision of the procedure and activities of other procedural bodies and decide on matters related thereto (hereinafter referred to as "surveillance activity").

§ 11

(1) In carrying out supervision activities, the insolvency court shall decide on matters relating to the conduct of insolvency proceedings, take the measures necessary to ensure its purpose and impose obligations relating to the activities of individual bodies.

(2) The insolvency court is entitled to require from the insolvency administrator the reports and explanations of his or her progress, to examine his or her accounts and to conduct the necessary investigations. It shall be entitled to give instructions to and require the insolvency administrator to seek the opinion of the creditor committee on certain issues.

§ 12

(1) A single judge (self-judge) shall act and act at first instance in insolvency proceedings and in incident disputes.

(2) The law governing senior judicial officers and senior civil servants shall determine when a senior judicial officer is entitled to act and decide in insolvency proceedings.

§ 13

Assistant Judge of the Insolvency Court

The assistant to the court of insolvency shall act under the authority of the court of insolvency.

Díl 2

Interested parties

§ 14

(1) The participants in insolvency proceedings are debtors and creditors who exercise their right to the debtor.

(2) Intervention is not permitted in insolvency proceedings; Paragraph 16 (2) shall be without prejudice to this.

§ 15

In the absence of the creditor applied for, other persons exercising their right in insolvency proceedings shall be parties to the proceedings only for as long as the insolvency court is negotiating and deciding on that right.

§ 16

(1) The parties to the proceedings in the event disputes are the applicant and the defendant, unless otherwise specified.

(2) Intervention in an incident dispute is permissible.

§ 17

Admission to proceedings (7) and replacement of a party to proceedings (8) are not admissible in insolvency proceedings.

§ 18

(1) Where, in the course of insolvency proceedings, the fact to which the legislation links the transfer or transfer of the claim applied for from the original creditor to the transferee of the claim, without the original creditor losing his capacity to be a party to the proceedings, the insolvency court decides that the transferee of his claim shall instead enter the insolvency proceedings. It shall do so on the basis of a proposal from the creditor, which may only be made on a form the details of which are laid down in the implementing legislation and upon the written consent of the transferee of his claim. The transfer or transfer of a claim which does not result directly from the legislation shall be evidenced by a public instrument (9) or by a document to which the authenticity of the signatures of the signatory is officially verified.

(2) The insolvency court shall decide on the application referred to in paragraph 1 within 3 working days of the date on which it has obtained such an application; Paragraph 43 of the Civil Code does not apply. A proposal not submitted on the form referred to in paragraph 1 shall not be taken into account. If the insolvency court does not decide within the period referred to in the first sentence, it shall no longer be required to decide on the application pursuant to paragraph 1 and the insolvency court shall be deemed to have given the decision by which it granted the application; that decision is not for the court to draw up.

(3) The decision referred to in paragraph 1 shall also be taken by the insolvency court if the creditor and the transferee of his claim make a joint declaration to that court that the event referred to in paragraph 1 has occurred; paragraph 2 shall apply mutatis mutandis.

(4) The decision referred to in paragraphs 1 and 3 shall not be delivered separately to the debtor. An appeal against it is not admissible, but the insolvency court is not bound by this decision.

§ 19

(1) The acquirer of the claim becomes a party to the insolvency proceedings as soon as the insolvency court decides to enter the insolvency proceedings pursuant to Article 18 and the insolvency proceedings are in place for him at the time he became a party to the insolvency proceedings. The acquirer thus enters the place of the original creditor and into the incident disputes relating to his acquired claim.

(2) Paragraph 177 (2) to (6) shall apply mutatis mutandis. The required documents shall be submitted by the transferee to the insolvency administrator within 15 days of the entry into the insolvency proceedings.

§ 20

(1) The provisions of Part One of Title Three of the Civil Code relating to the conduct of a legal person, state and local authorities and the representation of the parties apply mutatis mutandis to insolvency proceedings and incidents.

(2) The trade union may represent the debtor's staff in insolvency proceedings and in incident disputes, if it is about the application of his labour law claims.

Díl 3

Insolvency trustee and other trustees

§ 21

(1) The insolvency administrator shall be established from the list of insolvency administrators maintained by the Ministry of Justice ("the Ministry").

(2) The formalities for the list of insolvency administrators, the data entered in it, its breakdown, management and the conditions for entry in it, and the establishment of the right to pursue the activities of the insolvency administrator and the host insolvency administrator are governed by special legislation9a).

(3) For the purposes of this Act, the Insolvency Trustee is also the Visiting Trustee.

§ 22

(1) A person included in the list of insolvency administrators may refuse his or her provision by the insolvency administrator only if there are important reasons for doing so.

(2) If the insolvency administrator cannot be selected from the list of insolvency administrators, a natural person who fulfils the general and qualification conditions for entry in the list of insolvency administrators may also be designated as such and agrees with its provisions.

§ 23

The insolvency administrator shall enter into a liability insurance contract for his or her cargo that could arise in connection with the performance of his or her duties or the activities of his or her staff for the entire duration of his or her duties.

§ 24

(1) The insolvency administrator shall be excluded from insolvency proceedings where, in view of his or her relationship with the case or the persons of the participants, there is reason to doubt his or her bias; This does not apply in the case referred to in Section 34. The insolvency administrator shall also be excluded if, in the last 3 years before the start of the insolvency proceedings, he has performed under the Law on preventive restructuring the function of restructuring manager of the debtor or of the person constituting the group debtor. As soon as the designated insolvency administrator becomes aware that there are grounds for its exclusion, he shall notify the insolvency court immediately.

(2) The public commercial company designated by the insolvency administrator shall immediately notify the insolvency court which of its members, through which it carries on the business of the insolvency administrator (60), will act on its behalf as insolvency administrator; paragraph 1 shall apply mutatis mutandis to that member.

§ 25

(1) The insolvency practitioner shall be appointed by the insolvency court. Where a decision authorising a reorganisation pursuant to Paragraph 148 (2) is linked to a bankruptcy decision and where an insolvency administrator is designated in the submitted reorganisation plan, the insolvency court shall designate that person as the insolvency administrator; This is not the case if the insolvency administrator thus designated does not fulfil the conditions set out in paragraphs 21 to 24 and paragraph 3. Paragraph 29 is without prejudice to this.

(2) In the absence of a case referred to in paragraph 1, the insolvency court shall designate the insolvency administrator to designate the person designated by the President of the insolvency court in accordance with the order of the date of registration of its registered office or establishment in the relevant part of the list of insolvency administrators kept by:

(a) for the district court district which is the insolvency court of the debtor, where, at the time of designation, an application is filed for bankruptcy or where, at the time of destination, an application is not made for a different method of resolution of insolvency and where the debtor is not a person pursuant to Article 3 (2) of the Insolvency Administrations Act 9a);

(b) for the district court, which is the insolvency court of the debtor, where, at the time of designation, an application for authorisation for debt relief is made.

(3) If, at the time of designation, an application is made for the authorisation of a reorganisation or if the debtor is a person pursuant to Article 3 (2) of the Insolvency Truste9a (a), irrespective of the way in which insolvency proceedings are dealt with, the insolvency court shall designate an insolvent trustee to be appointed by the President of the Insolvency Court in accordance with the order of the date of registration of its registered office in a separate part of the list of insolvency administrators.

(4) If other circumstances do not prevent this, the President of the insolvency court shall designate the same person as the insolvency administrator of the debtors forming the group. The same procedure shall apply to debtors who are spouses.

(5) Where it is not possible to establish the person of the insolvency administrator in accordance with the procedure referred to in paragraph 2, or where it is necessary, taking into account the state of the insolvency proceedings, the person of the debtor and his property ratios, as well as the professional competence of the insolvency administrator, his current activities and the burden on him, the President of the insolvency court may appoint an insolvency administrator outside the specified order; Such a procedure shall always be justified.

(6) Paragraphs 2 and 3 shall not apply where the person of the insolvency administrator who is the visiting insolvency administrator is designated. For insolvency proceedings, the President of the insolvency court shall designate the person of the insolvency administrator who is the visiting insolvency administrator from the relevant part of the list in accordance with a procedure which complies with the principle of temporary or occasional, where appropriate, taking into account the existing status of the insolvency proceedings, the person of the debtor and his property ratios, as well as the professional competence of the person of the insolvency administrator who is the visiting insolvency administrator.

§ 26

An appeal shall be admissible against a decision on the provision of an insolvency practitioner. However, in the appeal, the only argument may be that the designated insolvency administrator does not fulfil the conditions for a provision or that he is not unbiased. The facts which occurred or arose after the decision of the Court of First Instance shall not be taken into account in the appeal proceedings.

§ 27

(1) The insolvency court shall appoint an insolvency administrator at the latest in the bankruptcy decision. Under the conditions laid down by this Law, the insolvency court may establish a preliminary insolvency administrator (hereinafter referred to as the "interim administrator ') before a decision on bankruptcy; the decision shall be published in the same way as the decision on bankruptcy.

(2) The preliminary administrator shall exercise before a decision on the bankruptcy of an activity laid down in this Act and imposed on him by the insolvency court and shall have the rights and obligations which that court shall lay down for him. These rights and obligations cannot be defined by the insolvency court to the extent that they belong to the insolvency administrator following the bankruptcy decision. If the insolvency court does not provide otherwise for the person of the insolvency administrator in the bankruptcy decision, the interim administrator shall become the insolvency administrator with full effect after that decision.

(3) The provisions on the insolvency trustee apply mutatis mutandis to the interim trustee.

§ 28

Under the conditions laid down by this Act, both the insolvency authorities and the creditor authorities shall decide on the change in the person of the insolvency administrator; Articles 21 to 24 and 25 (3) shall apply mutatis mutandis to their decisions.

§ 29

(1) At the meeting of creditors closest to the hearing, the creditors may decide to remove the insolvency court of the designated insolvency administrator and to appoint a new insolvency administrator. The insolvency practitioner's appeal, which has been designated by the insolvency court in the framework of a reorganisation authorised under Paragraph 148 (2), by the person designated in the submitted reorganisation plan pursuant to Paragraph 25 (1), and the provisions of the new insolvency administrator may also be decided by the creditors at the creditors' meeting, which is the closest to turning the reorganisation into bankruptcy. This resolution shall be adopted if at least half of all creditors registered on the date preceding the meeting of the creditors have voted in favour of them, calculated according to the amount of their claims, who have the right to vote. If this is the way to deal with the insolvency of the debt, this resolution is adopted if the majority of all creditors registered on the date preceding the meeting of creditors whose claims calculated above (Paragraph 49 (1)) have voted in favour of them at the same time as the majority of the claims applied for.

(2) The resolution on the provisions of the insolvency administrator referred to in paragraph 1 is confirmed by the insolvency court; they do not confirm them only if the insolvency administrator does not fulfil the conditions set out in Articles 21 to 24 and 25 (3); Article 54 (1) shall not apply.

(3) The decision referred to in paragraph 2 shall be taken by the insolvency court before the end of the creditors' meeting which adopted the orders referred to in paragraph 1; the appeal is admissible only if the insolvency court does not confirm the creditors' meeting. The person entitled to appeal shall only be the creditor who voted in favour of the resolution at the creditors' meeting; Paragraph 55 (1) shall apply mutatis mutandis.

(4) The insolvency practitioner shall, in accordance with the procedure referred to in paragraph 1, be ordered by the insolvency court to report to him within a specified period of time on his activity, in particular on the state of the assets he has managed and to account for the remuneration, expenses completed and expenses incurred in connection with the administration and maintenance of the assets.

§ 30

(1) If the creditors' meetings adopt a resolution on the removal of the designated insolvency administrator without taking a decision on the provisions of the new insolvency administrator, or if the insolvency administrator's meetings have been withdrawn from office under Paragraph 31 (2), the insolvency administrator shall, by decision, appoint an insolvency court; Paragraph 29 (1) shall not apply to the insolvency administrator thus designated.

(2) If, as a result of a decision by the insolvency court to refuse the application of the claim, there is a change in the persons of the creditors or the amount of their claims that would affect the outcome of the order of the creditors' meeting referred to in paragraph 1, the order referred to in paragraph 29 (1) may also be adopted by the creditors' meeting which is closest to that amendment.

§ 31

Withdrawal of the insolvency practitioner

(1) For important reasons which do not originate in breach of the obligations of the insolvency administrator, the insolvency court may, on a request from the insolvency administrator or the creditor authority or without such request, remove the insolvency administrator from office. It shall normally do so after hearing the insolvency practitioner; the proposal submitted shall be decided without delay.

(2) The insolvency practitioner established in accordance with the procedure laid down in Article 29 (1) to (3) shall be dismissed by the insolvency court even if he so requests within 3 days after having become aware of his provision; This is not the case if the insolvency administrator has agreed in advance to its provision.

(3) An insolvency administrator who has been deprived of the right to pursue the activities of the insolvency administrator or has been suspended under the Insolvency Managers Act 9a) may, on the basis of a proposal from the insolvency administrator, a creditor or a debtor or without such a proposal, withdraw the insolvency court from office. If circumstances permit, they shall do so after hearing the insolvency administrator; the proposal submitted shall be decided without delay.

(4) An insolvency administrator whose authorisation has been revoked or whose right to exercise the activities of an insolvency administrator on a temporary or occasional basis, on the basis of a decision of the Ministry under the Insolvency Truste9a Act, shall withdraw the insolvency court from office. The insolvency administrator established in accordance with the procedure laid down in Article 25 (3) shall be dismissed by the insolvency court even if a special permit has been revoked or if his right to carry out temporarily or occasionally the activities of the insolvency administrator of the debtor under Article 3 (2) of the Insolvency Trusts9a) has been revoked by the Ministry under the Insolvency Trustee Act 9a). If it is further apparent that the debtor is a person under Section 3 (2) of the Insolvency Trusts9a) and the insolvency administrator has not been established in accordance with the procedure laid down in Section 25 (3), the insolvency administrator shall immediately inform the insolvency court which retract it.

(5) If the insolvency court withdraws the insolvency administrator, it shall at the same time appoint a new insolvency administrator. An appeal against this Decision shall be admissible; However, an opinion on the provisions of the new insolvency administrator may only be appealed separately for the reasons set out in Section 26.

(6) The appeal insolvency administrator shall inform the new insolvency administrator accordingly without undue delay of its activities and shall forward to him all documents relating to the performance of his duties; his responsibility for the duration of his duties shall not cease.

(7) Paragraph 29 (4) applies mutatis mutandis.

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Regulation Information

Citation	Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (Insolvency Act)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	09.05.2006
Effective from	01.01.2008
Effective until	-
Status	Valid

The regulation text is for informational purposes only.