Decree No. 191 / 2017 Coll.
Decree on the formalities for filing and forms of electronic submissions in insolvency proceedings and amending Decree No. 311 / 2007 Coll., on Rules of Procedure for insolvency proceedings and implementing certain provisions of the insolvency law, as amended
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Effective from 01.07.2017
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191
DECLARATION
of 27 June 2017
on the formalities for filing and forms of electronic submissions in insolvency proceedings and amending Decree No. 311 / 2007 Coll., on Rules of Procedure for insolvency proceedings and implementing certain provisions of the insolvency law, as amended
The Ministry of Justice provides, pursuant to Articles 18 (1) and 431 (a), (d) and (e) of Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (Insolvency Act), as amended by Act No. 296 / 2007 Coll., Act No. 69 / 2011 Coll., Act No. 294 / 2013 Coll. and Act No. 64 / 2017 Coll.:
DECLARATION ON THE INDUSTRY OF ADMINISTRATION AND ELECTRONIC ADMINISTRATION IN THE INSOLVENCY PROCEDURE
Subject matter
This Order regulates the requirements
(a) application forms for insolvency proceedings instead of creditors;
(b) the ballot,
(c) the forms of application for the claim;
(d) the forms for the list of claims applied for;
(e) the forms of denial by the creditor,
(f) a statement of the application of a claim for property or a claim assimilated to it;
(g) an inventory of the debtor's property,
(h) final report forms;
(i) the restructuring plan;
(j) reports on the restructuring plan;
(k) the reporting forms for the implementation of the reorganisation plan;
(l) the forms of application for authorisation for debt relief;
(m) defaulting reports;
(n) review reports,
(o) a record of negotiations with the debtor;
(p) reports on the execution of debt relief;
(q) exemption reports; and
(r) reports on the fulfilment of the debt relief.
Application for insolvency proceedings instead of a creditor
(1) The form of application for insolvency proceedings, instead of a creditor, contains:
(a) the designation "Application for insolvency proceedings instead of a creditor,"
(b) the designation of the insolvency court and the file number under which the insolvency proceedings are conducted;
(c) the designation of the original creditor, including the address for service, if different from the address of the creditor;
(d) the designation of a new creditor, including the address for service, if it is different from the address of the creditor;
(e) a proposal that the acquirer of the claim or the person referred to in Article 183 (3) or Article 184 (3) of the insolvency law enter the insolvency proceedings instead of the original creditor;
(f) details of the contract or other legal facts with which the legislation links the transfer or transfer of the claim applied for from the original creditor to the transferee of the claim, or details of the fact which entitles the person from whom the creditor may require the performance under Article 183 (1) and (2) of the insolvency law, or the person who satisfied the claim for which the claim was withdrawn under Article 184 (3) of the insolvency law,
(g) the description and amount of the claim or part thereof in respect of which the new creditor enters the proceedings, and, where appropriate, the description and amount of the part of the claim in respect of which the original creditor continues the proceedings;
(h) a list of the Annexes; and
(i) date and signature.
(2) The annexes to the form of the creditor's application for entry into insolvency proceedings of the acquirer are:
(a) a authentic instrument or instrument on which the authenticity of the signatures of the persons who have signed it is officially verified, evidencing the existence of a contract or other legal fact with which the law links the transfer or transfer of the claim applied for from the original creditor to the transferee of the claim, unless the transfer or transfer of the claim applied for results directly from the law;
(b) a power of attorney if the original creditor is represented by a power of attorney and is not part of the file; and
(c) the consent of the acquirer to the insolvency proceedings.
Voting list
The ballot shall include:
(a) the designation "Voting Ticket,"
(b) the designation of the insolvency court and the file number under which the insolvency proceedings are conducted, unless a vote is taken outside the creditors' meeting before the insolvency proceedings are opened;
(c) the designation of the debtor;
(d) the designation of the creditor, including the address for service, if it is different from the address of the creditor;
(e) details of the application of the claim in respect of which the creditor exercises the right to vote;
1. the total amount of the creditor's claims, distinguishing between the total amount of both secured and unsecured claims and the identification of the claim application relied on by the creditor for voting purposes; that designation is not required if the vote is taken prior to the opening of insolvency proceedings; and
2. details of the person who submitted the application in respect of a person different from the voting creditor;
(f) whether the claim has been established if the creditor is known;
(g) the definition of the subject matter of the vote;
(h) information on the creditor's vote;
(i) details of the person who signed the ballot, if different from the creditor;
(j) the voting date; and
(k) an officially certified signature.
(1) The definition of the subject of the vote shall include a description of the proposal or other matter to be put to the vote.
(2) Where a vote is made on the adoption of a reorganisation plan, the definition of the subject matter of the vote shall also include whether the vote is before or after the opening of insolvency proceedings and the designation of the creditor who is the promoter of the reorganisation plan or that it is a reorganisation plan proposed by the debtor.
(3) Where there is a vote on the method of debt relief of the debtor, or whether the creditors recommend compliance with the debtor's request to set a different amount of monthly instalments on debt relief by fulfilling the repayment schedule with the payment of assets, the definition of the subject matter of the vote shall also include information as to whether the vote is before or after the opening of insolvency proceedings.
(1) The information on the creditor's vote shall indicate whether the creditor votes in favour or opposes the adoption of a proposal or the approval of another matter under the vote.
(2) Where a vote on the method of debt relief is taken, it shall be stated whether the creditor votes in favour or against the debt relief through the redemption of the debtor's assets or by fulfilling the repayment schedule with the payment of the property or whether the creditor votes against all such means of debt relief.
(1) The information on the creditor's vote shall also indicate the amount of the claim with which the creditor votes if it is lower than the total amount of the claim applied for.
(2) If there is a vote on the form of debt relief by the debtor or if the creditors recommend that the debtor's request be met for the determination of a different amount of monthly instalments in the event of debt relief by fulfilling the repayment schedule with the redemption of the property, the creditor's declaration shall also be stated that, in the entirety of the claim to which he votes, he is an unsecured creditor.
If the creditor is represented by a power of attorney, the ballot shall be attached to the ballot. The Annex shall be clearly marked on the first page at the top by the words "Attachment to the ballot."
Application for a claim
(1) The application form shall contain:
(a) the designation "Application of the claim,"
(b) the identification of the insolvency court and the file number under which the insolvency proceedings are conducted, unless the application is filed at the same time as the insolvency application;
(c) the designation of the debtor;
(d) the designation of the creditor, including the address for service, if it is different from the address of the creditor;
(e) details of the contract or other fact giving rise to the claim, including an indication of the facts relevant to the claim;
(f) an indication of whether the claim or part thereof is enforceable;
(g) an indication of the order of the claim;
1. for claims secured by property belonging to the property of the debtor, the claim shall contain a description of the legal fact on the basis of which the collateral was established, the applicable law governing the collateral, the description of the property of the property to which the collateral was established, the indication of whether an agreement on the order of satisfaction of the secured creditors has been concluded and the method of calculating the interest under Article 171 of the insolvency law in the event that the creditor is entitled to it in the proceedings;
2. for claims secured otherwise than by property belonging to the property of the debtor, the application shall include information on the extent of the collateral and on whether such claims are secured by the property of persons other than the debtor, indicating the object in respect of which the collateral was established, its owner and the date on which the collateral was established, or whether such claims are secured by the guarantee of another person, indicating the guarantor and the date of the guarantee,
3. For claims satisfied solely on the assets provided for collateral, the claim application shall contain an indication of the personal debtor different from the debtor and an indication of the subject for which the collateral was established, including the date on which the collateral was established; and
4. for subordinated claims, details of their subordination;
(h) an indication of the nature of the claim;
(i) an indication of the amount of the claim, namely
1. an indication of the total amount of the principal of the claim and the amount of the principal of the claim at the time of the occurrence of the claim; where the claim is not monetary or indefinite, the application shall contain a description of the procedure used to quantify the claim; and
2. an indication of the total amount of the applied-in accessory, the satisfaction of which is not excluded under Section 170 of the Insolvency Act, including the method of its calculation with a distinction of different types of accessories;
(j) a statement of the veracity of the information contained in the application;
(k) the list of Annexes;
(l) details of the person who has signed the application if it is a person different from the creditor;
(m) date and signature; and
(n) the code for data transmission via the scan device.
(2) Indication of the nature of the claim means the indication of whether the claim is cash or non-cash, the claim is indeterminate, the claim is contingent or unconditional, the claim is due or not due, the claim expressed in Czech crowns or foreign currency. If the claim is expressed in a foreign currency, the claim application shall contain a description of how the claim is converted into Czech crowns and the exchange rate used.
(3) The annexes to the claim application form are:
(a) documents proving the existence of a creditor - a legal person, in particular an extract from a foreign trade register or similar register, unless this can be verified under the basic register law in the relevant register;
(b) a copy of the contracts, judicial or other decisions and other documents supporting the information contained in the application;
(c) a power of attorney if the creditor is represented by a power of attorney and the power of attorney is not based in the file;
(d) an affidavit by a creditor who has acquired the claim by transfer or by similar means after the opening of insolvency proceedings, or within the last 6 months before the opening of insolvency proceedings, of who his beneficial owner is under another legislature1), including an indication of the reason for which he is considered to be the beneficial owner under another legislature1).
List of claims applied for
(1) The list of claims applied for consists of the following parts:
(a) Part 1 - Overview sheet,
(b) Part 2 - Review sheet for unsecured creditors,
(c) Part 3 - Review sheet for the secured creditor.
(2) The overview sheet contains:
(a) the designation "List of claims applied for,"
(b) the designation of the insolvency court and the file number under which the insolvency proceedings are conducted;
(c) the designation of the debtor;
(d) the date of the review or review of the claims applied for;
(e) an overview of the claims and unsecured claims applied for;
1. the creditor's serial number,
2. the serial number of the application,
3. the creditor's designation,
4. the amount and a brief summary of the reason for the claim,
5. Indication of the amount to which the claim has not yet been met,
6. an indication of the amount to which the claim is not subordinated;
7. Indication of how and to what extent the claim was denied,
8. Indication of the amount to which the claim is enforceable,
9. Indication of how and to what extent the claim is contingent,
10. an indication of the proportion of the amount of the claim applied for in the total amount of all claims applied for; and
11. in the case of secured claims, also details of the facts giving rise to the collateral, the method of collateral and the case, law, claim or other equity that is the subject of the collateral;
(f) an indication of what is known to the insolvency administrator of the connection between the debtor and the creditor pursuant to § 53 (1), (3) or (5) of the insolvency law;
(g) details of claims not included in the review hearing;
(h) a proposal for a decision on the right to vote on claims not yet examined; and
(i) date and signature.
(3) The unsecured creditor review sheet contains:
(a) the designation "Review sheet of the unsecured claim,"
(b) the application number and the partial claim number;
(c) the designation of the creditor;
(d) details of the claim applied for;
1. the total amount of the claim applied for;
2. the total amount of principal of the claim applied for at the time of its establishment;
3. an indication of whether and to what extent the claim is enforceable, including the indication of the enforceable decision or other enforceable title,
4. an indication of whether the claim is contingent, including a description of the condition;
5. an indication of whether and to what extent the claim is unsubordinate and, where appropriate, a description of the method of subordination; and
6. details of the contract or other fact giving rise to the claim;
(e) an indication of whether the insolvency administrator or the debtor
1. denies the authenticity of the claim;
2. denies the amount of the claim, indicating what the amount of the claim actually is; or
3. denies the order of the claim, indicating the order in which the claim is to be satisfied;
(f) the opinion of the insolvency administrator on the claim applied for, in what part and for what reason it denies the claim;
(g) details of the claim denied by the creditor; and
(h) details of the outcome of the dispute concerning the determination of the authenticity, amount or order of the claim.
(4) In addition to the particulars referred to in points (b) to (h) of paragraph 3, the review sheet for the secured creditor shall contain the designation "Review sheet of the secured claim '.
(5) In the list of claims applied for, the insolvency administrator shall draw up a review sheet for each claim applied for and denied separately.
(6) The annex to the form for the list of claims applied for, drawn up in connection with the examination of claims applied for under Section 410 of the Insolvency Act is an overview of the claims applied for, indicating whether or not the debtor denies the claim; the debtor shall attach a signature to his opinion.
Denial of the claim by the creditor
(1) The form of denial of the claim by the creditor
(a) the designation "Denial of the claim by the creditor,"
(b) the designation of the insolvency court and the file number under which the insolvency proceedings are conducted;
(c) the designation of the creditor who denies the claim;
(d) the name of the creditor whose claim is denied and the name of the claim which is denied;
(e) a definition of the reasons for which the claim is denied in respect of its authenticity, if it is to deny the authenticity of the claim,
(f) a definition of the reasons for which the claim is denied in full and an indication of the actual amount of the claim, if any,
(g) a definition of the reasons for which the claim is denied in its order and an indication of the order in which the claim is to be satisfied if it is to be denied the order of the claim;
(h) the list of Annexes;
(i) details of the person who has signed the claim by the creditor; and
(j) date and signature.
(2) The annexes to the claim denial form submitted by the creditor are:
(a) a copy of the contracts, judicial decisions and other documents proving the reasons for the denial; and
(b) the power of attorney if the creditor applied for is represented by the power of attorney and the power of attorney is not part of the file.
Notification of the application of a claim for property or a claim assimilated to it
(1) The notification of the application of a claim for property or a claim assimilated to it contains:
(a) the designation "Notification of the application of a claim for property or a claim assimilated to it,"
(b) the designation of the insolvency court and the file number under which the insolvency proceedings are conducted;
(c) the designation of the person with the available authorisations;
(d) the name of the creditor, including the address for service, if different from the creditor's place of residence or registered office, and an indication of the bank connection of the creditor;
(e) the designation of the insolvency administrator;
(f) details of the claim applied,
1. the total amount of the claim applied;
2. the total amount of principal of the claim claimed,
3. an indication of the extent to which the claim has not yet been met;
4. an indication of whether and to what extent the claim is due;
5. an indication of whether and to what extent the claim is enforceable;
6. an indication of whether and to what extent the claim is contingent, including a description of the condition;
7. Indication whether and to what extent the claim is subordinated, including a description of the method of subordination; and
8. details of the contract or other fact giving rise to the claim;
(g) further details of the claim applied, if the claim secured is:
1. an indication of the amount at which the claim is secured;
2. an indication of the order of the collateral,
3. details of the facts giving rise to the provision;
4. details of the method of collateral; and
5. details of the case, law, claim or other assets subject to collateral;
(h) the list of Annexes;
(i) details of the person who signed the notification, if different from the creditor;
(j) date and signature.
(2) The annexes to the notification of the application of a claim for property or an equivalent claim are:
(a) documents proving the existence of a creditor - legal person, in particular an extract from a commercial register or similar register;
(b) a copy of the contracts, judicial or other decisions and other documents evidencing the information provided in the notification of the application of a claim for property or a claim assimilated to it; and
(c) a power of attorney if the creditor is represented by a power of attorney and the power of attorney is not part of the file.
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Regulation Information
| Citation | Decree No. 191 / 2017 Coll., on the formalities for filing and electronic submission forms in insolvency proceedings and amending Decree No. 311 / 2007 Coll., on Rules of Procedure for insolvency proceedings and implementing certain provisions of the insolvency law, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2017 |
|---|---|
| Effective from | 01.07.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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