Decree No. 313 / 2007 Coll.
Ordinance on the remuneration of the insolvency practitioner, the reimbursement of his final expenses, the remuneration of members and alternates of the creditor committee and the reimbursement of their necessary expenses
Valid
Order
Effective from 01.01.2008
313
DECLARATION
of 22 November 2007
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
The Ministry of Justice provides, pursuant to § 431 (c) and (d) of Act No. 182 / 2006 Coll., on bankruptcy and methods of its resolution (insolvency law):
Remuneration of insolvency practitioners in bankruptcy
(1) If the debtor's bankruptcy is a solution, the remuneration of the insolvency administrator shall be the sum of the remuneration determined in accordance with paragraph 2 and paragraph 3. For the purposes of calculating the remuneration under the first sentence, the proceeds of the redemption to be made to creditors shall include the amount due to the remuneration of the insolvency administrator.
(2) The remuneration of the insolvency administrator, determined from the proceeds of the redemption of an individual object of collateral, shall be made by the amount to be paid to creditors whose claim has been secured by that object.
| od 0 – 1 mil. Kč | 9 % |
|---|---|
| od 1 mil. Kč do 10 mil. Kč | 90 000 Kč + 4 % z částky přesahující 1 mil. Kč |
| od 10 mil. Kč do 50 mil. Kč | 450 000 Kč + 3 % z částky přesahující 10 mil. Kč |
| od 50 mil. Kč do 500 mil. Kč | 1 650 000 Kč + 2 % z částky přesahující 50 mil. Kč |
| od 500 mil. Kč | 10 650 000 Kč + 1 % z částky přesahující 500 mil. Kč. |
For the purposes of this Decree, a functional entity consisting of a set of items, rights or property values shall be considered as an individual object of the guarantee.
(3) The remuneration to be paid from the proceeds of the monies to be distributed among unsecured creditors is to be paid in respect of the proceeds
| od 0 do 500 tis. Kč | 25 % |
| od 500 tis. Kč do 1 mil. Kč | 125 000 Kč + 20 % z částky přesahující 500 tis. Kč |
| od 1 mil. Kč do 5 mil. Kč | 225 000 Kč + 15 % z částky přesahující 1 mil. Kč |
| od 5 mil. Kč do 10 mil. Kč | 825 000 Kč + 13 % z částky přesahující 5 mil. Kč |
| od 10 mil. Kč do 50 mil. Kč | 1 475 000 Kč + 10 % z částky přesahující 10 mil. Kč |
| od 50 mil. Kč do 100 mil. Kč | 5 475 000 Kč + 5 % z částky přesahující 50 mil. Kč |
| od 100 mil. Kč do 250 mil. Kč | 7 975 000 Kč + 1 % z částky přesahující 100 mil. Kč |
| od 250 mil. Kč | 9 475 000 Kč + 0,5 % z částky přesahující 250 mil. Kč. |
(4) For the purposes of this Order, the proceeds of the monies to be distributed among unsecured creditors shall be the proceeds of the monies to be distributed among unsecured creditors included in the schedule and proceeds of the monies to be settled by unsecured creditors assimilated to claims for substance.
(5) If the debtor's bankruptcy is resolved, the remuneration of the insolvency administrator is at least CZK 45,000.
Remuneration of the insolvency practitioner in the reorganisation
If the debtor's insolvency is resolved by a reorganisation and the creditors' meeting is not approved with the agreement of the insolvency administrator for a different amount of remuneration, the insolvency administrator shall be entitled to pay for each month started
(a) in the first year following the decision to authorise reorganisation, the remuneration set out in 12 times the average monthly turnover for the last financial year preceding the insolvency proposal; and
(b) in the following years of reorganisation, the remuneration to be determined from 12 times the average monthly turnover for the accounting year of the previous year of reorganisation:
on turnover
| od 0 do 100 mil. Kč | 33 000 Kč |
| od 100 mil. Kč do 250 mil. Kč | 83 000 Kč |
| od 250 mil. Kč do 500 mil. Kč | 166 000 Kč |
| od 500 mil. Kč do 750 mil. Kč | 249 000 Kč |
| od 750 mil. Kč do 1 mld. Kč | 332 000 Kč |
| nad 1 mld. Kč | 415 000 Kč. |
In addition, the insolvency administrator shall be remunerated from the number of outstanding claims of creditors, which shall amount to CZK 1 000 for each creditor's claim, up to a maximum of CZK 1 000 000 in total for the outstanding claims. The creditor's claim application shall be considered to be a revised application, which the insolvency administrator has included in the list of claims applied for under the insolvency law. If the debtor's bankruptcy is resolved and the insolvency administrator has not been cashed in, the remuneration shall be at least CZK 45,000.
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) CZK 1,650 for each calendar month beginning from the decision to authorise debt relief until the decision to approve debt relief and CZK 750 for each calendar month started following the approval of debt relief until the end of the repayment 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 the debt by 70% during the period of interruption;
(c) reduce by one third for the duration of the extension of the debt relief period pursuant to Paragraph 412b (6) of the insolvency law.
(4) If the debtor's insolvency is a solution to the debt relief by fulfilling the repayment schedule with the redemption of the assets or if the debt is not approved, the remuneration of the insolvency administrator pursuant to § 2a, § 3 (2) (a) and (3), or increased by value added tax, shall not exceed the sum of the advances paid by the debtor to the remuneration of the insolvency administrator. The remuneration of the insolvency administrator pursuant to § 2a, § 3 (2) (a) and § 3 (3) shall be CZK 20,000 and, in the case of debt relief authorised on the basis of the joint proposal of the spouses, CZK 30,000 does not reach the sum of the advances paid by the debtor to the remuneration of the insolvency administrator of this amount and submitted a report to the insolvency administrator for debt relief.
(5) 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.
(1) If the reorganisation becomes a bankruptcy, the remuneration of the insolvency administrator shall be the amount determined in accordance with § 1, but at least the amount determined in accordance with § 2. Paragraph 2a is without prejudice to this.
(2) The insolvency practitioner's remuneration shall be the amount determined in accordance with Section 1, but at least the amount determined in accordance with Section 3, if the approved debt has been cancelled and the decision to settle the debtor's bankruptcy is taken.
If the remuneration cannot be determined in accordance with the procedure set out in paragraphs 1 to 4, the insolvency court shall decide on the amount of the remuneration, taking into account in particular the duration, extent and complexity of the activity of the insolvency practitioner.
(1) Where more than one insolvency trustee, a representative of the insolvency trustee, a separate insolvency trustee, a special insolvency trustee or an interim trustee have been in insolvency proceedings, each of them shall have a share of the remuneration corresponding in particular to the length, extent and complexity of their activities.
(2) If applications for claims on a list of applied claims by multiple insolvency administrators are included, each of them shall be entitled to:
(a) the remuneration provided for in Paragraph 2a, but not more than CZK 1 000 000, corresponding to the number of claims applied for by him on the list of claims applied for; or
(b) the share of the remuneration referred to in § 2a of the sentence of the last corresponding to the number of claims applied by him on the list of claims applied for.
Amount of reimbursement of the final expenses of the insolvency practitioner
(1) The amount of reimbursement of travel expenses is governed by specific legislation.
(2) Postal charges, telecommunications charges, costs of copies and photocopies are paid at an established amount, up to a maximum of 5% of the remuneration of the insolvency administrator determined under this decree.
(3) Other expenditure effected shall be reimbursed at the amount shown but not exceeding the price prevailing at the time and place of application of such expenditure.
(4) In the context of the performance of its debt relief activity, the Insolvency Trustee shall be entitled to reimburse the cost of the debt in the amount of CZK 150 and, in the case of debt relief, authorised on the basis of a joint proposal by the spouses of CZK 225 for each calendar month starting from the decision to authorise the debt relief until the end of the repayment schedule.
(5) The creditors' committee may agree with the insolvency administrator to reimburse some of the final expenses on a flat-rate basis and in other ways of dealing with bankruptcy.
Maximum allowable amount of wage reduction and minimum amount of advance payment
(1) In the period from the decision to authorise debt relief to the decision to authorise debt relief, the maximum allowable amount of the wage reduction under Section 136 (3) of the Insolvency Act and the lowest amount of the advance under Section 136 (5) of the Insolvency Act shall be CZK 1,800 per month and, in the case of debt relief authorised under the joint proposal of spouses, CZK 2,700 per month.
(2) In the period after the completion of the repayment schedule, the maximum permissible amount of the wage reduction pursuant to Section 406 (3) (g) of the Insolvency Act shall be CZK 10,000 per month and, in the case of debt relief authorised on the basis of the joint proposal of spouses, CZK 15,000 per month.
(3) The amounts referred to in paragraphs 1 and 2 shall be increased by value added tax if the insolvency administrator is its payer.
Reimbursement by the State of the remuneration and reimbursement of final expenses of the insolvency practitioner
(1) If the remuneration of the insolvency administrator cannot be paid in full or in part by means of property or by advance payment for the costs of insolvency proceedings, the State shall pay it to the extent that it cannot be paid from these sources, but not more than CZK 50,000. If the debtor's insolvency is a solution to the debt relief by fulfilling the repayment schedule with the payment of the property or if the debt relief is not approved, the remuneration of the insolvency administrator shall be paid by the State to a maximum of CZK 20,000 and, in the case of the debt relief authorised on the basis of the joint proposal of the spouses, CZK 30,000.
(2) If the payment of the final expenses of the insolvency administrator cannot be made in whole or in part by means of property or by advance payment for the costs of insolvency proceedings, the State shall pay it to the extent that it cannot be paid from these sources, but not more than CZK 50 000.
(3) In the event that the remuneration of the insolvency practitioner and its final expenses are paid by the State, those amounts shall be paid by the insolvency court.
Remuneration of members and alternates of the creditor committee and reimbursement of their necessary expenses
(1) The remuneration of members and alternates of the creditor committee shall be determined by the insolvency court, taking into account in particular the duration, scope and complexity of the activity carried out, so that the total remuneration of all members and alternates of the creditor committee is up to a maximum of 5% of the remuneration of the insolvency administrator determined under this decree.
(2) The amount of reimbursement of travel expenses is governed by specific legislation.
(3) Postal charges, telecommunications charges, the cost of copies and photocopies are paid at a proven amount, up to a maximum of 5% of the remuneration of the insolvency administrator.
(4) The other necessary expenditure shall be reimbursed at the declared amount, but not more than the price prevailing at the time and place of application of such necessary expenditure.
Efficacy
This Decree shall take effect on 1 January 2008.
Minister:
JUDr. Pospíšil v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | 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 |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.12.2007 |
|---|---|
| Effective from | 01.01.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0