Decree No. 397 / 2013 Coll.
Decree amending Decree No. 311 / 2007 Coll., on Rules of Procedure for insolvency proceedings and implementing certain provisions of the Insolvency Act, as amended by Decree No. 70 / 2011 Coll.
Valid
Order
Effective from 01.01.2014
Text versions:
01.01.2014
09.12.2013
397
DECLARATION
of 28 November 2013
amending Decree No 311 / 2007 Coll., on Rules of Procedure for insolvency proceedings and implementing certain provisions of the insolvency law, as amended by Decree No 70 / 2011 Coll.
According to § 431 (a) and (d) 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. and Act No. 294 / 2013 Coll.:
Decree No 311 / 2007 Coll., on Rules of Procedure for insolvency proceedings and implementing certain provisions of the insolvency law, as amended by Decree No 70 / 2011 Coll., is amended as follows:
1. in Paragraph 1 (a):
"(a) the rules of procedure for insolvency proceedings, including the particulars of the entry under Section 85 of the Insolvency Act, the calls for applications for claims, the inventory of assets, the notification of the inventory of assets, the notification of the application of the claim for property or claims assimilated to it, the list of claims applied for, the handling of claims, the rules for their storage and consultation, the elements of the restructuring plan, and ';
2. The following Section 3a is inserted after Section 3, including the title:
Forms of the record of receipt or submission of information by the insolvency court
(1) The record of receipt or submission of information by the insolvency court pursuant to § 85 of the insolvency law contains:
(a) the designation "Record of receipt or submission of information by an insolvency court under Section 85 of the Insolvency Act,"
(b) the designation of the insolvency court and the file number under which the insolvency proceedings are conducted;
(c) the date and time of receipt or submission of the information;
(d) the name and surname of the member of staff who drew up the alert;
(e) a concise, clear and concise representation of the information received or submitted;
(f) the list of annexes to the information with which it is received or submitted;
(g) details of the person receiving or submitting the information and, where he is present in court, his signature.
(2) Paragraph 21 (2) shall apply mutatis mutandis to the designation of a person referred to in paragraph 1 (g); where that person is an insolvency proceedings body, he shall be named by the name and surname or by the name and designation of the procedural position. ';
3. After Paragraph 13, the following Section 13a is inserted:
Notification of the inventory of assets
(1) The written notification of the inclusion of the case, rights, claims and other assets in the inventory contains:
(a) the designation of the insolvency court, including the file number under which the insolvency proceedings are conducted;
(b) the designation of the debtor and the designation of the person to whom the notification is addressed;
(c) data enabling the identification of the case, rights, claims and other assets included in the inventory of assets;
(d) the justification for the inclusion of the case, rights, claims and other assets in the inventory;
(e) the date and signature of the insolvency practitioner.
(2) In addition, the disclosure of the inventory of assets shall include an indication of the possibility to file an exclusion claim, indicating the time limit for its submission and the consequences of the delay.
(3) Paragraph 21 (2) shall apply mutatis mutandis to the designation of the debtor and the person to whom the notification is addressed. ';
4. In Article 21, at the end of paragraph 1, the dot is replaced by a comma and the following point (n) is added:
"(n) the code for data transmission via the scan device.";
5. After Paragraph 21, the following Section 21a is inserted:
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 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) whether the claim or part thereof is enforceable;
(g) an indication of the nature of the claim;
(h) an indication of the amount of the claim;
(i) the list of Annexes;
(j) details of the person who signed the notification, if different from the person of the creditor;
(k) date and signature.
(2) Paragraph 21 (2) shall apply mutatis mutandis to the designation of the creditor and debtor.
(3) Paragraph 21 (3) shall apply mutatis mutandis to the information on the nature of the claim. ';
6. In Section 22 of the introductory part of the provision, the words "and the notification of the application of a claim for property or a claim assimilated to it 'shall be inserted after the word" claims'.
7. In Article 22, the words "or in the notice of application of a claim for property or a claim assimilated to it 'shall be added at the end of the text in point (b).
8. in Article 23 (1), point (n) is deleted;
Points (o) to (s) shall be renumbered as points (n) to (r).
9. in Paragraph 23 (1) (n), the words "not an entrepreneur and that" shall be deleted;
10. in Article 24 (a), the words "for example, an extract from a commercial register or similar register" shall be replaced by the words "if this cannot be verified under the Law on basic registers in the relevant register."
11. in Article 24, at the end of point (i), the dot is replaced by a comma and the following point (j) is added:
"(j) where a joint proposal is made by the spouses to authorise debt relief, a copy of the marriage certificate and a statement by the two spouses that they agree that all their assets are to be considered, for the purpose of the approval of debt relief, by means of the purchase of property by the property of the spouses; the signature of the spouses on that declaration must be officially certified. ';
12. The following Section 24a is inserted after Section 24:
Requirements for the restructuring plan
(1) The restructuring plan contains:
(a) the designation "Reorganisation Plan,"
(b) the designation of the insolvency court and the file number under which the insolvency proceedings are conducted when the restructuring plan is submitted after the insolvency proceedings have been opened;
(c) the designation of the debtor;
(d) the name of the promoter of the restructuring plan, if it is a person different from the debtor;
(e) a description of the debtor's business and the causes of the debtor's bankruptcy or imminent bankruptcy;
(f) a description of all the debtor's assets; the assets subject to reinsurance rights must be listed separately,
(g) a list of the conditions for the approval of the reorganisation plan and the conditions for the admissibility of the reorganisation pursuant to Article 316 (4) and (5) of the insolvency law, the compliance of which is relied upon by the petitioner, indicating the facts on the basis of which the petitioner imports them;
(h) a description of all obligations of the debtor; the creditors must be divided into groups identifying how they will be treated and to what extent they will be satisfied;
(i) determining the method of reorganisation and determining the measures to implement the reorganisation plan, indicating whether the operation of the debtor's undertaking or part thereof will continue and under what conditions, whether and how the reorganisation plan will affect employment in the debtor's undertaking and the measures to be taken in this respect;
(j) an indication of the persons who will participate in the financing of the restructuring plan or assume some of the debtor's commitments or ensure that they are fulfilled, including the determination of the extent to which they are willing to do so;
(k) an indication of whether or not the debtor will have any obligations towards creditors after the end of the reorganisation;
(l) a list of the Annexes.
(2) Paragraph 21 (2) shall apply mutatis mutandis to the designation of the creditor, debtor and petitioner. ';
Efficacy
This Decree shall take effect on 1 January 2014.
Minister:
Mgr. Benešová v. r.
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Regulation Information
| Citation | Decree No. 397 / 2013 Coll., amending Decree No. 311 / 2007 Coll., on Rules of Procedure for insolvency proceedings and implementing certain provisions of the Insolvency Act, as amended by Decree No. 70 / 2011 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.12.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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