Decree No. 398 / 2013 Coll.
Decree amending Decree No. 313 / 2007 Coll., on the remuneration of the insolvency administrator, on the reimbursement of its final expenses, on the remuneration of members and alternates of the creditor committee and on the reimbursement of their necessary expenses, as amended by Decree No. 488 / 2012 Coll.
Valid
Order
Effective from 01.01.2014
Text versions:
01.01.2014
09.12.2013
398
DECLARATION
of 28 November 2013
amending 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, as amended by Decree No 488 / 2012 Coll.
According to § 431 (b) and (c) of Act No. 182 / 2006 Coll., on bankruptcy and its methods of resolution (insolvency law), as amended by Act No. 296 / 2007 Coll.:
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, as amended by Decree No 488 / 2012 Coll., is amended as follows:
1. In Article 1 (1), the words "the proceeds of the redemption attributable to the secured creditor and the remuneration derived from the proceeds of the redemption intended to be distributed among unsecured creditors' shall be replaced by the words" paragraph 2 and paragraph 3 'and at the end of paragraph 1 the sentence "For the purposes of calculating the remuneration referred to in the first sentence, the proceeds of the redemption intended to be issued to the creditors shall be added'.
2. In Article 1 (2), the words "attributable to a secured creditor 'are replaced by the words" individual subject matter of collateral'; the words "secured creditor 'are replaced by the words" creditors whose claim has been secured by such an object'; the sentence "For the purposes of this Order, a functional entity consisting of a set of items, rights or property values shall be considered as a single object of collateral '.
3. Paragraph 1 (3) reads as follows:
"(3) The remuneration to be paid by the proceeds of the redemption to be distributed to unsecured creditors shall 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.
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. |
5. The following Section 2a is inserted after Section 2:
If the debtor's bankruptcy or reorganisation is dealt with in a way, the insolvency administrator shall also be remunerated from the number of outstanding claims of creditors, which amounts to CZK 1 000 for each creditor's claim, up to a maximum of CZK 1 000 000 for total 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 debtor has not been cashed in, the insolvency administrator shall receive a remuneration of at least CZK 45,000 from the number of claims of creditors reviewed. "
6. In § 3 (b) and § 3 (c), the words "and, in the case of a debt waiver authorised on the basis of a joint proposal of spouses, CZK 1 125" and the words "the duration of the effects of approval of debt cancellation by filling" shall be replaced by the words "from the decision authorising debt cancellation to the end of the transaction."
7. In Article 4, at the end of paragraph 1, the sentence "Paragraph 2a shall not be affected. 'is added.
8. In Article 6, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) If multiple insolvency administrators are included in the list of claims applied for, 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 paragraph 2a of the last sentence corresponding to the number of claims applied for by him on the list of claims applied for. ";
9. In Paragraph 7 (4), the words "and, in the case of debt relief authorised on the basis of a joint proposal of spouses, CZK 225 'shall be inserted after the words" the duration of the effects of the approval of debt relief by filling' and the words "from the decision to authorise debt relief to the end of the transaction 'shall be replaced.
Transitional provisions
1. Insolvency proceedings initiated before the date of entry into force of this Order shall be treated in accordance with Decree No. 313 / 2007 Coll., as effective until the date of entry into force of this Order, if a decision on the method of dealing with bankruptcy has already been taken by the date of entry into force of this Order.
2. In insolvency proceedings initiated prior to the date of entry into force of this Order, the insolvency administrator shall be remunerated in accordance with Section 2a of Decree No. 313 / 2007 Coll., as effective from the date of entry into force of this Order, provided that the insolvency administrator's claims have not been examined by the date of entry into force of the Decree.
Efficacy
This Decree shall take effect on 1 January 2014.
Minister:
Mgr. Benešová v. r.
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Regulation Information
| Citation | Decree No. 398 / 2013 Coll., amending 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, as amended by Decree No. 488 / 2012 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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