What is Act No. 64 / 2017 Coll.?

Act No. 64 / 2017 Coll., amending Act No. 182 / 2006 Coll., on Decrease and Means of Solutions (Insolvency Act), as amended, and certain other laws — Act amending Act No. 182 / 2006 Coll., on Decrease and Methods of Solutions (Insolvency Act), as amended, and some other laws.

When it became Act No. 64 / 2017 Coll. effectiveness?

Act No. 64 / 2017 Coll. became effective 01.07.2017.

Is Act No. 64 / 2017 Coll. still valid?

Yes, Act No. 64 / 2017 Coll. is still valid and effective.

Act No. 64 / 2017 Coll.

Act amending Act No. 182 / 2006 Coll., on Decrease and Methods of Solutions (Insolvency Act), as amended, and some other laws

Valid Effective from 01.07.2017

ČÁST PRVNÍ Čl. I „§ 53 „§ 80a „§ 100a „§ 105 „§ 166 „§ 182a „§ 289a „§ 390a „§ 396 „§ 398a „§ 403 „ČÁST TŘETÍ HLAVA I § 418a § 418b § 418c § 418d § 418e § 418f § 418g § 418h HLAVA II § 418i § 418j § 418k § 418l „§ 427 „§ 430a „HLAVA III § 430b Čl. II ČÁST DRUHÁ Čl. III ČÁST TŘETÍ Čl. IV ČÁST ČTVRTÁ Čl. V „§ 13a „§ 34 „§ 34a „§ 36b „§ 39a Čl. VI ČÁST PÁTÁ Čl. VII

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THE LAW

of 19 January 2017

amending Act No 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended, and certain other laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of insolvency law

Čl. I

Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (Insolvency Act), as amended by Act No. 312 / 2006 Coll., Act No. 108 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 188 / 2011 Coll., Act No. 301 / 2008 Coll., Act No. 458 / 2008 Coll., Act No. 409 / 2009 Coll., Act No. 69 / 2011 Coll., Act No. 139 / 2011 Coll., Act No. 188 / 2011 Coll., Act No. 458 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 409 / 2010 Coll., Act No. 61 / 2011 Coll., Act No. 241., Act No. 241 No. 241.

1. In Article 3, the following paragraph 3 is inserted after paragraph 2:

"(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.';

Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.

2. In Article 3, the following paragraph 6 is added:

"(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, revenues, revenue and expenditure in the liquidity statement and liquidity developments, the length of the period for which the liquidity development outlook is to be drawn up and the requirements for persons entitled to draw up the liquidity status statement or the liquidity outlook shall be laid down in the implementing legislation."

3. footnote 59 shall read:

"(59) Regulation (EU) 2015 / 848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings. ';

4. In Article 7b, at the end of paragraph 1, the sentence "For insolvency proceedings against a debtor registered in a commercial register, the competent court in whose territory the general court of the debtor was at the date preceding 6 months of the opening of insolvency proceedings shall be added; If there is no such court, the court shall have jurisdiction according to the first sentence. ';

5. In Article 7b, the following paragraph 5 is added:

"(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 shall 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."

6. In Article 18 (1), the words "which may be submitted only on a form the details of which are laid down in the implementing act shall be inserted after the words" the creditor's proposal. "

7. Paragraph 18 (2) reads as follows:

"(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. If the insolvency court does not decide within the period referred to in the first sentence, the insolvency court shall be deemed to have given the decision by which it granted the application after that period. ';

8. In Paragraph 19, the present text becomes paragraph 1 and the following paragraph 2 is added:

"(2) Paragraph 177 (2) to (5) and (7) shall apply mutatis mutandis. The required documents shall be submitted by the transferee to the insolvency administrator within 15 days of entry into the insolvency proceedings. ';

9. In Article 25 (2) (b), the word "district 'is replaced by" regional' and the word "general 'is replaced by" insolvency'.

10. In Paragraph 29 (1), after the first sentence, the sentence "The appeal of the insolvency administrator, which was designated by the insolvency court in accordance with § 148 (2), is inserted after the first sentence, and the provisions of the new insolvency administrator may also be settled by creditors at the next meeting of creditors following the conversion of the restructuring into bankruptcy."

11. In Paragraph 29, the sentence "If there is a way of dealing with the insolvency of the debt, this resolution shall be 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."

12. In Paragraph 34, the following paragraph 3 is added:

"(3) Where the insolvency administrator has been removed from office in accordance with the procedure laid down in Paragraph 29, the insolvency court shall, with its consent, appoint him to examine the claim which he has denied before his appeal and to conduct the related incident disputes and exercise of the property rights against the creditor who has voted for his removal from office, unless the insolvency court provides otherwise. ';

13. In Paragraph 36, the following paragraph 3 is added:

"(3) The content of the requirements for the performance of the obligations of the insolvency administrator under paragraphs 1 and 2, § 31 (6), § 136 (5), § 246 (1), § 313 (2), § 371, § 373 (2), § 383 (1), § 385 (2) and § 43MA (1) shall be laid down in implementing legislation."

14. In Paragraph 38 (1), the second sentence is replaced by the following: "In the case of debt relief, the amount of the remuneration on the number of claims applied for shall be 25% of the amount laid down in the implementing legislation for remuneration on the number of claims registered for bankruptcy."

15. In Paragraph 38, the following paragraph 6 is inserted after paragraph 5:

"(6) The insolvency practitioner shall, in the form of a settlement of the insolvency proceedings, deposit from the monthly instalments an amount corresponding to its remuneration and reimbursement of the final expenses for a period of 6 months as an advance on payment of its remuneration and reimbursement of the final expenses on a special account with the bank or savings and credit cooperative set up to deposit such advances. ';

Paragraph 6 shall become paragraph 7.

16. in Paragraph 43, the following paragraph 3 is inserted after paragraph 2:

"(3) The court executor responsible for the execution of the execution in the proceedings where the debtor is a debtor shall also provide the insolvency administrator with the cooperation referred to in paragraph 1 by providing the insolvency administrator, at his written request, with information on the assets and liabilities and other findings relating to the economic situation of the debtor obtained in the execution proceedings. Upon written request, it shall also issue or lend to the insolvency administrator an expert opinion drawn up to evaluate the assets of the debtor or part thereof. The cost of drawing up the expert's report shall be a claim equal to claims for property if they have not been paid in the execution proceedings. '

Paragraph 3 shall become paragraph 4.

17. in Article 47 (1), the words "at least 2 creditors whose claims calculated in accordance with the above (Article 49 (1)) amount to at least a tenth of the claims applied for" shall be replaced by the words "if at least 2 creditors whose claims calculated in accordance with the above (Article 49 (1)) amount to at least a tenth of the claims applied for are not in the way of resolution of the insolvency; if it is a way of resolving the insolvency of the debt, it shall, on the proposal of an absolute majority of all creditors whose claims calculated in accordance with the above (Paragraph 49 (1)), also constitute an absolute majority of the claims applied for '.

18. In Paragraph 48 (2), the word "subject 'is replaced by the words" if it is not the way to deal with the insolvency of the debt'.

19. in Article 51 (1), the words "on their proposal pursuant to Article 52 (2)" shall be inserted after the words "those creditors."

20. Paragraph 51 (3) reads:

"(3) If the cases referred to in paragraph 1 are not the case, it shall decide on the right to vote of creditors whose claim has not yet been established or is contested, by the insolvency court, in accordance with the list of claims applied for or on the application of the debtor or one of the creditors pursuant to Paragraph 52 (2). ';

21. In Paragraph 52, the following paragraph 2 is inserted after paragraph 1:

"(2) The insolvency court must be notified to the insolvency court no later than 7 days before the creditors' meeting to decide on the right to vote different from the list of claims applied for; However, that period shall not end more than 5 days after publication of the list of claims applied for in the insolvency register. The facts applicable to the right to vote may be supplemented and evidence submitted to the insolvency court for certification no later than 2 working days before the creditors' meeting; the court shall instruct the creditor in the order to convene a meeting of creditors. ';

Paragraphs 2 and 3 shall become paragraphs 3 and 4.

22.

„§ 53

(1) A creditor who forms a group with the debtor or is close to the debtor may not vote at the creditors' meeting unless the law provides otherwise; the reorganisation plan submitted by a person other than the debtor or by the creditor in accordance with the sentence before the semicolon may be put to a vote.

(2) The creditor may not vote in matters in which he or she is or is to be a party concerning:

(a) acquisition of property or other performance by property;

(b) legal proceedings concerning a right which is or may be part of the property;

(d) a decision on the right to vote.

(3) The creditor may not vote either in matters referred to in paragraph 2 if the person who is close to or with the creditor forms a group.

(4) An insolvency court may, for reasons of particular concern, authorise the creditor to vote even in the case of paragraphs 1 to 3, on a proposal pursuant to Paragraph 52 (2) and after hearing the insolvency administrator, unless this is contrary to the common interest of creditors and if there is no conflict of interest.

(5) The insolvency court may, for reasons of particular concern, prohibit the creditor from voting on a proposal pursuant to Paragraph 52 (2) and after hearing the insolvency practitioner in cases other than those referred to in paragraphs 1 to 3.

(6) In determining the majority of the votes necessary for the decision to be taken by the creditors' meeting, the votes of the creditor which may not be taken into account shall not be taken into account.

(7) Paragraphs 1 to 6 shall apply mutatis mutandis if creditors vote outside a meeting of creditors. ';

23. In Paragraph 58 (3), the sentence "Paragraphs 53 (1) to (6) shall apply mutatis mutandis to the vote of a member of the creditor committee after the sixth sentence; Article 53 (6) shall apply mutatis mutandis to the assessment of the ability of the creditor committee. ';

24. In Paragraph 61 (2), at the end of the text of the first sentence, the words'; this is equally true if it was not called up in the debt of the creditors' meeting '.

25. the following Section 80a is inserted after Section 80:

„§ 80a

(1) Persons who establish a data box without a request under a specific legislation shall make the submission, including the annexes, in electronic form to the data box of the court or in electronic form signed by a recognised electronic signature. Where it is not possible, in justified cases, to make a submission in accordance with the first sentence, it may exceptionally be made in paper form, stating the reasons.

(2) If the procedural document is not made on a specified form, in a specified format or in a specified manner, the insolvency court shall proceed under Paragraph 43 of the Civil Code, unless otherwise provided for in this law.

(3) Paragraphs 1 and 2 shall also apply where, pursuant to a specific legislation, a data box is established without a request only by a representative of the person making the submission or by a person making the submission for the debtor pursuant to Paragraph 390a (1). "

26. In Paragraph 92, the words "against a decision to refuse an insolvency application for obvious unfounded reasons' are inserted after the words" first appeal '.

27. In Paragraph 97, at the end of paragraph 3, the words "or, if the insolvency application referred to in Paragraph 390 (1) has been submitted to the debtor by the person referred to in Paragraph 390a (1) on the basis of special powers of attorney 'shall be added.

28. In Paragraph 97, the following paragraphs 4 and 5 are inserted after paragraph 3:

"(4) An insolvency proposal which is not submitted in a specified format or manner shall not be taken into account.

(5) The insolvency proposal of the debtor under Paragraph 390 (1), which is not drawn up and submitted by a person under Paragraph 390a (1) or (2), shall not be taken into account. "

Paragraphs 4 and 5 shall become paragraphs 6 and 7.

29. in Paragraph 97 (6), the words "notify the insolvency court of the insolvency practitioner" shall be replaced by the words "the insolvency court shall inform the insolvency practitioner and, if the insolvency application has been filed pursuant to Paragraph 390 (1), the person who submitted it as insolvency practitioner pursuant to Paragraph 390a (1),"

30. The following Section 100a is inserted after Section 100:

„§ 100a

Preliminary assessment of the insolvency plan submitted by the creditor

(1) If the insolvency court has reasonable doubts as to the reasons for the insolvency application lodged by the creditor (§ 128a), it shall decide that the insolvency application or other documents in the insolvency file are not published in the insolvency register; they shall do so without delay, not later than the end of the next working day following the submission of the insolvency proposal.

(2) An appeal shall not be admissible against the decision referred to in paragraph 1; the decision is merely recorded in the file and thereby becomes final.

(3) In the statement of reasons for the decision referred to in paragraph 1, the insolvency court shall briefly state the reasons for which the insolvency application or other documents in the insolvency file are not published in the insolvency register.

(4) In accordance with the procedure laid down in paragraphs 1 and 2, only the debtor and the insolvency practitioner shall have the right to inspect the file and make extracts and copies thereof.

(5) If the insolvency court finds no grounds for a decision pursuant to paragraph 1, it shall record it in the file within the time limit referred to in paragraph 1.

(6) Paragraph 128a is without prejudice to the preliminary assessment of the insolvency plan submitted by the creditor. "

31. In Article 101 (1), at the end of the first sentence, the words "submitted by the debtor or when an entry in the file pursuant to Article 100a (5) has been made 'shall be added and in the second sentence, the words" will occur to the insolvency court' shall be replaced by the words "submitted by the debtor to the insolvency court or an entry in the file pursuant to Article 100a (5) shall be made '.

32. In Article 101, the following paragraph 3 is added:

"(3) If the insolvency court decides in accordance with Paragraph 100a (1) and does not reject the insolvency application for obvious unfounded reasons, it shall notify the opening of insolvency proceedings by a decree, together with the insolvency application and other documents in the insolvency file, published in the insolvency register no later than 2 hours after the opening of the official hours of the next working day of the insolvency court after the expiry of the period referred to in Article 128a (1). Where the insolvency court rejects an insolvency application for obvious unfounded reasons within that period, it shall notify the opening of insolvency proceedings by a decree, together with the insolvency application and other documents in the insolvency file, published in the insolvency register no later than 2 hours after the opening of the official hours of the next working day of the insolvency court following the decision to reject the insolvency application for obvious unfounded reasons. '

33.In Paragraph 102 (1), the introductory part of the provision reads:

"(1) The insolvency court shall inform the insolvency court of the opening of the insolvency proceedings immediately after the insolvency proceedings have been served on the insolvency court under Paragraph 100a (5). '

34. in Paragraph 102 (1) (d), including footnote 64,

"(d) the competent social security authority (64),

64) Sections 3 and 9 of Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended. '

35. In Paragraph 102, the following paragraph 6 is added:

"(6) If the insolvency court decides pursuant to Paragraph 100a (1) and does not reject the insolvency application for obvious unfounded reasons, it shall inform the insolvency proceedings referred to in paragraph 1 without delay after the expiry of the period laid down in Paragraph 128a (1). If, within that period, the insolvency court rejects the insolvency application for obvious unfounded reasons, it shall inform the insolvency proceedings referred to in paragraph 1 of the opening of the insolvency proceedings immediately after the decision which amended the decision to refuse the insolvency application for obvious unfounded reasons. The provisions of paragraphs 2 to 5 shall apply mutatis mutandis. ';

36. Paragraph 105, including footnotes 65 and 66, reads as follows:

„§ 105

(1) If the insolvency application is lodged by the creditor, he shall be obliged to prove that he has a claim due against the debtor and to add his application to the application; If the debtor is a legal person, the insolvency practitioner who keeps accounts or tax records pursuant to a special legislature65) is obliged to prove the claim by the recognition of the debtor with a certified signature or enforceable decision or notaries with the authorisation of enforceability or an executive record with the authorisation of enforceability or confirmation of the auditor pursuant to a special legislature66), a judicial expert or a tax advisor that the applicant accounts the claim. If, in the case of a claim under the first sentence, the claim is not otherwise applied to insolvency proceedings, it shall be deemed to have been applied pursuant to § 203.

(2) Where, pursuant to paragraph 1, the first sentence of the insolvency practitioner is a foreign legal person or a natural person who is not domiciled or registered in the Czech Republic, the claim may also be evidenced by a document certified or issued by a foreign State which, under a foreign law, is comparable to the recognition of the claim by the debtor with his certified signature, enforceable decision or notarial registration with the permission to enforce the claim, or by evidence that he accounts for the claim in accordance with the accounting, tax or other similar rules of a foreign State which is comparable to that of the auditor, judicial expert or tax advisor referred to in paragraph 1.

(3) If the creditor who submitted the insolvency claim fails to comply with the obligation under Article 177 (2) to (4), the claim against the debtor shall not be certified unless it is a case under Article 177 (5) or (7).

65) For example Article 7b of Act No. 586 / 1992 Coll., on Income Tax, as amended, Act No. 563 / 1991 Coll., on Accounting, as amended.

66) Act No. 93 / 2009 Coll., on auditors and amending certain laws (Act on Auditors), as amended. '

37. In Paragraph 107, the following paragraph 3 is inserted after paragraph 2:

"(3) According to paragraphs 1 and 2, where a further insolvency application has been lodged at a time when the insolvency application previously submitted by the creditor or other documents in the insolvency file is not published in the insolvency register by virtue of a decision under Paragraph 100a (1). A previously submitted insolvency application shall be deemed to be an accession to the proceedings initiated by a later insolvency application published in the insolvency register; paragraph 1, second sentence and paragraph 2 shall apply mutatis mutandis. ';

Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.

38. in Paragraph 108, the following paragraph 1 is added:

"(1) If the insolvency application of the creditor is filed against a legal person who is an entrepreneur, the applicant is obliged to lodge an advance on the costs of the insolvency proceedings of CZK 50 000, and if the insolvency application of the creditor is lodged against a legal person who is not an entrepreneur or against a natural person, an advance on the costs of the insolvency proceedings of CZK 10 000; the deposit is due together with the insolvency proposal. This shall not apply if the insolvency practitioner is the employee or former employee of the debtor whose claim consists solely of employment claims, if the insolvency practitioner is a consumer whose claim consists of a claim arising from a consumer contract and in the cases referred to in Article 107 (1). '

Paragraphs 1 to 4 shall be renumbered paragraphs 2 to 5.

39. In Article 108 (2), the words "or former staff member" shall be inserted after the word "staff member."

40. In Article 108 (3), the words "in accordance with paragraph 2 'shall be inserted after the word" advance'.

(41) In Paragraph 108 (4), the words "provided for by a decision of the insolvency court pursuant to paragraphs 2 and 3" shall be inserted after the words "costs of insolvency proceedings."

42. In Article 108, the following paragraph 6 is added:

"(6) Where an interim measure pursuant to Paragraph 147 (6) is issued, the advance paid on the costs of the insolvency proceedings shall be deemed to have been paid under such an interim measure. ';

43. Paragraph 109 (1) reads as follows:

"(1) The following effects are associated with the initiation of insolvency proceedings:

(a) claims and other rights relating to property may not be brought by action if they can be applied by application;

(b) the right to be satisfied by collateral relating to property owned by the debtor or property belonging to the property may be exercised and reacquired only under the conditions laid down in this law, as well as for the establishment of a judicial lien on real estate or an executive lien on real estate proposed after the opening of insolvency proceedings; the right to the satisfaction of the collateral shall also, in the case of a secured contingent claim, be subject to the conditions of deferral for the occurrence of such claim after the opening of insolvency proceedings; This applies mutatis mutandis in the case of secured future claims if such secured future claims arise after the opening of insolvency proceedings,

(c) enforcement of a decision or execution affecting property owned by the debtor, as well as other property belonging to the property, may be ordered or initiated but may not be carried out. However, for claims on property (§ 168) and those on an equal footing (§ 169), enforcement of a judgment or execution may be carried out or carried out which would affect property belonging to the property of the debtor, on the basis of a decision of the insolvency court issued pursuant to § 203 (5) and with restrictions based on that decision. The execution of the decision or execution shall continue to be ordered or initiated and carried out against the debtor unless otherwise provided,

(d) the right of payment of salary reductions or other income which is treated as salary or salary in the enforcement of the decision may not be exercised by the creditor and debtor agreement. ";

44. In the first sentence of Article 128 (2), the comma after the words "the required annexes' shall be deleted and, at the end of the text of the first sentence, the words" and if the insolvency application is submitted for the debtor by the person referred to in Article 390a (1), the insolvency court shall invite it by order to complete the insolvency application within the period specified by it and shall deliver the order to the debtor. '

45. In Paragraph 128 (2), the sentence "If an insolvency application is submitted as a debtor by a person pursuant to Paragraph 390a (1), this period shall not start to run before the order under the first sentence is delivered to both the debtor and to the person under Paragraph 390a (1)."

46. In Article 128 (3), the words "and, where appropriate, the liquidity statement and the liquidity outlook 'shall be inserted after the words" Article 104 (1)' and the words "the liquidity statement and the liquidity outlook 'shall be inserted after the words" the list of assets'.

47. in Article 128a (2) (b), the word "or" shall be deleted;

48. In Paragraph 128a, at the end of paragraph 2, the dot is replaced by "or 'and the following point (d) is added:

"(d) the advance on the costs of insolvency proceedings due for the submission of the insolvency application has not been paid properly and in due time by the creditor who made the insolvency application."

49. In Paragraph 128a (3), the word "order 'is deleted, the amount" CZK 50,000' is replaced by "CZK 500,000 'and, at the end of the text of paragraph 3, the words" in particular the circumstances of filing an insolvency application, the consequences of its filing and its gravity, the actions of the insolvency practitioner after the submission of the application and any effective attempt to compensate for the damage caused or to eliminate the harmful consequences' are added.

50. In Section 128a, paragraphs 4 and 5 are added:

"(4) An insolvency practitioner whose insolvency application has been definitively rejected pursuant to paragraph 1 may submit a new insolvency application against the same debtor not earlier than six months after the legal authority of the decision referred to in paragraph 1, otherwise the insolvency application shall not be taken into account. This is not the case if the insolvency proposal was rejected because, together with the insolvency proposal, no advance was made on the costs of the insolvency proceedings.

(5) Where a decision has previously been taken pursuant to Paragraph 100a (1), the insolvency court shall deliver the decision referred to in paragraph 1 or, where appropriate, the decision to appeal against it separately only to the insolvency practitioner and debtor. "

51. In Paragraph 131, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) When discussing the insolvency application submitted by the creditor, the liquidity statement and the outlook for liquidity developments for the purposes of Paragraph 3 (3) shall be taken into account only if the debtor submits both documents to the insolvency court no later than 14 days after the publication of the opening order in the insolvency register. This period may be extended by the insolvency court at the request of the debtor for reasons of special consideration. ';

52. in Article 136 (2) (f):

"(f) where the decision to authorise debt relief is not linked to the bankruptcy decision, the operative part determining the place and date of the meeting of creditors and review proceedings; where the decision authorising the debt relief is linked to the bankruptcy decision, the operative part which obliges the insolvency administrator to submit a review report to the insolvency court within 30 days of the expiry of the deadline for the submission of claims, the debt relief report and the inventory of assets, ';

53. In Paragraph 136, at the end of paragraph 2, the dot is replaced by a comma and the following points (h) and (i) are added:

"(h) where the decision authorising the debt relief is linked to the bankruptcy decision, an invitation to inform the insolvency court, in the event of an interest, of their interest in the performance of their duties in the creditor authority;

(i) where the insolvency decision is accompanied by a decision authorising the debt relief, an invitation to unsecured creditors to propose, within 7 days of the publication of the debt relief report in the insolvency register, the holding of a creditors' meeting pursuant to Article 399 (1) or to vote within that time limit in accordance with Article 400, with instructions on the consequences of the delay. ";

54. In Article 136, the words "and the decision need not contain a statement of reasons if no creditor has delivered an opinion under Article 389 (2) (a) and there were no doubts under Article 397 (1) 'are added at the end of the text of paragraph 3.

55. In Paragraph 137 (1), the words "The insolvency court" shall convene an insolvency court "shall be replaced by the words" If it is not in the way of resolution of the insolvency, the insolvency court shall convene a creditors' meeting. "

56. In Article 137 (2), the words "the date of the review proceedings shall be determined by the insolvency court 'shall be replaced by the words" If it is not in the way of resolution of the insolvency proceedings, the insolvency court shall determine the date of the review proceedings' and the last sentence shall be deleted.

57. in § 139 (1) (d):

"(d) the competent social security authority (64),"

58. In the second sentence of Article 147 (6), the words "if the insolvency application has not been rejected under Article 128a 'shall be inserted after the words" the insolvency application may not be rejected'; however, the words "it may not be 'shall be deleted.

59.Paragraph 160 (2) reads as follows:

"(2) If the work schedule so provides, the incident dispute shall be discussed and decided by another court of insolvency. '

60.

„§ 166

The secured creditors shall apply their claims by applying for the claim in which they must obtain their collateral, indicating the circumstances which certify them and attaching the documents relating thereto. This shall also apply where the secured creditors are eligible to satisfy the claim against the debtor only on the assets provided for collateral and where the secured creditors of contingent claims or future claims for which the case has been terminated, the law, claim or other property value or other collateral referred to in § 2 (g) are established. ';

Paragraph 167 (1) reads as follows:

"(1) Reinsurance creditors shall satisfy themselves, to the extent of the security, of the redemption of the case, of the right of the claim or of other assets by which their claim has been secured, unless otherwise provided by law. For the order of their satisfaction, the period for the establishment of the lien or the period for the establishment of the collateral shall be decisive, unless the secured creditors have otherwise assessed in writing. This shall apply mutatis mutandis to creditors of contingent claims or future claims for which the case, law, claim or other assets or other collateral referred to in § 2 (g) has been terminated. ';

62. In Section 176, the last sentence is deleted.

63. In Paragraph 177, the present text becomes paragraph 1 and paragraphs 2 to 7 are added, including footnote 67:

"(2) The creditor who has acquired the claim by transfer or similar means after the opening of insolvency proceedings, or within the last 6 months before the opening of insolvency proceedings, shall document in the annex to the claim application a declaration stating who his beneficial owner is pursuant to the Special Law 67) and the reason for which he is considered to be the beneficial owner.

(3) The creditor does not have an obligation under paragraph 2, although he has a beneficial owner under the Special Law (67), if the transaction under the Special Law (67) from which the creditor's claim arose, concluded between the obliged person under the Special Law (67) and the creditor is not subject to the obligation to check the client under the Special Law (67). The creditor shall not be obliged under paragraph 2 even if the value of the transactions made between the creditor and the debtor of the creditor is less than EUR 10 000. The reason for which the obligation referred to in paragraph 2 is excluded shall be stated by the creditor in the affidavit which he shall submit in the annex to the application.

(4) If the creditor is a person who does not have a beneficial owner under the Special Law (67) in accordance with paragraph 2, he shall document in the annex to the application that he does not have the beneficial owner.

(5) Where the creditor is a natural person, paragraphs 2 and 3 shall not apply.

(6) Until the creditor has fulfilled the obligation laid down in paragraphs 2 to 4, he shall not exercise the voting rights attached to the claim.

(7) Where the information relating to the beneficial owner of the creditor referred to in paragraph 2 is given in a court and an insolvency administrator accessible to the register under a specific law, the creditor referred to in paragraph 2 shall not be required to document it pursuant to paragraph 2 or to document the declaration referred to in paragraphs 3 and 4.

67) Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended. '

64. The following Section 182a is inserted after Section 182:

„§ 182a

(1) A creditor who is a stranger who is habitually resident abroad or a foreign legal person may be ordered by the insolvency court, at the request of another party to the proceedings or an insolvency practitioner, to lodge, within the prescribed period, a security for the costs of insolvency proceedings determined by the court or a guarantee for damages which may arise from the participation of the creditor in insolvency proceedings to other parties. Paragraph 202 (4) shall apply mutatis mutandis and the provisions of the Civil Code on security for provisional measures shall apply mutatis mutandis.

(2) The decision referred to in paragraph 1 shall be notified by the insolvency court separately to the debtor, to the insolvency administrator, to the person who made the application and to the creditor who was required to lodge the security referred to in paragraph 1.

(3) Only a creditor who has been required to lodge a security under paragraph 1 may appeal against a decision by the insolvency court. Only the person who lodged the application may appeal against the decision rejecting the application for a security referred to in paragraph 1.

(4) If the creditor does not lodge a security within the time limit laid down, the application shall not be taken into account. The obligation to lodge the security referred to in paragraph 1 shall not lie with the creditor who certifies within the time limit laid down that the security could not have been lodged without his own fault and that there is a risk of delay which could cause him harm.

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Regulation Information

Citation	Act No. 64 / 2017 Coll., amending Act No. 182 / 2006 Coll., on Decrease and Means of Solutions (Insolvency Act), as amended, and certain other laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	03.03.2017
Effective from	01.07.2017
Effective until	-
Status	Valid

The regulation text is for informational purposes only.