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On Amending The Law Of Ukraine "on Restoring Debtor's Solvency Or Declaring It Bankrupt"

Original Language Title: Про внесення змін до Закону України "Про відновлення платоспроможності боржника або визнання його банкрутом"

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C A C U A TO R S
On Amendments to the Law of Ukraine "On Recovery"
The solvency of the debtor or the recognition of its bankrupt "
(Information of the Verkhovna Rada of Ukraine (VR), 2003, N 28, pp. 210)

Verkhovna Rada of Ukraine Oh, I am. :
I. Introduce to the Law of Ukraine " On Recovery
The solvency of the debtor or the recognition of its bankrupt "
( 2343-12 ) (Information of the Verkhovna Rada of Ukraine, 1999, N 42-43,
Oh, 378; 2002, N 33, pp. (235) Such changes:
1. In Article 1:
(1) Paragraph 6 of the sixth edition:
" The lender is a legal or physical person who has
specified order of approved document requirements
monetary obligations to the debtor, regarding the payment of debt repayments
Salaries of debtors ' employees, as well as government bodies
tax authorities and other public authorities who exercise control
by the correctness and timely manner of tax relief and assembly
(optional). Competitive creditor credit
the debtors ' requirements that have arisen before the failure of the
the bankrupt and the requirements of which are not enforced.
of a debtor. Competitive credits include:
The creditors whose requirements for the debtor originated as a result of
Succession under the occurrence of such requirements
Breach of bankruptcy proceedings. Current
Creditor loans payable to debtor who emerged after the debtors
Breach of bankruptcy proceedings ";
2) the paragraph of the seventh after the first sentence will complement the new
sentence of such content: " To the composition of the monetary obligations of the debtor
is not counted by the malfunction (penny and penalty), defined by the date
filing a statement to the host court, as well as the obligations that
Because of the cause of harm to the life and health of the citizens,
commitment to the author ' s reward, commitment to
founders (participants) of the debtor-the legal person emerging from
Such participation ";
(3) Paragraph 28 of the fourth paragraph read as follows:
" a moratorium on satisfying the requirements of creditors-stop
executing a debtor of monetary obligations and a payment obligation
taxes and fees (mandatory payments), the term of execution
Before the day of the introduction of the moratorium, and the termination of the measures,
to ensure the fulfillment of these obligations and
commitment to the payment of taxes and fees (mandatory payments),
"to the decision on the introduction of the moratorium".
2. Part of the third article 7:
(1) In paragraph 2, the word "fourth" is replaced by the word "fourth"
"fifth";
(2) Paragraph for the fifth indent with the words " and in case of impossibility
Convening of such meetings-decisions of the conference (meeting)
"The members of the debtors".
3. In part 6 of Article 12:
1) in the paragraph of the first word " and the requirements of creditors which
"came after a misdemeanor in the case of" to exclude;
2) paragraph third and fourth exclude.
4. Abzac of the first part of the eleventh article 13 lay out in
Editor:
" 11. After assigning a property to the property and to an end
The government of the debtor shall not be ordered by the board.
the right without the consent of the property of the property to make decisions about ".
5. Part 4 of Article 14 to be excluded.
6. In Article 17:
1) in part four:
(a) The first sentence of the paragraph of the third set in this revision:
" the powers of the debtor authority are legal
persons, the authority of the administration of
"Sana'a";
(b) Paragraph 4:
" The arrest on the property of the debtor and other restrictions of the debtor ' s actions to
The orders of his jersey can only be imposed within
santation procedures, in case they do not prevent execution
The plan of santation and not to contradict the interests of the competitive creditors ";
(2) Part of the eleventh posting in this edition:
" 11. The debtor ' s agreement, including the one signed to the
The office of the host court took care of the santation,
recognized by the host court for the application of a managing sanal
According to civil law, invalid if:
the agreement was made by a debtor with the interests of the people and in the
The result of which is the result of which creditors are inflated or may be caused to damage;
the agreement is concluded by a debtor with a separate creditor or other person
during the six months preceding the day of sentencing.
sanation, and prefers one creditor to others or
associated with the payment (removal) of the particle (pau) in the jersey of the debtor in the
He was the only one who had the same connection to the debtor.
All the people who get back here are coming back to us.
Consideration of statements by a managing santion on the recognition of agreements invalid
And the return of everything received under such an agreement is carried out
Court of Justice in the Case of
"Bankruptcy".
7. In Article 18:
(1) Part of the first complement of paragraphs of such content:
" The santation plan may contain conditions on:
Fulfillment of a debtor's commitment to third persons;
exchange requirements of creditors on the assets of the debtor and (or) its
Corporate rights;
satisfaction with creditor requirements in other ways that do not contradict
Law ";
2) part of the second after the paragraph of sixth complement the new paragraph
such content:
" the restructuring of the debtor assets according to the requirements of this
"Law".
In this regard, the seventh is the thirteenth to be considered.
Under paragraph 8, paragraph 8.
8. In Article 21:
(1) Part of the first teaching in such an editorial;
" 1. Fifteen days before the graduation, as well as abroad.
presence of a reason for pre-termination
The santion is required to give the creditors committee a written report and
notify members of the creditors committee about the time and place of the
Meeting of the creditors committee ";
2) the paragraph of the second part of the third set in this edition:
" At the same time as the report of the management of the Sana'a, the Committee is on its own
Creditors one of the proposals ";
3) in parts of the sixth, seventh word "meeting", "congregation"
Replace with the words "committee", "committee meeting";
(4) Part of the eleventh posting in this edition:
" 11. If calculations with creditors are not held in a row,
predicted by the santation plan, the master court in case of no
A petition to the creditors committee on the continuation of the terms,
the predicted plan of santation, and making relevant changes to the plan
The santation recognizes the debtor's bankruptcy and opens the liquidation
procedure ";
5) part of the 13th to be excluded.
9. Part of the third article 36, to be published in this edition:
" 3. For competitive creditors who have not participated in the event.
vote or voted against the conclusion of the peace deal, not
may be established conditions worse than for creditors who
expressed the consent of the peace agreement, which are attributed to
to one turn. "
10. Abzatz sixth part of the fourth article 37, set out in such a
& Revision:
" exchange of creditors ' requirements on the assets of the debtor or its
corporate rights. "
11. In Article 39:
(1) Part of the first teaching in such an editorial:
" 1. For a statement from anyone with competitive creditors
may be recognized by the economic court invalid if there are any
grounds for recognition of the agreement invalid, foreseen by civilians
Legislation of Ukraine ";
2) part of the third set in this edition:
" 3. Requirements for competitive creditors
According to the terms of the peace agreement, considered to be extinguished ";
(3) a paragraph of the third part of the fifth to rule out.
II. Final Position
1. This Act will take effect a month from the day of its
publish.
2. The provisions of this Act are applicable to the economic
the courts when considering bankruptcy cases, regardless of date.
Breach of bankruptcy proceedings
The court has taken care of the matter.

President of Ukraine
Um ... Kiev, 3 April 2003
N 672-IV