In response to the economic impact of the current crisis resulting from Czech government measures related to the COVID-19 pandemic, amendments to Act No. 182/2006 on insolvency procedures (the “Insolvency Act”) are currently being prepared. A number of changes are currently being drafted by the Ministry of Justice in cooperation with the Ministry of Finance. A draft amendment to the Insolvency Act has also concurrently been submitted by judges from the Insolvency Section of the High Court in Prague.
Amendment prepared by the Ministry of Justice
The Ministry of Justice, in response to the economic impact of the current crisis resulting from the government measures related to the COVID-19 epidemic, has prepared an act on certain measures to mitigate the effects of the SARS CoV-2 coronavirus epidemic on parties involved in legal proceedings, harmed persons, crime victims and legal entities, and to amend the Insolvency Act and the Enforcement Code (hereinafter the “Act on the Mitigation of the Impact of an Epidemic”)
Act on the Mitigation of the Impact of an Epidemic”).
The Act on the Mitigation of the Impact of an Epidemic contains a number of significant changes, particularly in the areas of procedural, insolvency and corporate law. The changes seek to respond to the consequences of the emergency measures taken by public authorities as a result of the Coronavirus COVID-19 (hereinafter the “Coronavirus”) epidemic (hereinafter the “Epidemic”).
This is a summary of the principal new provisions of recently enacted insolvency legislation applicable to businesses other than banks, insurance companies, pension funds and certain other entities. This summary is not comprehensive and does not constitute legal advice. The reader should obtain separate legal advice with respect to the issues addressed herein.
On 10 January 2020, new amendments to the “Law on Rehabilitation Procedure and Bankruptcy” dated 7 March 2014 No. 176-V (the “Old Law”) and related legal acts came into effect by the Law dated 27 December 2019 No. 290-VI (the Old Law, as amended, theAmended Law). The new amendments aim to facilitate and expedite the process for unsuccessful businesses to be liquidated. The main features of the Amended Law are outlined below
Conclusion on financial stability by a temporary manager/administrator
On 21 October 2019, the Code on Bankruptcy Procedures adopted by Ukraine’s parliament on 18 October 2018 (“the Code”) came into effect. The Code replaces the Act of Ukraine on Renewal of Debtor’s Solvency or Declaring It Bankrupt dated 14 May 1992 that applied previously. The Code has sparked controversy in Ukraine and until the last moment there were discussions whether its entering into effect should be postponed until a later date.
Launch of insolvency proceedings
WHO OR AND OR the debtor and its related parties other creditors in relation to non-current unencumbered assets of the debtor tax, customs, treasury and state enforcement bodies, if their claims are less than 1/3 of all participating creditors’ claims Suspend for the term of restructuring any insolvency procedure against the debtor prior to the court’s ruling on the commencement of proceedings Prevent any other creditor to start insolvency proceedings against the debtor WHATcan a financial institution do?
On 14 December 2017, the Serbian Parliament adopted amendments to the Bankruptcy Law aimed at, among other things, shortening the bankruptcy procedure and improving settlement of the bankruptcy and secured creditors’ claims. The relevant novelties are harmonized with the Strategy for Resolving Non-Performing Loans, which was adopted by the Serbian Government back in 2015. The amendments came into force on 25 December 2017.