29. Federal Act, by which the bankruptcy order is renamed into insolvency order and together with the insolvency law introduction act, the court fee law, the Judicial Filing Act, the Insolvency Law on the Law of Insolvency, the Law of the Insolvency IEF-Service-GmbH-Gesetz, the Labour Contract Law Adaptation Act, the Landarbeitsgesetz 1984 and the Gewerbeordnung 1994 amended as well as the compensation order is repealed (Insolvency Law Amendment Act 2010-IRÄG 2010)

The National Council has decided:

Article 1

Amendment of the Rules of Conkurt

The bankruptcy order, RGBl. No 337/1914, as last amended by the Family Rights Amendment Act 2009, BGBl. I No 75/2009, shall be amended as follows:

1. The title of the law is:

"Bundesgesetz über das Insolvenzverfahren (Insolvenzordnung-IO)"

2. The headings before § 1 are:

" First Part

Insolvency law

First main item

Effects of the opening of insolvency proceedings

First section

General provisions "

3. § 1 together with the headline is:

" Insolvency proceedings (remediation and bankruptcy proceedings)

§ 1. In the event of insolvency or over-indebtedness (§ § 66 and 67), insolvency proceedings shall be opened upon request. Unless otherwise stated, the provisions of this Federal Act shall be applied to reorganisation procedures and bankruptcy proceedings. "

(4) § 2 is amended as follows:

(a) The heading is:

"Beginning of effect, insolvency mass"

(b) para. 2 reads:

"(2) By opening the insolvency proceedings, the entire assets subject to the execution of the execution, which belongs to the debtor at that time or which he acquires during the insolvency proceedings (insolvency mass), shall be withdrawn from the free disposal of the debtor."

(c) (3).

5. In Section 11 (2), the word order shall be "ninety days" through the phrase "six months" replaced.

6. In § 12 para. 1, first sentence, the word order shall be "pursuant to § 166" through the phrase "pursuant to § 123a" replaced.

Section 12a (4) Z 1 reads as follows:

" 1.		the insolvency proceedings in accordance with § § 123a, 123b and 139 are repealed or "

8. In § 12b second sentence, the word order shall be "pursuant to § 166" through the phrase "pursuant to § 123a" replaced.

9. According to § 12b, the following § § 12c and 12d shall be inserted together with the headings:

" Clearance Execution

§ 12c. At the request of the insolvency administrator, an execution for the eviction of an inventory object in which the company is operating is to be postpone for non-payment of the stock interest in the period before the opening of the insolvency proceedings until

1.		the company is closed,
2.		the debtor withdraws the recovery plan, or the court rejects the request,
3.		the recovery plan was rejected in the renovation schedule, and the meeting was not extended,
4.		the sanctioning plan has been denied confirmation or
5.		the requirement of the investor according to § 156a is to be reviled again.
If the claim is fully satisfied with the amount fixed in the recovery plan, the clearance execution shall be stopped at the request. The stock ratio is considered to be continued.

Forced administration

§ 12d. The compulsory administration of a company, a property, a superedifice or a real estate component shall expire at the end of the calendar month running at the time of the opening of the insolvency proceedings. If the insolvency proceedings are carried out in accordance with the 15. Day of the month, the compulsory administration shall not expire until the end of the following calendar month. "

10. § 20 (4) (2) (2) reads:

" 2.		sold interest rate, currency, precious metal, commodity, equity and other securities options as well as options on indices and trading transactions with listed goods and commodities within the meaning of Section 1 (4) of the Austrian Stock Exchange Act, BGBl. No 555/1989, in so far as it is not intended to cover its own needs, but is a pure trading business,
2a.		Trade deals with listed goods and raw materials within the meaning of Section 1 (4) of the Austrian Stock Exchange Act, Federal Law Gazette (BGBl). No 555/1989, in so far as they are not intended to cover their own needs, but are purely commercial transactions, '

11. § 21 (2) the following sentence is added:

" If the debtor is obliged to perform a non-cash performance with which he is in default, the insolvency administrator must immediately after the request of the contract partner, but at the most within five years. Working days. If it does not declare itself within this period, it shall be assumed to withdraw from the business. "

12. § 23 is amended as follows:

(a) In paragraph 1, the sales designation shall not "(1)" and the phrase "or the inventor" .

(b) (2).

(13) § 25 is amended as follows:

(a) para. 1 reads:

" (1) If the debtor is an employer, the insolvency administrator shall exercise the rights and obligations of the employer. If the employment relationship has already been carried out, it may

1.		in the debt regulatory procedure within one month of the opening of the debt regulatory procedure;
2.		otherwise within a month after
a)			public notice of the decision to place, approve or establish the closure of the undertaking or a business unit; or
b)			the reporting date, unless the court has decided there to continue the undertaking, or
3.		in the fourth month following the opening of the insolvency proceedings, if there has been no reporting period until then, and the continuation of the undertaking has not been disclosed in the insolvency file,
by the employee by early departure, the opening of the insolvency proceedings being considered an important reason, and by the insolvency administrator, in compliance with the statutory, collective contractual or the lawfully agreed shorter Notice period shall be released on the basis of the statutory notice restrictions. "

(b) In the last sentence of paragraph 1b, the word order shall be deleted "at some time indefinitely" .

(c) The following sentence shall be added to paragraph 1b:

"The announced employee is entitled to an exit right in accordance with paragraph 1."

(d) The following paragraph 1c is inserted after paragraph 1b:

" (1c) In the reorganisation procedure with self-management, the debtor may, moreover, within one month after the public announcement of the opening decision, with the consent of the employee, be employed in the areas to be restricted. Reorganization administrator pursuant to paragraph 1, if the maintenance of the employment relationship could jeopardizing the maintenance or the fulfilment of the reorganization plan or the continuation of the company. The announced employee is entitled to an exit right in accordance with paragraph 1. Paragraph 1a, second sentence, shall not apply. "

(e) The previous paragraph 3 shall be replaced by the sales designation "(4)" .

(f) The following paragraph 3 is inserted after paragraph 2:

"(3) After the opening of the insolvency proceedings, an exit shall be ineffective if it is based only on the fact that the employee has been unduly diminuded or misplaced before the opening of the bankruptcy proceedings."

14. § 25a together with the title is:

" Dissolution of contracts by the debtor's contractual partner

§ 25a. (1) If the termination of the contract could endanger the continuation of the company, contractual partners of the debtor with the debtor may conclude contracts with the debtor until the expiry of six months after the opening of the insolvency proceedings only from important Resolve the reason. Not as an important reason

1.		a deterioration of the debtor's economic situation; and
2.		Withdrawal of the debtor with the performance of claims due before the opening of the insolvency proceedings.

(2) The limitations of the provisions of paragraph 1 shall not apply,

1.		if the termination of the contract is essential to the use of serious personal or economic disadvantages of the contracting party,
2.		in the case of claims for payment of credit and
3.		in the case of employment contracts.

15. In accordance with § 25a, the following § 25b and heading is inserted:

" Uneffective agreements

§ 25b. (1) Agreements, whereby the application of § § 21 to 25a in the relationship between creditors and debtors is excluded or limited in advance, the parts of the contract may not be called.

(2) The agreement of a right of withdrawal or of the dissolution of the contract in the event of the opening of insolvency proceedings shall be inadmissible, except in the case of contracts pursuant to section 20 (4). "

16. § 31 (1) is amended as follows:

(a) Z 1 is:

" 1.		legal acts by which a close relative of the debtor obtains assurance or satisfaction for his claim for insolvency, and any legal transactions received by the debtor with those persons and adversely affected by the creditors, except where: the insolvency or the opening application was neither known nor had to be known to the close of kin in the event of a guarantee or satisfaction or in the event of a direct adverse legal transaction, and that, in the event of an adverse event, the Legal transaction, moreover, the entry of a night part objectively not was predictable; "

(b) Z 2 shall be replaced by the following:

" 2.		Acts of insolvency of other insolvency creditors, and any legal transactions entered into by the debtor with other persons and directly adversely affected by the creditors, if the other part is the subject of the payment incapacity or the opening request was known or had to be known,
3.		any legal transaction which has been received by the debtor with other persons and which is detrimental to creditors, where the other part was aware of or had to be aware of the insolvency or the opening request and the occurrence of a disadvantage for the Insolvency mass was objectively predictable. Such an objective predictability lies in particular when a refurbishment concept was manifestly unsuitable. "

17. § 31 (2) and (3) are repealed; the previous paragraph 4 shall be replaced by the sales designation "(2)" .

18. In § 37 (4), the turn "the order of bankruptcy" through the turn "this federal law" replaced.

19. § 46 shall be amended as follows:

(a) In paragraph 1, the sales designation shall not "(1)"; to Z 3a lit. a is added after the line-point at the end of the following sentence "this shall also apply if, after the occurrence of the mass insufficiency, remuneration is not paid;"

(b) Paragraph 2 is repealed.

(20) § 47 is amended as follows:

(a) (2) (2) is:

" 2.		the other costs of the proceedings pursuant to § 46 (1) (1) (1), "

(b) In paragraph 3, the expression shall be "(§ 254 (5))" .

21. In § 48 (1) the following sentences are added:

" Interest accrued during the insolvency proceedings can only be asserted in the amount agreed for the contractual payment until the expiry of six months from the date of the opening of the proceedings. If no interest is agreed upon for the contractual payment, the statutory interest rates shall be decisive. The restriction shall not apply if the insolvency proceedings according to § 123a are repealed. "

22. § 51 para. 2 Z 2 lit. a is:

" (a)			in accordance with § 25, even if the employment relationship has been terminated due to non-payment of the pay during the period of notice of notice, or "

23. § 57 together with the title is:

" Claims of the company creditors against an unrestricted shareholder

§ 57. Creditors of a registered civil society shall be subject to insolvency proceedings against an unlimited shareholder, if insolvency proceedings are also opened on the assets of the registered civil society, only with the sum of the amount to be paid. shall be taken into account, which shall not be satisfied by any other means of asserting. Consideration shall be given to the benefits provided to the shareholder by a restructuring plan for the company. "

24. § 59 together with the title is:

" Rights of the debtor after the cancellation of the insolvency proceedings

§ 59. By the final decision of the insolvency court that the recovery plan or the payment plan is confirmed, the levies procedure is initiated or the insolvency proceedings are removed for other reasons, the debtor resigns in the Right to dispose of his assets freely, insofar as this federal law does not define a restriction. "

25. The title before § 63 reads:

" Second Part

Insolvency proceedings

First main item

General provisions

First section

Jurisdiction in insolvency proceedings "

26. In § 67 (2), the turn "the order of bankruptcy" through the turn "this federal law" replaced.

27. In § 69, para. 2, last sentence, the word order "Opening of a compensation procedure" through the phrase "Opening of a refurbishment procedure with self-administration" replaced.

(28) § 70 is amended as follows:

(a) the second sentence is repealed.

(b) para. 2, second to fourth sentence are:

" An instruction on the opening of a refurbishment procedure in case of timely submission of a refurbishment plan shall be connected. The court has to hear the debtor and other persons of information (§ 254 (5)) if it is possible in good time; however, the application is to be dismissed immediately without hearing if it appears to be unfounded, in particular if the credibility of the hearing is not justified. is not provided, or if it appears to be abusive. For the purpose of questioning certain daily substitutes may be extended only on its own merits and not for the purpose of the conclusion of rate agreements. "

29. In § 71 (4) and § 71b (2), the expression of the staples shall be "(§ § 100a, 101)" .

30. In § 71b (1), the first sentence reads:

"Where insolvency proceedings are not opened due to a lack of cost-covering assets, the decision of the decision shall contain a reference to it and to the insolvency of the debtor."

31. § 71d is amended as follows:

(a) The heading is:

"Recourse"

(b) The previous § 71d shall be awarded the sales designation "(1)" .

(c) The following paragraph 2 is added:

" (2) Anyone who has made a cost advance may demand this amount from any person who would have been obliged to perform a cost advance in accordance with § 72a or § 72d of the Committee of the European Parliament. The insolvency court shall, upon request, decide on this obligation to replace the cost advance with a decision. Section 72b (4) and (5) shall apply mutatily to this Decision. "

32. In accordance with § 72c, the following § 72d with headline is inserted:

" Partner

§ 72d. In addition to the organist representatives, a shareholder whose share in the company is more than 50% is also obliged to perform a cost advance. § § 72 to 72c shall apply accordingly to this shareholder. "

33. § 74 shall be amended as follows:

(a) para. 1 reads:

"(1) The opening of the insolvency proceedings shall be made public by means of an Edict, the proceedings being expressly referred to either as bankruptcy proceedings or as a reorganisation procedure."

(b) (2) (2)

" 2.		the name (company) and place of residence of the debtor, as well as the registered office of the company (the establishment), the company's book number, the ZVR number and the date of birth, where applicable; "

§ 77a together with headline reads:

" Entries and deletions in the Company Book

§ 77a. (1) If the debtor's company is registered in the company's register, the insolvency court has to arrange for the following entries in the company's register:

1.		the opening of the bankruptcy or reorganisation procedure, indicating whether the debtor is entitled to own administration and the change in the name of the reorganisation procedure and the deprivation of the self-administration, in each case with the indication of the Day;
2.		the annulment of the insolvency proceedings, unless the case is in the case of § 79;
3.		the nature of the monitoring of the implementation of the remediation plan;
4.		Precautionary measures in accordance with § 73;
5.		the name of the reorganisation or mass administrator, the special custodian pursuant to section 86 and the trustee;
6.		the non-opening of insolvency proceedings in the absence of cost-covering assets;
7.		the rejection of the application for the opening of the insolvency proceedings pursuant to § 63.

(2) In the event of a change in the facts referred to in paragraph 1 (1) (3) to (5) or the insolvency proceedings in accordance with section 79, the insolvency court shall arrange for the deletion of such entries in the company's register. After the expiration of five years from the cancellation of the insolvency proceedings or after a shitty exclusion of the insight into the insolvency file due to the fulfillment of the remediation plan or the payment plan, the Company Book Court has all the entries in accordance with paragraph 1 (1) (1) to (5) at the request of the debtor. "

35. In § 78 (1), last sentence, the parenthesis "(§ 254 (5))" .

36. In § 80 (2) and (3), the phrase "in the course of bankruptcist and compensatory matters" in each case by the word sequence "in the insolvency case" replaced.

37. § 81a (3) Z 1 reads:

" 1.		a continuation is possible and "

38. § 82 (3) reads:

" (3) For the continuation of the company, the insolvency administrator shall be entitled to the presentation of the estimate at the latest within one month from the opening of the insolvency proceedings, otherwise a special remuneration shall be paid to the insolvency administrator from the date on which the insolvency proceedings are submitted. the amount referred to in § 125a may not exceed 15%. "

39. § § 92 to 94 together with transcripts are:

" Decision-making requirements in the creditors ' meeting

§ 92. (1) Decisions and applications shall require an absolute majority of votes to be calculated on the basis of the amount of claims.

(2) Only the votes of the insolvency creditors issued at the meeting of the creditors shall be counted.

(3) It is only possible to vote in favour of your own case.

Voting rights at the creditors ' meeting

§ 93. (1) In order to participate in the voting, the insolvency claims shall entitle the person to the vote.

(2) A right to vote is only granted for claims of the creditors and creditors of a registered partnership in the insolvency proceedings of an unrestricted shareholder, provided that the creditor desires this, and only for the Part of the claim, which is not expected to be covered by the other assertion.

(3) creditors whose claims have not yet been examined, which are disputed or conditional, and creditors within the meaning of paragraph 2 shall first take part in the vote.

(4) If it becomes clear that the result of the vote is different, depending on whether and to what extent the vote given by one of the creditors referred to in paragraph 3 is counted or not, the insolvency court shall, after preliminary examination, and The parties must decide whether and to what extent the voice of this creditor is to be counted. An appeal against the decision shall be inadmissible, but the decision may be amended at the request of a subsequent vote.

Acquisition of receivedness by assignment

§ 94. Insolvency creditors who have acquired the claim through legal business assignment only after the opening of the insolvency proceedings shall not be entitled to vote, unless they have received the claim on the basis of a prior to the opening of the insolvency proceedings. Insolvency proceedings have taken over. "

40. § 100 (2) is repealed.

41. In accordance with § 100, the following § 100a and heading is inserted:

" Contents of the asset

§ 100a. (1) In the list of assets, the individual assets (assets) and liabilities (liabilities) are to be included under the guidance of their amount or value. In the case of receivables, the person of the debtor, in the case of liabilities, is the person of the creditor, in the case of both are to indicate the debt, the date of maturity and approximately existing collateral. In the case of claims, it should be further described whether and to what extent they will presumably be introduced. If a claim or guilt is in dispute, this shall be indicated. In the case of liabilities which grant the creditor a right to separate satisfaction, the amount of the suspected case shall be indicated. If a creditor or a debtor of the insolvency debtor is close to him (§ 32), it must be pointed out, likewise if a creditor or debtor is an employee of the insolvency debtor or with him in a company or other The Community relationship shall be precisely defined as the social or community relationship. For all creditors and debtors, the address shall be indicated.

(2) In the list of assets, the debtor shall include a statement as to whether an asset deal has taken place within the last two years before the request has been made between him and his close relatives, and whether and the assets he has made within the last two years before the request has been made for the benefit of his close relatives. Free dispositions remain, as far as they are withdrawn pursuant to § 29 Z 1 of the ruling. "

42. § 102 (2) is repealed, the sales designation "(1)" No.

43. In § 104 (4), the second sentence is repealed.

44. § 109 para. 3 is repealed.

45. In § 110 (4) the expression of the staples is "(§ 123b (2), section 131 (3), section 134 (2))" .

46. In § 114a (2) second sentence, the parenthesis "(§ 254 (5))" .

47. § 114b together with the title is:

" Content of the report stagnation

§ 114b. (1) The insolvency administrator shall report in the annual report on whether the conditions for an immediate closure of the entire company or individual business units or for a continuation have been met, as well as whether a Restructuring plan corresponds to the common interest of the insolvency creditors and whether it is likely to be possible for them to be fulfilled. In the explanatory statement of his report, the insolvency administrator shall be able to respond to the market, corporate and financial situation in a manner appropriate to the size and importance of the case.

(2) If the conditions for a continuation are fulfilled, the insolvency court shall, after consulting the insolvency creditors, issue a decision with a decision; moreover, it shall be in accordance with a recovery plan which is likely to be fulfilled, the common interest of the creditors of insolvency, the debtor shall also, at the request of the debtor, grant the debtor a period of time for the application of the reorganisation request. No legal remedy is admissible against these decisions. The period shall not exceed 14 days. In the meantime, the company must not be used. The decisions shall be made public. "

48. In Section 114c (1), the last sentence is:

" The company shall be revalued only if the refurbishment plan is not accepted within 90 days or if it no longer meets the common interest of the insolvency creditors or if the conditions for a continuation of the proposal for a continuation of the application are not accepted. are no longer given. "

49. § 115 is amended as follows:

(a) the second sentence of paragraph 2 is:

" The obligation shall be deemed to be sufficient if it is not based on the expiry of the third period following the opening of the insolvency proceedings before the end of the insolvency proceedings and if, for that period, it is the pro-rata amount , which results from the determination of the ordinary operational success of the last twelve months prior to the opening of the insolvency proceedings. "

(b) the second and third sentences of paragraph 4 are:

" The time limit shall be extended at the request of the liquidate administrator for not more than one year, if the closure contradicts the common interest of the creditors or if there are other equally important reasons. The period may also be extended several times but not more than a total of two years. "

50. In § 118 (2) the expression of the staples is "(Section 259 (3))" .

51. § 122 together with the headline is:

" Permit or tax

§ 122. (1) The invoice shall be approved by the insolvency court if, on the other hand, no concerns have been raised after the result of the examination and if the tax has not been brought forward.

(2) Otherwise, the insolvency court shall decide after the necessary surveys have been carried out (Section 254 (5)) to the exclusion of the legal path.

(3) The decision shall be made public and shall be notified to the insolvency administrator and to the debtor. An understanding of the creditors shall only take place if the tax arrangements have been followed. Otherwise, only the creditors who have been rejected are to be agreed. "

52. § 123 shall be replaced by the following provisions:

" Seventh section

Annulment of the insolvency proceedings

Notice and comprehension

§ 123. (1) The decision on the lifting of the insolvency proceedings shall be publicly announced. The entry of the legal force of the decision on the cancellation of the insolvency proceedings shall be noted in the insolvency file.

(2) In addition, § 79 (2) and (3) shall apply for the annulment of the insolvency proceedings.

Annulment of insolvency proceedings in the absence of assets

§ 123a. If, in the course of the insolvency proceedings, it appears that the assets are not sufficient to cover the costs of the insolvency proceedings, the insolvency proceedings must be repealed. The repeal shall not be lifted if an appropriate cost advance is made.

Cancellation of the insolvency proceedings with the agreement of the creditors

§ 123b. (1) The insolvency proceedings shall be terminated if, after the expiry of the notification period, all the insolvency creditors who have registered the claims and all the ground creditors of the waiver agree.

(2) The express consent of a creditor shall not be required if his claim is satisfied or has been secured by the insolvency administrator or if the application for the application has expired and the application has not expired at the latest in the case of disputed claims. the date on which the cancellation of the insolvency proceedings has been requested. "

53. The headline before § 124 "Seventh Section Distribution of Mass" No.

54. In § 124a, para. 3, the parenthesis shall be "(§ 123a)" .

55. The following heading is inserted before § 128:

" Second main piece

Distribution "

56. In § 130 (3) the staple quote is "(§ 254 (5))" .

(57) § 132 is added to the following paragraph 6:

"(6) In the calculation of the failure, the interest and costs accruing after the opening of the insolvency proceedings shall be disregarded."

Section 137 (2) reads as follows:

"(2) If the occurrence of a condition is so improbable that the conditional requirement does not currently have an asset, the amount to be paid to the claim shall not be brought to court."

59. § 139 together with headline reads:

" Cancellation of insolvency proceedings

§ 139. If the completion of the final distribution has been proven, the insolvency proceedings shall be lifted by the insolvency court. "

60. The title before § 140 reads:

" Third main piece

Remedial Plan

First section

General "

61. § § § 140 to 142 together with headings are:

" Request for completion of a refurbelling plan

§ 140. (1) The debtor may, at the same time, apply for the conclusion of a restructuring plan at the same time as the application for the opening of the insolvency proceedings or thereafter until the insolvency proceedings have been lifted. The application shall indicate in which way the creditors shall be satisfied or guaranteed.

(2) If the application is not rejected by the insolvency court as inadmissible, the insolvency court may order, after the insolvency administrator and the creditors ' committee have been heard, that the liquidate of the insolvency court shall be used up to the Decision-making is held by the creditors ' meeting.

Content and inadmissibility of the remediation plan

§ 141. (1) Insolvency creditors must be offered to pay the quota within a maximum of two years from the date of acceptance of the remediation plan. The quota shall be at least 20% of the claims. Natural persons who do not operate can make use of a payment period of more than two years; however, this payment period may not exceed five years.

(2) The application is inadmissible:

1.		as long as the debtor is fleeting;
2.		if the debtor has been finally convicted of fraudulent Krida after the insolvency of the debtor has occurred;
3.		as long as the debtor has not submitted the list of assets and did not submit it before the insolvency court, in spite of the contract;
4.		if the content of the proposal is in breach of Sections 149 to 151 or against mandatory legislation;
5.		if the debtor misappropriates the recovery plan, in particular where the application appears to be for the purpose of a caring for the purpose of a transfer;
6.		if the implementation of the recovery plan does not appear to be possible, without taking into account exposures arising from equity-based services.

(3) If the debtor is a legal person, paragraph 2 shall apply with the special feature that:

1.		the conditions laid down in paragraph 2 (1) and (3) must apply to all members of the Community; and
2.		the requirement of paragraph 2 (2) must be met by at least one of the representatives of the organic sector.

Pre-Review

Section 142. The insolvency court may reject a request for remediation after the insolvency administrator and the creditor committee have received a request for a remediation:

1.		where insolvency proceedings have been opened over the debtor ' s assets in the last five years, or where the insolvency proceedings have not been opened within that period in the absence of a cost-covering property;
2.		if, as a result of the nature or lack of business records of the debtor, it is not possible to obtain a sufficient overview of the debtor's financial position;
3.		if a recovery plan has been rejected by the creditors or withdrawn by the debtor after the public notice of the renovation of the renovation schedule, or if the sanitization plan has not been confirmed by the court. "

62. § 143 (2) and (3) shall be repealed; Section 4 shall be replaced by the sales designation "(2)" .

63. § § 144 to 180 are replaced by the following provisions:

" Community request

§ 144. (1) The majority of insolvency creditors who are jointly entitled to a claim or whose claims have formed a uniform claim until the insolvency proceedings have been opened shall be given only one vote. This provision shall apply mutagenly if there is a lien on the claim of the insolvency creditor.

(2) The number of persons must agree on the exercise of voting rights.

(3) A creditor who has registered a number of claims shall be entitled to one vote. For a claim which he has acquired after the opening of the insolvency proceedings by assignment, he shall also be entitled to the vote of the creditor, to the extent that he is entitled to a right to vote in accordance with § 94, to whom the claim before the opening of the Insolvency proceedings state.

Remediation Plan Record

§ 145. (1) The meeting shall not take place before the examination meeting for the purposes of negotiation and decision-making on the recovery plan. It is to be connected with the accounting policy (§ 121 (3)).

(2) The daytime replacement shall be made public. In addition, the debtor and the persons who agree to assume liability for his liabilities, as well as the insolvency administrator, the members of the creditors ' committee and the other eligible insolvency creditors, shall also be responsible for: particularly to load. At the same time, the insolvency creditors shall be sent a copy of the application for the conclusion of a restructuring plan to be submitted to the debtor, and the essential content of the recovery plan shall be made public.

(3) The debtor shall personally participate in the meeting. Its representation by an authorized representative is only admissible if it is prevented for important reasons and the insolvency court declares its failure to be justified. Otherwise, the application shall be deemed to have been withdrawn at the end of a recovery plan.

Modification of the refurbelling plan

§ 145a. If the debtor changes the recovery plan at the time of the meeting or he submits a new proposal, the insolvency court, if not all the insolvency creditors with voting rights are present, shall only allow the vote to take place if the modified or the new proposal for insolvency creditors is not less favourable.

Special characteristics of financial reporting

§ 145b. (1) The insolvency administrator shall:

1.		to invoice the insolvency court no later than 14 days prior to the refurbelling of the refurbant, and
2.		to supplement the bill in the renovation of the Sanierungsplantagsatzung.

(2) For the period up to the entry of the legal force of the confirmation of the recovery plan, the insolvency administrator shall only have to invoice a further supplementary invoice if the debtor applies for this in the renovation planning board or the Insolvency court requires this within four weeks from the date of entry of the legal force of the confirmation. The court has to decide on this supplementary invoice only if the debtor collects tax measures within a period of 14 days. A negotiation on the supplementary bill can be maintained.

Report of the insolvency administrator

§ 146. Before the start of the vote, the insolvency administrator shall have the economic situation and management of the debtor, as well as the causes of his property, and the probable results of the implementation of the Insolvency proceedings to be reported.

Requirements for the adoption of the remediation plan

§ 147. (1) In order to accept the restructuring plan, it is necessary that the majority of the voting insolvency creditors present at the meeting will agree to the application and that the total amount of the claims of the insolvency creditors to be approved more than the Half of the total amount of claims made by the eligible insolvency creditors present in the meeting of the meeting. The adoption of the recovery plan and its essential content shall be made public.

(2) If only one of the majorities is reached, the debtor may request until the end of the meeting that a new meeting will be put to the vote once again.

(3) In the event of a new meeting, the creditors shall not be bound by their declarations at the time of the first meeting.

Close relatives

§ 148. The close relatives of the debtor (§ 32) as well as legal successor, who have acquired their claims not earlier than six months before the opening of the insolvency proceedings, will be taken into account in the calculation of the majority of the insolvency creditors and their Claims in the calculation of the total amount of claims shall only be counted if they vote against the proposal. If they have acquired the claim for the insolvency of the debtor from someone who is not a close member of the debtor, this provision shall not be applied.

Extension of the Sanation Plan

§ 148a. (1) The refurbelling plan can be extended

1.		in the case of section 147 (2) or
2.		if the court has not approved the vote on the admissible proposal as amended or new at the date of the meeting, or
3.		if it is to be expected that the extension of the meeting will lead to the adoption of the proposal.

(2) The new meeting shall be fixed immediately by the insolvency court, disclose orally and make public the announcement. Where a new proposal is put to the vote on an amended or new proposal, the public notice shall indicate and indicate its essential content.

Rights of persons entitled to be discredited and discredited

Section 149. (1) The claims of the persons entitled to the exoneration and the discrediting creditors shall not be affected by the recovery plan. If the recovery plan is confirmed, the secured claims shall be limited to the value of the item on which absonation rights exist. Creditors whose claims are partly covered by the right to abrouse (§ 132 para. 6) shall participate in the remediation plan proceedings; however, as long as they are not definitively established, they shall be responsible for the implementation of the restructuring plan with the to take into account the suspected failure.

(2) § 125 shall apply to the claims of the insolvency administrator.

Rights of the creditors and insolvency creditors

§ 150. (1) Mass creditors must be fully satisfied.

(2) Insolvency creditors must be treated equally in the remediation plan, without prejudice to the application of § 56. Unequal treatment is only permissible if the majority of the suspended insolvency creditors who are present at the meeting are in agreement and the total amount of the claims of the insolvency creditors to be approved is at least three quarters the total amount of claims made by the suspended insolvency creditors present in the meeting.

(3) The amounts which are attributable to contested claims shall be made to the same extent and under the same conditions as those laid down for the payment of uncontested claims in the recovery plan, if the time limit for affixing the claims is to be fixed. the action is still open or if the action has been brought to the time of the reorganisation of the reorganisation.

(4) It is also possible to ensure that the debt has been met only by the debtor. The insured amount shall be released if the creditor has not lodged the action within the period specified by the insolvency court on account of the contested claim or has resumed the proceedings which have already been brought.

Special Benefits

§ 150a. An agreement of the debtor or other persons with a creditor, thereby giving special advantages to the debtor before the completion of the recovery plan or in the period between the conclusion and the entry of the legal force of the confirmation decision. is not valid. What has been done on the basis of an invalid agreement or on the basis of a commitment made to cover such an agreement may, without prejudice to any further claims for compensation, be reclaimed within three years . It shall not be considered to be a particular advantage if a creditor is granted a charge for the assignment of his claim, which is the economic situation of the debtor immediately prior to the opening of the insolvency proceedings or, if the Demand has been withdrawn earlier, the economic situation of which has been in line with the time of assignment.

Rights of creditors against compensers

§ 151. The rights of insolvency creditors against guarantors or co-debtors of the debtor as well as against recourse to recourse can not be limited without the express consent of the beneficiaries by the recovery plan.

Court confirmation of the remediation plan

§ 152. (1) The remediation plan shall be subject to confirmation by the insolvency court.

(2) Where the recovery plan is confirmed, the decision shall state the essential provisions of the plan.

(3) The decision on the confirmation shall be made public and shall be notified to all the insolvency creditors and the other parties concerned. Neither an action for annulment nor an invalidity situation shall be admissible against the decision.

Confirmation requirements

§ 152a. (1) The confirmation shall be issued only if:

1.		the remuneration of the insolvency administrator and the rewards of the creditor protection associations are determined and paid by the court, or guaranteed by the insolvency administrator, and
2.		all due and fixed other mass claims are paid as well as the mass claims asserted in the case of a court or administrative authority, of which the insolvency administrator has been informed of the assertion of which the insolvency administrator has been informed; and
3.		the conditions for the confirmation provided for in the recovery plan are fulfilled.

(2) The insolvency administrator shall report on the existence of the conditions referred to in paragraph 1 above in connection with the request of the insolvency court, with regard to those in paragraph 1 (1) and (2) of the insolvency court in any case in the refurbelling planning of the insolvency proceedings.

Annulment of the insolvency proceedings

§ 152b. (1) If the recovery plan is confirmed, it shall also be agreed upon the invoice filed by the insolvency administrator (§ 122).

(2) The insolvency proceedings shall be repealed with the entry of the legal force of the confirmation. This is to be noted together with the entry of the legal force of the confirmation in the insolvency file.

(3) Unless otherwise specified in the recovery plan, the debtor resigns in the right to dispose of his assets freely.

(4) § 79 (2) and (3) shall apply for the annulment of the insolvency proceedings.

Mandatory refusal of confirmation

§ 153. The confirmation shall be refused if:

1.		a reason from which the application for the completion of a recovery plan is inadmissible (§ 141);
2.		the rules applicable to the procedure and the conclusion of the recovery plan have not been observed, unless these deficiencies can be remedied subsequently or are not relevant in the case of the facts;
3.		the recovery plan has been brought about by a creditor's repudiation against § 150a.

Failure of confirmation at the discretion of the person

§ 154. The confirmation may be denied if:

1.		the benefits granted to the debtor in the recovery plan are in contradiction with the conditions of the beneficiary;
2.		the recovery plan is contrary to the common interest of insolvency creditors, with no account being taken of claims arising from equity capital;
3.		the insolvency creditors receive less than 30% of their claims and this result is attributable to the debtor causing his loss of property through unredness, recklessness or excessive expenditure for his or her standard of living; or or that it has delayed the request for the opening of insolvency proceedings.

Recurs

§ 155. (1) Recourse may be levied against the confirmation of the remediation plan by

1.		any party which has not expressly agreed to the recovery plan,
2.		any debtor and guarantor of the debtor;
3.		Mass creditors in the event of non-existence of the conditions referred to in § 152a (1) (1) and (2).

(2) Recourse may be levied against the approval of the confirmation of the remediation plan:

1.		the debtor,
2.		by any insolvency creditor who has not objected to the recovery plan.

Legal effects of the refurbelling plan

§ 156. (1) By means of the legally binding remediation plan, the debtor shall be exempted from the obligation to retroactively replace the creditor with the default he or she has suffered, or to subsequently apply for the otherwise granted benefit, whether they participated in the insolvency proceedings or the vote on the recovery plan, or voted against the recovery plan, or whether they have not been granted a right to vote at all.

(2) In the same way, the debtor shall be exempted from the guarantor and other persons entitled to the right of recourse.

(3) Existing provisions in the recovery plan shall only be valid insofar as they do not contradict the requirements of § 150 on the same treatment of creditors.

(4) creditors whose claims have not been taken into account only from the fault of the debtor in the recovery plan may, after the cancellation of the insolvency proceedings, demand payment of their claims in full amount from the debtor.

(5) The claims referred to in § 58 Z 1 can no longer be claimed after the completion of the remediation plan. The claims referred to in § 58 (2) and (3) shall not be affected by the recovery plan.

Move

§ 156a. (1) The estate and any other benefits granted to the recovery plan shall lapse for those creditors against whom the debtor is in default with the fulfilment of the remediation plan.

(2) Such a delay shall only be accepted if the debtor has not paid a liability due in spite of a written warning sent to him by the creditor in the course of a period of grace of at least fourteen days. If the debtor is a natural person who does not operate a company, and if the repayment rate is to be paid in installers whose term exceeds one year, a delay shall only be accepted if he has been due for a period of at least six weeks In spite of a written warning sent to him by the creditor under a grace period of at least fourteen days, it has not been paid.

(3) The effect of the resurrection shall not extend to receivables which were fully satisfied at the time of the existence of an abiding with the amount fixed in the recovery plan; other claims shall be deemed to be the same as the fractions which have been redeemed; the the ratio of the amount paid in respect of the amount to be paid in accordance with the recovery plan. The rights which the restructuring plan grants to creditors to the debtor or to third persons shall remain unaffected.

(4) In the recovery plan, paragraphs 1 to 3 cannot be dismissed to the detriment of the debtor, but the first sentence of paragraph 3 may be deviated if a recovery plan has been completed in the last five years before the opening of the insolvency proceedings. has been made.

Provisional determination of the amount of disputed and partially concealed claims

§ 156b. (1) If the existence or the amount of an insolvency claim or, in the case of a partially covered claim, the amount of the failure is contentious and if no decision is made pursuant to § 93, the insolvency court shall, at the request of the debtor or of the Creditor shall provisionally determine the alleged amount of the receivable or the failure to do so. No appeal is admissible against this decision.

(2) The legal consequences (§ 156a) provided for in the case of the default in the performance of the restructuring plan (§ 156a) cannot, in any event, meet the debtor if he/she is

1.		have made certain claims up to the final determination of the existence or the amount of the claim to the extent of the claim in court, which corresponds to a decision taken by the insolvency court in accordance with paragraph 1 or section 93, or
2.		partially covered claims up to the final determination of the amount of the failure to the extent that corresponds to a decision taken by the insolvency court in accordance with paragraph 1 or section 93.

(3) On the basis of a definitive determination of the amount of the claim or the failure to comply, the debtor has until then the claim in the lesser extent resulting from the decision of the insolvency court in the performance of the claim. The recovery plan has taken into account the lack of repayment.

(4) However, delay in the fulfilment of the remediation plan shall not be accepted until the debtor has not paid the amount of the shortfall despite a written warning sent to him by the creditor in the course of a period of grace of at least fourteen days. If, however, the final determination shows that the debtor has paid too much, he shall be entitled to the additional amount only to the extent that the creditor has received more from the payments made by the debtor than the total amount paid to him by the debtor after the The recovery plan shall be, if not yet due, a claim.

Execution

§ 156c. (1) In so far as a claim in insolvency proceedings has been established and not expressly denied by the debtor, after a final confirmation of the refurbishing plan, it may also be possible to enter into the application register on the basis of the registration. Provision of the sums due in accordance with the restructuring plan against the persons who have committed themselves as co-debtors or as guarantors and payers in order to comply with the restructuring plan shall be carried out if these persons are in a written declaration made in relation to the insolvency court shall be obliged to comply with the liabilities they have taken over in the event of direct enforcement of the foreclosure. § 61 last sentence shall apply.

(2) if the creditor asserts the rights which are entitled to him in the event of default of the debtor, the execution of the execution shall not require the proof that the debtor is in default.

(3) In so far as it is possible to lead to the execution of the execution in accordance with subsection 1 on the basis of an entry in the register of applications, Section 60 (2) shall also apply to them.

Second section

Monitoring by a trustee

General provision

§ 157. (1) Where the debtor has, in the recovery plan, submitted to the creditors as trustee to the creditor until the latter's performance or until the entry of a condition laid down in the recovery plan, by a person designated in the recovery plan, § § 157a to 157f apply, in the case of the transfer of assets to a trustee, also the § § 157g to 157m. To the detriment of the debtor or creditor, in particular, the provisions relating to the accounting shall not be allowed to deviate.

(2) The type of surveillance shall be indicated in the notice of confirmation of the recovery plan. The insolvency court has to arrange for the type of supervision to be noted in the public books and registers (§ 77).

Security measures

§ 157a. During the period of supervision, the insolvency court may, at the request of the trustee or debtor, take measures to ensure the assets of the debtor, modify and cancel, if that is necessary for the security of the assets, to fulfil the the restructuring plan or the continuation of the debtor's undertaking is appropriate. In particular, the Court of First Instance may prohibit the debtor from taking certain legal acts during the proceedings at all or without the consent of the trustee.

Trustee

§ 157b. (1) The position of the trustee shall be determined in accordance with § § 171 and 172.

(2) In relation to third parties, the trustee is entitled to all legal transactions and legal acts which entails the performance of the duties associated with his duties, unless the insolvency court in the individual case has a To limit the powers and to notify the third party.

(3) The trustee shall be allowed to enter the premises of the debtor and to investigate there. The debtor shall allow the trustee to inspect his books and writings; he and his servants and agents shall provide the trustee with all the necessary information.

(4) The trustee shall apply the care provided by the subject-matter of his management (§ 1299 ABGB); § 81 (2) and (3) shall apply accordingly.

(5) § § 84 and 87 shall apply accordingly, § 87, however, with the proviso that the revelation may be requested by any insolvency creditor. If the trustee refuses to take over the activity, it will be removed or otherwise removed, the insolvency court will have to appoint a different trustee. The order of another trustee is to be made public. In the case of another trustee order, § 80 (2), (3) and (5) and § 80b are to be applied accordingly.

Remuneration of the trustee

§ 157c. (1) The trustee shall be entitled to a remuneration plus VAT as well as to the replacement of his cash outlays.

(2) The remuneration of the trustee shall normally be 10% of the remuneration awarded to the insolvency administrator; § § 82b, 82c and 125 (1), 2, 3 and 5 shall apply accordingly, taking into account, in particular, whether the restructuring plan shall be has been fulfilled.

Shutdown

§ 157d. (1) The supervision shall be declared at the expense of the debtor at the expense of the debtor at the request of the debtor or the trustee, if the debtor or the trustee credibly makes that the recovery plan is fulfilled or that the Fixed condition occurred.

(2) The decision declaring the proceedings to an end shall be made public; § 79 (2) and (3) shall apply accordingly. The entry of the legal force of the decision shall be noted in the insolvency file.

(3) The Court of First Instance shall decide definitively on recourses against decisions on the termination of supervision.

Setting

§ 157e. (1) The monitoring shall be adjusted if:

1.		within fourteen days of the end of the last payment period specified in the recovery plan, no application pursuant to Section 157d or if the application is rejected;
2.		the debtor's disposal restrictions are in such a way that the objective of the surveillance is threatened.

(2) Furthermore, the monitoring shall cease if it becomes clear that the monitoring will not lead to an end; the trustee shall be obliged to indicate such an indication as soon as it has to obtain the entry of this recruitment reason.

Recruitment Decision

§ 157f. (1) The decision to cease the proceedings shall be made public; section 79 (2) and (3) shall apply accordingly.

(2) The insolvency court has to decide, immediately after the entry of the legal force of the recruitment decision pursuant to Section 157e (2) of the Office, whether the insolvency proceedings are to be opened again. If the insolvency proceedings are opened, the opening decision shall be notified jointly with the note of the entry of the legal force of the recruitment decision. The effects of the surveillance shall end when the insolvency proceedings are opened by the Office, at the beginning of the day following the public notice of the insolvency edict. If the insolvency proceedings are not opened, the debtor shall resign with the public announcement of the entry of the legal force of the hiring decision in his right to dispose of his assets freely.

Third Section

Asset surcharge

Legal status of the trustee at the transfer of assets

§ 157g. (1) The debtor may not revoke the trustee granted to the trustee for the administration and for the exploitation of the assets until the end of the trustee's activity.

(2) The provisions of the bourgeois right and the company law relating to the liability of the asset holder shall not apply to the accepting trustee.

(3) Legal acts of the debtor concerning the assets transferred shall be ineffective in respect of creditors, insofar as the Trustee has not authorized him to do so.

(4) The Trustee shall, on an annual basis, take account of the time referred to in the recovery plan and, moreover, on any order of the Court of First Instance, as well as after the termination of its activity, and, if necessary, to provide an explanation of the Report; § 121 (2) and (3) and § 122 shall be applied accordingly. In the absence of a settlement in the recovery plan, the trustee shall be charged within 14 days of the closure of each financial year. The first accounting year runs until the end of the calendar month into which the beginning of its trusteeship has fallen.

§ 157h. (1) Final decisions on matters concerning the assets transferred shall also be effective in relation to the debtor, from the decisions taken by the trustee or against these proceedings.

(2) Insolvency proceedings opened during the surveillance do not collect such assets which have been handed over to a trustee in accordance with the recovery plan; however, it is to be included in the insolvency proceedings if the monitoring is set. The enforcement shall be subject to this property, provided that it would be subject to insolvency proceedings even if it were pending; however, with the entry of the legal force of the confirmation of the recovery plan, a further period of six months shall commenced. months (section 11 (2)).

(3) Where a mortgage is to be ordered in the recovery plan in order to secure the performance, it shall be entered in such a way that the creditors are designated without further information as authorized persons. The sole authority of the respective trustee to dispose of the mortgage with effect for and against the creditors shall be noted. The insolvency court shall grant the trustee the judicial exploitation of the property on its application and after the debtor has received the debtor; the trustee shall have the position of an operating creditor; § 119 (2) to (4) shall be shall apply accordingly.

Fourth Section

Remediation plan with transfer of assets for recovery

General provisions

§ 157i. (1) The debtor may also propose in the remediation plan to hand over his assets to a trustee for recovery. It is also possible to provide for the trustee to assert claims to be drawn from the amounts of which the insolvency creditors are to be satisfied; in particular, the provision of open claims and counterclaims.

(2) Insofar as the debtor has handed over a trustee to a trustee for recovery, the payment period shall be two years from the date of acceptance of the recovery plan. The insolvency court shall extend the supervision at the request of the trustee, if this is in accordance with the overriding interest of the parties concerned. The period may also be extended several times, but not more than three years. The application must be made before the end of the period; it shall not expire before the legal force of the decision taken on the application has entered into force. The debtor is also to be heard before the decision. The decision on the renewal shall be made public. The Court of First Instance shall decide definitively on recourses against decisions on the renewal of the surveillance.

Voting

§ 157j. The vote in the same meeting shall be permitted even if:

1.		the debtor changes the proposal in such a way that he submits his entire property to a trustee of the insolvency creditors within a period of time to be determined in the recovery plan,
2.		It is to be expected that the insolvency creditors will receive the last offer offered, and
3.		according to the proposal of the default which the insolvency creditors suffer (section 156), if that quota should not be reached at the end of the trustee's activity, it does not include the amount still missing on the quota.

Remuneration of the trustee

§ 157k. (1) The remuneration of the trustee is to be measured in accordance with § 82 (1).

(2) § § 82b, 82c and 125 (1), 2, 3 and 5 shall apply accordingly, taking into account, in particular, whether the recovery plan has been fulfilled.

Setting

§ 157l. § 157e (2) does not apply in the case of a remediation plan with the transfer of assets for recovery.

Deprivation in the fulfillment

§ 157m. The consequences of the delay in accordance with § 156a do not occur if the debtor has handed over all his assets within the period specified in the remediation plan, even if, after the end of the trustee's activity, he/she is in charge of payment of the sum in Default, for which he is liable for non-submission of the quota.

Fifth Section

Nullity and Declaration of Invalidity of the Sanation Plan

Annuity of the recovery plan

§ 158. (1) The conviction of the debtor for fraudulent Krida is raised if it becomes final within two years after the confirmation of the recovery plan, for all creditors the discount granted in the recovery plan as well as the other (a) the beneficiary, without the loss of the rights which the recovery plan grants to the debtor or third party.

(2) The insolvency court shall, on its own account or at the request of an insolvency creditor, determine the invalidity of the insolvency court. The decision shall be made public. If a cost-covering property is available or if an appropriate cost advance (Section 71a (1)) is made, the insolvency proceedings shall be resumed at the request of an insolvency creditor.

(3) The provisions of § § 74 to 78 on the notice and the remark of the insolvency opening as well as on the notifications from the insolvency opening shall apply to the resumption of insolvency proceedings.

Procedure for the resumption of insolvency proceedings

§ 159. (1) The creditors, whose claims have arisen between the cancellation and the resumption of insolvency proceedings, shall also participate in the insolvency proceedings which have been resumed.

(2) Insolvency creditors, for whom the recovery plan was effective, shall participate in the resumed insolvency proceedings with the unpaid amount of their original claims.

(3) Insolvency proceedings shall be repeated in so far as this is necessary. Previously verified claims shall not be re-examined.

Effect of resumption on appeal and offsetting

§ 160. (1) In respect of the dispute between the repeal and the resumption of insolvency proceedings, and for the settlement claims arising during that period, if not in the meantime, Insolvency has occurred, as the occurrence of the insolvency of the day of the first criminal recognition, which contains the conviction of the debtor.

(2) The time limit for the judicial assertion of the right of appeal is inhibited for the period from the confirmation of the recovery plan until the resumption of the insolvency proceedings.

Uneffectiveness of the recovery plan

Section 161. (1) If the recovery plan has been brought into effect by fraudulent acts or by inadmissible granting of special advantages to individual creditors without the conditions of § 158 being available, any insolvency creditor may within three years after the entry of the legal force of the confirmation of the recovery plan with an action, the claim for payment of the failure or to make a declaration of invalidity of the otherwise granted benefit, without losing the rights which the Granting a remediation plan to the debtor or third person.

(2) This claim shall only be entitled to insolvency creditors who have not participated in the fraudulent acts or to the inadmissible arrangements and who were unable to do so without fault, in the case of facts which entice the action to be brought before the court of law. To assert the verification procedures.

Responsibility

§ 162. The insolvency court shall be responsible for the claim of the creditor against the debtor on the basis of § 150a or § 161.

New insolvency proceedings

§ 163. (1) If insolvency proceedings are re-opened again before the completion of the recovery plan without the conditions of § 158 being fulfilled, the former insolvency creditors are not obliged to do so in good faith .

(2) However, their claims shall be deemed to be fully satisfied if they have been satisfied with the amount fixed in the recovery plan; otherwise, the claim shall be deemed to have been paid only by the fraction which is the ratio of the amount paid. Amount corresponding to the amount to be paid in accordance with the recovery plan.

Sixth Section

Special provisions for registered partnerships

Insolvency proceedings of a registered civil society or legacy

§ 164. (1) If the debtor is a registered private company or an inheritance, the recovery plan may be concluded only with the agreement of all the members or all the heirs who are not limited to the same.

(2) The legal effects of the refurbish plan shall, unless otherwise specified in the recovery plan, be granted to any such shareholder or heir to the creditors or creditors of the inheritance.

Liability of a retired partner who has not been restricted

§ 164a. The recovery plan for a registered partnership or a debtor who has taken over the undertaking of such a company without liquidation, with assets and liabilities, shall also limit the extent of the liability of one of the parties to the law based on the law. Registered partnerships of unrestricted members of the company already registered. To the detriment thereof, it is not possible to deviate from the remediation plan.

Renovation plan of an unrestricted shareholder

§ 165. (1) Where insolvency proceedings have been opened only through the private property of an unrestricted partner of a registered partnership, and a recovery plan has been established in this procedure, the Shareholders free from further liability for corporate debt.

(2) If, at the same time, insolvency proceedings relating to the private property of an unrestricted shareholder are pending insolvency proceedings, the restructuring plan of the shareholder shall be subject to the requirements of the Social creditors shall be taken as far as they are to be taken into account in this insolvency proceedings in accordance with § 57.

Part Three

Refurbishment proceedings

Scope

§ 166. If the debtor is a natural person who operates a company, a legal person, a civil society or an inheritance, the provisions of this and the fourth part shall apply.

Application

§ 167. (1) The insolvency proceedings shall be deemed to be a reorganisation procedure if the debtor

1.		whose opening and
2.		the adoption of a recovery plan following a permissible recovery plan, and that application is not, at the same time, rejected by the Court of First Instance with the opening of the insolvency proceedings.

(2) The reorganisation procedure may also be opened in the event of imminent insolvency, but not during a bankruptcy proceedings on the debtor's assets.

(3) The name shall be changed to bankruptcy proceedings if:

1.		the insolvency administrator has indicated that the insolvency mass is not sufficient to meet the mass claims, or
2.		the debtor withdraws the application for remediation or the court rejects the application, or
3.		the recovery plan was rejected in the renovation schedule and the meeting was not extended, or
4.		the sanctioning plan has been denied by the court the confirmation.

(4) The amendment of the name to bankruptcy proceedings shall be made public. No recourse is admissible against the name and its modification, but the name may be corrected on request or on its own motion by the Court of First Instance.

Refurbelling of the renovation of the Sanierungsplantagsatzung

§ 168. (1) At the same time as the opening, the Court of First Instance shall, as a general rule, arrange for a period of 60 to 90 days to be ordered by the Court of Justice. It can be connected to the test set.

(2) The company shall not be revalued until the proposed remediation proposal is adopted within 90 days of the opening of the procedure.

Fourth part

Refurbishment proceedings with self-management under the supervision of an administrator

Requirements

§ 169. (1) In the reorganisation procedure, the debtor shall be responsible for the administration of the insolvency mass under the supervision of an insolvency administrator (reorganisation manager) in accordance with the provisions of the fourth part (own administration), if he/she prior to the opening of the insolvency proceedings

1.		has submitted the following documents:
a)			a recovery plan in which the insolvency creditors are offered to pay at least 30% of the claims within a maximum of two years from the date of acceptance of the remediation plan;
b)			an exact list of assets;
c)			an up-to-date and complete overview of the assets and debt levels in which the assets of the assets are to be shown and valued and the liabilities to be set up and broken down (status);
d)			a comparison of the estimated revenue and expenditure for the following 90 days, which results in the application and use of the funds necessary for the continuation of the enterprise and the payment of the mass claims; (financial plan), and
e)			a list of the insurgents pursuant to § § 75 and 145 (2), and
2.		the application shall contain the following information:
a)			the way in which the funds needed to comply with the recovery plan are to be applied,
b)			on the number of employees and on the institutions established in the company, and
c)			the reorganisation measures necessary for the implementation of the recovery plan, in particular financial measures.

(2) If the debtor is obliged, under company law, to draw up annual accounts, he shall submit them. If he operates his company for more than three years, the submission for the last three years is sufficient.

(3) The debtor has to sign the list of assets in his own hands and at the same time to declare himself ready to submit to the court that his information on the active and passive status is correct and complete and that he/she is responsible for his/her personal data. Fortune didn't conceal anything.

(4) The debtor shall have the information referred to in paragraph 1, if reasonable, to prove that he is reasonable.

(5) If, in the application, the application required by law or if not all prescribed documents are attached to it, the pleadings shall be returned for improvement. If the application is not improved on time, the reorganisation procedure shall be opened after the third part or the bankrupting procedure.

Deprivation of self-administration

§ 170. (1) The court has to withdraw its own administration from the debtor and to appoint a masse-manager if:

1.		Circumstances are known which suggest that the self-administration will lead to disadvantages for the creditors, in particular if the debtor violates the duties of compacting or providing information, restrictions of use or even the interests of the If the creditor is not in compliance with the requirements of § 169, the financial plan cannot be complied with, the information in the status is incorrect or the debtor does not meet the requirements of the payment on time;
2.		the conditions set out in § 167 (3) are met;
3.		the recovery plan has not been adopted by the creditors within 90 days of the opening of the procedure, or
4.		the debtor so requests.

(2) The withdrawal of the self-administration shall be made public; the legal effects shall enter into force at the beginning of the day following the public notice.

Scope of self-administration

§ 171. (1) The debtor shall be entitled to carry out all legal acts in the case of self-administration. The approval of the reorganisation administrator shall require legal acts which are not part of the normal business operation, as well as the resignation, the termination or the dissolution of the contracts in accordance with § § 21, 23 and 25. However, the debtor must also refrain from an act belonging to the ordinary enterprise, if the reorganisation manager objects to the act.

(2) From the opening of the proceedings to the debtor's need for the closure or reopening of his company, the approval of the court; § 115 shall apply accordingly.

(3) Legal acts which the debtor has made contrary to paragraph 1 without the consent or objection of the reorganisation manager shall be ineffective against the creditors if the third party knew or had to know that they were above the ordinary The reorganisation manager does not grant his or her consent or that he has objected to the company's acceptance.

Limitation of self-management

§ 172. (1) The reorganisation manager shall be subject to:

1.		the challenge of legal acts in accordance with § § 27 to 43, whereby the act of countervailable act is to render the debtor's assets to the reorganisation manager and to be used to satisfy the creditors,
2.		the field examination in accordance with § § 102 et seq.,
3.		the communication of the transactions referred to in § 116,
4.		the conclusion of the transactions according to § 117,
5.		the legal divestment pursuant to § 119,
6.		the sale of goods subject to a disposal right, in accordance with § 120 and
7.		the deferment of the executive procedure in accordance with § 120a.

(2) The court may prohibit the debtor from taking certain legal acts at all or without the consent of the reorganisation manager, to the extent that this is necessary in order to avoid disadvantages for the creditors. The restrictions are, if they are arranged at the same time as the opening of the reorganisation procedure, with the opening, otherwise separately publicizing, and in any case, to be noted in the public books and registers. In urgent cases, the arrangement of the reorganisation managers may take place.

(3) In so far as the debtor is not authorized to act, the reorganisation manager shall act on his behalf. The reorganisation manager shall require the consent of the debtor for recovery.

Process leadership

§ 173. The debtor is authorized to conduct litigation and other procedures in matters of self-administration.

Mass requirements

§ 174. Mass claims are-without prejudice to § 46-also claims arising from legal acts of the debtor, to which he is entitled according to § 171.

Maintenance

§ 175. The debtor may only use the funds available to him in so far as it is essential for him and his family to have a modest lifestyle.

Special arrangements

§ 176. In the case of the debtor's own management:

1.		The debtor is entitled to receive all consignments in accordance with § 78 para. 2; § 78 (4) is not applicable.
2.		An inventory is not to be built.
3.		§ 8 shall not be applied in matters of self-administration.
4.		The reorganisation manager shall be obliged to charge the accounts only in so far as he/she not only supervises, but carries out acts himself.

Powers of the reorganisation manager

Section 177. (1) In relation to third parties, the reorganisation manager shall be entitled to all legal transactions and acts which result in the performance of the duties associated with his/her duties, unless the insolvency court in the individual case has a limitation of powers and has disclosed to the third party.

(2) The reorganisation manager shall apply the care provided by the subject-matter of his management (§ 1299 ABGB); § 81 (2) and (3) shall apply accordingly.

(3) The reorganisation manager is entitled to a remuneration plus VAT and to the replacement of his cash outlays. § § 82, 82a, 82b, 82c, 82d as well as 125 and 125a are to be applied, whereby the reorganisation manager for the supervision of the continuation shall be entitled to a special payment pursuant to section 82 (3). If the reorganisation manager is not obliged to charge the accounts and does not take the final settlement of the bill, the renovation of the refurbishment plan shall be decisive for the period laid down in section 125 (1).

Duties of the reorganization manager

§ 178. (1) The reorganisation manager shall immediately begin the review of the debtor's economic situation after his appointment and shall monitor the debtor's management and the expenses incurred for his/her life's conduct.

(2) At the latest, the reorganisation administrator shall report on the economic situation of the debtor until the first meeting of creditors, unless a separate first meeting of creditors takes place, on the basis of the debtor's economic situation and on whether or not the first creditor meeting is held

1.		the financial plan can be complied with,
2.		the recovery plan can be fulfilled, and
3.		Reasons for the withdrawal of self-administration are available.

(3) The copies of written reports of the reorganisation manager shall be sent to the members of the creditors ' committee and, if necessary, to the creditors.

(4) Third parties may not rely on the reorganisation manager for an obligation to maintain secrecy in favour of the debtor in so far as the debtor agrees to the collection of information by the reorganisation manager or to the extent that he/she is responsible for the Request of the reorganisation administrator the court has replaced the lack of consent with decision. The lack of consent may only be replaced if the reorganisation manager makes a legal interest in the information credible. No legal remedy is admissible against the decision to replace the lack of consent.

Day Treasury

§ 179. (1) The first meeting of creditors or the annual report shall normally be held within 3 weeks from the opening of the reorganisation procedure.

(2) Prior to the commencement of the vote in the refurbishment schedule, the debtor shall, at the request of the reorganisation manager or a creditor or on the order of the court, submit to the court that his or her information in the asset register shall be made available to the Court of First Instance. Active and passive status are correct and complete, and that he has nothing to conceal from his assets.

Fifth Part

Bankruptcy

Label

§ 180. (1) The insolvency proceedings shall not be subject to the conditions laid down in section 167 (1), which is the case.

(2) The bankruptcy fund shall be used for the Community satisfaction of the bankruptcy creditors by the mass administrator, if it does not come to a recovery plan.

Minor nature of bankruptcy

§ 180a. If the assets belonging to the bankruptcasse are not expected to be more than EUR 50 000 (minor bankruptment), the general examination procedure may at the same time be subject to all the decision-making of the creditors ' meeting. Questions and, where appropriate, are also negotiated on the distribution of the bankruptcasse. "

64. The title "Third Part" is given by the heading "Sixth Part" replaced.

Article 193 (2) reads as follows:

" (2) The meeting shall not take place before the debtor's assets have been recovered, for the purposes of negotiation and decision-making on the payment plan. The items referred to in § 250 (1) Z 2 EO shall not be used until the confirmation of the payment plan has been accepted or not. The tag set can be connected to the distribution set. "

66. In § 195 Z 3 the expression "§ 150 (5)" by the expression "§ 150a" replaced.

(67) § 197 is amended as follows:

(a) In paragraph 1, the expression: "§ 156 (6)" by the expression "§ 156 (4)" replaced.

(b) In paragraph 2, the expression "(§ 66 AO)" by the parenthesis expression "(§ 156b)" replaced.

68. The title "Fourth Part" is given by the heading "Seventh part" replaced.

69. The previous § 242 receives the sales designation "(1)" . The following paragraph 2 is added:

"(2) At the request of the foreign insolvency administrator, the commercial court of Vienna shall make the continuation of the company publicly known."

70. In § 247, the words "European Communities" by "European Union" replaced.

71. The title "Fifth Part" before § 252 shall be replaced by the heading "Tenth Part" replaced.

72. The paragraph labels "252" , "253" and "254" shall be replaced by the names "270" , "271" and "272" replaced.

73. In accordance with § 251 the following parts shall be inserted:

" Achter Part

General procedural provisions

Application of process laws

§ 252. To the extent that nothing else is arranged in this federal law, the rule of law, the Code of Civil Procedure and its introduction laws are to be applied in accordance with the law.

Competence and representation

§ 253. (1) The jurisdiction of the proceedings before the insolvency court shall, in the first instance, be a member of the court as a single judge.

(2) Agreements relating to the jurisdiction of the courts shall be ineffective.

(3) creditors may also be represented by a credited creditors ' association. The appointment to the authorized representative shall replace the documentary evidence thereof. Where an application for the opening of insolvency proceedings and the proceedings of the first instance are lodged, the creditor protection association may, if it is not represented by an institution appointed by a statutes, only one of its staff members or one of its staff members Serve as authorised representative of the party legally authorized party representatives. If a creditor can be represented by a creditor's association in order to collect a recurse, the legal remedy must be accompanied by the signature of a lawyer. The statutory bodies of the appointed creditor protection associations as well as their authorised representative shall also be allowed to inspect the insolvency proceedings if the authorisation is not expelled by a creditor (Article 219 (2)). 2 ZPO), without any legal interest having to be credibly made.

(4) A creditor may be represented by an authorised representative of his legal representation or by his voluntary collective contractual professional association in the same extent as by a credited creditors ' association. where a dispute over the claim would be a matter of labour law in accordance with Section 50 of the ASGG.

§ 254. (1) The provisions shall not apply to:

1.		process costs,
2.		the requirement of a security performance;
3.		the resting of the procedure;
4.		the time of non-action,
5.		service between lawyers in accordance with § 112 ZPO in the case of written request for requests and applications for the conclusion of a restructuring plan; and
6.		the representation by lawyers, in so far as § 253 (3) fourth sentence does not determine anything else.

(2) Applications may be made by written pleadings or may be declared orally. § § 432 and 435 ZPO are to be applied.

(3) § 59 EO shall apply for oral proceedings.

(4) The court decisions may, in so far as this federal law does not determine anything else, be taken without prior oral proceedings.

(5) The Court of First Instance has to raise and establish all the facts of its own merits for its assessment; it has to maintain all appropriate surveys, in particular by the questioning of respondents, and to record evidence. The person concerned may also be any institution of the staff established in the undertaking; the provisions relating to the representation of such bodies in judicial proceedings shall apply.

(6) Judicial orders are enforceable.

Public Notice

§ 255. The public announcement of documents and decisions shall be made by inclusion in the insolvency file.

Insolvency file

§ 256. (1) The edits file shall contain the data which are to be published in public pursuant to this Federal Act (insolvency file).

(2) The insight into the insolvency file is no longer to be granted, if a year has passed since

1.		the annulment of the insolvency proceedings in accordance with § § 123a, 123b and 139,
2.		the expiry of the period of payment provided for in the recovery plan, if its fulfilment is not monitored,
3.		Termination or cessation of the monitoring of the recovery plan,
4.		the expiry of the payment period provided for in the payment plan; or
5.		the premature termination or termination of the levies procedure.

(3) At the request of the debtor, the insight into the insolvency file shall be no longer to be granted if the legally confirmed recovery plan or payment plan has been fulfilled. The debtor has to prove the fulfillment in a document. The Court of First Instance may, in the course of the examination of the performance, appoint an expert whose costs are to be borne by the debtor. The Court of First Instance decides on the inspection with an indisputable decision.

(4) The insolvency proceedings not opened up in the registration of the lack of cost-covering assets shall no longer be granted after three years after the registration.

Understandings

§ 257. (1) The communication of individual persons may also take place by means of circulatory letters.

(2) If, in addition to the public notice, a special service is required, the consequences of the service shall, even if the service has not been delivered, enter into force by means of the public notice.

(3) In the insolvency proceedings of undertakings with an unusually large number of creditors, the special service to the creditors may, at the discretion of the Court of First Instance, be left if the essential content of the document to be supplied is made public , but in this case, too, if the decisions are to be taken, the creditors who require it to be issued shall also be notified.

Delivery with an unknown stay

§ 258. (1) If the finding of a delivery point is not possible, the delivery can be made to a legal entity registered in the company register and its organs without the appointment of a curator by admission to the Edikts file (§ 115 ZPO). All further deliveries can also be made by recording them in the Edikts file. This shall be indicated in the notice.

(2) If the decision is to be made public in the insolvency file (§ 255), the additional inclusion in the edits file may be omitted. The Edikts file shall indicate the notice in the insolvency file.

(3) If data of a procedure is included in the insolvency file, the data entered in the Edikts file according to paragraph 1 shall be deleted as soon as the insight into the insolvency file is no longer to be granted; otherwise after one year after the insolvency file has been Registration.

Timescales, failure

§ 259. (1) The time limits laid down in this Federal Act are inextensible.

(2) Applications, declarations and objections, which are intended to be attached to a meeting, cannot be subsequently brought forward by the persons who have not appeared, who have not been invited to do so, or who have not been invited to do so.

(3) The Court of First Instance may request any party concerned to submit an application for a reasonable period of time, and, in the event of non-expression, accept that the party concerned does not oppose the application. The request shall contain a reference to this legal order.

(4) A reinstatement in the previous stand does not take place against the failure of a daily sentence or against the failure to meet a deadline.

Recurs

§ 260. (1) The recourse period is 14 days.

(2) Recourses may lead to new facts, as long as they have already been established at the time of decision-making in the first instance, and new evidence.

(3) The court may grant a recourse itself except in the cases referred to in § 522 ZPO, if the disposition or decision can be changed without the disadvantage of a participant.

(4) § 521a ZPO is not-to the extent that nothing else is arranged in this federal law-to be applied.

(5) The decision of the Rekursdecision shall be made public if the decision of the Insolvency Court has been made public and has not been confirmed in its entirety.

(6) If the recursal procedure is multi-sided, the notice or a copy of the protocol replacing it shall be sent to the debtor and to the insolvency administrator by the insolvency court. The entry into the bankruptcy file shall be made public in the insolvency file. The Recursgegner may submit a reply to the Insolvency Court within 14 days from the date of the announcement.

Criminal Screen

§ 261. The insolvency court has to report to the Public Prosecutor's Office if:

1.		the debtor, the organic representative of a legal person or the shareholders in accordance with § 72d refuse to submit the list of assets (§ § 71 and 100) or its underproduction before the insolvency court, or
2.		the debtor is fleeting, or
3.		otherwise there is a suspicion of a criminal offence committed by the debtor.

Litigation-Jurisdiction

§ 262. Before the insolvency court can be brought:

1.		Claims for suspension and separation;
2.		Actions relating to mass claims;
3.		Claims arising from the non-compliance of an insolvency administrator, a member of the creditor committee, an expert and a trustee, whether the insolvency proceedings are still pending or not;
4.		Claims arising from claims by third parties, with which they have assumed liability for disadvantages, which insolvency creditors can grow out of the failure to close a company.

Procedure

§ 263. In the case of litigation which is before the insolvency court or is brought before the insolvency court, the following deviations apply:

1.		in the case of the first instance, a member of the court shall be appointed as a single judge, irrespective of the value of the object of the dispute;
2.		the provisions relating to proceedings before the District Courts shall apply, unless the action is otherwise the subject of the jurisdiction of a Court of Justice;
3.		§ § 252 to 261 are not applicable.

Ninth Part

Support arrangements

References for a preliminary ruling

§ 264. A reference for a preliminary ruling does not give rise to a suspensive effect.

Distribution of business in insolvency cases

§ 265. (1) In a single division, the following are to be agreed:

1.		reorganisation procedures, bankruptcy procedures, applications for the opening of insolvency proceedings and reorganisation procedures according to the URG;
2.		Litigation before the insolvency court or before the insolvency court can be brought before the insolvency court in accordance with § 262.

(2) The matters referred to in paragraph 1 shall be allocated to more than one department in each case only if the department is already busy with such a department; the additional number of departments shall be as low as possible. Where several such departments have to be formed, the transactions shall be distributed among them in such a way as to ensure that:

1.		not according to the type of insolvency proceedings (para. 1); the distribution according to the names of the debtors or according to localised areas is permitted;
2.		all legal disputes relating to the insolvency proceedings of a debtor (par. 1 (2) of the same department; a distinction as to whether the litigation is related to a bankruptcy procedure or a reorganisation procedure shall be inadmissible.

(3) The reasons for the distribution, once adopted, for the matters referred to in paragraph 2 above shall be kept in tune.

(4) In the case of the courts of second instance, the transactions referred to in paragraph 1 shall be distributed in accordance with the same principles as in the case of the courts of first instance.

Pre-emption of a creditor protection association

§ 266. (1) The Federal Minister of Justice has, if necessary, in particular taking into account the requirements of a comprehensive, effective protection of the interests of creditors, their purposeful perception in the proceedings according to the insolvency laws and a with the assistance of the courts to grant them, at their request, the position of a creditor protection association, which is subject to a regulation.

(2) A creditor protection organisation must be able to carry out its activities on a reliable basis throughout Austria and be able to perform the tasks referred to in paragraph 1 above; it must not be aimed at profit. It must have a large number of members, or it must belong to members who, without being directed at profit, represent the interests of a large number of creditors.

(3) If a new creditor protection association is approved, the Regulation shall determine a six-month period until the entry into force of the Regulation.

(4) The preroe shall be issued with the dissolution of the creditor protection association. The Federal Minister for Justice has determined the deletion by decree.

(5) The Federal Minister for Justice shall be entitled to withdraw the preroe of the Regulation if the conditions under which it has been granted are eliminated.

Recognition of a debt advisory body

§ 267. (1) A debt advisory body shall be entitled, upon request, to be recognised as a recognised debt advisory body if it is to:

1.		is not aimed at profit,
2.		offers advice free of charge,
3.		reliable, in particular financially secure and long-term oriented,
4.		Advising a sufficient number of debtors to employ, on average, at least three debt advisors throughout the year in the financial year,
5.		has an organisation aligned with the requirements of a modern quality management system, and
6.		has been successfully operating for at least two years for debtors free of charge in the field of debt counselling.
The President of the Higher Regional Court has to decide on the contentions in which the debt advisory body has its seat in its sprinkle. Before the decision is taken, an opinion of the roof organisation of the debt advisory bodies shall be obtained. The umbrella organisation also has an appeal against the prejudicial system.

(2) If a debt advisory body is considered to be a recognised debt advisory body, it shall:

1.		to grant, with the consent of the debtor, an insight into the documents relating to the case in question, in the context of the review of cases of appeal by the umbrella organisation of the debt advisory bodies,
2.		to collect the basic data of their activities on an ongoing basis, in particular the number of initial contacts and initial consultations, the distribution by sex, the level of indebtation, the work situation, the number and the result of extrajudicial comparisons, and objected debt settlement procedures, and to provide the results of the survey of the umbrella organisation of the debt advisory bodies; and
3.		the debt advisory mark (§ 268).

(3) The President of the Higher Regional Court shall be entitled to withdraw the preroe of a debt advisory body if it no longer fulfils the conditions laid down in paragraph 1 or if it violates a duty of paragraph 2. The umbrella organisation of the debt advisory bodies shall immediately report to the President of the Higher Regional Court on the existence of the reasons for the withdrawal of the debt.

(4) The preliminary right shall be issued with the dissolution of the debt advisory body. The President of the Higher Regional Court has issued a notice of the extinguisher.

(5) The President of the Higher Regional Court shall immediately inform the Federal Ministry of Justice of the right to take part in the Edict file to the Federal Ministry of Justice for the purpose of deprivation or the erasal of the right after the entry of the legal force.

(6) The grant, the withdrawal and the erasable of the right shall become effective with the end of the day of the customer's proclamation.

Debt Consultation Sign

§ 268. (1) The debt advisory mark consists of the coat of arms of the Republic of Austria (federal coat of arms) and the phrase 'State-recognised debt advice'; it is laid down in Annex A.

(2) The debt advisory mark may only be provided by debt advisory bodies, which are recognised as recognised debt advisory bodies in accordance with Section 267 (1), and by the umbrella organisation of the debt advisory bodies. The umbrella organisation has to add an addition to its function as an umbrella organisation, when the debt advisory mark is being held.

(3) Anyone who leads a debt advisory sign without being entitled to do so (par. 2), commit an administrative surrender and is punishable by a fine of up to 3000 euros. An administrative surrender does not exist if the deed is the offence of a judicial offence or is threatened with a stricter penalty under other administrative criminal provisions.

Insolvency Administrator List

§ 269. (1) The list of insolvency administrators shall contain text fields for the following information:

1.		Name, address, telephone number and fax number as well as e-mail address;
2.		training;
3.		professional career;
4.		entered in a professional list (since when) or type of work experience (since when);
5.		special expertise (in economic matters);
6.		particular knowledge of the industry;
7.		Infrastructure
a)			Total number of employees,
b)			Number of employees with insolvency practice,
c)			Number of employees with legal training,
d)			Number of employees with business administration training,
e)			EDP insolvency programme,
f)			Liability insurance as insolvency administrator;
8.		experience as insolvency administrator (in particular the number of orders and the turnover, number of employees and the continuing service life of the companies in the insolvency proceedings);
9.		the target local area of activity;
10.		for legal persons
a)			Representation in the exercise of insolvency administration including information after Z 1 to 6,
b)			Shareholders and economically active participants.

(2) The list of insolvency administrators is to be managed as a generally accessible database by the Oberlandesgericht Linz for the whole of Austria.

(3) Persons interested in the administration of insolvency have to register themselves in the list of insolvency administrators. You can also change the information yourself at any time.

(4) § 89j para. 5 GOG shall apply. "

(74) § 272 shall be added to the following provisions:

" Entry into force-and transitional provisions on the IRÄG 2010

§ 273. (1) The amendments to this Federal Act by the Insolvency Law Amendment Act 2010, BGBl. I n ° 29/2010, enter into force on 1 July 2010. Unless otherwise specified in the following paragraphs, they are to be applied to insolvency proceedings (bankruptcy proceedings, remediation proceedings) which are opened or resumed after 30 June 2010 (Section 158 (2)).

(2) On connection concourses following the compensation procedure opened before 1 July 2010, the provisions currently in force shall continue to apply, in so far as the provisions of paragraphs 5 and 6 do not provide otherwise.

(3) § § 69, 70, 71, 71b, 71d and 72d in the version of the Insolvency Law Amendment Act 2010 shall apply to requests for the opening of insolvency proceedings, which are to be applied to court after 30 June 2010.

(4) § 31 in the version of the Insolvency Law Amendment Act 2010 shall apply to legal acts and legal transactions carried out after 30 June 2010, respectively. shall be received.

(5) § § 140 to 146 and 148 to 165 in the version of the Insolvency Law Amendment Act 2010 shall apply if the application for the acceptance of a remediation plan after 30 June 2010 takes place in court. Section 142 Z 2 in the version currently in force will continue to apply to proceedings initiated before 1 July 2015.

(6) § § 92 to 94, 147 and 193 para. 2 in the version of the Insolvency Law Amendment Act 2010 shall apply if the conference is scheduled to take place after 30 June 2010. § 77a (2), last sentence, and § 256 (3), as amended by the Insolvency Law Amendment Act 2010, shall apply to requests for non-compliance, which shall be submitted to the court after 30 June 2010.

(7) § 25b in the version of the Insolvency Law Amendment Act 2010 shall also apply to agreements concluded before 1 July 2010.

(8) § 115 (4), § § 242 and 252 to 263 in the version of the Insolvency Law Amendment Act 2010 shall also apply to proceedings pending on 30 June 2010.

Retribution of pre-justifies

§ 274. (1) The legal acts based on § 11 IEG shall be considered to be the subject of the provisions of § 266 in the version of the Insolvency Law Amendment Act 2010.

(2) The legal acts based on § 12 IEG shall be considered to be the subject of the law in accordance with § 267 in the version of the Insolvency Law Amendment Act 2010. Annex A of the IEG is taken over as an annex to the insolvency order.

Replacement of terms and references

§ 275. (1) Insofar as the provisions of this Federal Act are not amended by the Insolvency Law Amendment Act 2010, the following terms in this Federal Act (also in the headings) shall be given in the grammatically correct form and with the appropriate or unspecified items, replaced by:

1.		the opening of bankruptcy by the opening of insolvency proceedings;
2.		bankruptcy mass by insolvency,
3.		Bankruptcy creditors by insolvency creditors,
4.		Bankruptcy and bankruptcy proceedings by insolvency proceedings,
5.		Bankruptcy court by insolvency court,
6.		bankruptcy claim by insolvency requirement,
7.		bankruptcy due to insolvency,
8.		the application for bankruptcy and the request for bankruptcy proceedings by application for the opening of insolvency proceedings;
9.		Bankruptcy by lifting the insolvency proceedings,
10.		Bankruptcy rate by insolvency ratio,
11.		Bankruptcy proceedings by insolvency edict,
12.		Social bankruptcy by means of social insolvency proceedings,
13.		the bankruptcy of bankruptcy by insolvency proceedings,
14.		Masse-manager by insolvency administrator,
15.		Mass administration through insolvency administration,
16.		Bankruptcy bankruptcy proceedings by means of a procedure for the insolvency of the proceedings,
17.		Forced compensation by remediation plan,
18.		Forced compensation proposal and compensation proposal by means of a refurbelling plan,
19.		Forced compensation by the application of the SanierungsplanRequest,
20.		Compulsory compensatory stagnation in the course of the renovation of the renovation of the country,
21.		compensation for compliance with the remediation plan,
22.		Trustee by trustee,
23.		Debtor by debtor,
24.		Personally liable partner by unrestricted liability of shareholders and
25.		Bankruptcy order by insolvency order.

(2) Where reference is made in other federal laws and regulations to provisions of the bankruptcy order, the quote "bankruptcy order" is replaced by the quote "insolvency order" and the citation "KO" by the quote "IO". "

Article 2

Amendment of the Insolvency Law Introductory Act

The Insolvency Law introduction Act, RGBl. No 337/1914, as last amended by the Debt Advisory Novella, BGBl. N ° 73/2007, is hereby amended as follows:

1. § 16 the following paragraph 4 is added:

§ § 9a to 12a as well as 14 and 15 shall expire on 30 June 2010. "

2. § 17 the following paragraph 3 is added:

"(3) § 14 shall continue to be applied to the compensation procedure opened before 1 July 2010."

Article 3

Amendment of the Court Fees Act

The court fee law, BGBl. No. 501/1984, as last amended by the Act on Children's Law, BGBl. I n ° 137/2009, shall be amended as follows:

1. § 2 Z 1 lit. f is:

" f)			for the bankruptcy and reorganization procedure:
aa)				for bankruptcy proceedings before the Court of Justice with the notification of the decision referred to in Article 14a (1) of the GEC to the mass administrator, in the case of confirmation of the recovery or payment plan with the delivery of this decision or-in the case of -with its notification to the masseuse, in the cases of the debtor's obligation to pay with the notification of the respective decision to the debtor;
bb)				for the reorganisation procedure before the Court of Justice in the case of the debtor's own administration with the service of the decision referred to in Article 14a (2) of the GEC to the debtor, the debtor shall not be responsible for the service of the debtor, with the delivery of this Decision addressed to the mass administrator;
cc)				for the debt settlement procedure before the District Court, with the notification of the decision referred to in Article 14a (1) of the GEG to the mass administrator, in the case of confirmation of the recovery or payment plan with the delivery of this decision; or- in the event of an under-blithed delivery, with the delivery of the notification to the mass administrator, in the cases of the debtor's obligation to pay, with the notification of the respective decision to the debtor;
dd)				for the reorganization procedure with the delivery of the repeal or recruitment decision to the debtor (§ § 12 and 13 URG); "

2. § 22 together with the title is:

" I. Obligation to pay for bankruptcy and reorganization proceedings

§ 22. (1) In the event of termination of the bankruptcy proceedings before the Court of Justice by final distribution or confirmation of the remediation plan, the mass administrator shall be obliged to pay the flat fee from the insolvency mass. In the event of termination of this procedure with the consent of the creditors, confirmation of the payment plan or by the introduction of the levies procedure, the payment of the flat-rate fee is the responsibility of the debtor. If the flat-rate fee is increased after the withdrawal of the bankruptcy procedure, the payment of the amount of increase shall be the responsibility of the debtor, and the persons liable for the liability for the obligations of the debtor shall also be subject to payment. .

(2) In the event of termination of the reorganisation proceedings before the Court of Justice with the consent of the creditors or by judicial confirmation of the remediation plan, the debtor shall be obliged to pay the flat fee if he/she has his own administration. For this purpose, the persons responsible for the liability of the debtor are also subject to payment. If, on the other hand, the debtor is deprived of his own administration, the payment obligation shall be the responsibility of the grower.

(3) If the debtor is deprived of his own administration in the debt-regulatory procedure before the District Court, then in the event of termination of the proceedings by the final distribution or confirmation of the remediation plan, the property manager shall be obliged to The payment of the flat-rate fee shall be charged to the debtor in the event of termination with the acceptance of the creditor or by confirmation of the payment plan or by the initiation of the levies procedure. If the flat-rate fee is increased after the insolvency proceedings have been annulled, the payment of the amount of increase shall be the responsibility of the debtor; in addition, the persons liable for the liability for the debtor's liabilities shall also be subject to payment. . If, on the other hand, the debtor is responsible for self-administration throughout the entire procedure, no flat fee is payable for the debt regulation procedure.

(4) In order to pay the flat-rate fee for the insolvency proceedings, the mass manager shall also be subject to payment after a final cancellation of the bankruptcy, if he/she is liable for a reduction in the fee for this fee. Load falls.

(5) In the event of the cancellation or termination of the reorganization procedure (§ § 12 and 13 of the URG), the entrepre who has requested the initiation of the reorganization procedure (§ 1 para. 1 URG) is obliged to pay the flat fee. "

The heading for Section III of the Tariff reads as follows:

" III. Insolvency and reorganization procedures "

4. In tariff post 6

a) in the column "Subject" lit. a:

" (a)		for insolvency proceedings in the event of termination by final distribution, termination by judicial confirmation of the remediation or payment plan, termination by initiation of the levies procedure or termination with consent the creditor; "

(b) in the column "Amount of charge" lit. a:

		"15 vH of the remuneration of the insolvency administrator according to § § 82 to 82c IO, but at least 384 euros"

(c) lit. b repeals and receives the previous lit. (c) the name lit. b;

(d) the notes are 1 to 3:

" 1. The cancellation of the bankruptcy shall be conditional upon the payment of the flat fee; in the case of the recovery plan, its confirmation shall be conditional upon the payment of the flat fee or the payment of the flat fee.

2. The lump sum fee for the insolvency proceedings shall be treated as a mass claim.

3. In the case of the debtor's own administration in the debt settlement procedure, no flat fee shall be paid. "

(e) Note 4 shall be repealed.

(f) Note 6:

" 6. If, without taking into account the obligation to pay fees in accordance with the tariff post 6, a sum of money for distribution to the concursant creditors is serving, but not after deduction of the in lit. a flat-rate fee, the remaining amount of money shall be paid as a flat-rate fee. The rules on the payment of the flat-rate charge in the event of termination of the bankruptcy procedure by the final distribution shall apply accordingly. "

5. In tariff post 15, note 3 is lit. f:

" f) Official confirmations issued to the insolvency administrator; "

6. In Art. VI the following Z 38 is added after Z 37:

" 38. § § 2 and 22 together with the title, the title of the III. Section of the Tariff, tariff post 6 including notes 1 to 4 and 6 as well as tariff post 15 Note 3 in the version of the Federal Law BGBl. I No 29/2010 will enter into force on 1 July 2010. § § 2 and 22, together with the heading, as well as the tariff post 6 Notes 1 to 4 and 6 as well as the subheading 15 Note 3 in the version of the Federal Law BGBl. I No 29/2010 shall apply to insolvency proceedings, which shall be opened after 30 June 2010. If the insolvency proceedings are resumed (Section 158 (2) (IO)), the date of the retrial shall be the decisive date. § 31a is based on the Federal Act BGBl. 29/2010 of newly measured charges in collective bargaining post 6, subject to the proviso that the initial basis for the redetermination of the underlying charge amount in each case the index number of the index of the amount of the amount of the fee to be paid in March 2009. Bundesanstalt Statistik Austria is a consumer price index. "

Article 4

Amendment of the Judicial Introduction Act

The Court Application Act, BGBl. No 288/1962, as last amended by the Federal Law, BGBl. I n ° 52/2009, shall be amended as follows:

§ 14a reads as follows:

" § 14a. (1) If, either in bankruptcy proceedings before the Court of Justice or in the debt-regulating procedure without the debtor's own administration, all other conditions for the annulment of the bankruptcy procedure after the final distribution or in the debt settlement proceedings before the district court are fulfilled; with the consent of the creditors are fulfilled or all the conditions for the confirmation of the reorganization or payment plan or for the initiation of the levies procedure are available, the insolvency court with decision has the flat fee according to Tariff post 6 GGG to be determined and the masseuse to pay this fee to be asked. This also applies if the debtor is obliged to pay the debtor in these proceedings, but in such cases a copy of the decision shall also be issued to the debtor-in the absence of a masse-manager only to the debtor. The decision shall include a reference to the legal consequences of non-payment of the flat-rate fee.

(2) If all other conditions for the judicial confirmation of the recovery plan are fulfilled before the Court of Justice in the reorganisation procedure, the insolvency court with a decision to determine the flat-rate fee in accordance with the tariff post 6 GGG shall determine and in the case of the self-administration of the debtor, in the absence of self-administration, to request the masse-manager to pay this fee. In the case of the debtor's own administration, a copy of the decision must also be sent to the reorganisation administrator.

(3) Decisions in accordance with paragraph 1 may be appealed by the masse-manager, in the cases of the debtor's obligation to pay, also by the debtor with a recourse. The debtor and the refurbishment manager may file a recourse against decisions pursuant to paragraph 2. The recursal period shall be fourteen days. The court may grant the recourse request itself. In addition, incorrect decisions pursuant to paragraphs 1 and 2 may be corrected in the appropriate application of Section 419 of the ZPO. "

2. In § 19a, the following paragraph 8 is added:

" (8) § 14a in the version of the Federal Law BGBl. I n ° 29/2009 enters into force on 1 July 2010 and applies to all insolvency proceedings which will be opened after 30 June 2010. If the insolvency proceedings are resumed (Article 158 (2) (IO)), the date of the retrial shall be the decisive date. "

Article 5

Amendment of the Insolvency-Remuneration Assurance Act

The Bankruptcy-Remuneration Assurance Act, BGBl. No. 324/1977, as last amended by the Federal Law BGBl. I n ° 148/2009, shall be amended as follows:

1. § 1 (1) reads:

" (1) Claim for insolvency remuneration have employees, free service employees within the meaning of Section 4 (4) of the General Social Insurance Act (ASVG), BGBl. No 189/1955, home workers and their survivors, as well as their legal successor, on the grounds of (claimants) for the claims secured in accordance with paragraph 2, if they are in a working relationship (free service, contract) or confessed in accordance with § 3 (1) or (2) (2) (2). a to d ASVG are considered to be in domestic employment (galten) and on the assets of the employer (payer) domestiated a procedure in accordance with the insolvency order (IO), RGBl. No 337/1914 is opened. The procedures according to the IO (in the following "insolvency proceedings") are the same:

1.		the arrangement of business supervision;
2.		the non-opening of insolvency proceedings in the absence of cost-covering assets;
3.		the rejection of the opening of insolvency proceedings pursuant to Section 68 of the IO for lack of assets,
4.		the deletion according to § 40 or § 42 of the Company Book Act (FBG), BGBl. No 10/1991, on the grounds of lack of assets,
5.		the rejection of the request for the opening of the insolvency proceedings pursuant to § 63 IO,
6.		the decision pursuant to Section 153 (1) or § 154 (1) of the Extrastreit Act (External StrG), BGBl. I No 111/2003.
Where a foreign court has taken a decision pursuant to Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (the EU insolvency regulation), OJ L 327, 31.12.2000, p. No. 1, or in accordance with § 240 IO or § § 243 bis 251 IO (concerning credit institutions and insurance undertakings) is recognised in Germany, is subject to insolvency payment in accordance with the provisions of this Federal Act, if: the conditions of the first sentence, with the exception of the opening of insolvency proceedings in the country, are fulfilled. "

2. § 1 para. 2 Z 4 reads:

" 4.		the necessary costs for the appropriate legal proceedings. These are in particular:
a)			Process costs which have been legally awarded to the employee in order to enforce the claims in accordance with Z 1 to 3 or have been established in the case of insolvency proceedings pursuant to § 109 IO;
b)			the legally binding costs of the audit processes carried out in accordance with § 110 IO;
c)			the convicted executive costs of bringing the employee's claims against the employer;
d)			tariff-based process costs to the worker in a procedure for the enforcement of his or her claims Paragraph 2 Z 1 to 3 and whose replacement is due to him or her due to legal or out-of-court order or recognition, as well as the legal costs incurred by the employee in such court proceedings, the in accordance with § 7 paragraph 1 IO has been suspended;
e)			Cash expenses and expenses for the legal representative incurred by the employee on the occasion of an out-of-court comparison or recognition of claims pursuant to paragraph 2 (2) (1) to (3), costs for the legal representative, however, only up to the costs of the Tariff post 2 of the Law of the Bar Code, BGBl. No 189/1969,
f)			tariff-based procedural costs and cash expenses which have been granted to the employee in the course of the application for and participation in a procedure as referred to in paragraph 1;
g)			tariff-based procedural costs and cash expenses for a subsequent examination meeting in respect of claims that have arisen or become due in accordance with the general examination procedure;
h)			the costs attributed to the worker if he or she has sought the issuing of a certificate by the employer;
i)			The costs of processing which the employer, as a plaintiff, has to replace to the employee as a defendant in proceedings relating to claims relating to the employment relationship shall, in so far as the employer is responsible for the opening of a contract, Insolvency proceedings or any other insolvency facts as referred to in paragraph 1 shall not be able to pay any more. This shall not apply to costs in a procedure pursuant to § 7 (7). "

3. In § 1 para. 3 Z 1 the expression "Bankruptcy" by the expression "Insolvency Rules" replaced.

4. § 1 para. 3 Z 2 lit. a and b is:

" (a)			after the request for the opening of the insolvency proceedings or on the order of business supervision, or
b)			in the last six months prior to the opening of the insolvency proceedings or the order of business supervision, or before taking note of the decision pursuant to paragraph 1 Z 2 to 6 "

5. In § 1 para. 3 Z 3a the expression "that in bankrupty the bankruptcist" by the expression "that in insolvency proceedings the insolvency mass" replaced.

6. In § 1 (5) the term " "in bankrupty (compensation procedure)" .

(7) The following heading is inserted before § 1a:

"Bankruptcy-charges for loss due to deterioration of the economic situation and in the case of over-indebted discount"

(8) According to Article 1a (2), a paragraph 3 is inserted with the following wording. The previous paragraph 3 is given the name "(4)":

" (3) Insolvency fee is due for secured claims in accordance with § 1 (2) with regard to that part, for which the claimant of the conditionally congenital heirs is not due to the insufficiently established non-sufficient indulging activa Payment can be received. In this case, the employee shall also be entitled to insolvency remuneration for the costs and cash expenses of the employees, as well as the costs of the proceedings to be replaced by him on these heirs. "

9. § 2a shall not be included in the title.

10. In § 3 (1) the expressions shall be "at the time of the opening of the bankruptcy or of any other insolvency proceedings (§ 1 (1) (1) and (2))" and "according to § 1 (1) (1) Z 3 to 6" through the expressions "at the time of the opening of the insolvency proceedings or the order of business supervision" and "according to § 1 (1) (1) Z 2 to 6" replaced.

11. § 3a together with the headings:

" for running pay and claims from unbalanced time credits

before the insolvency

§ 3a. (1) Insolvency fee is due for the remuneration due to the employee, including the special payments due in the last six months before the date of the date (§ 3 (1)) or, if the employment relationship has ended before the deadline, in the after six months before the end of the working-law period. The period of six months shall not apply to the extent to which claims for remuneration are brought within six months of the date of their decision, or within the framework of a conciliation procedure or procedure laid down in collective redress standards, or in the case of proceedings before the The same treatment commission has been duly asserted and the relevant proceedings have been duly continued and where a difference between the under-collectively-contractual and collective contractual pay is requested. Insolvency fees for claims arising out of unmatched time credits shall only be paid if the working hours to be paid have been made in the periods specified in the first sentence, unless in the context of part-time arrangements or on the basis of The reason for a statutory or collective contractual arrangement or an operating agreement is to provide for longer periods of time to pass through.

at the opening of the insolvency proceedings in Germany

(2) Insolvency remuneration is due in the event of the opening of the insolvency proceedings for claims to be paid, including the special payments due

1.		up to the relevant reporting stagnation;
2.		until the legal end of the employment relationship, if this is resolved before the reporting date;
3.		until the end of the period referred to in paragraph 5, if no reporting stagnation takes place;
4.		until the legal end of the employment relationship, if it is resolved within a month after the reporting date on which no decision on the continuation of the company has been taken, according to § 25 IO;
5.		up to the legal end of the employment relationship as default liability (para. 4), if after the reporting period or-no such takes place-after the end of the period referred to in paragraph 5 or para. 6 until the annulment of the insolvency proceedings of the employees as a result of the first non-full payment of the In the event of undue destitution or pre-abstention of the due pay, charges shall be declared to be entitled to early withdrawal or the employment relationship shall be resolved for other reasons. This exit shall not apply to special payments and disputed claims. Paragraph 4 shall not, however, apply to that current payment due to its undue destitution or abstention of the withdrawal.

when the business supervisor is arranged

(3) Insolvency remuneration is due in the case of the arrangement of the business supervisor for claims to be paid, including the special payments due, which are incurred by the end of the month in which the arrangement of the business supervision is effected. From this point on, there is a right to insolvency remuneration for an ongoing remuneration, including the pro-rata payments in accordance with Section 3 (1), only if the employee is due to the first non-full payment of the remuneration payable to him. due to undue destitution or pre-abstention of the due pay, its justified early exit is declared. The last sentence of paragraph 2 Z 5 is to be taken into consideration. Insolvency fees shall be due at the latest by the end of the period referred to in paragraph 5.

As a default liability at the opening of the insolvency proceedings

(4) The right to insolvency remuneration in the cases referred to in paragraph 2 (2) (5) and (3) shall be due only and in so far as the competent administrator shall either declare in writing that the insolvency mass or the insolvency estate or the insolvency estate shall be deemed to be the right of insolvency the employer is not or is not fully in a position to pay, or the mass inadequacy according to § 124a IO has indicated to the insolvency court.

in other cases and in the case of insolvency cases abroad

(5) In the event of a decision pursuant to Article 1 (1) (2) to (6), insolvency fee shall be payable, unless otherwise specified, for the payment of the fee, including the special payments due, which have been incurred until the end of the third month, which shall be paid to the Date of reference (§ 3 (1)).

(6) Paragraph 5 shall also apply in the case of a foreign insolvency title in accordance with § 1 (1), last sentence, unless a secondary insolvency proceedings under Article 3 (3) of the EU Insolvency Regulation with respect to the same employer (payer) in the domestic territory or a specific procedure pursuant to Article 3 (2) and (4) of the EU Insolvency Regulation, provided that, for the claims referred to in the first sentence of paragraph 5, insolvency charges shall be paid by the end of the fourth month following the date on which the insolvency proceedings are completed; is due. If, at the request of the foreign insolvency administrator, the continuation of the company in the insolvency file is made known before the expiry of that period, the insolvency fee, including the special payments due, shall only be paid until the end of the The month in which the notice has been published in the insolvency file. "

12. In § 3b, Z 1 and 2, the expression "§ 3a (2) (1) to (4), (3) or (5)" by the expression "§ 3a (2) (1) to (4), (3), (5) or (6)" replaced.

13. § 3b Z 3 and 4 are:

" 3.		for claims arising from the termination of the employment relationship in the case of continuation of the undertaking following the annual reporting period until the insolvency proceedings have been lifted if the employee is due to the undue reduction or pre-abstention of the company its reasonable early exit, provided that the conditions for the default liability are fulfilled in accordance with Section 3a (4);
4.		for claims arising from termination of the employment relationship, which shall arise until the insolvency proceedings have been lifted, provided that the employment relationship is resolved for other reasons than in accordance with Z 3 and the conditions for the default liability pursuant to Article 3a (4) exist; "

14. In § 3c, last sentence, the expression "in the case of an upright bankruptcy or a countervailing procedure" by the expression "in the case of the upright insolvency proceedings" replaced.

§ 4 and title shall read:

" Granting of insolvency charges in the event of consideration of reasons worthy of consideration

§ 4. If there are reasonable grounds for consideration, the office must decide particularly quickly on the application for the insolvency fee of the claimant. Reasons worthy of consideration shall, in particular, be the case where the beneficiary proves that he or she is in one of the following: The situation is at risk and the survival of the living is possible in other reasonable ways. is not guaranteed. "

16. In § 5 (1) the expression "the bankrupty" by the expression "the insolvency proceedings" replaced.

17. In § 5 (4) the expression " in the case of the bankruptcy court or Compensation court (Section 104 (1) KO) Section 76 (1) AO) " by the expression "in the case of insolvency proceedings (§ 104 (1) IO)" replaced.

18. In § 5 (5) the term " "and any advance payments already attributed to it" .

19. In § 6 para. 1, first and last sentence, the expression "§ 1 (1) Z 3 to 6" by the expression "§ 1 (1) (2) to (6)" replaced.

20. In § 6 (1), Z 1 and 2 are omitted. The previous Z 3 to 6 are given the designations Z 1 to 4.

21. In § 6 para. 2 the last sentence is:

" If the insolvency proceedings have been opened and the secured claim is the subject of the application, a piece of the request notification (§ 103 IO) and copies of the documents attached to it shall be attached; the second half-sentence of the first sentence shall apply: accordingly. "

Section 6 (3) reads as follows:

" (3) The office has to enter the receivables in a register (list of receivables). The claims are to be registered in groups only in accordance with the rules of the insolvency order if insolvency proceedings are pending. The list of receivables shall be the employer, if the insolvency proceedings are due to the reorganisation manager or Insolvency administrator (hereinafter referred to as the "responsible manager"), in two copies. In addition, the competent administrator shall be required to submit the applications and their supplements to the extent that they relate to claims which are not the subject of the application (§ 103 IO). The transmission of the receivables directory to the responsible administrator may also be done by telegraphic, telex, fax, by way of automation-assisted data transmission or in any other technically possible manner. As a result, this also applies to its opinion to the office. "

23. In § 6 (4) the expression "a bankruptcy procedure" by the expression "insolvency proceedings" replaced.

Section 6 (5) and (6) reads as follows:

" (5) Where insolvency proceedings are pending, the liquidator in charge shall make the declaration provided for in paragraph 4. The period of explanation may be extended at the request of the competent administrator if the records of the debtor necessary for the verification are not available or are defective or otherwise the filing of the declaration within 14 days is unreasonable. Insofar as the claim is the subject of the application, the declaration referred to in paragraph 4 shall be replaced by the competent administrator for the immediate transfer of an extract (a copy) from the register of registration (§ 108 IO).

(6) The provisions of paragraphs 2 to 5 shall apply in accordance with the order of business supervision; the supervisor shall be replaced by the competent administrator. "

25. In § 6 (7) the expression "§ 1 para. 1 Z 4, 5 or 6" by the expression "§ 1 (1) Z 3, 4, 5 or 6" replaced.

26. In Section 7 (1), the expressions shall be "before the opening of the bankruptcy" and "in bankrupty or in compensatory procedures" through the expressions "Before the opening of the insolvency proceedings" and "in insolvency proceedings" replaced.

27. § 7 (4), first sentence reads:

"The place of business shall be to the extent that it has been collected, collected, and the employer (former employer), but, in the event of an insolvency proceedings, to be sent to the competent administrator."

Section 7 (6) reads as follows:

" (6) In the event of the seizure, pledge or transfer of the secured claims, the corresponding partial amounts of the insolvency fee shall be paid to the beneficiary, provided that the relevant documents or judicial decisions of the The Office shall be submitted to the Office prior to the release of the date of the decision. Section 8 (1) shall apply mutasensitily. "

Section 7 (7) reads as follows:

" (7) If, under § 1 (3) (1) (1), the claimant is obliged, on the basis of a judgment pursuant to the Insolvency Code or the Rules of Insolvency, to make payments for claims arising from the employment relationship (free service relationship, (§ 6 (1)), this obligation shall be applied to the insolvency fee fund. This obligation exists even if, on the basis of a written request which has been proven to him, the claimant is entitled to make such payments for claims arising from the employment relationship (free service relationship, order ratio) to refund. "

30. In § 9 (1) the term " "or a advance on it" .

31. § 9 para. 2 reads:

"(2) Copies of the certificates referred to in paragraph 1 shall also be sent to the employer (former employer), but in the case of insolvency proceedings, to the competent administrator."

32. The following heading is inserted before § 10:

"Dispute over the right to insolvency pay"

33. In § 10, the term " "or a advance on this" .

34. § 11 (1) reads:

" (1) The secured claims against the employer (against the insolvency mass) subject to this Federal Act, insofar as they are not disputed, go to the insolvency fee fund with the application (§ 6 para. 1), the secured claims shall be based on the § 1 para. 5 to register with this application. Disputed claims go to the insolvency fee fund with the payment of recognised bankruptcy charges. The transfer of receivables shall also cover all contractual rights of the claimant with respect to third parties in respect of the secured claims on the basis of paragraph 3 above, insofar as they have been granted for insolvency. Without prejudice to § 47 (2) IO, the transition does not involve any change in the legal base, the ranking or the preemption of the claim. The same legal consequences arise with the service of the final judgment (§ 10). "

35. In § 11 para. 2, the parenthesis shall be "(the masse-manager)" by the parenthesis expression "(the responsible administrator)" replaced.

36. § 11 para. 3, first and second sentence reads:

" However, if the claim referred to in paragraph 1 has been transferred to the insolvency fee fund, access to future assets acquired by the employer after the cancellation of the insolvency proceedings shall be excluded in that respect. The same shall apply in the cases referred to in Article 1 (1) (1) (1) to (6), but not if the payments under the recovery plan, payment plan or levies procedure to the insolvency fee fund (quota payments, (a), including such outstanding mass claims, have not yet been carried out. "

37. In § 13 (5) the expression " according to § 58 Z 1 KO or according to § 28 Z 1 AO " by the expression "according to § 58 Z 1 IO" replaced.

38. § 13 (8) (1) and (2) are:

" 1.		after each inspection in accordance with § 12 para. 6 Including: the proposal, including the preview, the clearance of accounts and the annual report referred to in paragraph 2;
2.		before obtaining a regulation on the amount and amendment of the contract in accordance with Article 12 (1) (4) (4), with the application of the documents after Z 1; "

39. § 13a (1) reads:

"(1) The entitlement of the beneficiary shall also include the contributions to the statutory social insurance contribution to the service recipient (hereinafter referred to as" employee contribution shares ")."

40. In § 13a (2) and (13b) the expression shall be "before the opening of the bankrupty" by the expression "Before the opening of the insolvency proceedings" replaced.

41. In Article 13a (3), the following sentence shall be inserted after the first sentence:

"The social insurance institutions responsible for raising the contribution to the contribution survey shall also proceed first after the first sentence with regard to the employee contribution shares which could not be made in accordance with Section 67a (2) and (13) of the ASVG."

42. In Section 13a (3), the previous Z 1 to 8 shall be replaced by the following Z 1 to 7:

" 1.		the annulment of the insolvency proceedings, in the case of a recovery plan, the fulfilment of that plan;
2.		the deletion or the abolition of business supervision;
3.		the non-opening of insolvency proceedings in the absence of cost-covering assets;
4.		the rejection of the opening of insolvency proceedings pursuant to Section 68 of the IO for lack of assets,
5.		the deletion according to § 40 or § 42 of the Company Book Act (FBG), BGBl. No 10/1991, on the grounds of lack of assets,
6.		the rejection of the request for the opening of the insolvency proceedings pursuant to § 63 IO,
7.		the decision pursuant to Section 153 (1) or § 154 (1) of the Extrastreit Act (External StrG), BGBl. I n ° 111/2003. "

43. § 13a (4) reads:

" (4) If a recovery plan is not fulfilled, the settlement in accordance with paragraphs 2 and 3 shall not be sufficient until the termination of the insolvency proceedings in accordance with paragraph 3 (1) and the rejection of the application for the opening of the insolvency proceedings. Assets in accordance with paragraph 3 Z 3. If the business supervision is terminated by the opening of the insolvency proceedings, the settlement shall only take place with the termination of the insolvency proceedings according to paragraph 3 Z 1. If a secondary insolvency proceedings (Section 6 (1)) are opened, the dates referred to in paragraph 3 (3) (Z) to (7) shall relate to this secondary insolvency proceedings. "

44. In § 14, para. 2, the expression "Mass Administrator (compensation manager)" by the expression "competent custodians" and in Section 14 (3) of the Expression "Mass Administrator (compensation manager)" by the expression "competent custodian" replaced.

(45) A new paragraph 7 shall be added to § 14, with the following wording:

"(7) If the insolvency court of the Public Prosecutor's Office has refunded an advertisement in accordance with § 261 IO, this court also has to inform IEF-Service GmbH in Vienna of this."

46. In § 17 (1) the expression "the bankrupty" by the expression "the insolvency proceedings" replaced.

47. In accordance with § 24, a § 25 is added with the following wording:

" Entry into force and transitional provisions on the Novelle BGBl. I No 29/2010

§ 25. (1) § 1, § 3 (1), § 3a including headlines, § 3c, § 4 including title, § 5, § 6 para. 1, para. 2, para. 3, first and second sentence, and para. 4 to paragraph 7, § 7, § 9, § 10, § 11, § 13 para. 5, § 13a para. 2 and para. 4, § 13b, § 14 para. 2 and § 17 para. 1 in the Constitution of the Federal Law BGBl. I No 29/2010 will enter into force on 1 July 2010 and shall apply to insolvency proceedings and other similar decisions pursuant to § 1 (1) (1) (1) to (6), which are to be taken after 30 June 2010.

(2) § 1a (3) and (4) in the version of the Federal Law BGBl (Federal Law Gazette). I No 29/2010 shall enter into force on 1 July 2010 with the proviso that those provisions shall apply to claims against heirs submitted to the Court of First Instance after 30 June 2010.

(3) Section 13a (3) second sentence in the version of the Federal Law BGBl. I n ° 29/2010 occurs in accordance with Section 635 (1) of the ASVG (BGBl. I n ° 91/2008).

(4) The headings before § 1a and § 10, § 6 para. 2, para. 3 third and fourth sentence as well as Section 13 (8) and Section 14 (7) in the version of the Federal Law BGBl. I No 29/2010 will enter into force on 1 July 2010.

(5) Section 2a including the heading in the version before the Federal Act BGBl. I n ° 29/2010 with the expiry of 30 June 2010, with the proviso that this provision shall continue to be shall apply to insolvency proceedings and to other decisions to be followed in accordance with Article 1 (1) (1) (1) to (6), which shall be taken before 1 July 2010 . "

Article 6

Amendment of the IEF-Service-GmbH-Act

The IEF-Service-GmbH-Gesetz, BGBl. I n ° 88/2001, as last amended by Federal Law BGBl. I n ° 82/2008, shall be amended as follows:

1. In Section 12 (5), the first sentence reads:

" The Management Board shall submit to the Supervisory Board the annual work programme and the annual budget for the next financial year for approval in sufficient time for the Supervisory Board to be informed of this at the last meeting of the current financial year. may decide. "

2. In accordance with § 29, the following § 30 together with the title is added:

" Entry into force of the Novelle BGBl. I No 29/2010

§ 30. Section 12 (5) in the version of the Novelle BGBl. I n ° 29/2010 will enter into force on 1 June 2010. '

Article 7

Amendment of the Working Contract Law Adaptation Act

The Labour Contract Law Adaptation Act, BGBl. No 459/1993, as last amended by the Federal Law Gazette (BGBl). I No 150/2009, shall be amended as follows:

1. § 3 (2) reads:

"(2) (1) does not apply in the case of a reorganisation procedure without own administration or a bankruptcy proceeding of the divestment."

2. § 19 (1) Z 24 shall be replaced by the following Z 23 to 25:

" 23.		§ § 14a and 14b in the version of the Federal Law BGBl. I n ° 135/2009 will be 1. Jänner 2010 in force.
24.		Section 7b (3) in the version of the Federal Law BGBl. I No 150/2009 shall enter into force 1. Jänner 2010 in force.
25.		§ 3 (2) in the version of the Federal Law BGBl. I n ° 29/2010 shall enter into force on 1 July 2010 and shall apply in the case of remediation and bankruptcy procedures which will be opened or resumed after 30 June 2010. '

Article 8

Amendment of the Land Labour Act 1984

The Landarbeitsgesetz 1984, BGBl. No 287, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. (Policy determination) In § 26g, the word order "Concourse, compensation" by the word "Insolvency" replaced.

2. (Policy determination) Section 39a (2) reads as follows:

"(2) (1) does not apply in the case of a reorganisation procedure without own administration or a bankruptcy proceeding of the divestment."

3. (Basic Law and Federal Law Applicable directly) In accordance with Section 285 (41), the following paragraphs 42 and 43 are added:

" (42) (federal law directly applicable) The laws of execution of the Länder to § § 26g and 39a (2) in the version of the Federal Law BGBl. I No 29/2010 shall be adopted within six months of the date on which the event is held.

(43) (Policy determination) The implementing laws of the Länder have to provide that Section 39a (2) in the version of the Federal Law BGBl (Federal Law). I n ° 29/2010 in the case of reorganisation and bankruptcy proceedings, which shall be opened or resumed after the entry into force of the implementing act. '

Article 9

Amendment of the Industrial Regulations 1994

The Industrial Order 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I n ° 8/2010 and the Federal Ministries Act of 2009, BGBl. I n ° 3/2009, shall be amended as follows:

1. § 87 (2) reads:

" (2) In the case of the existence of an entitlement to the activities of the insurance mediation, the authority may, on account of the opening of the insolvency proceedings, depart from the withdrawal of the industrial authorization prescribed in paragraph 1 (2) (2) if the The commercial exercise is primarily in the interest of creditors. "

(2) The following paragraph 39 is inserted in § 382:

" (39) § 87 (2) in the version of the Insolvency Law Amendment Act 2010, BGBl. I n ° 29/2010, will enter into force on 1 July 2010. '

Article 10

External force of the equalisation order

The compensation order, BGBl. II No. 221/1934, as last amended by the Family Rights Amendment Act 2009, BGBl. No 75/2009, with the expiry of 30 June 2010, the compensation order shall continue to be applied to compensation procedures which have been opened before 1 July 2010.

Fischer

Faymann