"Sole article.-Introducense the following |! |" (Nº18.175, bankruptcy law changes: 1.-Article 8 to) replace your number 1 with the following: "1. overseeing the actions of the Trustees in |! |" bankruptcies, agreements or assignments of goods at all |! | aspects of their management, are technical, legal or |! | financial, as well as the administrators of the |! | continuation of the giro.
Overseeing faculty includes the de |! | administratively interpret laws, regulations and |! | other rules that govern supervised persons, without |! | prejudice to the jurisdictional powers as |! | they correspond to the relevant courts; "."
(b) replace your number 2 with the following: "2. examine, when deemed necessary, the |! |" accounts, files, documents, books, accounts and |! | relating to bankruptcy, agreement or transfer assets of |! | goods. No display or delivery of stated in |! | This subsection by the trustee to the Superintendency |! | for its consideration, serious misconduct shall be considered for the |! | effects of no. 9 of this article.
The Superintendent of bankruptcy may, in cases |! | qualified that they framed within the rules |! | generals who has been issued to that effect, require audits |! | Independent Auditors, for certain external |! | bankruptcy.
The bankrupt and the creditors whose loans |! | representing at least ten per cent of the liabilities of |! | the bankruptcy with the right to vote, may apply to the judge, |! | founded, the completion of an external audit of |! | those listed in the preceding paragraph. Also be |! | take on board the agreement request these |! | audits with the favorable vote of a least ten |! | per cent of the liabilities of the bankrupt voting.
In the event that the bankrupt, any creditor or the |! | Ombudsman consider that there has been no plausible reason |! | to request the audit in accordance with subsection |! | foregoing, may ask the judge to condemn in costs to |! | those who have requested it.
Auditors concerning this issue shall be |! | appointed by the Board of creditors who will meet |! | unusually for these effects, among which |! | recorded in the register that takes the Superintendency of |! | Securities and insurance, in accordance with the provisions in the |! | Article 53 of the Act Nº18.046. Fees will be |! | set by the Board and, in the event that she not be |! | celebrate or there is no agreement, both the auditor as |! | your fees will be determined by the judge.
Both the documentation of bankruptcy as the of the |! | failed must be retained by the trustee until by |! | a year after meeting the judgment enforceable |! | which declare the definitive stay of proceedings which are |! | concerns article 164.
In the case of the planned final dismissal |! | in article 165, the books and papers of the debtor les |! | they will be delivered in accordance with the provisions in the |! | Article 168 and in relation to the documentation of the |! | bankruptcy applies as provided in the preceding paragraph.
The Superintendent of bankruptcy may authorize the |! | removal of part of this file before that period, |! | even without definitive stay of proceedings, and require |! | certain documents or books are saved by instalments |! | older. You can also empower the Trustees for |! | keep mechanical or photographic reproductions of |! | This documentation in lieu of the original.
In any case, the books may destroy or |! | instruments that say direct or indirect relationship with |! | any matter or proceedings pending.
The Superintendent of bankruptcy may authorize a |! | the Trustees to return the failed party of its |! | books and papers before the final closure to |! | that means the title XI. The provisions of subparagraphs |! | third, fourth, fifth and sixth of this paragraph, be |! | without prejudice to what has the Court |! | competent. "."
(c) disposed of in the number 3, then of the |! | word "trustees" expression "instructions |! |" General"and insert in its replacement the next |! | phrase: "and administrators of the continuation of the |! |" giro instructions";
(d) replace the number 5 with the following: "5. apply to the Trustees and administrators |! |" continuation of the rotation, as a sanction by the |! | failure to comply with the instructions provided with the |! | rules that set, written censure, fines to |! | Prosecutor from one to one hundred units of promotion or suspension |! | up to six months to take in new bankruptcies, |! | agreements or transfers of assets.
The sanctions that apply will be |! | administratively imposed on the offender, prior |! | hearing, founded resolution.
The affected person may claim the resolution that thing |! | suspend temporarily in office to take in new |! | bankruptcy, agreements and transfers of assets, the Court |! | appeals to his home. The |! | claim shall be founded and formulated within ten |! | days from the date of communication of the |! | respective resolution. The Court will give transfer by six |! | days to the Superintendent of bankruptcy, and defeated such |! | term, will issue a ruling at the end of thirty days, |! | without further recourse. The filing of the claim, in |! | this case, will not suspend the effects of the decision.
May also apply, subject to the same |! | procedure, the resolution that apply censorship or |! | fine. The fine must be paid within ten days, |! | counted since the respective resolution is |! | enforceable. The resolution that applies the fine will serve |! | as sufficient enforcement to be collected; "."
(e) be replaced his number 6 by the following: "6. object management accounts in |! |" pursuant to the provisions of article 30.
May also act as a party to this |! | procedure when objection is promoted by |! | the creditors or the failed; "."
(f) replace your number 9 with the following: "9. to inform the Court of the cause |! |" or of the Board of creditors any breach, missing |! | or irregularities observed in the conduct of the |! | respective trustee or administrator of the continuation |! | Giro, and propose, if it considers this necessary, its |! | removal to the judge or its revocation to the Board |! | creditors, bankruptcy, Convention, assignment of property |! | or administration concerned.
The judge, ex officio or at the request of the |! | Superintendent, will know of the removal petition to |! | that referred to in the preceding paragraph, in the form |! | established for the incidents, when people |! | designated incurred serious or repeated failures |! | or in breach of the above-mentioned fines |! | in item 5 of this article or irregularities in |! | relationship with their performance or if they are in notorious |! | insolvency.
The judge, ex officio or at the request of the |! | Superintendent, will suspend the trustee while it |! | handles the incident of removal, when it deems that was |! | It has affected or may affect the right |! | administration of bankruptcy or consider that there are |! | serious presumptions of the existence of the causal |! | invoked for the removal.
Without limiting the foregoing, in any State |! | the bankruptcy, the judge's office may suspend to the |! | trustee of their functions in it, when you consider that |! | the background to merit it.
The failed may intervene as adjuvants and |! | the creditors individually; "."
(g) replace your number 10 by the following: '10. Inform the courts of Justice, when |! | required by these, in matters of its |! | competition; "."
(h) Intercalanse the following numbers 11 and 13 |! | new, from the current 11 and 12 to be numbers 12 and |! | 14, respectively: "11. The records of bankruptcy, |! | continuations of giro, legal agreements and assignments |! | goods in the case of article 246, which will have |! | public, and extend the certifications and |! | copies which may be applicable;
13 receiving, within the exercise of their functions |! | audit, reports to creditors, the |! | failed or interested third parties made against of the |! | performance of the trustee or the administrator of the |! | "continuation of the giro, and".
i) Agreganse following paragraphs second and |! | third, new: "If the Superintendency represents a trustee to |! |" through an oversight, any nursing |! | infringement, lack or irregularity in their performance, the |! | trustee will credit the way in which he has complied |! | their obligations in accordance with the laws, |! | regulations and instructions governing you. When the |! | Superintendent reports to the Court of bankruptcy the |! | infractions, fouls or concerned irregularities |! | above shall apply in article |! | 1698 of the Civil Code.
For the performance of the above functions in |! | This article, the Superintendent will have the same |! | powers that article 37 of the code of |! | Civil procedure gives officials as |! | says. "."
(j) add the following final paragraph: "the Superintendent of bankruptcy must be a |! |" updated information publicly available, to the |! | least once a year, on the number of Trustees to |! | they integrate the national payroll; the number of bankruptcies to |! | each of them have dependants; the number of |! | bankruptcies declared in the year; the number of conventions |! | in force; and other information that is relevant for |! | public knowledge. "."
2. Article 16 be replaced by the following:
"Article 16. Only eligible to be appointed |! | Trustees who have the title of engineer |! | with at least ten semesters of studies or counter |! | auditor or accountant, awarded by |! | State universities or recognized by this or |! | lawyer, who have exercised the profession at least by |! | five years, and that pass the test referred to in the |! | next subsection.
Applicants to join the roster of Trustees |! | they must pass a test of knowledge before the |! | Superintendent of bankruptcy, which must declare |! | date to pay it, at least twice a year.
Trustees comprising payroll must pay |! | a review of knowledge to |! | Superintendent, at a frequency not exceeding three |! | years.
The trustee who fails the examination shall be |! | suspended for taking in new bankruptcy, conventions or |! | transfer of goods, and shall lay it again, inside |! | of the calendar year following, on the date set by the |! | Superintendency for all who are in the |! | same situation. If on that occasion reproaches |! | again, no longer form part of the national payroll |! | of Trustees.
The tests will include common requirements for |! | all applicants or trustees who give it up |! | together at every opportunity. The Superintendent |! | You must declare with due anticipation materials |! | that will include exams. "."
(3.-Artículo 17 a) deleted at its commencement after the |! | word "trustees" phrase: "or integrate Payroll |! |" corresponding".
(b) replaced the number 1 with the following: "1. which have been declared bankrupt, or |! |" found in State of evident insolvency, and the |! | that, within the two years preceding the Declaration |! | bankruptcy of a legal person, may have acted |! | as directors or managers thereof; "."
(c) disposed of in the number 3 the conjunction "and" and |! | replace the comma (,) existing after the |! | word "superior" by a semicolon (;).
(d) replaced the number 4 with the following: "4. that have physical or mental incapacity |! |" "to occupy the post, and".
(e) add the following number 5, new: "5. which have ceased to integrate Payroll |! |" National under the grounds listed in the |! | numbers 3, 4, 5, 6, 7, 8, 10, 11 and 12 of article 22. "."
4 Article 21 bis new added following article 21 new bis: "article 21 bis." The meeting of creditors, in their |! | first regular session, shall agree whether required or not |! | to the trustee a guarantee of faithful performance of his position and, |! | If so, the kind and amount of it.
The trustee must maintain existing warranty |! | While persists its liability. "."
(5.-Artículo 22 a) overridden in your header after the |! | word "trustees" expression "will no longer be |! |" part"with the phrase:"will be excluded".
(b) move the current number 3 as a new number |! | 7, leaving the following number 3, new: "3. by intervening to any title in bankruptcy |! |" that they are not or have been in charge, except the |! | actions that apply to you in your quality of |! | trustee, creditor prior to the bankruptcy, de |! | legal representative in accordance with article 43 of the |! | Civil Code, and the provisions of article 28. The |! | partial delegation of functions established in this |! | last article must be known and approved in the |! | next meeting of creditors; "."
(c) replace the number 4 with the following: "4. for purchasing for Yes or third parties any |! |" class of assets in bankruptcy, agreements or assignments of |! | goods involving as receiver; "."
(d) Insert the following number 5, new, |! | passing the current number 5 to replace the current number |! | 8:
"5. By sell any kind of goods of the |! | bankruptcy or transfers of assets in which to intervene as |! | receiver to your spouse; any legal person that |! | has an economic interest direct or indirect; to the |! | partners or shareholders of companies in which note |! | participation, except those which are |! | registered in the register of securities; people with |! | possessing property in the community, with the exception of the |! | co-owners referred the Nº19.537 law, about |! | Real estate property; their dependents; to the |! | professionals or technicians who provide you with services; and a |! | ascendants and descendants and collaterals by |! | consanguinity or affinity up to the second degree |! | inclusive; "."
(e) Insert the following number 6, new, |! | passing the current number 6 to be number 9 and this be |! | number 12: "6. By providing or obtaining any advantage in |! | bankruptcies or transfers of assets in which to intervene as |! | receiver; "."
(f) eliminate the current number 7;
(g) add the following number 10, new, happening |! | the current number 10 to number 14: '10. Enforceable ruling that rejects the |! | final account which must be presented in accordance to the |! | law; "."
(h) Agreganse the following numbers 11 and 13 new: '11. For repeated infractions that altogether |! | constitute a serious infringement or serious behavior to |! | the legal or regulatory provisions or the |! | instructions that is providing the Superintendency in use of |! | its powers;
13. by failing the examination, for the second time in the |! | "case of the fourth paragraph of article 16, and".
i) Agreganse following paragraphs fourth, fifth |! | and sixth, new: "without prejudice to the cessation of the trustee in the |! |" charge, will survive the obligation to render account of its |! | management, where appropriate, as well as the responsibility |! | civil, criminal and administrative in that there may be |! | incurred.
The trustee which stops early in the post |! | you need to delivery of goods and a history of |! | every bankruptcy, agreement or assignment of property under its |! | Administration or intervention at the new Syndic, |! | within five days from the date on which East |! | latter has assumed.
In the event of failure to comply with this obligation or |! | the pay account of administration, the Court of |! | bankruptcy, ex officio or at the request of any |! | interested, will require compliance with them under the |! | warning referred to in article 238 of the code de |! | Civil procedure, case in which fines them |! | laid down in that provision may reach up to |! | 60 development units, notwithstanding that new |! | Syndic take immediately the goods and |! | a history of bankruptcy, in accordance with articles |! | 94 et seq. of this Act. "."
6.-Article 24 be replaced by the following: "article 24. May not be appointed Trustees of |! | a bankruptcy, agreement or assignment of property: 1. the spouse or relatives up to the fourth |! | degree of consanguinity or second of affinity of the |! | failed or debtor; and of those who have been directors |! | owners or managers of the legal person, in |! | the two years prior to the bankruptcy, proposition de |! | agreement or application for transfer of property;
2. creditors and debtors of the bankrupt or debtor and |! | all those who have a direct or indirect interest in |! | bankruptcy, agreement or assignment of property;
3. the administrators of assets of the bankrupt or |! | debtor who is a natural person and which have |! | had such quality within the previous two years to |! | the Declaration of bankruptcy, agreement or assignment of property, |! | as also the workers of the creditors and |! | debtors of him;
4. those who have challenged the account in any of |! | its bankruptcy, from the moment in which it is insistiere in |! | one or more objections. However, if the objections not |! | they are supported by the favourable opinion of the |! | Superintendent of bankruptcy the trustee may be |! | appointed, and 5. Those who are suspended in accordance to |! | N ° 5 of the article 8 provisions. "."
(7.-Artículo 25 a) Insert, in its paragraph first then |! | the word "substitute", the expression "in accordance |! |" with articles 42 or 44, as appropriate, "."
(b) add in your second paragraph, below |! | of the separate dot (.), which happens to be followed, the |! | next sentence: "the appointed Trustees in |! |" pursuant to this subsection must still assume when the |! | bankruptcy does not have assets or funds for distributing or its |! | final bill approved. "."
(8-Artículo 27 a) replace the comma (,) and the letter "and" by a |! | semicolon (;) at the end of paragraph 21.
(b) Insert the following paragraph 22 new passing |! | the current 22 to 23: "22.-execute the agreements legally adopted |! |" by the meeting of creditors within the scope of its |! | "competition, and".
9.-Article 29 be replaced by the following: 'article 29. The trustee will pay regular |! | provisional accounts of its management to the Board of |! | creditors, in the manner and terms set the |! | Superintendent of bankruptcy in accordance with number 3 |! | of article 8. These deadlines may not be superior to |! | six months.
The statement of the Board of creditors |! | respect of interim accounts shall not prevent object |! | the final count in matters falling under them.
If the trustee does not submit any statement of the |! | provisional accounts referred to in this article, the |! | Superintendent may apply a fine to benefit |! | tax of up to 15 drives development. "."
(10.-Artículo 30 a) move the current item first item |! | 29 as the first paragraph of article 30, with the |! | following modifications:
i) Reemplazanse the words "will present the" by the |! | word "surrender" and delete the phrase "the Board of |! |" creditors".
(ii) disposed of the expression "inside of", add |! | in replacing the preposition "a".
(b) incorporate the current second paragraph of the |! | Article 29 as the second paragraph of article 30;
(c) Agreganse the following third subparagraph and |! | Fourth, new: "the final bill will be presented to the Court, the |! |" that it will order notified by notice. The tribunal |! | It will be a meeting of creditors, which should be mentioned |! | celebrate the 15th next day to your |! | notification. The notice shall contain a summary of the |! | account final e will indicate the place, day and hour of |! | celebration of the respective Board. Together with the |! | presentation of the final account to the Court, the |! | trustee shall forward a copy of it to the |! | Superintendent of bankruptcy.
To have the date set for the meeting, háya is |! | This made or not, the creditors and the failed to not |! | have pronounced in favour of the adoption of the |! | account and the Superintendent of bankruptcy, will benefit from the |! | within thirty working days to object to the account |! | rendered by the trustee. "."
11.-Article 31 be replaced by the following: 'article 31. In the case of which any creditor, the |! | failed or the Superintendence objetaren account, the |! | trustee shall have the term of ten days, counted from |! | the last notification by identity card or the |! | objections, to answer founded the |! | observations. If however the reply, which |! | transfer within ten days will be given to the |! | objectors, any of them insistiere in their |! | objections, the Court will solve in short, previous |! | report of the Superintendent, which shall be |! | evacuated within thirty days. "."
12.-Article 32 to) its heading shall be replaced by the following: 'article 32. The trustee shall cease in his office in the |! | bankruptcy, agreement or assignment of property: "."
(b) replace number 5 the figure "6" by |! | the number "9" and the semicolon (;) must be replaced by a |! | "(comma) and add the comma (,) after the conjunction |! |" and".
(c) replace paragraph 6 with the following: "6. by befall any of the grounds of |! |" disability referred to in paragraphs 1, 2 and 3 of the |! | Article 24. The trustee shall give account to the judge of the |! | cause and to the Superintendent of bankruptcy of the |! | disability that affects you. The breach of the |! | mentioned obligation shall be constitutive of serious misconduct.
Declared the inability by the Court the trustee |! | He shall cease in his position.
The Declaration of disability may not be opposite |! | third parties in good faith. "."
(d) delete the number 7.
13. Article 33 be replaced by the following: 'article 33. The final speaker will have as |! | only remuneration for the performance of their duties the |! | fee determined in the designated form on the |! | next article. This fee shall constitute expenditure of |! | administration of bankruptcy, and through this the |! | trustee must pay the expenses of his office, the |! | compensation of employees, all payment of |! | fees to lawyers, accountants, advisors, any |! | another class of professionals, technicians and providers of |! | services who has contracted for the fulfillment of its |! | role, and the part of the Minister of faith fee a |! | that referred to in article 94, insofar as it exceeds the |! | tariff set for notaries. The above not be |! | apply to expenses included in the 1st paragraph of the |! | Article 111.
Prohibits the trustee perceive the bankruptcy by |! | Yes or by any person, any income |! | In addition to the designated fee, without prejudice of the |! | fees that may apply in accordance to the |! | Article 113, as administrator of the continuation of the |! | turn. "."
14. Article 34, new move current article 34, going to be 35; |! | and add the following article 34, new: "article 34. The only fee referred |! | the previous article will be proportional to the amount of the |! | distributions of funds which are carried out in the bankruptcy, except |! | provisions for the first section in this article, de |! | agreement with the scale expressed in u.f. |! | which is then designated according to their value in pesos to |! | the date of the respective distribution: about the part that exceeds 0 and do not exceed of |! | 2.000 unidades de Fomento, 20.00%.
On the part that exceeds 2,000 and do not exceed |! | Development of 4,000 units, 15.00%.
On the part that exceeds 4,000 and not exceed |! | the 8,000 Unidades de Fomento, 11,00%.
On the part that exceeds 8,000, and do not exceed |! | 16,000 units building, 8.00%.
On the part that exceeds 16,000 and not exceed |! | 32,000 units building, 6.00%.
On the part that exceeds 32,000 and not exceed |! | 64,000 units building, 4.00%.
On the part that exceeds 64,000 and not exceed |! | the 130,000 units of promotion, 3.00%.
On the part that exceeds 130,000 and not exceed |! | 260,000 units building, 2.25%.
On the part that exceed 260,000 and not exceed |! | 520,000 units building, 1.75%.
On the part that exceeds 520,000 and not exceed |! | UF 1,000,000, 1.50%.
On the part that exceeds 1,000,000 units |! | building, 1%.
The first section of the table will be calculated on the |! | When there is no deals or if bankruptcy income |! | by its application to the distributions correspond to the |! | trustee a fee less than 15 units of building, |! | and in this case the fee may not exceed this |! | quantity.
In all funds to the trustee deals |! | effected, shall previously deduct the amount you |! | appropriate fees.
For the calculation of the fee corresponding to the |! | Syndic in each deal, the preceding table applies |! | progressive as described, from the respective |! | stretch. Consequently, for the purposes of the table and |! | determination of the percentage of fee which you |! | corresponds in every deal, it should be considered the |! | total amount distributed in previous deals.
However as provided above, in Board of |! | creditors may agree and set a fee |! | less or greater than that provided for in this article.
For the purposes of according a higher fee |! | to the table, simply vote in favour of each of |! | the creditors who agree to attend the payment of excess |! | at its own expense and only to them shall be responsible for its payment.
These creditors may agree with the trustee the |! | corresponding values and its form of payment, which |! | recorded must be in minutes. The minutes of the |! | respective Board will be enough enforcement for |! | be covered by the trustee to creditors of the |! | the values that are agreed upon. Such minutes shall be signed |! | also by all creditors that have agreed to the |! | increase in fees.
Extraordinary meeting of creditors may |! | authorize the permanent trustee advances which may not |! | exceed ten per cent of income in money |! | cash has been produced up to that bankruptcy |! | time, or twenty-five percent of the fee of |! | the table corresponding to the first two sections, neither |! | of the ten per cent in the following sections. In case |! | any, advances total may exceed thirty |! | and three per cent of the fees corresponding to the |! | trustee. For these purposes, the table of this article |! | shall apply effective income which until that |! | time have occurred in bankruptcy. "."
15. Article 36 shall be replaced by the following: 'article 36. Notwithstanding the provisions in the |! | Article 33 and prior agreement on board |! | extraordinary creditors, the trustee may |! | hire, charged to the expenses of the bankruptcy, |! | natural or legal persons for |! | properly qualified specialized activities like |! | such by the Board.
Specialized activities must relate |! | directly to the care and maintenance of the asset of the |! | failed, the realization of the same and their delivery |! | material. The hiring will be done prior report of the |! | receiver which will contain the foundations thereof, |! | the degree and scope of the activity and the way in which are |! | they will benefit the creditors or to avoid damages to the |! | seized assets.
Only prior arrangement adopted for each case in |! | extraordinary meeting of creditors may seek |! | reports about matters or matters of |! | direct interest for the mass, charged to expenses of |! | the bankruptcy.
The agreements referred to in this article are |! | adopted by creditors representing at least, |! | two-thirds of the liability of bankruptcy, voting |! | and may be challenged by the bankrupt or any of |! | the creditors, founded in that it is a |! | activity included in article 33, inside |! | thirty days of held the extraordinary meeting in which |! | they have been adopted. Objection will not suspend the validity |! | of the agreement and will be processed as incident. The judge |! | you will fail the Superintendency report of |! | Bankruptcy.
Not require the authorization referred to in this |! | article for the person hiring |! | especially technique referred to in number 2 of the |! | Article 94.
The trustee, spouse and their relatives, to the |! | fourth degree of consanguinity or second of affinity, non |! | they may have any participation in the acts or |! | contracts that are executed or held in accordance to |! | This article, as they may not participate as |! | partners, shareholders, employees or consultants of the |! | legal persons who are hired for the |! | activities or reports indicated. This transgression |! | ban will be constitutive of the causal exclusion |! | the national payroll, provided for in paragraph 6 of the |! | Article 22. "."
16.-Article 37 the final dot (.) be replaced by a comma (,) and |! | Add the following sentence: "like the |! |" notifications for warning in these |! | bankruptcy and the notification by identity card referred to in |! | the fifth subparagraph of article 42. "."
17 article 42 Agreganse following paragraphs fourth, fifth and |! | Sixth, new: "for the purposes of designating a syndic and |! |" one Deputy in the ruling which declared bankruptcy, the |! | judge will be mentioned previously, in accordance with provisions |! | in the paragraphs following the three creditors that |! | listed with the major credits in the State of debts |! | presented by the debtor, or to those who would have if they were |! | less, in order to identify the names of the |! | respective, and only these Trustees the Court shall |! | designate in the statement.
The designated creditors will be cited by |! | notification made by card, in which are |! | It will indicate the name of the creditor and his address, also |! | the object of the citation. The Court keep to the |! | turn receiver for this notification, so |! | as soon as receipt of the request for declaration |! | bankruptcy of the debtor. The hearing shall take place within |! | third day of carried out the last notification, the |! | the receiver must practice more take the third |! | day after issued the resolution requiring it. The |! | untimely notice shall not invalidate the hearing |! | designated. The breach of this obligation will be |! | enacted pursuant to the third paragraph of the |! | Article 393 of the organic code of courts. The |! | enjoy rights corresponding to the receiver of the |! | preference that specified in number 4 of article 2472 |! | of the Civil Code.
The audience will take effect with the |! | creditors attending, and in it you will be nominated to the |! | Trustees. If formed more than one creditor, the election |! | shall be made by a majority of the total liabilities with right |! | to vote, in accordance with the amount appearing on the State of |! | debts. If not any creditor, the court appearance |! | He will repeat the procedure with the three for once |! | following creditors, or which would have if they were |! | less. In case that the designated proves impossible de |! | apply, shall be appointed to the trustee by lot, in the |! | which must include the names of all the Trustees |! | enabled to exercise in the jurisdictional territory |! | of the Court. These procedures shall not give rise to |! | incidents, and must resolve the Court of plane |! | any matter that arises and its resolution will not be |! | liable to recourse. "."
18. Article 44 shall be replaced by the following: 'article 44. In the application for a declaration of |! | bankruptcy filed by a creditor be designated the causal |! | that justifies it and the facts of such |! | causal and will accompany documents to prove the |! | Fundamentals of the request or be offered tests |! | that it correspond. In addition, be designated name of the |! | Syndic and the of the alternate trustee, and only a |! | them the Court shall designate in its judgment that |! | declare bankruptcy.
Together with request bankruptcy, the creditor |! | petitioner must include vale view or ballot |! | Bank to the order of the Court for a sum |! | equivalent to one hundred units of promotion, to provide a |! | the initial costs of bankruptcy. That sum will be |! | considered to be a credit of the applicant against |! | of the failed, who will benefit from the established preference in |! | number 4 of the 2472 article of the Civil Code. "."
19.-Article 52 its heading shall be replaced by the following: ' article 52.-without prejudice to the provisions in the |! | " Article 169 of the code of Civil procedure, the |! | final judgement declaring the bankruptcy will contain, |! | In addition: "."
20.-Article 57 following final new subsection be added: "If during the processing of the special appeal of |! |" replacement decretare is the suspension of the procedure |! | or is unlawful order not innovate with subsequent to the |! | seizure of goods, this shall be without prejudice to the |! | trustee to perform all acts of administration |! | necessary for the proper conservation of the asset of the |! | bankruptcy. It will be up to the Court that any |! | Dictation resolve in any verbal hearing |! | difference that arises between the trustee and the |! | petitioner. The trustee may only sell the goods |! | exposed to next deterioration, without prejudice to that with |! | agreement from the debtor, or authorized judicial before the |! | negative of this, you can also sell goods |! | subject to imminent devaluation or wasteful |! | conservation. If the suspension or the order not to innovate |! | is granted prior to the seizure of goods, in the |! | resolution shall be established that the trustee shall act |! | as an auditor, with indication of the powers of |! | He will be holding. The remuneration of the trustee be |! | established in the same resolution and not may be |! | less than 75% not more than the total of the remuneration |! | Manager or legal representative of the failed. In the |! | other cases the Court resolved in conscience. "."
21. Article 80 article 80, be replaced by the following: "article 80. The actions referred to in the |! | two preceding paragraphs will be prescribed within the period of two |! | years from the date of the Act or contract. "."
22. Article 81 shall be replaced by the following: 'article 81. The actions referred to in the |! | two preceding paragraphs shall be handled pursuant to the |! | summary procedure, and may be exercised by the |! | trustee, prior agreement of the Board of creditors, or |! | individually for any of the creditors, in |! | both cases, in the interest of the mass.
The adoption of the agreement to exercise some of |! | the actions concerned, shall not be entitled to vote the |! | creditor in bankruptcy against whom it will exercise |! | the actions, either by itself or by any other person |! | natural or legal to be linked as directly or |! | indirect. Either your credits will be considered for the |! | purposes of determining the quorum referred to in the |! | Article 102.
Creditors who individually engage such |! | actions for the benefit of the mass, shall be entitled, if |! | they question at trial, so they compensated with |! | the bankruptcy of any expenditure revenues and so is |! | pay it the fee for its services, |! | all of which will be the No. 1 preference of the |! | 2472 article of the Civil Code.
In case of loss, they alone bear the |! | expenses and not entitled to remuneration. "."
(23.-Artículo 102 a) replaced its first subparagraph, by the |! | following: "on the boards of creditors concluded |! |" during the trial of bankruptcy will only be entitled to |! | (votar: a) creditors whose credits are recognized, |! | (y b) creditors whose credits are not |! | recognized and which, hugging the procedure |! | provided in the following paragraph, the judge of the |! | bankruptcy recognize them right to vote. "."
Business day, which is Saturday, not immediately |! | prior to the designated for the holding of the meeting, be |! | perform a verbal hearing before the judge of the |! | bankruptcy, in which the trustee will inform you in writing |! | about the likelihood of the existence and amount of |! | appropriations not yet recognized, but which have been |! | checked over by the second business day, that no |! | is Saturday, prior to the date in which the |! | conclusion of the hearing. In this hearing |! | prior to creditors, the judge will resolve only |! | instance and on the basis of background |! | available are which credits not recognized, |! | or not contested, and why amount shall be entitled to vote |! | in that meeting. The judge will appreciate the background in |! | consciousness. The recognition of the right to vote only |! | It will produce effects for the Board in reference and nothing |! | It will limit the freedom of the trustee and creditors |! | to challenge the credit and agreement preferences |! | pursuant to articles 131 et seq., or |! | of the judge to resolve the dispute.
The aforementioned hearing shall be the designated day, |! | at the time that starts the Court. "."
(b) replace the current fourth paragraph, by the |! | Next: "creditors who have been verified, but that |! |" lack of right to vote will have only straight to |! | attend the meeting and written record of |! | his remarks, under his signature, in document is |! | will add to the relevant Act. "."
24.-Article 111 to) replace your subsection first with the following: "at the first ordinary meeting, the trustee must |! |" submit a full report, a program of |! | realization of assets, a plan of payment of liabilities and a |! | estimation of the costs of administration of the |! | bankruptcy. In any case, the administration costs of |! | bankruptcy shall conform to instructions |! | General of the Superintendent of bankruptcy. "."
(b) repeal paragraphs third and final.
25. Article 120
Be inserted between the word "creditor", and the |! | conjunction "and" the expression: "if any,".
(26.-Artículo 148 a) replaced the point apart (.) of the subsection |! | second by a comma (,) and add the following sentence: "except those listed in the next subsection.".
(b) add the following new third subparagraph, |! | passing the third subparagraph to be fourth and thus |! | on: "personal applicant creditor coasts of |! |" bankruptcy, will enjoy the preference of the number 1 of the |! | 2472 article of the Civil Code, and the expenses of the |! | request of the bankruptcy by the debtor shall enjoy of |! | the preference established in number 4 of the article |! | 2472 Civil Code, up to the following limits: the |! | 2% of the credit invoked if this does not exceed 10,000 |! | UF and 1% in what said to exceed |! | value. For these purposes, if the bankruptcy is requested |! | by the debtor himself, and this calls on more than one credit, |! | will be one in which payment has ceased in the first |! | place. The balance, if any, it shall be deemed |! | valista. "."
(c) Agreganse the following penultimate paragraphs and |! | new end: "holders of labor credits benefiting |! |" the preferences of the numbers 5 and 8 of the article |! | 2472 Civil Code can conditionally check |! | their respective credits with the only merit of the |! | presentation of the lawsuit previously |! | bankrupt or with the notice to the trustee of the |! | lawsuit filed subsequent to the Declaration |! | of bankruptcy to the Court, and the Syndic |! | You must reserve sufficient funds for the event that |! | will welcome such claim, without prejudice to payment |! | administrative proceeding.
In the event of bankruptcy, there are unlawful object in the |! | waiver of any amount of the appropriations to be |! | They concern the numbers 5, 6 and 8 of article 2472 of the |! | Civil Code. "."
27. Article 168 Add the following new second subsection: "If the designated requirements is not fulfilled in the |! |" preceding paragraph and not may apply provisions in |! | the second paragraph of article 25, in case of |! | physical or mental incapacity or death of the trustee, the |! | books and papers of the debtor shall be delivered to the |! | Superintendent of bankruptcy. "."
28.-Article 175 to) your number 1, be replaced by the following: "1. that the debtor is subject to the intervention of |! |" a trustee of that part of the payroll |! | National. For this purpose, the judge shall designate to the Syndic |! | holder and the alternate who nominate the resident creditor |! | in Chile that appears with the greatest credit in the State |! | debt presented by the debtor to the Court. For |! | These effects, the clerk of the Court will take care that was |! | notify promptly the indicated creditor, who |! | You must make the nomination in writing to the Court |! | within a period of five days of effected the |! | designated notification. If within this period the |! | creditor does not make the respective nomination, the |! | Court shall notify the resident creditor in Chile than |! | has the second largest credit for the |! | nomination in the expressed form. If thing |! | designated proves impossible to apply, be appointed to the |! | trustee through the draw established in subsection |! | end of article 42. "."
(b) add, following new number 7: "7. the Syndic delivered to court |! |" in third day of practiced that notification |! | points to the previous number, a proposition of |! | fees, respect of whom should the debtor |! | to pronounce by document lodged at the Court, |! | within three days of the proposal formulated. Yes no |! | any agreement, the Court will be mentioned three |! | creditors referred to in the fourth paragraph of the |! | Article 42, the debtor and the trustee to achieve a |! | Agreement, solving the Court ultimately not be |! | It arrangements that agreement. The Court may decree that |! | the time limits referred to in numbers 2, 3, 4, and 5 of this |! | article are extended, the circumstances |! | provided for in this number, extension to in no case |! | exceed 15 days from notification |! | referred to in the previous number. If the trustee or any |! | creditors it has not voted or not concurriere to |! | the citation that formulare Court, you will have by |! | waived in his office or law, as appropriate and the |! | procedure is repeated with the alternate trustee and |! | creditor who follow you in importance to third |! | summoned. "."
29. Article 206 Add the following new second subsection: "Board that rejected the propositions should be |! |" Note the names of a syndic and one |! | alternate, to whom the Court shall designate with the |! | definitive character. May not be appointed for |! | such charges who have been in conformity to the |! | number 1 of article 175. "."
30.-Article 207 to) replace the third subparagraph by the following: "rejected the preventive judicial Convention in |! |" accordance with article preceding or discarded in |! | any of the cases referred to in subparagraphs |! | earlier, the Court shall declare ex officio the |! | bankruptcy of the debtor. "."
(b) add the following final new subsection: "in the cases referred to in subparagraphs and |! |" two of this article, the Court shall proceed to |! | appoint trustees in accordance with the provisions in the |! | Article 42, while may appoint such charges to |! | those who have been appointed as provided in the |! | number 1 of article 175. "."
31. Article 214 Agreganse second subparagraphs following and ultimately |! | New: "the demand for annulment or resolution of the |! |" Convention, the claimant shall designate the name of the trustee |! | holder and the alternate trustee, and only these the |! | Court shall designate in its judgment giving rise to |! | the demand and declare bankruptcy. These designations do not |! | they may fall on those who have served to |! | that referred to in number 1 of article 175.
If it brought more than one request for an annulment or |! | resolution of the Convention, the judge shall appoint the trustee |! | in one of the demands which will accept. "."
32. Article 222 replace your subsection first with the following: "declared bankruptcy, the creditors Board may |! |" making complaint and any creditor may be |! | a complaint or file a criminal complaint if he considers that |! | Configure any of the facts provided in the |! | articles 219, 220 and 221. "."
33. Article 246 insert, number 1, then of the |! | expression "custodian," the following phrase: "in the |! |" as provided in article 42, "."
34. Article 251 add the following second paragraph again, passing |! | the current subsection second to be final paragraph: "prior to the enactment of the sentence are |! |" shall be designated in accordance with article 42, to the |! | trustee owner and to the trustee alternate, failing |! | put these appointments who have exercised |! | the fee referred to in article 246. "."