313/2007 Sb.
DECREE
of 22 March. November 2007
the remuneration of the insolvency administrator, on compensation, on its cash expenses
remuneration of members and alternate members of the creditor committee and on compensation for their
the necessary expenses
488/2012: Sb.
398/2013: Sb.
The Ministry of Justice provides under section 431 (b). (c)), and (d)) of law No.
182/2006 Coll. on bankruptcy and the ways of its solution (insolvency law):
§ 1
The remuneration of the insolvency administrator in bankruptcy
(1) if there is a way to solve the debtor's bankruptcy bankruptcy, the reward
the total remuneration of the insolvency administrator designated pursuant to paragraph 2 and paragraph
3. for the purposes of calculating the remuneration referred to in the first sentence includes the proceeds of the liquidation of the
intended for release of creditors and the amount attributable to the remuneration of the insolvency
administrator.
(2) the remuneration of the insolvency practitioner determined from the proceeds of realisation
the individual subject of collateral makes the amounts intended to release
creditors, whose claims that the subject was provided
+------------------------------------+------------------------------------+
| from 0-1 miles. Kč | 9 % |
+------------------------------------+------------------------------------+
| from 1 million. And $10 million. EUR | 90 000 € + 4% |
| | of the amount in excess of 1 million. EUR |
+------------------------------------+------------------------------------+
| from 10 miles away. And $50 million. EUR | 450 000 € + 3% |
| | of the amount in excess of 10 million. EUR |
+------------------------------------+------------------------------------+
| from 50 miles. And $500 million. EUR | 1 650 000 CZK + 2% |
| | of the amount in excess of 50 miles. EUR |
+------------------------------------+------------------------------------+
| from 500 miles. Kč | 10 650 000 € + 1% |
| | of the amount in excess of 500 miles. CZK. |
+------------------------------------+------------------------------------+
For the purpose of this order is for an individual security and
functional unit consisting of a set of goods, rights or assets.
(3) the remuneration specified from the proceeds intended for distribution among the
unsecured creditors for the proceeds of the
+------------------------------------+------------------------------------+
| from 0 to 500 thousand. Kč | 25 % |
+------------------------------------+------------------------------------+
| from 500 thousand. And $1 million. EUR | 125 000 CZK + 20% |
| | of the amount in excess of 500 thousand. EUR |
+------------------------------------+------------------------------------+
| from 1 million. within 5 miles. Kč | 225 USD + 15% |
| | of the amount in excess of 1 million. EUR |
+------------------------------------+------------------------------------+
| from 5 miles. within 10 miles. EUR | 825 000 + 13% |
| | of the amount in excess of 5 million. EUR |
+------------------------------------+------------------------------------+
| from 10 miles away. up to 50 miles. EUR | 1 475 000 € + 10% |
| | of the amount in excess of 10 million. EUR |
+------------------------------------+------------------------------------+
| from 50 miles. up to 100 miles. EUR | 5 475 000 € + 5% |
| | of the amount in excess of 50 miles. EUR |
+------------------------------------+------------------------------------+
| from 100 million. up to 250 miles. EUR | 7 975 000 € + 1% |
| | of the amount in excess of 100 miles. EUR |
+------------------------------------+------------------------------------+
| from 250 million. Kč | 9 475 000 CZK + 0.5% |
| | of the amount in excess of 250 million. CZK. |
+------------------------------------+------------------------------------+
(4) for the purpose of this order is to split the proceeds of monetization
among the unsecured creditors means the proceeds of the liquidation of the intended for distribution
among the unsecured creditors included in the timesheet and the proceeds of the liquidation of the
designed to meet the claims of unsecured creditors based on
assimilated receivables from the essence.
(5) if there is a way to solve the debtor's bankruptcy bankruptcy, the reward
the insolvency practitioner at least 45 000 CZK.
§ 2
The remuneration of the insolvency administrator during the reorganization
The remuneration of the insolvency administrator during the reorganization if it is in a way a solution
the debtor's bankruptcy reorganization and approves a creditors ' meeting is
the consent of the insolvency administrator to another level of remuneration is a matter for the insolvency
Administrators for each commenced month
and in the first year after) the decision to allow the reorganization of remuneration which is
set of twelve times the average monthly turnover in the last
the accounting period preceding the insolvency of the draft, and
(b)) in the following years the duration of the reorganisation of the reward, which is
set of twelve times the average monthly turnover for the accounting
period of the previous year of reorganization:
When the turnover
+------------------------------------+----------------+
| from 0 to 100 miles. Kč | 33 EUR |
+------------------------------------+----------------+
| from 100 million. And $250 million. EUR | 83 EUR |
+------------------------------------+----------------+
| from 250 million. And $500 million. EUR | 166 EUR |
+------------------------------------+----------------+
| from 500 miles. And $750 million. EUR | 249 EUR |
+------------------------------------+----------------+
| from 750 million. And $1 billion. EUR | 332 000 € |
+------------------------------------+----------------+
| over 1 billion. Kč | 415 000 €. |
+------------------------------------+----------------+
§ 2a
If there is a way to solve the debtor's bankruptcy bankruptcy or reorganization,
belongs to the insolvency practitioner to further reward the number of revised
applications of creditors ' claims, which shall be examined for each
the application to the lender's claims the amount of Czk 1 000 but not more than 1 000 000
CZK total for revised claims. For the examined
the application to the lender's claims will be considered such an application for accounts receivable
the lender, which the official receiver to your list of subscribed
claims under the Insolvency Act. If there is a way to solve
the debtor's bankruptcy bankruptcy and avoid a monetization, belongs to the
the insolvency practitioner remuneration from the number of applications reviewed by the claims
creditors at least 45 000 CZK.
§ 3
The remuneration of the insolvency administrator in debt relief
If there is a way to solve the debtor's bankruptcy debt relief, the reward
the insolvency practitioner
and debt relief) in the realisation of the estate the amount designated pursuant to section
1, but at least 45 000 Eur,
(b)) when debt relief by completing the payment schedule $750 in the case of
debt relief that is allowed on the basis of a joint application of spouses 1 125 Eur per
each started calendar month from the decision to allow debt relief to
the end of the performance of the payment schedule,
(c)) at debt relief by completing the payment schedule in which to
realisation of assets used to ensure £ 750 and in the case of debt relief
permitted on the basis of a joint application of spouses 1 125 Eur per each
even incomplete calendar month from the decision to allow debt relief to
the end of the performance of the payment schedule and the amount designated pursuant to § 1 (1).
2.
§ 4
(1) if there is a conversion of reorganization in bankruptcy, the reward
the insolvency administrator of the amount designated pursuant to § 1, but at least the amount of the
determined in accordance with section 2. The provisions of § 2a shall remain unaffected.
(2) if there is a cancellation of the approved debt relief and the decision on
the solution of the debtor's bankruptcy bankruptcy, the remuneration of the insolvency administrator
the amount determined under paragraph 1, but at least the amount designated under section 3.
§ 5
If you cannot determine the reward according to § 1 to 4, shall decide on the amount of remuneration
the insolvency court, taking into account, in particular, to the length of time, scope and
performance of the activities of the insolvency administrator.
§ 6
(1) if in the insolvency proceedings of the illuminating more of the insolvency administrators,
the representative of the insolvency administrator, separate insolvency practitioner, special
the insolvency practitioner or the provisional administrator, belongs to each of them the share of
the remuneration corresponding to the length of time, in particular, the scope and complexity of their
activity.
(2) Classified the claims to the list of registered claims
more insolvency administrators, then it belongs to each of them
and under section 2a) reward, but not exceeding the amount of € 1 000 000 from the share
the corresponding number of applications included in the list it claims
registered claims, or
(b)) share of the remuneration referred to in paragraph 2a sentence last for the number of applications
It claims included in the list of registered claims.
§ 7
The amount of reimbursement of cash expenses of the insolvency administrator
(1) the amount of the refund of travel expenses shall be governed by special legal
regulations.
(2) the postage, telecommunications fees, the cost of the copies and photocopies with
paid in the amount of proven, up to 5% of the salary of the insolvency
the administrator designated pursuant to this order.
(3) other cash expenses shall be reimbursed in the amount of proven, but not in the
the amount corresponding to the price of the usual at the time and place of the application of these finished
expenditure.
(4) the insolvency practitioner belongs in connection with the performance of its activities
in fulfilment of the rescheduling of the debt relief refund cash expenditures in the
the amount of $150, and in the case of debt relief that is allowed on the basis of the common
design-$ 225 for spouses each started calendar month from the decision
about how to enable the completion of the implementation of the debt relief payment schedule.
(5) the creditors ' Committee may agree with the insolvency administrator
compensation for some cash expenditures in the flat-rate amount in other ways
the bankruptcy solution.
§ 8
Payment of remuneration and the reimbursement of cash expenses of the insolvency administrator of the State
(1) if the remuneration of the insolvency administrator to reimburse all or part of the
the estate or from the backup to the costs of the insolvency proceedings,
paid by the State to the extent that they cannot be recovered from these sources,
but not more than 50 000 CZK.
(2) If you cannot pay the cash expenses of the insolvency administrator in whole or
partly paid from the estate or from backup to the cost
insolvency proceedings, paid by the State to the extent that they cannot be
of these sources, but not more than 50 000 CZK.
(3) in the case where the remuneration of the insolvency administrator and the finished
expenditure borne by the State, the following amounts shall be paid by the insolvency court.
§ 9
Remuneration of members and alternate members of the creditor committee and compensation for their necessary
expenditure
(1) remuneration of members and alternate members of the creditor committee determines the insolvency court
in particular, taking into account the length of time the scope and complexity of executing
activities, so that the total amount of remuneration of all the members and alternate members
a creditors Committee was not more than 5% of the salary of the insolvency administrator
designated pursuant to this order.
(2) the amount of the refund of travel expenses shall be governed by special legal
regulations.
(3) the postage, telecommunications fees, the cost of the copies and photocopies with
paid in the amount of proven, up to 5% of the salary of the insolvency
administrator.
(4) other necessary expenses shall be reimbursed in the amount of proven, but not in the
the amount corresponding to the price of the common at the time and place of the application of such necessary
expenditure.
§ 10
The effectiveness of the
This Decree shall enter into force on 1 January 2000. January 1, 2008.
Minister:
JUDr. Pacheco v. r.
Selected provisions of the novel
Article. (II) Decree No. 488/2012 Coll.
Transitional provision
In accordance with Decree No. 313/2007 Coll., in the version in force before the date of application
the effectiveness of this Ordinance, shall be treated in insolvency proceedings
instituted before the effective date of this order, if the date of
entry into force of this order has already been issued the decision about how to
the bankruptcy solution.
Article. (II) Decree No. 398/2013 Coll.
Transitional provisions
1. In insolvency proceedings initiated before the date of entry into force of this
the Decree shall be treated in accordance with Decree No. 313/2007 Coll., in the version in force
to the effective date of this order, if the effective date of
This order has already been issued the decision about how to resolve the decline.
2. In insolvency proceedings initiated before the date of entry into force of this
the Decree shall belong to the insolvency practitioner remuneration under section 2a of the Ordinance No.
313/2007 Coll., in the version in force from the date of entry into force of this order,
If the effective date of this Ordinance not to review
applications for claims under the Insolvency Act insolvency administrator.
