The Remuneration Of The Insolvency Administrator, On Compensation Of Its Cash Expenses

Original Language Title: o odměně insolvenčního správce, o náhradách jeho hotových výdajů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=65194&nr=313~2F2007~20Sb.&ft=txt

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.