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The Law On Payment Of Creditors

Original Language Title: Laki velkojien maksunsaantijärjestyksestä

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Law on the order of creditors of creditors

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Scope of law

According to this law, the order in which the creditors are paid in bankruptcy or in foreclery is determined by this law when the debtor's assets are not sufficient for the payment of all claims.

The claim shall be payable on the property of the registered vessel, registered aircraft, registered aircraft or car or any other person, whether or not placed in a fixed position. Car anchorage law (10/72) , before any other claim is made in that order and in the manner specified therein.

The costs arising from the implementation of the enforced implementation and the purchase price of the property subject to coercion or the selling price thereof shall be determined separately.

ARTICLE 2
Equal rights for creditors to receive payment

Where the funds allocated to enforcement are not sufficient for the payment of all claims, creditors shall have equal access to payment of these funds in proportion to the size of their claims, unless otherwise specified below or separately.

ARTICLE 3
The privilege generated by the right to hold and arrest

A person who has a lien on movable property, other than those referred to in Article 1 (2), or the right to detention in the property under his control shall be entitled to a payment from the object of the right to claim or arrest before any other claim. The same shall also apply to the interest rate of the claim for a period not exceeding three years prior to the date on which the bankruptcy started or foreclosed, in the event of bankruptcy and in the case of liquidation until the date on which the interest rate is calculated.

Article 5 provides for the privilege of the business mortgage.

§ 3a (6 NOVEMBER 1998/99)
The privilege of the claim arising from the restructuring of the undertaking

As regards the status of the claim that arose between the commencing and the cessation of the restructuring process, Article 32 of the Treaty In the event of bankruptcy, which commenced at the date referred to in paragraph 2. Under Article 87 (5) of the Law on the privileges of the liquidator and the administrator and the entitlement to compensation in the event of bankruptcy and reparation.

§ 4
Maintenance allowance

If the debtor is bound by a judgment or a social security law (710/1982) § 6 By means of an agreement, by means of an agreement by a multi-member institution designated by the municipality, by means of a periodic commitment to support child maintenance, in the event of bankruptcy, a kind of maintenance claim and child maintenance (1998) Shall be carried out after the claims referred to in Article 3 and 3a. In the case of an exit, the same privilege is available before the forecluse is available on the basis of the maintenance payments due. The distribution of the accumulated settlement between the claim of a child eligible for maintenance and the municipality's retroactive claim is in force as laid down in the law on maintenance. (20.2.2004)

The provisions of paragraph 1 shall also apply to compensation for damages in respect of which a person is obliged to pay the child (412/74) Section 4 of Chapter 5 Based on. (28.6.1993/611)

Maintenance period 671/1998 Has been repealed by Maintenance Support 580/2008 .

§ 5
The privilege of a business mortgage

For the way in which the collateral is secured by the (18/04/1984) , shall be distributed in the event of bankruptcy by 50 % of the value of the assets fixed after the claims referred to in Articles 3, 3a and 4 have been completed. The payment of the balance shall be paid in accordance with the criterion set out in Article 2, subject to Article 6 (1) (1). (6 NOVEMBER 1998/99)

The amount referred to in paragraph 1 shall be conferred on the property in accordance with this Article in respect of the full value of the immovable property.

In addition to the capital of the debit note, the privilege of the company mortgage is also placed on the deposit book at a rate not exceeding three years before the date on which the bankruptcy started or foreclosed, until the date specified in Article 3 (1); and The collection costs mentioned in the deposit.

The mutual interest of business mortgages is governed by Article 8 (2) of the Merger Act.

ARTICLE 6
Last claims receivable

The last shall be:

(1) for the period after the beginning of the bankruptcy, an interest rate and a penalty for late payment, which is not covered by the privilege;

(2) the excess charge, the breach of competition, the amount of money lost, and any other similar public-law payment for the offence or unlawful conduct, but not the criminal law; (39/1889) The increase in the amount of the fine or periodic penalty payment or penalty payment imposed in the event of an infringement of the tax or insuring or other equivalent provisions laid down in Article 3 (1); (22/05/2015)

L to 22/2015 Paragraph 2 shall enter into force at the time of the adoption of the law. The previous wording reads:

(2) the excess charge, the breach of competition, the amount of money lost, and any other similar public-law payment for the offence or unlawful conduct, but not the criminal law; (39/1889) § 3 of Chapter 2a The amount of the fine and periodic penalty payment fixed in accordance with paragraph 1, as well as the increase in the tax or payment due to the imposition of a tax or insurance obligation or other equivalent provisions;

(3) a claim based on the issuance of a bond by the debtor if the beneficiary of the loan is subordinated to a subordinated loan to other commitments of the issuer;

(4) a claim on the basis of a loan whose principal and interest and any other credit claim, under the terms of the loan, is to be paid in the event of liquidation of the undertaking and, in the event of bankruptcy, only by subordinated debt to all other creditors;

(5) gift licensing law; (625/1947) Shall be obtained;

Paragraph 6 is repealed by L 15.6.2007/712 .

(7) In the event of bankruptcy, other estate liabilities other than the succession (40/1965) Chapter 18, Section 5 For the purpose of clearing and settlement.

(20.8.2004)

The right of mutual benefit is determined by the numerical order of the paragraphs. The same right shall be provided for in the same paragraph, unless otherwise agreed for the claims referred to in paragraph 1 (4).

§ 7
Entry into force:

This Act shall enter into force on 1 January 1993.

This law will repeal:

(1) the preliminary draft regulation of 9 November 1868 and its subsequent amendments;

(2) Law of 15 October 1937 of 15 October 1937 on the privileges of municipal and church taxes paid on the basis of income derived from the property (167/70) ;

(3) the marriage law of 13 June 1929 (234/29) § 57;

4) of 29 April 1966 on land rent (258/66);

(5) Room lessee of 10 July 1987 (653/87) Articles 102 and 125; and

(6) the Law of 16 July 1990 on residence (650/90) .

§ 8
Application of the previous law

In the event of bankruptcy before the entry into force of this Act, the provisions of the preceding paragraph shall continue to apply. In the case of an outlet, the earlier provisions shall apply to the claims on which the property was foreclosed before the entry into force of this Act, as well as the claims on which the creditor is entitled, if he or she has been born, to require payment of the property of the deceased. And assets foreclosed from the other debt before the entry into force of this Act.

The provisions referred to in Article 7 (2) (4) to (6) shall apply if the right to arrest in the assets of the debtor has been established before the entry into force of this Act.

§ 9
Transitional provisions

In the event of bankruptcy or forecluse being delivered before 1 January 1995, the corresponding privilege shall be:

(1) the employee's employment relationship in the final and final year of remuneration; and

(2) in the case of an employee who has remained in the custody of the employer who, in the course of the maintenance activities of the employer, who, in agreement with the worker, has separated from his or her salary or pension; Payment of certain charges.

By way of derogation from Article 5 (1), if the bankruptcy starts before 1 January 1995, by way of derogation from Article 5 (1), 60 % of the value of the property affixed after the date of application of Articles 3 and 4 The outstanding claims have been made.

If the bankruptcy starts before 1 January 2011, Section 4 of the bankruptcy shall be:

(1) the amount of the pension referred to in Article 5 of the Maintenance Act; and

(2) the beneficiary of the pension fund in the form of a beneficiary of the pension scheme; (1774/95) The pension liability arising from the additional voluntary benefits in so far as this claim is not obtained from the collateral provided by the collateral.

(29.12.1995-1776) THEY 181/92 , LaVM

Entry into force and application of amending acts:

28.6.1993/611:

This Act shall enter into force on 1 July 1993.

THEY 79/93 , LaVM 11/93

29.12.1995/1776:

This Act shall enter into force on 1 January 1996.

THEY 187/95 , THEY 188/95 , StVM 28/95, EV 177/95

21.8.1998/6741:

This Act shall enter into force on 1 January 1999.

The provisions in force at the time of entry into force of the Act prior to the entry into force of the Act shall apply. After the entry into force of the law, a preference will be given to maintenance obligations which are due to be due in the last year before the law enters into force. The privilege of such a claim will expire by the end of 1999.

THEY 128/1997 , LaVM 4/1998, EV 83/1998

6.11.1998/ 795

This Act shall enter into force on 1 January 1999.

The provisions of this Act shall not apply if the decision to initiate the restructuring proceedings has been taken before the law enters into force.

THEY 68/1998 , LaVM 8/1998, EV 105/1998

23.12.1998-1098:

This Act shall enter into force on 1 January 1999.

THEY 263/1998 , LaVM 21/1998, EV 227/1998

9.8.2002/678:

This Act shall enter into force on 1 October 2002.

THEY 218/2001 , LaVM 9/2002, EV 72/2002

20.2.2004:

This Act shall enter into force on 1 September 2004.

If the bankruptcy has started before the law enters into force, the provisions in force at the time of entry into force of this Act shall apply.

THEY 26/2003 , LaVM 6/2003, EV 113/2003

20.08.2004:

This Act shall enter into force on 1 November 2004.

This law shall not apply if the deceased is dead before the law enters into force.

THEY 14/2004 , LaVM 6/2004, EV 100/2004

15.6.2007/712:

This Act shall enter into force on 1 January 2008.

THEY 83/2006 , LaVM 26/2006 EV 275/2006

22.5.2015/67:

This Act shall enter into force on the same day as the fine and the law on the imposition of fines. (18/04/2010) .

THEY 293/2014 , LaVM 32/2014, EV 347/2014