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Setting An Individual Insolvency

Original Language Title: Asetus yksityishenkilön velkajärjestelystä

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Regulation on the liability regime for private individuals

See the copyright notice Conditions of use .

The presentation of the Minister of Justice is governed by the Law of 25 January 1993 on the debt regime of a private person (57/93) § 51 Pursuant to paragraph 2 and Article 88:

ARTICLE 1
Application forms

General sub-rights shall keep the forms set out in the formula established by the Ministry of Justice for the application of the debt facility and for the proposal for a payment programme, free of charge.

ARTICLE 2
Annexes to the application

The debtor's application for debt relief shall be accompanied by:

(1) copies of the tax certificates of the debtor and of adult persons residing in the same household for the last three years;

(2) a salary certificate for the employer of the debtor and his/her spouse, showing the income accruing from the previous and current calendar year and the remuneration for the last month of pay;

3) a copy of the decision or other document showing the pension of the debtor and his/her spouse, unemployment allowance or training aid, sickness insurance benefit, maternity allowance or other daily allowance, child care allowance, housing allowance, study aid or Other benefit and duration of the benefit;

(4) the statement of results of the trader and his/her spouse's income and other entrepreneurial income, drawn up on a form according to the formula established;

(5) written declaration or other document from the payer showing the income of the debtor and his/her spouse other than those referred to in points 2 to 4;

(6) a copy of the documents proving the amount of rent, consideration and other living expenses;

(7) a copy of the decision of the court or an agreement concerning maintenance payments to the child of the debtor and a statement of the amount of maintenance;

(8) a copy of the supporting document or other document showing the outstanding amount of the debt, excluding debts of less than EUR 340, and copies of commitments for the deposit; (2001/1029)

(9) in the case of shares, interests and residence rights of the apartment and other significant assets, a copy of the document showing the holding of the debtor;

(10) a written explanation of the basis of the estimates of the assets included in the debtor's application; and

(11) a written report on sickness, unemployment, disability or any other change in circumstances relevant to the application.

The debtor shall have the right to obtain, free of charge, the tax certificates referred to in paragraph 1 (1) for the purpose of connection with the application for debt restructuring. (30/04/2013)

ARTICLE 3 (24.1.1997/64)
Surveys on business activities

In addition, the business or self-employed person engaged in a business activity must attach to the application copies of the notice of initiation and of the last financial statements. In the case of an open company or a commandiite company, a member of a company responsible for carrying out its application must include copies of the company's trade register and final financial statements, as well as the financial statements of the company's financial statements. Situation. A debtor who carries out a business as a shareholder in the management of a limited liability company must attach copies of his application to the company's trade register and final financial statements.

A debtor who has carried out an economic activity and who has more than a few liabilities in the course of economic activity under the debt facility must include in its application the following explanations:

(1) a written report on the form, scope and extent of the activity and the ownership of the undertaking over the last three years of operation;

(2) a written explanation of the termination of the economic activity and the reasons therefor;

(3) for the three years preceding the end of the activity, copies of the financial statements, a written statement of the economic performance of the activities and a statement of the amount of the private credit and the remuneration paid to the debtor and his family members; Or, if the explanation cannot be presented, the reason for it; and

(4) a written explanation of the extent to which the liabilities related to the economic activity of the debtor have been carried out after the end of the operation and, during that period, the performance has been carried out.

In addition to the studies referred to in Article 1 (1), the private economic activity or self-employed person applying for business activities shall, in addition to the studies referred to in Article 1 (1), attach to its application the following explanations or indicate: Reason why the report cannot be presented in some respects:

(1) a copy of the last two financial statements for the last two financial years and, if more than four months have elapsed since the end of the last financial year, a copy of the interim financial statement, which shall not be three months older;

(2) a written explanation of the extent of the activity, the economic result and the main reasons for the financial difficulties, as well as an explanation of the amount of the private credit and the remuneration paid to the debtor and his family members; and

(3) a statement by the auditor or other reliable expert approved by the Chamber of Commerce on the matters referred to in Article 3a.

(30/04/2013)

If the debtor has no accounting law (136/1997) The obligation to draw up an annual accounts, the application may be accompanied by an explanation of the taxation provided, or, in so far as the tax has not yet been submitted, the tax declaration and the annexes. Instead of the immediate decision, the debtor may attach to the application a statement based on the revenue and expenditure of the economy after the tax or tax return provided. (30/04/2013)

§ 3a (30/04/2013)
Expert report

The report referred to in Article 3 (3) (3) shall include:

(1) Opinion on the most recent annual accounts, or its replacement tax information, annexed to the application and the mid-term review;

(2) an opinion on the viability of the business and the factors to be taken into account in the assessment of the financial position of the debtor; and

(3) to the extent necessary, information on other aspects which may be relevant for the assessment of the (187/1993) The additional conditions for the opening of the debt facility referred to in Articles 45 and 45a and the strengthening of the payment programme referred to in Article 46a.

§ 4
Surveys on the property

In the case of a property owned by the borrower, the court or tribunal shall obtain a certificate of burden and a certificate of law or a certified copy of the law on the law of the law. The corresponding information shall be obtained from the rental right or other access to the obligor of another property.

§ 5
Submission of the annexes to the application

At the request of the creditor, the court shall provide the creditor with copies of the documents attached to the debtor's application.

ARTICLE 6
Output provisions

Once the payment programme has been established, the bailiff shall inform the relevant registry authority of the lapsing of the measurement.

If the debtor is the debtor of the debtor (57/93) § 41 , shall pay the creditors, in full or in part, to the bailiff, the debtor shall pay the fees to the creditors, in accordance with the provisions laid down in the Act and the Regulation. However, the bailiff may suspend payment of the fees to the creditors for a maximum period of three months.

The debtor's financial compensation shall be given to the debtor in accordance with the (468/78) Of the debtor receipt.

The debtor is not obliged to carry out an enforcement order in accordance with (161/85) For the purposes of the performance of the duties assigned to the bailiff to the bailiff.

See: Output arch 17/11/2007 .A from the charge of the State 468/1978 Has been abrogated with the repeal of the Act on the State Recovery of the State 1021/2006 . A out of exit charges 161/1985 Has been abrogated with A out of exit charges 35/1995 .

§ 6a (30/04/2013)
Ignoring the low-share share

Where more than one creditors are creditors, the payment programme may leave without any straight-line debt to which the cumulative share would be less than EUR 50. Such debts may also be waived when the payment programme is amended.

§ 6b (2001/1029)
Ignoring the unguaranteed creditor

Where the debt facility is subject to a liability referred to in Article 28a of the Act on the debt regime of a private person to a trader who has not been able to reach, the debt may be waived without taking into account the payment scheme if the amount of the debt is below 1 700 Euro.

§ 6c (30.12.2002/1275)

Article 6c has been repealed by A 30.12.2002/1275 .

§ 7
Register of debt and its intended use

The Legal Register Centre shall maintain the register of debt arrangements by means of automated data processing in order to safeguard the execution of the debtor's payment programme and to prevent the debt burden exceeding his/her ability to pay. To establish the conditions for statistical and research activities. (24.1.1997/64)

The Court records the information directly in the register, as specified by the Ministry of Justice.

§ 8
Information content of the restructuring register

The Court of Justice shall enter into a register without delay, as specified by the Ministry of Justice:

1) the debtor's name, personal identification number, contact details and domicile;

(2) the court and its contact details and the identity of the case;

3) the applicant and his contact details;

4) on the handling of the debt arrangement:

(a) the date of initiation of the application;

(b) the rejection of the application or any other solution at the end of the proceedings before the Court;

(c) the start of the debt facility;

(d) the establishment of a payment programme and, where appropriate, the start and end date of the programme separately for ordinary debt and guarantee liabilities;

(e) the expiry of the payment programme;

(f) modification of the payment programme and the date of expiry of the programme;

(g) information on the appeal;

(h) name and contact details of the liquidator; and

(i) other relevant information, as determined by the Ministry of Justice.

(24.1.1997/64)

If the payment scheme falls under Article 47 of the Act on the Debt Arrangement of a private person, the entry shall be made by the court in which the company's restructuring proceedings are pending.

§ 9 (24.1.1997/64)
Removal from the register

Data on the register shall be deleted from the register and the information on the liability regime after:

(1) the duration of the payment programme is completed;

(2) a maximum of six months have elapsed since the settlement of the debt arrangement has been terminated by a non-application court; or

(3) two years have elapsed since the application has been rejected or the payment programme has been ordered to lapse.

The correction of the error shall apply to: Article 15 of the Treaty (471/1987) Provides.

The central repository shall archive the deleted data from the iou.

Personal registration L 471/1987 Has been repealed by L 52/1999 , see Personal Data L 523/1999 § 29 .

ARTICLE 10 (24.1.1997/64)
Identification of personal data

For the purposes of the certificates in the debt-making register, personal data may be disclosed by means of a technical service or as a mass recording within the meaning of the register of persons. The authorisation may be entrusted to the courts with regard to the tasks of the debt arrangement, the enforcement and enforcement tasks of the enforcement, tax, police or other authorities, as well as to the credit agencies for the purpose of keeping a credit repository.

The authorisation to obtain information through a technical service can also be given to the person in need of information for the purpose of granting and monitoring credit.

ARTICLE 11
Entry into force

This Regulation shall enter into force on 8 February 1993.

Entry into force and application of amending acts:

31.1.1995/115:

This Regulation shall enter into force on 15 February 1995.

24.1.1997/64:

This Regulation shall enter into force on 1 February 1997.

22.11.2001/1029:

This Regulation shall enter into force on 1 January 2002.

ON 30 DECEMBER 2002,

This Regulation shall enter into force on 1 January 2003.

30.12.2014/137:

This Regulation shall enter into force on 1 January 2015.