Setting An Individual Insolvency

Original Language Title: Asetus yksityishenkilön velkajärjestelystä

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Presentation by the Minister of Justice provides for the organisation of the debts of the law of 25 January 1993 (57/93) the first subparagraph of article 51 and in accordance with article 88 section 1 of the application forms, the General district courts: must be kept in accordance with a formula to be determined by the Ministry of Justice of the forms for applying for and payment of debt program proposal for those who need it, free of charge.

the annexes to the application of article 2 of the debtor's debt arrangements should be attached to the application: 1) copies of the debtor and those living in the same household full-aged persons tax certificates for the last three years;
2 the employer of the debtor and his spouse), salary certificate, indicating the salary intake for the previous and the current calendar year, as well as of the last pay period in the month of pay;
3) a copy of the decision or from the rest of the document, indicating the spouse of the debtor and his pension, unemployment benefit, health insurance and training support for the money or the daily allowance, maternity or other allowance, children's allowance, housing benefit, student financial aid or other benefits, as well as the duration of a benefit;
drawn up on a form corresponding to the model laid down for 4) the trader's statement of the debtor's income and her husband farmer and the rest of the entrepreneur;
a written statement issued by the payer of 5) or other document showing the borrower and his/her spouse other than the revenue referred to in paragraphs 2 to 4;
6 a copy of rent, remuneration and other) housing subject to the amount of costs;
7) a copy of the ruling of the Court of Justice or the agreement that applies to the debtor for the child-side maintenance, and an explanation of the amount of maintenance;
8) a copy of the voucher or other document showing the amount of the debt remaining, however, is not less than 340 euro liabilities, as well as copies of panttausta on commitments; (on 22 November 2001/1029) 9) to manage the shares, units of the apartment and the right of residence, as well as other significant wealth for a copy of the document, indicating the ownership of the debtor;
10) written information on the debtor's application are included in the estimates are based on the values of the assets; as well as 11) a written report of an illness, unemployment, disability, or any other change in circumstances, that is relevant to the application.
The debtor has the right to obtain the certificates referred to in paragraph 1 of the tax free debt settlement for connecting to the application. (30.12.2014/1379) 3 section (24.1.1997/64), the reports relating to the Business activities of the company engaged in the business of private corporations or of a self-employed person shall, in addition to attach to his application a copy of the Declaration of economic activity and of the last statements. Open the company or limited partnership the company personally's should be attached to the application a copy of the company's registration statement, and the last statement of the accounting documents as well as the auditor of the company's financial situation. The debtor engaged in professional activities in the stock as being part of the management of a company as a shareholder, should be attached to the application a copy of the company's registration statement and final accounting documents.
The debtor, who has been engaged in economic activity and which is covered by the arrangement of debt debts incurred in the course of more than a little, should be attached to the application of the following studies: 1 a written report to the company in the form of the action) and the scale of the operation, as well as the company's ownership in the past three years;
2. a written report of the end of business) of the reasons for it;
3 the end of the edeltäneiltä in the past three years, a copy of) the accounting documents, the written statement of the amount of the financial performance and an explanation of the operation of the yksityisottojen and the wages paid to the debtor and his family members, or, if the report is to some extent can be presented, the reason for it; as well as 4) written explanation of how much the business of the debtor, the creditor is related to the operation after the end of the period of contributions is performed and I was.
Economic activities, private corporations, or of a self-employed person, who applies for business-related liabilities, will be in addition to the statements referred to in subparagraph (1) to attach to his application the following reports or notify you of the reasons why the study is in some respects can be presented: 1) a copy of the statements from the two for the last financial year, as well as of the end of the last financial year, if it has been more than four months, a copy of the financial statements, which shall not be more than three months old;
2 the extent of the clearing and settlement), the financial performance and financial difficulties, the main reasons and an explanation of the yksityisottojen and the debtor and the wages paid to members of his family; as well as 3) approved by the auditor Chamber of Commerce or other reliable by expert, 3 (a) of the elements referred to in article.
If the debtor does not have the accounting Act (1336/1997), the obligation to draw up annual accounts, the application can be associated with financial statements in lieu of an explanation for the taxation or, in so far as the tax has not yet been submitted, the income tax return. The financial statements instead of the debtor may accompany the application with a report on the accounts of revenue and expenditure of the business based on the evidence supplied for the period after the adoption of the fiscal or tax declaration. (30.12.2014/1379) 3 (a) of section (30.12.2014/1379) an expert's report, section 3, subsection 3 of the Declaration referred to in paragraph 3 shall include: 1 the financial statements attached to the application of the latest) or its substitute tax data, as well as the financial statements;
2 opinion of the business survival and fitness for a particular purpose) which is to be taken into account in assessing the financial position of the debtor; to the full extent, as well as information about other aspects of the 3), which may be of interest to the organisation of the law on the assessment of an individual's debt (57/1993) 45 and 45 (a) of additional conditions for the opening of the debt referred to as well as the payment referred to in article 46 (a) the strengthening of the programme.

section 4 of the reports relating to the immovable property of the debtor, the Court shall obtain a certificate in respect of the property owned by the intensity and the certificate or a certified copy of the registration card. The second property of the corresponding data is to obtain the debtor's right or any other right to use the lease.

the provision of section 5 of the Application of the annexes at the request of the Creditor to the creditor to the creditor of the debtor, the Court shall send copies of the documents attached to the application.

in essence, the provisions of section 6 of the payment the program has been fixed, the bailiff shall notify the registration authority of the party concerned, be valid as a lapse.
If the debtor is an individual debt arrangement Act (57/93) on the basis provided for in § 41 to creditors in whole or in part to the bailiff, the bailiff shall settle the payments to creditors in accordance with the execution and, where applicable, what the regulation States. The bailiff may, however, suspend payments to creditors in averting a period not exceeding three months.
The State of the debtor's cash payments to the debtor a receipt shall be issued the regulation on the collection (468/78) of the debtor referred to in article 1.
The debtor shall not be required to carry out the Act Regulation (161/85) for the ulosottomaksua referred to the bailiff.

See Ulosottokaari 705/2007. (A) for the collection of your receipt/1978 repealed by the amending Regulation repealing the State collection slip VNa:lla 1021/2006. (A) the Act 161/1985 are repealed Act 35/1995, a.

section 6 (a) (30.12.2014/1379) ignoring the low dividend if the creditor has more than one payment in the program, you can leave the unpaid debts, which the sheer amount of interest would be less than $ 50. Such debts can be left unpaid when payment program will be changed.

6 (b) of section (22 November 2001/1029) then this will lead to ignoring the creditor if the arrangement covers an individual's debt on a section 28 of the Act for the debt to a trader, that it has not been possible to reach, without taking account of the payment of the debt can be left in the program, if the amount of the debt is less than 1 700 euros.

6 (c) of section (30.12.2002/1275) 6 (c) the section has been repealed A 30.12.2002/1275.

section 7 of the registration and the purpose of the debt restructuring of the legal Register Centre maintains a debt settlement record of a data-processing technique in order to safeguard the implementation of the programme of the debtor's payment and his ability to prevent against cross-border debt, the issuance of debt and the conditions for the operation of the statistical and research. (24.1.1997/64)
The information in the register of the Court of suorakäyttöisesti deposit in the way the Ministry of Justice in more detail.

the data content of the register under section 8 of the debt restructuring The Court shall immediately be entered in the register as the Ministry of Justice in more detail: 1) the debtor's name, social security number, contact information, and place of residence;

2) by the Court of Justice and its contact information, as well as to the identification;
3) application to the author and his or her contact information;
4) debt settlement proceedings: (a)) of the application vireilletulopäivä;
(b)), the rejection of the application or any other solution, in which the court proceedings are completed;
(c) the start of the arrangement;)
(d) the strengthening of the programme, as well as the program of payment) the start date and end date, as appropriate, with regard to the security of ordinary debts and liabilities separately;
(e)): expiry of the payment plan;
(f)) to change the date of the end of the programme the payment plan;
(g)) information relating to the appeal;
(h) the name and contact information for the administrator); and (i)) other relevant information as the Ministry of Justice.
If the payment program to lapse of the law on the organisation of the debts under section 47, the entry makes it to the Court in which the proceeding is pending the company's restructuring.

section 9 (24.1.1997/64) the removal from the register of the Registry Data is removed from register and information relating to the arrangement after: 1) the duration of the programme is finished;
2) is passed up to six months from when the debt settlement of the case is before the Court, other than the rejection of the application expired; or 3) is passed two years after the application has been rejected or terminated by the payment program is provided.
Error correction is applied, what the person register Act (471/1987) 15.
The right to the registration center is archived in the insolvency register deleted data.

HenkilörekisteriL 471/1987 has been repealed L:lla 523/1999, see Article 29 of the HenkilötietoL 523/1999.

section 10 of the personal data (24.1.1997/64) mass release debt settlement of entries shall be made available, the use of the personal data of the technical connection or any other person for the purposes of a supply of the registry law, mass. Authorisation shall be granted to the courts of tasks related to the organisation of debt, bankruptcy, tax, police or other authority, as well as the recovery and enforcement functions of the credit activities credit for the maintenance of the register.
To obtain information about the technical user to give it, who needs information about the granting of and for the purposes of supervision.

Article 11 entry into force This Regulation shall enter into force on 8 February 1993.

The change of the date of entry into force of the acts and application: 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.

on 22 November 2001/1029: This Regulation shall enter into force on 1 January 2002.

30.12.2002/1275: This Regulation shall enter into force on 1 January 2003.

30.12.2014/350: This Regulation shall enter into force on 1 January 2015.