Regulation The Company's Reorganization

Original Language Title: Asetus yrityksen saneerauksesta

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1993/19930055

Presentation by the Minister of Justice provided for in the company's reorganization Act of 25 January 1993 (47/93) and the third paragraph of article 69 of the 80 pursuant to section: section 1 (8 March 2007/249) of the debtor, the debtor's application for the opening of composition proceedings, the application shall be accompanied by: 1) to the commercial register extract or, in the case of a debtor that is not significant in the trade register, an extract from the statutory registration number in the registry;
2 a copy of the articles of association or the articles of the agreement), as well as, if the debtor requires authorisation issued by the authority, a statement of the existence of the licence concerned;
3. analysis of the community) of the debtor while the ownership;
a copy of the statements from the two 4) for the last financial year, as well as of the end of the last financial year, if it has been more than four months, the financial statements, which shall not be more than three months old;
5) report, which shows the actual number of seats, and the work location and the number of employees, as well as the value of the assets of the debtor's business, as well as the amount of the deposit as a whole and broken down by the collateral;
6) a list of creditors, which is marked at least the creditors whose need exceeds EUR 1 000 and the name and address of each creditor, the amount of the claim and any guarantor, and of the security and the security of the names and addresses of the asettajien;
a list of significant assets; 7)
8) approved by the Central Chamber of Commerce of the statutory auditor or, if the debtor according to the law, do not need to be approved by the Chamber of Commerce of such auditor, the auditor's report referred to in paragraph 1 (a);
9) a statement indicating whether or not the debtor in the proceedings pending in any other court, the bankruptcy filing;
10) other necessary reports.
If the debtor is a farm-or reindeer husbandry or fishing carrier: 1), the application shall, unless the debtor is not required by law during its activities, of the accounting Act (1336/1997) according to article 1 of the Declaration referred to in paragraphs 4 and 5, instead of the taxation, as well as the last statement of the last income tax return for the attachments;
one part 1 of 2) the application referred to in paragraph 8, the report can provide rural Centre consultants familiar with the designer, not only when it is a question for the community, which by law must be an accountant.


1. (a) section (8 March 2007/249) an auditor's report under section 1, the Declaration referred to in paragraph 8 shall include: 1 the financial statements attached to the application of the latest) and the annual accounts;
2) opinion on the facts, that is to be taken into account in assessing the financial position of the debtor, on the basis of the financial statements;
the law on the reorganization of the company 3) opinion (47/1993) section 69 of the report referred to in paragraph 2, which relates to the debtor's financial difficulties, the key reasons for the continuation of the restructuring procedure, the costs of coverage in the future, and the way in which the debtor is able to pay off their debts not included in the restructuring liabilities;
to the full extent needed information from other aspects of the 4), which may be of interest to the assessment of the company's reorganization of the law referred to in articles 6 and 7 of the conditions of the opening of composition proceedings.


section 2 of the application of a creditor or a creditor a creditor or a creditor of the likely application of the likely composition of the initiation of the debtor should be connected: 1) extract from the trade register;
2 the case of the community, that is) of the debtor shall be obliged to submit the financial statements to the Board of patents and registration of Finland, by the creditor with a copy of the last of the available accounting records;
3) a statement under section 1 (3) and of the elements referred in paragraph 5, to the extent that they are known to the applicant;
4 the relationship of the applicant to the creditor's claim) a statement of the debtor; and 5) with a report on the application of the criteria.


3 section (8 March 2007/249) of the debtor and the creditors ' common application for the company's reorganization prompted by the creditors or the law on section 6, subsection 1 of the debtor and the creditors referred to in paragraph 1, the common or creditors to support the claim must be accompanied by: 1) referred to in article 1 of the debtor, with the exception of the first subparagraph of article 8 and article 1 of the Declaration referred to in paragraph 2, subsection 2, paragraph 2;
2) with a report on the relationship between the applicants on the creditors ' claims to the debtor and creditors.


3. (a) section (8 March 2007/249) Ads as a result of the application, the Court must, without delay, inform the composition proceedings to be opened on the application to the Court, which was initiated by the application, the competent on the issue of the debtor's bankruptcy.


section 4 of the alerts on the composition of the Court decision initiating the procedure shall without delay publish in the official journal of the notice, except where the decision to impose that the alert is not sent. The public notice shall state: 1) the names of the previous work name, and, owing to the debtor's place of residence and address of the person or the company and the community;
the law on the reorganization of the company 2) section 71 of the elements referred to in paragraph 1 and 2;
3) full name of the administrator, and the address and other contact information you have available, as well as the provisions of the distribution of tasks between the administrators, if any;
4) Court of Justice and the credentials.
(8 March 2007/249)
In addition, the Court may order that a liquidator shall publish the notice referred to in paragraph 1 in one or more of the daily newspaper.
If the activities of the debtor and any velkojapiiri should be to publish the public address abroad as referred to in sub-section 1, the Court shall order that an administrator has to ensure that the full extent and in an appropriate manner.
The Court shall, without delay, publish in the official journal of the notice to the cessation of the composition proceedings, except where the proceedings have not been published in the alert. The public notice shall state the name of the debtor's business name or the name of the procedure, the administrator is the starting point and the number of the official journal, where the public address of the opening of insolvency proceedings has been published, as well as the timing of the closure of the procedure and the grounds. Article 5 (4.11.1994/961) Ads to the trade register and the ulosottoviranomaisille (8 March 2007/249) the Court shall, without delay, inform the cleanup process, and to the Government of any cessation of the patent and registration in the commercial register for entry, as well as the location of the real estate of the debtor, the debtor's registered office and on the ulosottoviranomaisille. (8 March 2007/249)
The notification shall specify: 1) the debtor's business name and address, as well as the person or company and the community;
2 the beginning of the composition proceedings or in the event of discontinuance time period) as well as the identification of the issue;
the liquidator or liquidators shall keep the names of the 3), home of the locations, addresses, and other contact information, as well as, in the case of the trade register authority notification of any provisions for the distribution of tasks among the administrators;
4 in respect of a notification to the trade register authority) of the composition proceedings, the debtor during the control of restrictions on transactions;
5) in the case of termination of reorganisation proceedings, whether it is the basis for the establishment of the debtor in the event of discontinuance set bankruptcy restructuring programme or other circumstance.
(8 March 2007/249)
Registration authority shall be informed of the decision taken during the cleanup process, which constitutes a change of control of the debtor, the restrictions referred to in paragraph 4 or that applies for an administration order or release of the distribution of tasks among the deprived of his Office or of the liquidators.

4 article has been repealed A 4.11.1994/961.



(5) (a) section (4.11.1994/961) if the above 3 (a) and the declarations referred to in article 5, may be made by post or by means of an electronic data transfer method. The court bailiff and a statement may also be made by phone. Otherwise, as the post reported, however, without undue delay, to be sent in the mail the original, if it is necessary. (8 March 2007/249)
In the trade register declarations can be submitted to bankruptcy and business restructuring, through the registry, as the Ministry of Justice.


section 6 of the Entry in the trade register on the National Board of patents and registration shall, without delay, carry out the commercial register entry of the beginning and the cessation of the composition proceedings. The label must include the opening of the proceedings, the Court has taken the decision, or the expiry date as well as the liquidator's name, place of residence, address, and other contact information as well as any provisions on the allocation of tasks among the administrators. (4.11.1994/961)
Trade register entry shall be made in the course of the procedure in force in the restructuring of the debtor's control of restrictions with regard to the transactions. This entry shall be made on the company's reorganization of the law with regard to article 29 of the restrictions under a provision of the law mentioned in the reference, under section 30, with regard to the restrictions laid down in the decision of the Court of Justice in accordance with the order identification.


section 7 of the Notifications to be believed, the liquidator to the Court may give the notification referred to in article 5 of the task. In this case, the notification shall be accompanied by a copy of the document, which shows the activity on the part of the person concerned, Dr pol SC, the Court of Justice.


section 8 of the other notifications and logging activities


If the debtor has assets, for which there is a special registration system, the cleanup process, and an entry shall be made: 1) to the cessation of the property, as well as the right to lease the property or any other right of you post the register of land ownership and mortgages;
2) in the case of a kiinnityskelpoista from the sale of movable property other than the business of a mortgage pursuant to the code of civil procedure (634/84), the mortgages taken out in the register;
3) the value of units to the book-entry securities account; and 4) the registered trade mark, patent, design right, utility model and the model of the integrated circuit in the register of the district.
The liquidator shall, without delay, be notified of the commencement of reorganisation proceedings and of any cessation of the controller concerned, which shall, without delay, to ensure the conclusion of the relevant entry in the register.
If the debtor is engaged in securities, derivatives or foreign exchange trading, the liquidator shall, without delay, notify the commencement of reorganisation proceedings and to the cessation of the settlement community, as well as the fact, whether the debtor securities, derivatives or foreign exchange trading. Shall be the obligation to report to the community, if the debtor is acting as a party to the payment system. (letter of 18 December 1998/1006)
If the receiver is not prescribed, the Court must ensure that the declarations in pursuance of the particulars referred to in this article or other measures.


section 9 (8 March 2007/249) the prohibition of the indication of Provisional kuuluttaminen, and What provides in article 4, 5 and 6 of the procedure for the notification of the publication of judicial settlement as well as the trade and registration and of article 7 of the adoption of the declarations of the liquidator, applies, mutatis mutandis, to section 22 of the Act on the reorganization of the company referred to in a temporary injunction and temporary administrator. If the temporary ban expired otherwise than because of the opening of composition proceedings, it shall publish a notice in the official journal, which occurs in addition to the different information on the debtor and the ban on the termination date and reason for the check.


date of entry into force of section 10 of This Regulation shall enter into force on 8 February 1993.

The change of the date of entry into force and the application of the acts: 26.11.1993/1031: This Regulation shall enter into force on 1 December 1993.




4.11.1994/961: This Regulation shall enter into force on 1 December 1994.




19.6.1997/592: This Regulation shall enter into force on 1 July 1997.




18 December 1998/1006: This Regulation shall enter into force on 1 January 1999.




on 8 March 2007/249: This Regulation shall enter into force on 1 June 2007.