Introduction Act on insolvency order

Original Language Title: Einführungsgesetz zur Insolvenzordnung

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Introduction Act on insolvency order (EGInsO)

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EGInsO

Date of completion: 05.10.1994

Full quote:

" Introductory Act to the Insolvency Regulations of 5. October 1994 (BGBl. 2911), as last amended by Article 8 (4) of the Law of 17 July 2015 (BGBl I). 1245).

Status:

Last amended by Art. 8 sec. 4 G v. 17.7.2015 I 1245

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 19.10.1994 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 123/2006 (CELEX Nr: 32006L0123)   
 cf.  Art. 3 G v. 22.12.2010 I 2248 + + +)

Art. 1: AnfG 1999 (311-14-2)
Art. 2: repeal rules
Art. 3 to 101: amending regulations

Part one
Recast of the Law of Appeal

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Species 1

Part two
Repeal and amendment of laws

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Art 2 Repeal of laws

The following shall be deleted:
1.
2.
3.
4.
5.
6.

7.: the General Order of Enforcement in the version of the Notice of 23 May 1991 (BGBl. 1185), as amended by Article 5 of the Law of 24 June 1994 (BGBl I). 1374);
8.: the General Interrupting Act as amended by the Notice of 23 May 1991 (BGBl. 1191);

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Art 3 to 20 ----

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Type 21 Change in the distribution order in the shipping sector

(1) (2) The provisions of the Law on the Law of the Sea in Annex I, Chapter III, Section III, Section III, point 3 (b), of the Agreement of 31 August 1990 in conjunction with Article 1 of the Law of 23 September 1990 (BGBl. II p. 885, 960) is no longer to be applied. Unofficial table of contents

Art 22 to 101 ----

Part Three
International insolvency law.
Transitional and final provisions

Type 102
Implementation of Regulation (EC) No 1346/2000 on insolvency proceedings

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§ 1 Local competence

(1) In the case of insolvency proceedings, the German courts shall apply insolvency proceedings pursuant to Article 3 (1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ L 327, 31.12.2000, p. EC No 1), the insolvency court is solely responsible for the jurisdiction of the insolvency court in accordance with Section 3 of the Insolvency Code. In the district of the insolvency court, the debtor shall be the centre of his or her (2) If the German courts have jurisdiction under Article 3 (2) of Regulation (EC) No 1346/2000, only the insolvency court in whose district the establishment of the debtor is situated shall have jurisdiction. Article 3 (2) of the Insolvency Code shall apply. (3) Without prejudice to the jurisdiction referred to in paragraphs 1 and 2, each domestic insolvency court shall be responsible for decisions or other measures under Regulation (EC) No 1346/2000, in the latter ' s District assets of the debtor are situated. The State Governments shall be empowered to promote or speed up the procedures in accordance with the provisions of Regulation (EC) No 1346/2000 in respect of the districts of several insolvency courts, in order to promote or accelerate the procedures for the purpose of obtaining the necessary measures. one of them. The state governments can transfer the authorization to the Land Justice Administrations. Unofficial table of contents

Section 2 Justification of the opening decision

If it is assumed that the assets of the debtor are located in another Member State of the European Union, the opening decision shall briefly illustrate the actual findings and legal considerations which may result in the creation of a Jurisdiction provided for in Article 3 of Regulation (EC) No 1346/2000 for the German courts. Unofficial table of contents

§ 3 Prevention of conflicts of jurisdiction

(1) Where the court of another Member State of the European Union has opened a main insolvency proceedings, as long as that insolvency proceedings are pending, a request for the opening of a national insolvency court shall be opened. such proceedings shall be inadmissible in respect of the assets belonging to the insolvency mass. Proceedings opened contrary to the first sentence shall not be allowed to continue. The liquidator of the foreign main insolvency proceedings is also entitled to appeal against the opening of the domestic proceedings. (2) The court of a Member State of the European Union has rejected the opening of the insolvency proceedings because, after the opening of the proceedings, the court of law of a Member State of the European Union rejected the Article 3 (1) of Regulation (EC) No 1346/2000 is the jurisdiction of the German courts, a German insolvency court may not refuse to open insolvency proceedings because the courts of the other Member State are competent. Unofficial table of contents

§ 4 Cessation of insolvency proceedings in favour of courts of another Member State

(1) If the insolvency court is not allowed to continue an insolvency proceedings which has already been opened pursuant to Article 3 (1), it shall, by its own motion, issue the proceedings in favour of the courts of the other Member State of the European Union. The insolvency court shall hear the insolvency administrator, the creditor committee, if one is appointed, and the debtor before the cessation. If the insolvency proceedings are terminated, any insolvency creditor shall be entitled to complain. (2) The effects of the insolvency proceedings which have already occurred prior to the insolvency proceedings and which are not limited to the duration of this procedure shall remain the same. if they are contrary to the effects of insolvency proceedings opened in another Member State of the European Union which, under Regulation (EC) No 1346/2000, extend to the territory of the country concerned. This also applies to legal acts which have been carried out by the insolvency administrator or him in the performance of his duties in the course of the proceedings. (3) Before the appointment under paragraph 1, the insolvency court has the court of the inform the other Member State of the European Union where the proceedings are pending of the imminent termination of the procedure, indicating how the opening of the procedure to be established has been disclosed, in which: public books and registries, and who is insolvency administrator. The decision of the decision shall be taken by the court of the other Member State in whose favour the proceedings are terminated. This court has to send a copy of the recruitment decision. Section 215 (2) of the Insolvency Code shall not apply. Unofficial table of contents

§ 5 Public Notice

(1) The request for a public notice of the essential content of the decisions referred to in Article 21 (1) of Regulation (EC) No 1346/2000 shall be addressed to the court competent pursuant to Section 1. The Court of First Instance may require a translation to be made by a person authorised to do so in a person authorised to do so in a Member State of the European Union. Section 9 (1) and (2) and Section 30 (1) of the Insolvency Code shall apply mutatis. (2) If the debtor has a branch office in the country, the public notice referred to in paragraph 1 shall be made public by its own authority. If the opening of the insolvency proceedings has been disclosed, the termination shall be made known in the same way. Unofficial table of contents

Section 6 Registration in public books and registers

(1) The application for registration in accordance with Article 22 of Regulation (EC) No 1346/2000 shall be addressed to the court competent pursuant to Section 1. It shall request the Register of registration for registration if, under the law of the State in which the main insolvency proceedings have been opened, the opening of the proceedings is also registered. Section 32 (2) sentence 2 of the Insolvency Code shall not apply. (2) The form and the content of the registration shall be governed by German law. If the law of the State of the opening of proceedings is aware of entries which are unknown to German law, the insolvency court shall have to choose an entry which comes closest to that of the State of the opening of proceedings. (3) The application shall be referred to in paragraph 1. or in accordance with section 5 (1) of this Regulation, or in the case of an uncompetent court, the court shall forward the application without delay to the competent court and shall inform the applicant accordingly. Unofficial table of contents

Section 7 Legal remedies

The decision of the insolvency court pursuant to § 5 or § 6 shall be subject to an immediate appeal. § § 574 to 577 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

§ 8 Enforcement from the opening decision

(1) Where the liquidator in a main insolvency proceedings is entitled under the law of the State of the opening of proceedings, the decision on the opening of proceedings shall give effect to the issuance of the items which are in the custody of the debtor, by means of the Article 25 (1) (1) of Regulation (EC) No 1346/2000 shall apply to enforcement of the enforcement order in the country of enforcement. Sentence 1 shall apply mutas to the recovery of objects of the insolvency mass by way of enforcement. (2) § 6 (3) shall apply accordingly. Unofficial table of contents

Section 9 Insolvency plan

If an insolvency plan provides for an insolvency, a decree or other restrictions on the rights of the creditors, it may only be confirmed by the insolvency court if all the creditors concerned have consented to the plan. Unofficial table of contents

§ 10 Suspension of recovery

If, at the request of the liquidator in the main proceedings under Article 33 of Regulation (EC) No 1346/2000, the liquidator in a domestic secondary insolvency proceedings is subject to the recovery of an object in which a right of decommission exists, the the creditor shall continuously pay the interest due from the insolvency mass. Unofficial table of contents

Section 11 Information of creditors

In addition to the opening decision, the creditors who have their habitual residence, domible or registered office in another Member State of the European Union shall be notified of the consequences of a subsequent Request notification in accordance with § 177 of the Insolvency Code. § 8 of the Insolvency Code shall apply accordingly. Unofficial table of contents

Art 102a Insolvency administrators from other Member States of the European Union

Members of another Member State of the European Union or of the Contracting State of the Agreement on the European Economic Area and persons who have their professional establishment in one of those States may take up the procedure for inclusion in the a pre-selection list for insolvency administrators led by the insolvency court, in accordance with the provisions of the Administrative Procedure Act, to be carried out in a single entity. In these cases, applications for inclusion in a pre-selection list shall be decided within a period of three months. Section 42a, second sentence, sentences 2 to 4 of the Administrative Procedure Act shall apply accordingly.

Species 102b
Implementation of Regulation (EU) No 648/2012

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§ 1 Failure provisions of central counterparties

(1) The opening of the insolvency proceedings does not prevent

1.: the implementation of the provisions of Article 48 (2), (4), (5), (3) and (6), third sentence, of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 139, 30.4.2012, p. 1) on the management, management and other management of the clearing member's client positions and the positions of the clearing member,
2.: the implementation of the transfer of customer positions, as provided for in Article 48 (4) to (6) of Regulation (EU) No 648/2012,
3.: the use and re-assurance of customer securities offered under Article 48 (7) of Regulation (EU) No 648/2012.

(2) Paragraph 1 shall apply mutatily to the order of security measures pursuant to section 21 of the Insolvency Code. Unofficial table of contents

§ 2 Indisputable

The measures permitted in accordance with § 1 shall not be subject to the insolvency dispute. Unofficial table of contents

Art 103 Application of the previous law

In the case of bankrupting, comparative and comprehensive enforcement proceedings before 1 January 1999, and the effects of such procedures, the existing statutory provisions shall continue to apply. The same shall apply in connection bankruptcy proceedings in respect of which the application for a comparison preceding the procedure has been made before 1 January 1999. Unofficial table of contents

Art 103a Overline

Insolvency proceedings which have been opened before 1 December 2001 shall continue to apply the statutory provisions in force until then. Unofficial table of contents

Art 103b Law on the implementation of Directive 2002/47/EC of 6 June 2002 on financial collateral arrangements and amending the mortgage banking act and other laws

Insolvency proceedings, which were opened before 9 April 2004, shall be subject to further application of the statutory provisions in force until that date. Unofficial table of contents

Art 103c Code of transfer to the law on the simplification of insolvency proceedings

(1) Insolvency proceedings before the entry into force of the law on the simplification of the insolvency proceedings of 13 April 2007 (BGBl. 509) have been opened on 1 July 2007, with the exception of § § 8 and 9 of the Insolvency Regulations and the Regulation on public announcements in insolvency proceedings on the Internet, the legal provisions in force until then continue to be established. , In such insolvency proceedings, all public announcements to be made by the court shall be made without prejudice to paragraph 2 only in accordance with § 9 of the Insolvency Code. Section 188, third sentence, of the Insolvency Code shall also apply to insolvency proceedings which prior to the entry into force of the Law for the Reregulation of the Legal Adviser Law of 12 December 2007 (BGBl. 2840) were opened on 18 December 2007. (2) The public notice may, until 31 December 2008, in addition to the electronic notice pursuant to § 9 (1) sentence 1 of the insolvency order in one of the place of residence or the registered office of the Debtor's periodically appearing sheet; the publication may take place in part. For the entry of the effects of the notice, only the notice on the Internet is authoritative in accordance with Section 9 (1) sentence 1 of the Insolvency Code. Unofficial table of contents

Art 103d Law on the Law for the Modernisation of the GmbH-Law and the Suppression of Abuse

On insolvency proceedings before the entry into force of the Law of 23. October 2008 (BGBl. 2026), which have been opened on 1 November 2008, are to continue to apply the statutory provisions in force until then. In the context of insolvency proceedings opened after 1 November 2008, the provisions of the insolvency order relating to the dispute over the dispute over the dispute to be applied before 1 November 2008 shall be applied, to the extent that: the legal acts are withdrawn or, to a lesser extent, subject to the previous right of appeal. Unofficial table of contents

Art 103e Code of overrule on the 2011 budget accompanying law

Insolvency proceedings which have been requested before 1 January 2011 shall be subject to further application of the provisions in force until then. Unofficial table of contents

Art 103f Code of transmission to the law amending Section 522 of the Code of Civil Procedure

For decisions on the immediate appeal pursuant to § 6 of the Insolvency Code, in respect of which the time limit of § 575 of the Code of Civil Procedure on the 27. The insolvency order in the up to 27 October 2011 has not yet expired. The Commission will continue to apply it in October 2011. In the case of decisions on the immediate appeal pursuant to Article 102 (7), first sentence, of the Introductory Act on the Insolvency Code, the first sentence shall apply. Unofficial table of contents

Art 103g Code of transmission to the law on further facilitation of reorganization of enterprises

Insolvency proceedings, which have been requested before 1 March 2012, shall be subject to further application of the provisions in force until then. Section 18 (1) (2) of the Law on the Rights of Law in the version in force as from 1 January 2013 applies only to insolvency proceedings which will be applied for as of 1 January 2013. Unofficial table of contents

Art 103h Code of transmission to the law on the shortening of the residual debt exemption procedure and the strengthening of creditor rights

In the case of insolvency proceedings which have been requested before 1 July 2014, the statutory provisions in force until then shall be applied further, subject to the provisions of sentences 2 and 3. § § 217 to 269 of the Insolvency Code shall also apply to insolvency proceedings in accordance with § § 304 to 314 of the Insolvency Code in the version applicable before 1 July 2014, which have been requested prior to this date. § 63 (3) and § 65 of the Insolvency Code in the version valid from 19 July 2013 shall apply to insolvency proceedings which have been requested from 19 July 2013. Unofficial table of contents

Art 103i Code of leeway to the Accounting Directive

Section 22a (1) of the Insolvency Code in the version of the Accounting Directive Implementation Act of 17 July 2015 (BGBl. 1245) shall be applied for the first time to proceedings which have been applied for after 31 December 2015. Unofficial table of contents

Art 104 Application of the new law

In the case of insolvency proceedings, which are requested after 31 December 1998, the insolvency order and this law shall also apply to legal relationships and rights which have been established before 1 January 1999. Unofficial table of contents

Art 105 Financial transactions

(1) If a certain time or period has been agreed for financial services which have a market or stock exchange price, and the period or the expiry of the period does not enter into force until after the opening of a bankruptcy procedure, the performance cannot be fulfilled. is required, but only a claim for non-performance. In particular, financial services shall be:

1.: the supply of precious metals,
2.: the supply of securities or equivalent rights, in so far as the acquisition of a stake in a company is not intended to establish a permanent link with that undertaking;
3.: cash benefits to be provided in foreign currency or in a unit of account;
4.: cash benefits, the amount of which is determined directly or indirectly by the course of a foreign currency or unit of account, by the interest rate of claims, or by the price of other goods or services;
5.: Options and other rights to supplies or cash benefits within the meaning of points 1 to 4.

Where transactions relating to financial services are grouped together in a framework contract for which it is agreed that in the event of infringements of the contract it can only be concluded in a uniform manner, the totality of these transactions shall be deemed to be a reciprocal contract. (2) Claim for non-performance shall be based on the difference between the agreed price and the market or stock exchange price, which on the second working day following the opening of the procedure at the place of performance for a contract with the agreed Performance time is significant. The other part may only claim such a claim as a bankruptcy creditor. (3) The rules set out in paragraphs 1 and 2 in the event of the opening of a bankruptcy proceeding shall apply in accordance with the case of the opening of a comparison. or total execution proceedings. Unofficial table of contents

Art 106 Insolvency dispute

The provisions of the insolvency order relating to the dispute over legal acts shall be applied only to the legal acts carried out before 1 January 1999, in so far as they are not withdrawn under the previous law of the dispute or to a lesser extent shall be subject to the scope. Unofficial table of contents

Art 107 Evaluation of the law on the shortening of the residual debt exemption procedure and the strengthening of creditor rights

(1) The Federal Government shall report to the German Bundestag until 30 June 2018, in how many cases a residual debt relief could be granted after three years. The report also contains information on the level of the rates of satisfaction achieved in the bankruptcy and residual debt liberation proceedings. (2) If the report shows the need for legislative measures, the Federal Government is to be responsible for this. proposal. Unofficial table of contents

Art 108 Continuation of enforcement restriction

(1) In the case of enforcement against a debtor over whose assets an overall enforcement procedure has been carried out, also after 31 December 1998 the restriction of enforcement of Section 18 (2) sentence 3 of the (2) If insolvency proceedings are opened on the assets of such a debtor in accordance with the provisions of the insolvency order, the claims which are subject to the enforcement restriction shall be in place in accordance with the provisions of the to rectify the claims referred to in Article 39 (1) of the Insolvency Code. Unofficial table of contents

Art 109 Bonds

To the extent that the holders of debt securities issued by other credit institutions as mortgage banks before 1 January 1963, in accordance with the provisions of national law, in conjunction with Section 17 (1) of the Introductory Act If a right of bankruptcy is entitled to the satisfaction of mortgages, real charges or loans from the credit institution, this privilege must also be taken into consideration in future insolvency proceedings. Unofficial table of contents

Art 110 Entry into force

(1) The insolvency order and this law shall enter into force on 1 January 1999, unless otherwise specified. (2) § 2 (2) and § 7 (3) of the Insolvency Code as well as the authorization of the Länder in § 305 (1) no. 1 of the Insolvency Code shall occur on the Days after the announcement in force. The same applies to § 65 of the Insolvency Code and to Section 21 (2) No. 1, Section 73 (2), § 274 (1), § 293 (2) and § 313 of the Insolvency Code, insofar as they declare § 65 of the Insolvency Code for accordingly applicable. (3) Article 2 (9) of this Act, in so far as the repeal of Section 2 (1) sentence 2 of the Law on the dissolution and erasure of companies and cooperatives is ordered, Article 22, Article 24 (2), Article 32 (3), Article 48 (4), Article 54 (4) and Article 85 (1) thereof. and 2 (e), Article 87 (8) (d) and Article 105 of this Act shall enter into force on the day after the date of delivery. Power.