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Introduction Act to the Insolvency Act (further) further Ausfertigung date: 05.10.1994 full quotation: "introduction Act to the Insolvency Act of 5 October 1994 (BGBl. I p. 2911), most recently by article 8 paragraph 4 of the Act of July 17, 2015 (BGBl. I S. 1245) has been changed" stand: last amended by article 8 par. 4 G v. 17.7.2015 I 1245 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 19.10.1994 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 123 / 2006 (CELEX Nr: 32006L 0123) cf. art. 3 G v. 22.12.2010 I 2248 +++) article 1: page 1999 (311-14-2) article 2: repeal provisions article 3 to 101: change rules of first part recast of the rescission Act type 1 - second part abolition or change laws type 2 repeal of laws it will be lifted: 1 2.
7 the overall enforcement order as amended by the notice of 23 May 1991 (Federal Law Gazette I p. 1185), amended by article 5 of the law of June 24, 1994 (BGBl. I p. 1374);
8 the Gesamtvollstreckungs break law as amended by the notice of 23 May 1991 (Federal Law Gazette I p. 1191);
9 type 3-20 --type 21 amendment of the Schiffahrtsrechtlichen distribution procedure (1) (2) subject to the law of the sea distribution scheme in annex I Chapter III section D section III No. 3 letter b of the Unification Treaty of 31 August 1990 in connection with article 1 of the law of 23 September 1990 (BGBl. II S. 885, 960) shall no longer apply.
Type 22-101 --part III international insolvency law.
Transitional and final provisions art 102 implementation of Regulation (EC) no 1346/2000 on insolvency proceedings section 1 territorial jurisdiction (1) in insolvency proceedings the German courts to comply with article 3 paragraph 1 of Regulation (EC) No. 1346/2000 of 29 May 2000 on insolvency proceedings (OJ EC No. L 160, p. 1) to international jurisdiction, without that according to § 3 of the German insolvency code a domestic place of jurisdiction would be based, so the bankruptcy court is exclusively responsible, in whose district the debtor has the Centre of his interests.
(2) is a jurisdiction of the German courts referred to in article 3 paragraph 2 of Regulation (EC) no 1346/2000, so only the insolvency court is responsible, in whose district, the establishment of the debtor is located. Article 3 par. 2 of the German insolvency code shall apply mutatis mutandis.
(3) without prejudice to the responsibility pursuant to paragraphs 1 and 2 No. is responsible for decisions or other measures under Regulation (EC) 1346/2000 each domestic insolvency court, in whose district the debtor's assets is situated. The State Governments are authorised to the relevant promotion or faster completion of procedures by Decree the decisions or measures under Regulation (EC) No. 1346/2000 for the districts of several bankruptcy courts one of these to assign. The State Governments can confer the empowerment on the land justice administrative authorities.
Section 2 is to assume that the debtor's assets located in another Member State of the European Union, the findings and legal considerations appear in the opening decision shortly, from which a jurisdiction 1346/2000 for the German courts resulting No. pursuant to article 3 of Regulation (EC) justification of the opening decision.
§ 3 of jurisdiction (1) main insolvency proceedings opened the Court of another Member State of the European Union, so is as long as this insolvency proceedings pending an application for opening of such proceedings on the assets belonging to the bankrupt estate of a domestic court of insolvency is not permitted. A procedure opened against sentence 1 may not continue. Against the domestic proceedings, also the administrator of the foreign main proceedings may appeal.
(2) Court of a Member State of the European Union has rejected the opening of insolvency proceedings, as referred to in article 3 paragraph 1 of Regulation (EC) no 1346/2000 the German courts are responsible, so a German court can not reject the opening of the insolvency proceedings because the courts of the other Member State will be responsible.
§ 4 setting of the insolvency proceedings in favour of the courts of another Member State (1) must not continue already opened insolvency proceedings the insolvency court according to article 3, paragraph 1, as it adjusts the procedure in favour of the courts of the other Member State of the European Union by virtue. The insolvency court to hear the insolvency administrator and the creditors Committee, if one is ordered, the debtor prior to the adjustment. Insolvency proceedings is set each insolvency creditor is complaint authority.
(2) the effects of the insolvency proceedings, which have already occurred and not limited to the duration of this procedure prior to its adjustment, persist even if they contradict effects of insolvency proceedings opened in another Member State of the European Union, which extend under Regulation (EC) No. 1346/2000 on domestic. This also applies to legal acts, that to have been made during the set procedure of the insolvency administrator or him in performance of his duties.
(3) before the setting referred to in paragraph 1, the bankruptcy court has the Court of another Member State of the European Union, where the procedure is pending, the imminent setting to inform; This should be specified how to set proceedings was made known, entered in the public books and registers the opening and who is liquidator. In the order, the Court of another Member State is to designate favour of whom the procedure is set. A copy of the termination decision to send is this Court. Section 215, paragraph 2, of the Insolvency Act is not applicable.
§ 5 publication (1) the request for public notice of the essential substance of the decisions paragraph 1 of Regulation (EC) is no. 1346/2000 pursuant to article 21 to the Court pursuant to section 1. The Court may require a translation, which can be certified by a person authorized to do this, in one of the Member States of the European Union. § 9 para 1 and 2, and article 30, paragraph 1, of the Insolvency Act shall apply mutatis mutandis.
(2) the debtor in the country is established, the public notice shall be referred to in paragraph 1 by virtue. Is the opening of insolvency proceedings has been made known, is the ending in the same way to make known.
Section 6 registration in public books and register (1) the application for registration pursuant to article 22 of Regulation (EC) No. 1346/2000 is to be directed to the Court pursuant to section 1. This invites the body leading register for registration, if under the law of the State in which the main insolvency proceedings was opened, the opening of proceedings is also entered. § 32 para 2 sentence 2 of the German insolvency code does not apply.
(2) the form and content of the registration are based on German law. Entries that are unknown to the German law, knows the law of the State of the opening of proceedings the Court has to select an entry, which is the State of the opening of proceedings to the next.
(3) the application is referred to in paragraph 1, or according to § 5 para 1 to an incompetent Court, so this immediately forwards the request to the competent court and shall inform the applicant accordingly.
§ 7 right of appeal against the decision of the insolvency court according to article 5 or article 6 is the immediate appeal. The paragraphs 574 to 577 of the code of civil procedure shall apply mutatis mutandis.
§ 8 enforcement from the opening decision (1) is empowered to enforce the surrender of the things of that are in the custody of the debtor, on the basis of the decision on the opening of proceedings by means of forced execution according to the law of the State of the opening of proceedings the liquidator of main proceedings, article 25 shall apply for the Declaration of enforceability in the domestic para 1 of subpara. 1 of Regulation (EC) no 1346/2000. Rate applies for the recovery of items of the company's assets by means of forced execution 1 according to.
(2) article 6 para 3 shall apply accordingly.
§ 9 bankruptcy plan provides for an insolvency plan a deferral, a decree or other restrictions of rights of creditors before, so he can only be confirmed by the bankruptcy court if all affected creditors have agreed to the plan.
§ 10 suspension of recovery will be at the request of the administrator of the main insolvency proceedings referred to in article 33 of Regulation (EC) No. 1346 / 2000 exposed the exploitation of an object in a domestic secondary insolvency proceedings, where a preferential right is, are constantly to the owed interest on the company's assets to pay the creditors.
§ 11 is inform creditors in addition to the opening decision the creditors who have their habitual residence, domicile or seat in another Member State of the European Union, a note to deliver, with which they are taught about the consequences of a subsequent filing of claims according to section 177 of the insolvency regulation. section 8 of the Insolvency Act shall apply mutatis mutandis.
Type 102a insolvency administrators from other Member States of the European Union nationals of another Member State of the European Union or Contracting State of the agreement on the European economic area, and persons who have their occupational branch in one of those States, can the procedure for inclusion in an advance choice list by the bankruptcy court for insolvency administrator over a single point according to the provisions of the administrative procedures Act process. On applications for inclusion in a choice list of the advance is to decide within a period of three months in these cases. section 42a paragraph 2 sentence 2 to 4 of the administrative procedure act shall apply mutatis mutandis.
Art 102 (b) implementation of the Regulation (EU) No. 648 / 2012 § 1 loss provisions by central counterparties (1) the opening of the insolvency proceedings does not 1 the implementation according to article 48, paragraph 2, 4, 5 set 3 and paragraph 6 sentence 3 of the 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 201 of the 27.7.2012, p. 1) measures to manage, close-out and other handling of customer and proprietary trading positions of the clearing member, 2. the implementation according to article 48 paragraph 4 to 6 of Regulation (EU) No. 648 / 2012 measures the transfer of customer positions and 3 in article 48 paragraph 7 of the Regulation (EU) No 648 / 2012 proposed use and repayment of client collateral.
(2) paragraph 1 shall apply the insolvency act accordingly for the arrangement of safeguards according to § 21.
§ 2 nonrepudiation permissible measures according to § 1 subject not the insolvency rescission.
Art 103 application of existing law on bankruptcy, comparison, and total enforcement proceedings, which have been applied for prior to 1 January 1999, and whose Wirkungen continue to apply the existing legal regulations. The same applies to following bankruptcy proceedings, where the comparison application prior to the procedure is sent before January 1, 1999.
The hitherto applicable laws continue to apply are type 103a reconciliation regulation on insolvency proceedings which have been opened before 1 December 2001.
The hitherto applicable laws continue to apply are type 103B reconciliation provision to the law implementing Directive 2002/47/EC of 6 June 2002 on financial collateral arrangements, and amending the Mortgage Bank Act and other laws on insolvency proceedings which have been opened before April 9, 2004.
Art 103c reconciliation provision to the law on the simplification of the insolvency proceedings (1) on insolvency proceedings, prior to the entry into force of the Act to simplify the proceedings by April 13, 2007 (BGBl. I p. 509) was opened on 1 July 2007, with the exception of sections 8 and 9 of the insolvency regulation and regulation to public announcements in insolvency proceedings on the Internet further apply until then, the legal regulations. In such insolvency proceedings, all to be made by the Court public notices shall be without prejudice to paragraph 2 only in accordance with article 9 of the insolvency regulation. Section 188 sentence 3 of the German insolvency code is also on insolvency proceedings to apply before the entry into force of the law to the rules of legal advice law of 12 December 2007 (Federal Law Gazette I p. 2840) have been opened on December 18, 2007.
(2) the public notice can be made up to December 31, 2008, in addition to the electronic notice according to § 9 para 1 sentence 1 of the Insolvency Act in one blade appearing periodically place of residence or seat of the debtor; the publication can be done in part. Only the publication on the Internet is decisive for the effect of the notice according to § 9 para 1 sentence 1 of the German insolvency code.
Type 103d reconciliation provision to the law and the modernisation of the GmbH law to combat abuses on insolvency proceedings, prior to the entry into force of the Act of October 23, 2008 (BGBl. I S. 2026) was opened on November 1, 2008, are further apply the statutory rules until then. The Insolvency Act over the challenging of acts regulations until then are to apply, as far as the acts are withdrawn or subject to a lesser extent to the previous right of appeal against in after opened November 1, 2008 insolvency proceedings on legal acts adopted before 1 November 2008.
2011 on insolvency proceedings, which have been applied for before January 1, 2011, the hitherto applicable regulations continue to apply are kind 103e reconciliation rule to be floating budget.
103f reconciliation provision to the law on the amendment of § 522 of the code of civil procedure for decisions concerning the immediate appeal pursuant to § 6 of the German insolvency code, where the period of section 575 of the code of civil procedure on 27 October 2011 still not expired, is further apply the insolvency regulations as amended by force until October 27, 2011. Section 7, sentence 1 of the introductory act to the German insolvency code applies to decisions regarding the immediate appeal under article 102 1 set according to.
The hitherto applicable regulations continue to apply are 103 g reconciliation provision to the law to facilitate further the rehabilitation of companies on insolvency proceedings, which have been applied for prior to March 1, 2012. § 18 paragraph 1 is number 2 of the registrars Act in force from 1 January 2013 only to apply to insolvency proceedings be applied for from 1 January 2013.
The hitherto applicable laws continue to apply are 103 h reconciliation provision to the law to reduce the residual debt exemption procedure and to enhance the rights of creditors to insolvency proceedings, which have been applied for before 1 July 2014, subject to the rates of 2 and 3. On insolvency proceedings after the sections 304-314 of the Insolvency Act in force prior to 1 July 2014, which have been applied for prior to that date, the §§ 217-269 shall apply the Insolvency Act. Section 63, paragraph 3, and § 65 of amended 19 July 2013 applicable insolvency code in the are on insolvency proceedings, which have been requested from 19 July 2013 to apply.
Type 103i reconciliation provision to the financial directive implementation Act Article 22a, paragraph 1 of the Insolvency Act in the version of the accounts directive implementation Act of July 17, 2015 (Federal Law Gazette I p. 1245) is for the first time on procedures to apply, whose opening has been applied for after December 31, 2015.
Art 104 application of the new law in insolvency proceedings, which will be applied for after December 31, 1998, the Bankruptcy Code and this law also apply to legal relationships and rights that have been established before 1 January 1999.
Kind was 105 financial futures (1) for financial services, which have a market or stock exchange price, a certain time or a certain time-limit agreed and enters the time or the expiration of the period after the opening of bankruptcy proceedings, so can not fulfilling demands, but only a demand ways asserted the failure. Considered in particular financial services 1 delivery of precious metals, 2. the delivery of securities or similar rights, as far as intention is not the acquisition of a stake in a company to produce a lasting connection to this company, 3. cash benefits, in foreign currency or in a unit of account to provide are, 4. cash benefits, the amount of which directly or indirectly through the course of a foreign currency or a unit of account that is determined by the interest rate of claims or the price of other goods or services 5 options and other rights on delivery or cash benefits within the meaning of points 1 to 4.
Transactions on financial services in a framework agreement are summarized, for which it is agreed that he only uniform can be terminated for breach of contract, the totality of these transactions is regarded as a mutual agreement.
(2) the requirement for the non-performance focuses on the difference between the agreed price and the market or stock exchange price, which depends on the second working day after the opening of the proceedings at the place of performance of a contract with the agreed meeting time. The other part may file a claim such as bankruptcy creditors.
(3) in paragraphs 1 and 2 in the case of bankruptcy proceedings apply arrangements for the opening of a conciliation or total enforcement proceedings in case.
Kind of the acts adopted before 1 January 1999 only to apply to 106 insolvency challenge which are bankruptcy rules about the avoidance of legal acts, insofar as these are not according to the previous law of challenge withdrawn or subject to a lesser extent.
Type 107 evaluation provision to the law to reduce the residual debt exemption procedure and strengthening the creditors rights (1) the Federal Government reported the Bundestag until June 30, 2018, in how many cases after three years a residual debt exemption could be granted. The report must contain information on the height of satisfaction rates achieved in the residual debt exemption procedure and bankruptcy.
(2) unless the need for legislative measures in the report, the Federal Government should propose them.
Art 108 is continuation of the enforcement restriction (1) enforcement against a debtor whose assets, a total enforcement procedures has been carried, to observe the execution limit of § 18 para 2 sentence 3 of the overall enforcement order after December 31, 1998.
(2) if such debtor's assets under the provisions of the Insolvency Act insolvency proceedings opened, so are the demands that are subject to the limitation of enforcement to correct in the rank according to the requirements referred to in article 39, paragraph 1, of the insolvency regulation.
Art as far as provisions of land law in conjunction with section 17, paragraph 1, of the introductory act to the Bankruptcy Act a prerogative for the satisfaction of mortgages, real loads or loan of the credit institution is entitled to the holders of bonds which are issued before January 1, 1963 by other banks as mortgage banks, is 109 notes to note this prerogative also in future proceedings.
Entry into force (1) the Insolvency Act and this Act occur type 110, insofar as nothing else is determined, on January 1, 1999, in force.
(2) enter into force on the day after the proclamation No. 1 of the German insolvency code § 2 para 2 and § 7 para 3 of the insolvency regulation, as well as the empowerment of countries in article 305, paragraph 1. The same applies no. 1, § 73 para 2, article 274, paragraph 1, article 293, paragraph 2 and § 313 of the Insolvency Act for section 65 of the German insolvency code and § 21 para 2 insofar as they explain section 65 of the German insolvency code for according to applicable.
(3) article 2 No. 9 of this Act, so far is the repeal of § 2 para 1 sentence 2 of the law on the dissolution and destruction of societies and cooperatives will be arranged, article 22, article 24 No 2, article 32 No. 3, article 48 No. 4, article 54 No. 4 and article 85 No. 1 and 2 point (e), article 87 No. 8 d and article 105 of the Act into force on the day after the announcement.
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