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The Order In Which Contributions And Paid A Deposit Of Legal And Natural Persons In The Process Of Insolvency

Original Language Title: Kārtība, kādā iemaksā un izmaksā depozītu juridiskās un fiziskās personas maksātnespējas procesā

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Cabinet of Ministers Regulations No. 88 in 2015 (24 February. No 10 33) order in which contributions and paid a deposit of legal and natural persons in the insolvency proceedings Issued in accordance with article 62 of the law of insolvency in the eighth and fifth paragraph of article 129 of the general issue I. 1. determines the order in which legal and natural persons deposits of the insolvency proceedings (hereinafter referred to as the deposit) paid into the bankruptcy administration account of the funds deposited in the Treasury of the insolvency costs and the applicant or the insolvency administrator (hereinafter referred to as the administrator) or clearing the State budget revenues. II. Deposit payment 2. Insolvency deposit the applicant insolvency administration of the funds deposited in the Treasury account. 3. the legal person of the insolvency of the applicant, the payment order shall state the following particulars: 3.1 if insolvency proceedings the applicant is a legal person: 3.1.1. firm (name); 3.1.2. registration number; 3.2. If the insolvency proceedings the applicant is a natural person: 3.2.1. name, surname; 3.2.2. ID code. 4. The legal person against whom proceedings are filed the application, the payment order shall state the following information: 4.1 firm (name); 4.2. registration number. 5. For natural persons the onset of insolvency proceedings the applicant for the payment order shall state the following information: name, surname, 5.1; 5.2. the user ID of the person. III. the payment of a deposit of legal entity insolvency proceedings the applicant 6. Insolvency administration, based on insolvency of the applicant's submissions, the insolvency law in the cases laid down in the decision on the costs of the deposit. 7. The creditor who submits an application for insolvency proceedings, that provision referred to in paragraph 6 of the application (annex 1) submit to the administrators after it has fallen one of the following circumstances: 7.1 the entry into force of the Court judgment on the legal person's termination of the insolvency proceedings, if the legal person of the insolvency proceedings shall not be given; 7.2. the entry into force of the Court decision on the application for abandonment proceedings without guidance, is over the specified period of deficiencies, and they are not correct; 7.3. the entry into force of the Court decision on the refusal to accept the application of the insolvency proceedings; 7.4. vendors are sent a notice of the claims of creditors of the settlement plan, if the legal person of the insolvency proceedings are financed from the resources of the debtor; 7.5. the reconciliation deadline expired message on things, if vendors decided to continue the legal personality of the insolvency process, using different sources of financing. 8. If the creditor who submits an application for insolvency proceedings, require a deposit to be paid on the basis that the legal entity insolvency proceedings are financed from the resources of the debtor, the rules referred to in paragraph 6, an application accompanied by legal person of the insolvency costs and the claims of creditors of the settlement plan, as well as a report on the implementation of this plan. 9. If the creditor who submits an application for insolvency proceedings, require a deposit to be paid on the basis that the creditors have decided to continue the legal personality of the insolvency process, using different sources of financing, the provisions referred to in paragraph 6, an application accompanied by the following documents: report on property 9.1 in the absence of the debtor company; 9.2. the agreement on the financing of the insolvency proceedings (insolvency law 168. the third part of the article) or other documents certifying that the legal person of the bankruptcy process will continue after receipt of the report on the absence of the debtor's property company. 10. If the legal entity insolvency proceedings handed down in accordance with the debtor's insolvency application, this provision referred to in paragraph 6, an application shall be submitted to the administrator in insolvency administration (annex 2). Deposit account in favour of the debtor, that the administrator used by legal persons declaring insolvency proceedings to legal persons of the termination of the insolvency proceedings. 11. The provisions of paragraph 10, in the case referred to in the application for deposit shall submit to the administrator of the cost of insolvency administration after the legal person of the insolvency proceedings. 12. Decision concerning the deposit cost insolvency administration adopt a month after the rule mentioned in paragraph 6 of the application and the receipt of relevant documents. 13. If, in accordance with the insolvency of several vendor applications, the proposed use of legal persons to the insolvency process is United in one proceedings and insolvency law deposit to the extent payable to the administrator for each insolvency proceedings the applicant paid the deposit part shall be determined by subtracting from the total amount of the deposit paid to the insolvency law article 62 provided for in the first subparagraph the amount of deposit and the remaining amount of the insolvency process the number of applicants. 14. within 15 days after the rules referred to in paragraph 12 of the contested decision, the end of the period of insolvency administration transferred the deposits to the rule referred to in paragraph 6, the account specified by the application.
IV. Deposit of legal entity insolvency administrator 15. Insolvency administration based on the administrator's application (annex 3), the law of insolvency in the cases laid down in the decision on the costs of the deposit. 16. the Administrator shall be entitled to deposit, if he is registered with the State revenue service as a tax payer. 17. The provisions referred to in paragraph 15 of the administrator an application accompanied by a report on the absence of the debtor's property.
18. The provisions referred to in paragraph 15 of the application submitted by the administrator in the insolvency of the debtor by the Administration after the defeat of the public record. 19. If the debtor's assets, the amount of which is less than the deposit amount, the deposit payable to the administrator share shall be determined by subtracting from the insolvency law, the first subparagraph of article 62 of the prescribed deposit amount of the amount of the debtor's property that is specified in the report on the absence of the debtor's property. 20. This provision, paragraph 19, in the case referred to in the remaining sum of money payable to insolvency proceedings the applicant who lodged a deposit. 21. The decision on the deposit cost insolvency administration adopt the month after the rules referred to in point 15 of the application and the receipt of relevant documents. 22. within 15 days after the rules referred to in paragraph 15 of the contested decision, the end of the period of insolvency administration transferred deposit administrator on this rule referred to in paragraph 15 of the account specified by the application, but this paragraph 20 of the rules in the case referred to in the insolvency proceedings the applicant to the provision of paragraph 15 referred to the application of the insolvency proceedings in the applicant's account. V. deposit payment to the State budget in 23. If the insolvency proceedings the applicant one year after these regulations referred to in paragraph 7 of the accession or administrator after that rule 11. or circumstances referred to in paragraph 18 of the onset of insolvency in the Administration did not submit the application for deposit, the cost of insolvency administration is responsible for the transfer of the said deposit of State budget revenues. 24. the insolvency administration provides transfer of deposit in the national budgetary revenue within three months: 24.1 receiving the ruling. The insolvency law 62 in the fifth subparagraph of article cases; 24.2. This provision 23. the expiry of the period referred to in paragraph 23 of these rules in the cases referred to in paragraph.
Vi. Deposit costs of physical persons in the insolvency proceedings 25. Insolvency administration, based on an individual's application (annex 1), in the month following receipt of the application, shall take a decision on the deposit cost in the following cases: 25.1. the entry into force of a court ruling on an individual's termination of the insolvency proceedings, if an individual's insolvency proceedings shall not be given; 25.2. the entry into force of the Court decision on the application for continuation of proceedings without guidance, is over the specified period of deficiencies, and they are not correct; 25.3. the entry into force of the Court decision on the refusal to accept the insolvency application. 26. The provisions referred to in paragraph 25, the application shall be submitted by the natural person bankruptcy administration after that rule 25 of the cases referred to in paragraph.

27. the insolvency administration based on the administrator's application (annex 3) and the decision of the Court on the individual's completion of the bankruptcy proceedings, in the month following receipt of the application, shall take a decision on the deposit cost administrator. 28. The rules referred to in paragraph 27, the application shall be submitted by the administrator in insolvency administration by natural persons of the completion of the bankruptcy proceedings. 29. within 15 days of the rule referred to in paragraph 27 of the decision to transfer the administration of the insolvency administrator to this provision of the deposit of the application referred to in paragraph 27 of the specified account. VII. Closing questions 30. Be declared unenforceable in the Cabinet of 26 October 2010 regulations No 992 "procedure for payment and paid to the legal entity insolvency deposit of legal entity insolvency proceedings" (Latvian journal, 2010, 2013, 172. No; 215. no). 31. the deposit, which up to this date of entry into force of the provisions has joined the Cabinet of 26 October 2010 No. 992 of the provisions of the "procedure for payment and paid to the legal entity insolvency deposit of legal entity insolvency proceedings" referred to in paragraph 6.2. deposit costs basis, paid to those provisions. 32. the rules shall enter into force on 1 March 2015. The Prime Minister is the Minister of Justice of Rashness Newsletters site-cultural Minister Carol Melbārd of annex 1 of the Cabinet of Ministers on 24 February 2015 regulations No 88 of insolvency proceedings the applicant's deposit costs sample application to the insolvency practitioner applicant (natural persons-name, surname, personal code; legal persons – company name, registration number) application for deposit cost 1. Court of Justice (name) on (date) the decision in case No.  proposed (first name, last name, ID number, address of residence/business name (name), registration number location (legal address)) the insolvency process.
 2. the Court of Justice (name) on (date) the ruling in case No.  end thing for (first name, last name, ID number, address of residence/business name (name), registration number location (legal address)) the insolvency process. 3.1 with (name) on (date), case No. the debtor (business name, registration number, the location (legal address)) is given legal entity insolvency proceedings. 2 4. on the basis of article 62 of the law of insolvency in the fourth subparagraph of article 129/fourth part, please pay the deposit ___ _____ (_____ _____ _____). 5. The assigned funds please transfer to the following account: the insolvency practitioner applicant (natural persons – name, surname; legal persons-firm (name)) unified registration number/ID number the Bank Bank code account number: in the annex, the insolvency practitioner applicant (paraksts3) (datums3) notes. 1 fill out, if insolvency proceedings requires the applicant to pay the deposit, on the basis that the termination thing about physical/legal entity insolvency proceedings. 2 fill out, if insolvency proceedings requires the applicant to pay the deposit, on the basis that the legal person of the insolvency proceedings are financed from the resources of the debtor or the creditors decided to use other sources of financing. 3 the document properties in the "signature" and "date" does not fill in, if an electronic document is drawn up according to the law on electronic document design. In place of the Minister of Justice, Minister of culture Melbārd DACE annex 2 Cabinet 24 February 2015 regulations No 88 of the insolvency practitioner costs application deposit a sample of the insolvency administrator (first name, last name, certificate number, site address, phone) application for deposit cost 1. Court of Justice (name) on (date), case No.   the debtor (business name, registration number, the location (legal address)) is given legal entity insolvency proceedings.
2. on the basis of article 62 of the law of insolvency in the second part, please pay the deposit ___ _____ (_____ _____ _____ _____). 3. The assigned funds please transfer to the following account: a debtor (business name (name), location (legal address)) unified registration number the Bank Bank code account number: in the annex, the insolvency practitioner (signature) (date) Note. The document properties in the "signature" and "date" does not fill in, if an electronic document is drawn up according to the law on electronic document design. In place of the Minister of Justice, Minister of culture Melbārd of DACE Appendix 3 Cabinet 24 February 2015 regulations No 88 of the insolvency practitioner costs application deposit a sample of the insolvency administrator (first name, last name, certificate number, site address, phone) application for deposit cost 1. Court of Justice (name) on (date), case No.   the debtor (name, surname, personal code, address of residence/business name (name), registration number location (legal address)) has declared insolvency legal person/natural persons completed bankruptcy proceedings.
2. on the basis of the insolvency law 62. the third paragraph of article/129. the third paragraph of article, please pay the deposit ___ _____ (_____ _____ _____). 3. The assigned funds please transfer to the following account: the insolvency practitioner (name, certificate number, site address, phone) ID code unified registration number the Bank Bank code account number 4. Insolvency process applicant data: 1 the insolvency practitioner applicant (natural persons – name, surname;   legal persons-firm (name)) unified registration number/ID number the Bank Bank code specified in the vendor claims settlement account number: in the annex, the insolvency practitioner ('s signature2) (date2) notes. 1 fill the Cabinet on 24 February 2015 rule no. 88 "procedure for payment and paid a deposit of legal and natural persons in the process of insolvency" 19 and 20 in the case referred to in paragraph. 2 document properties in the "signature" and "date" does not fill in, if an electronic document is drawn up according to the law on electronic document design. In place of the Minister of Justice, Minister of culture Melbārd of DACE