Bankruptcy Act

Original Language Title: Faillissementswet

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Law of 30 September 1893, on the bankruptcy and the surséance of payment

In the name of Her Majesty, WILHELMINA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc. We EMMA, Queen-Widow, Regentes of the Kingdom;

Allen, who will see these or read hooren, saluut! do n' t know:

We have taken into consideration the fact that the legal provisions on bankruptcy and the surisation of the payment of the payment require revision;

So it is that we, the Council of State, and with the mean consults of the States-General, have found and understand, as We approve, and understand the following:


Title I. Bankruptcy

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First department. Declaration of bankruptcy

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Article 1

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  • 1 The debtor, who is in the position of having ceased to pay, shall be declared bankrupt, either on his own own declaration or at the request of one or more of his creditors, in the case of bankruptcy.

  • 2 The bankruptcy statement may also be pronounced, for reasons of public interest, at the request of the Public Prosecutor ' s Office.


Article 2

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  • 1 The declaration of bankruptcy shall be made by the court of domicile of the debtor.

  • 2 If the debtor has gone outside the Kingdom of Europe, the court shall be the jurisdiction of the court of his last place of residence.

  • 3 With respect to associates of one firm, the court, within whose jurisdiction the office of the company is established, shall be responsible.

  • 4 If the debtor is not domicile within the State of the European Union but has an occupation or business in Europe, the court shall be competent to have an office within the area of whose jurisdiction it is situated.

  • 5 In the case of the third or fourth paragraph by more than one court competent to that effect, the declaration of bankruptcy shall be delivered on several days, only the first judgment given shall be of legal effect. If the ruling of several courts took place on the same day, then only the court ' s ruling, which was in the Law of 10 August 1951, Stb. It's the first to be mentioned, legal effects.


Article 3

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  • 1 Where a request for a declaration of bankruptcy is a natural person and he has not filed an application for the application of the debt restructuring scheme, Title III , the Registrar shall forthwith inform the debtor by letter of the fact that, within 14 days of the date of transmission of that letter, he/she shall submit a petition as referred to in Article 30 (1) of the Article 284 can submit.

  • 2 The examination of the request for a declaration of bankruptcy shall be suspended until the time limit laid down in the first paragraph has expired.


Article 3a

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  • 1 If a request for a declaration of bankruptcy and a request to state the application of the debt restructuring scheme referred to in Title III are pending at the same time, the latter shall be treated first.

  • 2 The examination of the request for a declaration of bankruptcy shall be suspended until the judgment has been given in force on the application for the application of the debt restructuring scheme.

  • 3 The request for declaration of bankruptcy shall be cancelled by the judgment in the final application of the debt restructuring scheme.


Article 3b

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The Articles 3 and 3a continue to be excluded where a declaration of bankruptcy is a debtor in respect of whom the debt restructuring scheme is applicable.


Article 4

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  • 1 The declaration of declaration of bankruptcy shall be made and the request lodged at the Registry and with most urgent care in the hearing room. The Public Prosecutor's office is heard on that. If the declaration for declaration of bankruptcy is made by a natural person, the Registrar shall inform the Registrar thereof that he is, without prejudice to: Article 15b, first paragraph , a petition as referred to in Article 284 can submit.

  • 2 A debtor who is married or has entered into a registered partnership may make a declaration only with the assistance of his spouse registered as a registered partner unless each community exists between the spouses of the registered partner. registered partners, is excluded.

  • 3 The declaration must include the name and the place of residence of each of the principal members of the undertaking in respect of a company.

  • 4 The declaration or the request for a declaration of bankruptcy shall contain information such as to enable the court to assess whether he or she is to have jurisdiction under the Regulation, cited above, Article 5, third paragraph .

  • 5 The judgment of the declaration of bankruptcy shall be delivered in open court and shall be in stock, at the minute enforceable, notwithstanding any provision of provision for that purpose.


Article 5

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  • 2 The first paragraph shall not apply to an appeal lodged against a decision of the Judge-Commissioner, authorising the liquidator to terminate a contract of employment.

  • 3 Petitions at the end of Article 33 of the EEC Treaty Regulation (EC) 1346/2000 The Council of the European Union of 29 May 2000 on insolvency proceedings (PbEG L 160) is submitted by a lawyer.


Article 6

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  • 1 The court may order that the debtor be called upon to be heard in person or by an agent. The Registrar shall prescribe the procedure in the manner in which it is to be determined by a general rule. A main proceedings have been opened outside the Netherlands on the basis of Article 3, first paragraph, of the Article 5, third paragraph The Registrar shall forthwith inform the liquidator in the main proceedings of the application under notification that he may make known his views within a period prescribed for that purpose by the court.

  • 2 If the debtor, who has been summoned to be heard, married or entered into a registered partnership, his spouse shall be entitled to appear in a person or by an authorised representative.

  • 3 The declaration of bankruptcy shall be declared, if the existence of facts or circumstances proves to be summary, that the debtor is in the condition that he ceased to pay, and, if a creditor makes the request, of the entitlement of the latter.

  • 4 The Netherlands courts grant his jurisdiction to the Article 5, third paragraph If that regulation is to be adopted, the declaration of bankruptcy shall state whether it is a main proceedings or a territorial procedure within the meaning of the Regulation.


Article 7

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  • 1 Pending investigation, the court may grant the applicant, on request, leave to seal the estate. It may attach to it the guarantee condition to an amount to be determined by it.

  • 2 The seal shall be made by means of a notary to be indicated on such leave. Outside the seal, things remain Article 21 A brief description shall be included in the report.


Article 8

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  • 1 The debtor, who has been declared bankrupt in the state of bankruptcy, has, after hearing the application for a declaration of bankruptcy, a right of appeal for eight days after the day of the ruling.

  • 2 If he has not been heard, he shall be entitled to resistance for fourteen days from the day of the ruling. If, during the ruling, he is not within the Kingdom of Europe, that period shall be extended to one month.

  • 3 Of the judgment, delivered on the objection, he may be brought up for eight days, after the day of the ruling.

  • 4 The appeal or appeal shall be lodged at the Registry of the court of law, which must take note of the case. The chairperson shall prescribe the day and the hour before the treatment. No later than the fourth day following that on which he has submitted his application, the debtor of the opposition or appealed appeal, as well as of the time for the treatment, shall be determined by the case of bailies to the lawyer, who shall be The request for a declaration of bankruptcy has been notified.

  • This notification shall apply to summoning of the creditor, who shall have provoked the declaration of bankruptcy.

  • 6 The treatment shall be carried out in accordance with Article 4 Prescribed.


Article 9

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  • 1 Where the declaration or application for bankruptcy declaration is rejected, the appeal shall be subject to the right of appeal for eight days from the date of the rejection.

  • 2 The same shall apply in the event of the destruction of the declaration of bankruptcy as a result of resistance, in which case of appeal by the Registrar of the Court of Justice, which shall be notified without delay to the Registrar of the Court of Justice of the European Union. destruction has been pronounced.

  • 3 The institution and treatment of the appeal shall be made in accordance with the procedures laid down in the Articles 4 and 6 Prescribed.


Article 10

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  • 1 Any creditor, other than those who requested the declaration of bankruptcy, and any interested party, shall have the right to oppose the declaration of bankruptcy for eight days following the day of the ruling.

  • 2 The objection shall be lodged at the Registry of the Court of First Instance, which has delivered a declaration of bankruptcy, in the case of a petition.

  • 3 The Chairman shall prescribe the day and the hour before the treatment. No later than the fourth day following that on which he has submitted his application, the applicant shall notify the debtor and, if the case may be, by the applicant of the opposition and of the time for the treatment. a creditor declaration has been requested by a creditor, including the lawyer, who submitted the request for bankruptcy on his behalf.

  • 4 This notification shall apply to summoning the debtor and that creditor.

  • 5 The treatment shall be carried out in accordance with Article 4 Prescribed.


Article 11

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  • 1 The creditor or the person concerned, whose appeal referred to in the previous article has been rejected by the court, shall have the right of appeal for eight days following the day of the rejection.

  • 2 The same applies, in the event of the destruction of the declaration of bankruptcy, by the court as a result of that opposition, to the debtor, the creditor, who requested the declaration of bankruptcy, and the Office of the Public Prosecutor, in which case the Court of Justice shall, in any event, be Second paragraph of Article 9 is applicable.

  • 3 The institution and treatment of the appeal shall be made in accordance with the procedures laid down in the Articles 4 and 6 Prescribed.

  • 4 The appeal has been made to the court of justice, then appeal is ruled out.


Article 12

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  • 1 Of the judgment handed down by the court, the debtor, the creditor who applied for the bankruptcy statement, may de- Art. 10 The creditor or person concerned and the prosecutor's office shall be held in cassation for eight days following the day of the ruling.

  • 2 The appeal in cassation shall be applied and treated in the manner in which the appeal is made to Articles 4 , 6 and 8 Determined.

  • 3 If cassation is directed against a judgment, annulation of the declaration of bankruptcy, the Registrar of the High Court of Appeal shall immediately inform the Registrar of the Court of Justice of the order to which the Court of Cassation pronounced.


Article 13

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  • 1 If, as a result of resistance, appeal or cassation, the declaration of bankruptcy is destroyed, the debtor shall nevertheless remain valid and binding on the debtor before or on the day of the proceedings, to which the requirement to announcement according to Article 15 is satisfied.

  • 2 Pending the resistance, appeal or cassation no consultation on an agreement cannot be held, nor shall the assets be settled out of the debtor's consent.


Article 13a

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If the declaration of bankruptcy is destroyed, the cancellation of a contract of employment by a liquidator, by way of derogation from Article 13, first paragraph , with retroactive effect from the statutory or agreed rules applicable to non-bankruptcy, except that the time limits set out in the Article 686a, 4th paragraph, of Book 7 of the Civil Code , commence at the time of the destruction of the bankruptcy.


Article 14

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  • 1 The verdict of bankruptcy statement holds in the appointment of one of the members of the court to Judge commissioner in bankruptcy, and the appointment of one or more curators. The court ruling in the bankruptcy statement also, in the judgment, also gives the receiver a charge of opening up to the insolvent-focused letters and telegrams. The court shall state on the judgment the time of the bankruptcy statement to be precise to the minute.

  • 2 Of the declaration of bankruptcy shall be notified without delay by the Registrar to the postal transport undertaking or postal transport undertakings designated as a universal postal service provider, as well as to other registered postal transport undertakings; Intended in the Postal Act 2009 Notification shall be made of the burden referred to in the preceding paragraph.

  • 3 An extract from the judgment of bankruptcy statement, indicating the name, residence or office and the appeal of the failings, of the name of the Judge Commissioner, of the name and residence or office des curators, of the date of appeal and of the name, occupation and residence or office of any member of the provisional committee of the creditors, if any, shall be placed in the liquidator without delay; Netherlands State Gazette .

  • 4 At the request of a liquidator in an insolvency proceedings on the basis of Article 3, first or second member, of the Article 5, third paragraph , that Regulation shall forthwith inform the Registrar of the Court of The Hague in the Official Journal of the European Union of the information referred to in Article 21 of that Regulation. Such notification shall in any event take place where the debtor in the Netherlands has an establishment within the meaning of Article 1 (h) of the regulation referred to in the first sentence. The information referred to in the first sentence shall be supplied to the Registrar in the English, English, German or French languages.


Article 15

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  • Once a declaration of a declaration of bankruptcy has been destroyed as a result of resistance, appeal or cassation, and in the two first cases the time limit for appeal or in cassation has elapsed without the use of which has been used, shall be the Registrar of the Court of Law, which has declared the destruction, of that judgment given to the liquidator and to the postal transport undertaking or to the postal transport undertakings designated as a universal postal service provider, as well as to the Other registered postal services of the postal service, intended in the Postal Act 2009 .

  • 2 Equal notice shall be made, in case of destruction of a judgment of bankruptcy, appeal or cassation, to the Registrar of the Court of Appeal of the Registrar of the Court of Justice.

  • 3 The court, which shall decide on the destruction of a declaration of bankruptcy, shall also determine the amount of the insolvency costs and of the salary of the curators. He shall pay that amount to the person who applied for the declaration of bankruptcy of the debtor or both of the debtor, or of the debtor in the relationship to be determined by the court. No appeal shall be opened against that decision. A warrant for enforcement shall be issued for the purpose of the liquidator.


Article 15a

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Where a declaration of bankruptcy or in cassation is dismissed by the annulment of a judgment or a judgment, rejecting the declaration or application for a declaration of bankruptcy, the Registrar of the Court of Law shall declare that the declaration of bankruptcy shall be held in order to enable him to state that it is notified of that judgment to the Registrar of the Court of Justice, the declaration or application being filed.


Article 15b

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  • 1 If it is not reasonable to consider that the failures attributable to him are circumstances within the time limit specified in the Article 3, first paragraph , no application for the application of the debt restructuring scheme has been filed or if the bankruptcy has been declared on its own declaration by the debtor, the court may, until the verification meeting is held or, if the verification meeting remains non-automatic, until the Judge-Commissioner takes the decisions referred to in Article 137a, first paragraph , at the request of the bankrupt, has ordered that the application of the debt restructuring scheme be given at the same time as the application of the debt restructuring scheme Title III .

  • 2 The failure to do so will be addressed in a petition as referred to in Article 284 turn to the court in which the declaration or request for a declaration of bankruptcy was lodged. The Third paragraph of Article 284 does not apply.

  • 3 The first paragraph shall not apply:

    • a. if the bankruptcy was pronounced while the debt restructuring scheme was applicable to the debtor;

    • b. If the debtor is in a state of bankruptcy by termination of the application of the debt restructuring scheme;

    • c. if the bankruptcy is declared on the basis of Article 340, fourth paragraph .

  • 4 Before deciding on the court, the court can call on the failsafe, the judge commissioner and the curator to be heard. Article 6, second paragraph , is applicable.

  • 5 Upon assignment of the request, the court shall decide on the final application of the debt restructuring scheme.

  • 6 The Registrar shall notify the termination of the bankruptcy of the notice prescribed in the notice of Article 293 . If in bankruptcy according to bankruptcy Article 108 already the time for the verification meeting was determined, and it will also be communicated in that notice that the verification meeting will not be held.


Article 15c

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  • 1 The judgment, ruling on the removal of the bankruptcy and the application of the debt restructuring scheme, may not be brought by creditors or by other interested parties.

  • 2 If the application of the debt restructuring scheme has not been pronounced, the law of appeal shall have the right of appeal for eight days from the day of the ruling. The appeal shall be lodged with a petition to be lodged at the Registry of the Court of Justice, which must take note of the matter. The Registrar of the Court of Justice shall immediately inform the Registrar of the Court of Justice of that submission.

  • The President shall prescribe the day and the hour immediately prior to the examination, which shall take place within 20 days of the date of submission of the application. The judgment shall not take place later than the eighth day following that of the proceedings of the application for the hearing. Notice of the judgment of the Court of Justice shall be communicated by the Registrar to the Registrar of the Court of Justice without delay.

  • 4 If the court upholds the bankruptcy, the debtor may be in cassation for eight days after that of the ruling. The appeal in cassation shall be lodged with a petition to be lodged at the Registry of the High Court. The chairperson shall prescribe the day and the hour before the treatment. The Registrar of the Hoge Raad shall immediately inform the Registrar of the Court of Justice of the appeal in cassation and of the judgment of the Supreme Council.

  • 5 As long as they are not covered by the application Article 15b, second paragraph , is decided and, if the debt restructuring scheme is not pronounced, pending the appeal or the cassation, no consultation may be made on an agreement in the bankruptcy or be transferred to the creditors.


Article 15d

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  • 1 If the bankruptcy is removed under the simultaneous pronouncing of the application of the debt restructuring scheme, the following rules apply:

    • (a) operations carried out by the liquidator during the bankruptcy shall remain in force and be binding;

    • b. Debt liabilities arising during the bankruptcy are also included in the debt restructuring scheme as bank debts;

    • c. Claims filed in the bankruptcy are as submitted in the Debt Restructuring Scheme.

  • 2 The date on which the time limits set out in the Articles 43 and 45 commence, shall be calculated from the date of the declaration of bankruptcy.


Article 16

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  • 1 If there is insufficient benefit for the payment of bankruptcy and other debts, the court may, on a proposal of the Judge-Commissioner and after the committee of the creditors, be heard, the free treatment, either, after hearing or due notice of the insolvent, and in this case by order to speak publicly, the removal of the bankruptcy.

  • 2 The court, which orders the removal of bankruptcy, also lays down the amount of the insolvency costs and, if so, of the salary of the liquidator. He shall pay the amounts to be charged to the debtor. They shall be paid by priority over all other debts.

  • 3 No legal remedy shall be open against that finding. A warrant for enforcement shall be issued for the purpose of the liquidator.

  • 4 By way of derogation from the provisions of paragraph 2, the costs of publications ordered under this Title shall be borne by the State in so far as they cannot be satisfied from the estate. The Registrar of the Court of Justice which ordered the removal shall be responsible for the satisfaction of the amount to be determined by the court of the State.


Article 17

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The order for the free handling of the insolvency proceedings shall be waived by the Registry.


Article 18

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The order, called for the removal of bankruptcy, is made public in the same way as the declaration of bankruptcy, and the debtor and creditors can defend themselves in the same way and within the same time limits, as is determined in respect of the judgment, where a declaration of bankruptcy is refused. If, after such termination, redeclaration or-within three years-declaration of bankruptcy is made, the debtor or the applicant is obliged to show that there is sufficient benefit to reduce the cost of the bankruptcy. combat.


Article 19

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  • 1 In any court, a public register shall be kept by the Registrar, in which, for each bankruptcy, he shall register successively, by reference to the date of the day, the following:

    • 1 °. an extract from the judgments of the court, declaring the declaration of bankruptcy as to whether the excrudation has been removed from the court;

    • 2 °. the summary content and the homologation of the agreement;

    • 3 °. the dissolution of the agreement;

    • 4 °. the amount of the divisions in the case of liquidation;

    • 5 °. the removal of bankruptcy under Article 15b or Article 16 ;

    • 6 °. the rehabilitation.

  • 2 The form and content of the register shall be subject to detailed rules by us on a general measure of administration.

  • 3 The Registrar is obliged to provide an extract therefrom on each free inspection of the register and against payment.

  • 4 The Registrar shall forward to the Minister of Justice or any other body designated by a general measure the information referred to in paragraph 1 below 1 ° to 6 °, for the purposes of the Article 19a Said Central Register.


Article 19a

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  • 2 In the case of the form and content of the register, detailed rules shall be laid down by a general measure of administration.

  • 3 Each person shall have access to the register free of charge, and may obtain an extract from it against payment.


Article 19b

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In the case of: Article 14 (4) The Registrar of the Court of The Hague, in respect of the insolvency proceedings referred to therein, is entered in the register provided for in this Regulation. Article 19, first paragraph , as well as in the Central Register, referred to in Article 19a, first paragraph .


Second department. Of the effects of the declaration of bankruptcy

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Article 20

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The bankruptcy includes the entire assets of the debtor at the time of the declaration of bankruptcy, as well as the assets which it acquires during the bankruptcy proceedings.


Article 21

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However, outside of bankruptcy:


Article 22

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In the previous article, 'insolvent' is understood to include the spouse or registered partner of the person married in any community of goods as a partner registered as a partner.


Article 22a

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  • 1 In respect of a contract of life insurance other than the estate:

    • (a) the right to purchase a life insurance scheme in so far as the beneficiary or policy-holder is unfairly disadvantaged by sale;

    • (b) the right to modify the beneficiary, except where the change is made for the purposes of the estate and the beneficiary or the policy-holder is not unduly penalised as such;

    • c. the right to ring the insurance.

  • 2 For the purpose of exercising the right of purchase and the right to modify the beneficiary, the liquidator shall have the permission of the Judge-Commissioner, who shall, if necessary, determine the amount of such rights to be exercised. Only with written consent of the policyholder is the receiver responsible for the transfer of the insurance.

  • 3 If the receiver has changed the beneficiary, this amendment shall expire with the termination of the bankruptcy.

  • 4 If the beneficiary becomes irrevocable after the declaration of bankruptcy, this irrevocability shall not be relied upon against the estate. The insurer shall be obliged to pay a benefit to which the benefit relates. To the extent that it is established that the beneficiary will not be subject to change, the first and second sentences shall remain outside the scope of the application. With regard to the beneficiary Article 69 applicable mutatis mutandis.

  • 5 By way of derogation from the second sentence of the fourth paragraph, the insurer may make a payment to the beneficiary against the estate in so far as the liquidator does not prove that the insurer was aware of the bankruptcy or bankruptcy at the time of payment; or a charge of the policy-holder preoccupied. In that case, the receiver shall have a story on the beneficiary.


Article 23

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By reason of the declaration of bankruptcy, the debtor shall be deprived of the decision and management of his funds to the bankruptcy, including the day on which the declaration of bankruptcy was declared, including that day.


Article 24

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In the case of commitments from the debtor, after the declaration of bankruptcy, the assets shall not be held liable to the extent that they have been extingued.


Article 25

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  • 1 Legal claims, which are subject to rights or liabilities to the bankrupt estate, shall be established both against and by the liquidator.

  • 2 If, by or against the insolvent imposed or continued, she has a conviction of the insolvent as a result of the insolvent, that conviction against the insolvent estate has no legal force.


Article 26

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Legal claims, which aim to achieve satisfaction of a commitment from the estate, can also run counter to the failsafe during bankruptcy on no other than one in Article 110 certain procedures are to be set.


Article 27

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  • (1) If the action is brought in the course of the declaration of bankruptcy and is brought by the debtor, the proceedings shall be suspended for the purpose of giving the defendant, in order to give such an opportunity, within a time limit to be determined by the court. calling for the transfer of the proceedings.

  • 2 If it does not give effect to that convocation, the defendant shall have the right to resign from the authority; failing that, the proceedings between the insolvent and the defendant may be continued, without objection to the estate.

  • 3 Also without being called upon, the receiver shall be entitled to take over the process at any time and to make the failure of the proceedings to be held outside the proceedings.


Article 28

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  • 1 If the action is brought against the debtor in the course of the declaration of bankruptcy, the claimant shall be entitled to apply for suspension in order to appeal to the liquidator within a time limit to be determined by the court.

  • 2 By making his appearance, this one takes over the process and is the failure of law outside the proceedings.

  • 3 If the liquidator appears in a statement immediately in the demand, the costs of the counterparty are not to blame for the costs of the proceedings.

  • 4 If the liquidator does not appear, the judgment shall be the provision of the judgment to be obtained against the insolvent. Second paragraph of Article 25 Not applicable.


Article 29

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To the extent that legal claims pending during the declaration are satisfactory, the object of the proceedings shall be suspended after the declaration of bankruptcy so as to proceed only if the verification of the application is satisfied. is disputed. In this case, he, who does the dispute, is in the place of the insolvent, party to the proceedings.


Article 30

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  • 1 If, before the declaration of bankruptcy, the documents of the proceedings have been submitted to the court, the documents shall be the subject of a declaration. Second paragraph of Article 25 and the Articles 27-29 Not applicable.

  • 2 The Articles 27-29 shall be reinstated if the proceedings before the court or tribunal are pending as a result of his decision.


Article 31

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If a dispute is held by or against the liquidator, or in the case of Article 29 continue against a creditor, the liquidator or the creditor may be relied upon by the liquidator in the proceedings, by the debtor before his declaration of bankruptcy, in such a way as to prove that those acts are to be used by the debtor in the proceedings; the creditors, disknowingly, have disadvantaged and that this was known to his counterpart.


Article 32

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The Articles 27 to 31 shall be applicable mutatis mutandis in respect of legal proceedings relating to a right or right which has been the subject of management and decision by the debtor through the opening of a in the Netherlands pursuant to Article 16 of the Regulation, Mentioned in Article 5, third paragraph , in the event of insolvency proceedings to be recognised, if it is a winding-up procedure within the meaning of Article 2 (c) of that Regulation.


Article 33

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  • 1 The declaration of bankruptcy has the effect that all judicial enforcement in any part of the debtor's assets, before the bankruptcy, is brought to an end, and that, at the same time, no Judgment in the case of a compulsion may be executed.

  • 2 Herds have expired; the registration of a corresponding statement by the Judge-Commissioner authorises the depositary of the public records to be removed from the register. The herd lives on as soon as the bankruptcy comes to an end as a result of the destruction or the liquidation of the bankruptcy, provided that the estate is still in the business of the estate. If the entry of the herd has been deleted in the public registers, the revival shall lapse if an expend has not been registered within 14 days of the revival, with a communication to the debtor of the revival.

  • 3 If the debtor is held hostage, he shall be dismissed as soon as the declaration of bankruptcy statement has been declared in force of res judiced, subject to the application of Article 87 .

  • Article 4 The provisions of this Article shall not apply to judgments, orders and authentic instruments which have the effect of making a payment of sustenance, under the conditions laid down in Article 2 (1), Book 1 of the Civil Code including the payment due for the care and education of a minor and for the maintenance and study of an adult who has not reached the age of one and twenty years has been ordered or committed, and (a) Decisions, whereby a benefit is Article 85 (2) of Book 1 of the Civil Code is ordered by one partner to the other partner, has been ordered, as well as decisions on the basis of section 6.5 of the Participating Act .


Article 33a [ Expired by 01-01-1978]

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Article 34

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If, prior to the debtor's bankruptcy, the goods had been recovered so far, that the date of the sale had already been determined, the liquidator, at the authority of the Judge-Commissioner, may leave the sale for account of the estate. Go on.


Article 35

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  • 1 If, on the day of the declaration of bankruptcy, not all the operations necessary for a delivery by the debtor have taken place, the delivery may not be valid anymore.

  • 2 If the debtor delivered a future good in advance for the day of the declaration of bankruptcy, it is good, if it was obtained by him after the beginning of that day, in the estate, unless it is still to produce standing fruit or vegetables. plantations that have already been issued to the debtor under a commercial law or a lease or lease contract for the bankruptcy declaration.


Article 35a

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If a beding as intended Article 252 of Book 6 of the Civil Code On the day of the declaration of bankruptcy not yet entered in the public registers, the liquidator may, in respect of which it was made, free from the clause in accordance with the rules of procedure laid down in Article 19 (2) of the Directive. Articles 101 or 176 Sales.


Article 35b

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A gift, made by the debtor under a suspensive condition, or a suspensive period of time, which had not yet been completed or appeared on the day of the declaration of bankruptcy, may not grant the endowed general law against the estate.


Article 36

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  • 1 Where a limitation period in respect of a legal claim, as referred to in Article 26 , would expire during the bankruptcy, or within six months of the end of that period, the period will continue until six months after the end of the bankruptcy.

  • 2 The first paragraph shall apply mutatis mutandis to the automatic extension of the due time limits.


Article 36a

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Where a period prior to the declaration of bankruptcy pursuant to: Article 55, second paragraph, of Book 3 or Article 88 of Book 6 of the Civil Code At the time of the declaration of bankruptcy, the debtor had not yet passed the period of time, the period expires insofar as it is reasonably necessary to enable the liquidator to determine his position. The other party may set the liquidator a new reasonable period for that purpose.


Article 37

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  • (1) If a reciprocal agreement has not been complied with, both by the debtor and by his other party at the time of the declaration of bankruptcy, or in part, both by the debtor and by the debtor, and the receiver is not in a position to do so in writing by the liquidator. The liquidator shall, for its part, lose the right to advance the agreement in order to comply with the agreement.

  • (2) If the liquidator declares himself willing to comply with the contract, he shall be obliged to lodge a security with that declaration for that fulfilment.

  • 3 The preceding paragraphs shall not apply to contracts where the failed only undertakings in respect of acts to be carried out by him have been undertaken.


Article 37a

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In the case of claims made by the other party for the dissolution or destruction of a contract concluded before the bankruptcy declaration with the debtor, or the object of the claim for damages in respect of a breach of the contract of bankruptcy It may act as a competitor creditor in the bankruptcy proceedings before the bankruptcy declaration has been made on such a claim.


Article 37b

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  • 1 A counterparty is not competent to fulfil its obligation arising out of an agreement to the regular supply of gas, water, electricity or heating, needed for the first life needs or for the continuation of the debtor driven company, to suspend the debtor for the debtor's failure to comply with an undertaking created before the bankruptcy declaration for payment of a sum of money, as a result of the debtor's failure to comply with the bankruptcy declaration.

  • 2 A failure by the debtor in the fulfilment of a commitment as referred to in the first paragraph, which took place before the declaration of bankruptcy, shall not provide for the termination of an agreement as referred to in paragraph 1.

  • 3 An appeal by the other party to a clause providing for bankruptcy, bankruptcy or seizure by a third party for the termination of an agreement as referred to in paragraph 1, or that such an agreement may be It shall be automatically disbanded, shall be authorised only with the right to approve the liquidator.


Article 38

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If applicable in the case of: Article 37 the supply of goods, which are traded on a long-term basis, is negotiated at a fixed date or within a specified period and that the time limit expires on the date of expiry of that period of time after the declaration of bankruptcy, the agreement is to be concluded by the bankruptcy declaration disbanded, and the reverse of the insolvent can no longer be used as a competitor creditor for compensation. If the estate is damaged by the dissolution, the other party shall be obliged to reimburse it.


Article 38a

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  • 1 If the failed merceny buyer is, both the liquidator and the seller may declare the hire purchase or ship-sale dissolved.

  • 2 This dissolution shall have the same effect as the dissolution of the contract for failure to comply with the purchaser of its obligations.

  • 3 The seller may claim the amount owed to him as a competitor creditor.


Article 39

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  • 1 If the failed tenant is, both the liquidator and the lessor may terminate the rent in the interim, provided that the denunciation is made at a time when such agreements shall end at local level. Moreover, at the time of termination, the agreed or customary period of time must be respected, provided that a period of three months will in any case be sufficient. If rental tokens have been paid in advance, the rent may not be terminated earlier, then by the day on which the forward payment, which has been made in advance, ends. From the day of the bankruptcy statement, the rental price is debt-debt.

  • 2 Where the insolvent tenant is located, the above shall be applied mutatis mutandis.


Article 40

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  • 1 Workers employed in the service of the insolvent may cancel the contract of employment and may be resold to them by the receiver of the contract of employment, subject to the agreed or statutory time limits, with the exception of the contract of employment of the contract. However, that in any case the contract of employment may be restated with a period of six weeks.

  • 2 From the day of bankruptcy, the salary and the premiums relating to the contract of employment are to be fixed.

  • 3 This Article shall apply mutatis mutandis to agency agreements.


Article 41

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  • 1 Erfenissen, during the bankruptcy of the insolvent emerging, are not accepted differently by the curator than under the privilege of book description.

  • 2 To the rejection of an estate, the liquidator is required by the judicial authority of the Judge.


Article 42

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  • 1 The liquidator may, for the benefit of the estate, be aware of any legal act which the debtor has carried out prior to the declaration of bankruptcy and of which he or she was a member of that undertaking, or to know that such an action would be taken as a result of the creditors ' failure to act. have been destroyed by an extrajudicial declaration. Article 50, 2nd paragraph, of Book 3 of the Civil Code does not apply.

  • 2 An act other than that which is either side-sided, or unilaterally and addressed to one or more specific persons, may be destroyed because of benadation only if also those with or against whom the debtor is the legal act Mr President, Mr President-in-office of the Council, Mr President-in-office of the Council, Mr President-in-office,

  • (3) If an act is not destroyed for the benefit of benadeling, the destruction in respect of the privileged, who knew neither to know nor to know that the legal act would be the consequence of the creditors, does not function, to the extent that he demonstrates that he did not benefit from the legal act at the time of the declaration of bankruptcy.


Article 43

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  • If the legal act penalising the creditors has been carried out within one year before the declaration of bankruptcy and the debtor has not already committed to that effect before the beginning of that period, the Article 42, first paragraph, first sentence The following shall be presumed to exist on both sides, except for counter-proof:

    • 1 °. in the case of contracts, where the value of the undertaking on the debtor side exceeds the value of the undertaking on the other side;

    • 2. in the case of legal acts for the satisfaction of, or guarantee of, an unpayable debt;

    • 3 °. in the case of legal acts, by the debtor who is a natural person, carries out with or against:

      • a. His spouse, his foster child, or a blood-or relative to the third degree;

      • b. a legal person in which he, his spouse, his foster child or a blood-or relative to the third degree of driver or commissioner is, or where such persons, either individually or together, are, either directly or indirectly, as a shareholder participate at least half of the subscribed capital;

    • 4. in the case of legal acts, by the debtor who is a legal person, carries out with or against a natural person,

      • a. who is a director or a commissioner of the legal person, or with or against his spouse, foster child, or blood-or relative to the third degree:

      • b. taken together with his spouse, his foster children and his blood or relatives up to the third degree, as a shareholder, participates directly or indirectly for at least half of the subscribed capital;

      • c. whose spouse, foster children or blood or relatives up to the third degree, individually or jointly, participate, directly or indirectly, for at least half of the subscribed capital, as a shareholder;

    • 5 °. in the case of legal acts, by the debtor who is a legal person, with or against another legal person, if:

      • a. one of these legal persons is the driver of the other;

      • b. a driver, natural person, of one of these legal entities, or his spouse, foster child, or blood-or relative to the third degree, is a driver of the other;

      • c. a driver, natural person, or a commissioner of one of these legal persons, or his spouse, foster child or blood-or relative to the third degree, separately or together, as a shareholder, directly or indirectly, for at least half of the subscribed capital participates in the other;

      • (d) in both legal persons, for at least half of the subscribed capital, either directly or indirectly, is attended by the same legal person, or the same natural person, whether or not with his spouse, his foster children and his blood or relatives to the third degree;

    • 6 °. in the case of legal acts, by the debtor who is a legal person, with or against a group society.

  • 2 With a spouse, a registered partner or a single life partner shall be treated as equivalent.

  • 3 The foster child means that he who has been cared for and raised as a child as his own child.

  • 4 The term 'director', 'commissioner' or 'shareholder' shall be understood to mean he who has been a director, commissioner or shareholder less than a year before the act.

  • 5 If the driver of a legal person-driver is himself a legal person, that legal person shall be treated as a person in the same legal form.


Article 45

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In the event of an act of law not having been carried out by the debtor within one year prior to the declaration of bankruptcy, it is suspected that he was aware that any disadvantage of the creditors was the result of the legal act would be.


Article 47

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The debtor ' s satisfaction of due debt can only be quashed, when it is shown, or that he who received the payment knew that the bankruptcy of the debtor was already applied for, or that the payment was had been the result of consultations between the debtor and the creditor, with the aim of favouring the latter by that payment over other creditors.


Article 48

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  • 1 Under the previous article, no recovery can be made from him which, as a holder of a paper to order or bearer, from his legal relationship to former holders, was obliged to accept payment.

  • 2 In this case, he, to whose benefit the paper has been issued, is obliged to return the sum paid by the debtor to the estate, when it is proved, or that he is at the time of issuing the paper the science mentioned in the previous article. had, or that the issue was the result of a consultation as provided for in that Article.


Article 49

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  • 1 Legal proceedings, based on the provisions of the Articles 42-48 , shall be set by the liquidator.

  • 2 Nevertheless, the creditors may, on grounds, derive from those provisions the admission of an action.


Article 50

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The termination of the bankruptcy by the homologation of an agreement shall fall within the jurisdiction of the previous article, unless the agreement provides for a separation of assets, in which case it has been prosecuted or brought in for the benefit of the creditors. The liquidators can be used by the liquidators.


Article 51

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  • 1 What has gone from the debtor's assets by the act which has been destroyed must be returned to the liquidator by those to whom the destruction works, subject to Section 2 of Title 4 of Book 6 of the Civil Society. Code.

  • 2 Rights, which are acquired by third parties in good faith other than those not obtained on the goods to be returned shall be respected. No recovery shall be carried out against a third party in good faith who has not obtained a recovery to the extent that he proves that he did not benefit from the legal act at the time of the declaration of bankruptcy.

  • 3 The receiver or value thereof shall be returned by the debtor in respect of the act which has been destroyed and shall be returned by the liquidator to the extent that the assets are disposed of by the liquidator. For the deficit, they can claim to be a creditor as a competitor to whom the destruction works.


Article 52

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  • 1 After the declaration of bankruptcy but prior to its publication, the failure to comply with the declaration of failure to comply with the obligations arising before the declaration of bankruptcy, he freed up against the estate, as long as its reputation, as such the bankruptcy declaration is not proven.

  • 2 Satisfaction, if, in the previous paragraph, after the publication of the bankruptcy declaration to the insolvent, frees up against the estate only then, when he, who did it, proves that the declaration of bankruptcy lies in his place of residence along the road of the Apart from the court's right to prove that it was known to him, legal notice could not be known yet.

  • 3 In any case, satisfaction of the failure of the debtor against the estate, to the extent that the estate was fulfilled for the benefit of the estate, is liberating.


Article 53

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  • 1 He who is both debtor and creditor of the insolvent may claim his debt with his claim on the failed reckoning, if both arose before the bankruptcy declaration or arising out of acts, before the bankruptcy declaration with the court. failed to carry out failsafe.

  • 2 The claim on the insolvent is calculated, if necessary, according to the rules in the Articles 130 and 131 ed.


Article 54

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  • 1 Nevertheless, the person who has taken over a debt to the insolvent or brought an action against the failed declaration of a third party shall not be responsible for netting if he has not acted in good faith at the time of the taking of the company.

  • 2 Claims or debts taken over may not be settled after the declaration of bankruptcy.


Article 55

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The debtor of the failed to convert his debt with a claim to order or to bearer shall be required to prove that he had obtained the paper in good faith already at the time of the declaration of bankruptcy.


Article 56

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He who is with the insolvent partenjoyed in a community whose division occurs during the bankruptcy may apply. Article 184, 1st paragraph, of Book 3 of the Civil Code desire, even if the fault of the insolvent to the community there is one under an even unfulfilled suspensrelated condition. The Articles 130 and 131 shall apply.


Article 57

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  • 1 Premises-and mortgage holders can exercise their right, as if there were no bankruptcy.

  • 2 In the case of distribution, limited beneficiaries, whose right had been established prior to the declaration of bankruptcy, may, by reason of the execution of a building or mortgage holder, have been executed by a building or mortgage holder for the right to compensation of the kind used in the contract, Article 282 of Book 3 of the Civil Code.

  • 3 In the distribution of the proceeds, the liquidator shall, for the benefit of the estate, also exercise the rights conferred by the law on attachment to the sever on the right. It is held to represent the interests of the privileged creditors who go above the abovementioned property and mortgage holders and limited beneficiaries.

  • 4 Thus a ranking is required, it is requested to the facility under the jurisdiction of the court of which the judicial commissioner is a member of the bankruptcy. The division shall be carried out before the Court of Justice, as prescribed by the Commissioner. Law of Civil Procedure .


Article 58

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  • 1 The liquidator may set a reasonable period for the property and mortgage holders to proceed to exercise their rights in accordance with the previous Article. If the property or mortgage holder has not sold the collateral within this period, the liquidator can claim the goods and apply the Articles 101 or 176 to sell, without prejudice to the right of the property and mortgage holders on the proceeds. The Chief Justice Commissioner is empowered to extend the term at the request of the property or mortgage holder one or more times.

  • 2 The receiver can pay a property or mortgage credit to the point of time of sale against the payment of the security for which the property or mortgage is secured, as well as the costs already incurred in the execution of the property.


Article 59

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If the yield is not sufficient to satisfy a building or mortgage holder or a third party whose limited right is due to the execution, he may stand up for the missing creditor in the estate.


Article 59a

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  • 3 The liquidator may set a reasonable period for those creditors to exercise their rights in accordance with the preceding paragraph. If the creditor has not sold the aircraft within this period, the liquidator may sell the aircraft. The Judge Commissioner is empowered to extend the term at the request of the creditor one or more times.

  • 4 On sale by the curator the Articles 584d and 584f-584q of the Code of Civil Procedure mutatis mutandis, except that the liquidator is to be regarded as an attachment of a claim which is not subject to any priority, and that the declaration of bankruptcy shall act as prescribed for the purpose of the proceedings; the minutes of seizure.

  • 5 In that case, the Chief Justice Commissioner may provide that a part of the general bankruptcy costs to be determined by him as the cost of execution in the sense of Article 584n of the Code of Civil Procedure will apply.

  • 6 The liquidator may discharge the aircraft to the point of time of sale, against the satisfaction of the payment due thereon, and of the costs already incurred.


Article 60

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  • 1 The creditor who has a right of lien on a case belonging to the debtor shall not lose this right by the declaration of bankruptcy.

  • 2 The case may be claimed by the liquidator and subject to the application of Article 101 or 176 shall be sold, without prejudice to priority, to the creditor in Article 292 of Book 3 of the Civil Code granted. The liquidator may also, to the extent that it is in the interests of the estate, return the case to the assets by the satisfaction of the claim for which the lien may be exercised.

  • 3 The creditor may set a reasonable period for the liquidator to proceed to the application of the preceding paragraph. If the liquidator has not sold the case within this period, the creditor may sell it by a lien or, in the case of a register, by corresponding application of the provisions relating to parate execution, that the liquidator may not be execution by a mortgage holder. The Judge Commissioner shall be empowered to extend one or more times at the request of the liquidator.

  • (4) In the case of a registry, the creditor shall, under penalty of the right of order of execution, be informed by the liquidator of his office, within 14 days of the expiry of the period referred to in the preceding paragraph, that he shall, by the end of the period of his It is an extension to be registered in the public registers.


Article 60a

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  • 1 If the assets of the failed under-rule assets belong to and have been notified by creditors for verification, which may unload those goods with the rule, the liquidator shall be the administrator of the command. claim, take and monetize under its management, insofar as it is necessary for the satisfaction of such creditors from the proceeds. By the opeising, the regime will end up on the right. The proceeds shall be distributed to those creditors in accordance with this Act, to the extent to which they have been verified. The liquidator shall, after the distribution of the proceeds, assume to the trustee, unless the other creditors can obtain under the burden of the regime the goods under government, in which case the remainder shall be determined in accordance with this law. are distributed among these last creditors.

  • 2 If only creditors who have notified themselves for verification that the goods can obtain under the burden of the regime, such goods shall be provided by the liquidator in accordance with the conditions laid down in the Annex. Articles 101 or 176 sold under that burden.

  • 3 Outside of the cases referred to in the preceding paragraphs, the goods under government shall remain outside the insolvency proceedings and shall be paid only to the liquidator in respect of which the goods have been net of fruit.

  • 4 The trustee shall be obliged to take the account and to the accounts at any time as soon as the administrator requires it.


Article 60b

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  • If, under the previous article, goods have been excluded from bankruptcy and the trustee has ceased to pay the creditors liable to pay the goods unloaded with government, the court which issued the bankruptcy may be entitled to the bankruptcy proceedings. In particular, at the request of any of those creditors who are unable to stand up for bankruptcy, the liquidator shall also bear the management of the goods and carry out their care for the purpose of the liquidation.

  • 2 The provisions on bankruptcy declaration and bankruptcy shall apply mutatis mutandis.


Article 61

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  • 1 The spouse or registered partner of the insolvent shall return all goods belonging to him and not to the community of registered partnership in the marriage community.

  • 2 The income from the rights of bearer and non-registry goods held outside the Community under marital conditions or under conditions of registered partnership may only be proved as in the case of: Article 130 of Book 1 of the Civil Code has been prescribed with respect to third parties.

  • 4 The goods, regenerated from the investment or the reinvestment of funds to the spouse or registered partner of the insolvent outside the community, shall be considered as a partner registered by that spouse. returned, provided that the investment or the reinvestment, in the event of a dispute, by sufficient documents, has been proven to the satisfaction of the court. On the investment or the reinvestment Article 95, 1st paragraph, first sentence, of Book 1 of the Civil Code applicable.

  • 5 If the goods have not yet been paid to the spouse or registered partner of the insolvent assets, but the purchase price has not yet been paid, or the purchase tokens are still unmixed with the estate of the estate, the spouse may be registered as a registered partner, exercising his right to return to that purchase price or to the possession of the purchase tokens in the possession of the registered partner.

  • 6 For his personal claims, the spouse or registered partner of the insolvent is acting as a creditor.


Article 62 [ Verfalls per 01-01-2003]

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Article 63

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  • 1 Bankruptcy of the person married in any community of goods or registered in any Community of goods shall be treated as the bankruptcy of that community. It shall include, subject to the exceptions of Article 21 , all goods, which fall within the community, and cover for the benefit of all creditors, who have a story on the goods of the community. Goods that have been insolvent outside the community stretch only to cover debts which could be recovered from them, if there were any community.

  • 2 In the event of the bankruptcy of a debtor who is married in a community of goods or has entered into a registered partnership in the community of goods, the provisions of this law concerning acts shall be carried out by the debtor; (i) applicable to acts which are legally bound to the community, irrespective of who of the spouses of registered partners.


Article 63a

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  • 1 The Judge Commissioner may, at the request of any interested party or of its own motion, proclaim by written order a cooling-off period, in which any jurisdiction of third parties, with the exception of book creditors, shall cover the assets of the estate goods belonging to it or to the opeising of goods which are in the power of the insolvent or the liquidator, cannot be exercised with its authorisation for a period of not more than two months. The Judge Commissioner may extend this period once for a period of not more than two months.

  • 2 The Judge-Commissioner may limit his decision to certain third parties and conditions both to his decision and to the authorization of a third party to the exercise of his right to the exercise of that power.

  • 3 If a third party has a reasonable period of time in respect of his/her jurisdiction, that period shall be suspended during the cooling-off period.

  • 4 The cooling-off period may also be declared by the court ruling that the bankruptcy or the debtor is declared bankrupt or of the debtor. The cooling-off period, which shall be declared at the same time as the declaration of bankruptcy, shall have effect from the day on which the declaration of bankruptcy is declared that day, including that day.


Article 63b

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Article 63c

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  • 2 A herd as intended Article 22, third paragraph, of the Invording Law 1990 that during the cooling-off period is laid on a case that is located on the bottom of the insolvent and that does not belong to him, cannot be relied upon by the owner of the case or, if that is a lien of another rest, to that one. Other, if it has been claimed for the issue of the case prior to the seizure of the place of the bailier's expend.


Article 63d

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Of the goods referred to in Article 63a, first paragraph , except for goods covered by a financial collateral arrangement as referred to in Article 4 (2). Article 51 of Book 7 of the Civil Code are pledged.


Article 63e

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  • 1 By way of derogation from the Article 23 and 35 The bankruptcy declaration of a debtor under a financial collateral arrangement shall be the one referred to in the Article 51 of Book 7 of the Civil Code shall not return until the beginning of the day on which it is declared, in respect of a financial collateral arrangement concluded by the debtor for the time of declaration of bankruptcy, or a transfer, establishment of a pledge or a pledge; or (i) order to be taken into account.

  • 2 The Article 23 , 24 , 35 , 53, 1st Member , 54, second paragraph , of this law, and Article 72, introductory wording and point (a) of Book 3 of the Civil Code , may not be relied on for third parties in respect of a financial collateral arrangement concluded by a debtor after the date of bankruptcy, as referred to in Article 3 (1) (b) of the Treaty. Article 51 of Book 7 of the Civil Code , a transfer or establishment of a lien on the basis of a financial collateral arrangement, as well as any legal act under a financial collateral arrangement because of obligations on the debtor which after the time of bankruptcy declaration, provided that the relevant legal act takes place on the day of declaration of bankruptcy and the other party can prove that it did not know or belong to the bankruptcy declaration at the time of the act.


Section 3. From the board about the bankruptcy estate

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§ 1. Of the judge-Commissioner

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Article 64

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The judge-commissioner supervises the management and settlement of the bankrupt estate.


Article 65

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Before, in any case, the administration or the liquidation of the assets in question were to be given a decision, the court is obliged to hear the Commissioner's Judge.


Article 66

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  • 1 The Judge-Commissioner is competent to clarify all circumstances, to hear the bankruptcy, to hear witnesses or to order a review of experts.

  • 4 The spouse or former spouse of the insolvent or the one with whom the failed a registered partnership has been or had been entered into, the children and further acts and the parents and grandparents of the insolvent can be of giving From witness to testimony.


Article 67

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  • 2 By way of derogation from the first paragraph, in the case of an appeal against an authorisation from the Judge-Commissioner, the liquidator shall commence the period of five days from the date on which the worker who brought the appeal is terminated. has been able to take note of the authorisation. In the case of a penalty of destruction, the liquidator shall designate the employee at the notice of appeal and the period of such appeal. An appeal to the voidability shall be made by an extrajudicial statement to the liquidator and may be made for a period of 14 days from the date on which the contract of employment is said to be op-ed.


§ 2. The liquidator

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Article 68

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  • 1 The liquidator is entrusted with the management and liquidation of the bankrupt estate.


Article 69

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  • 1 Each of the creditors, appointed by the Committee from among their members, and also the insolvent, may, by application, stand up to the Commissioner, acting against any action of the liquidator, or draw from them an order, that the liquidator must act in a particular way. comply with or adopt a proposed act.

  • 2 The judge-commissioner decides, after hearing the curator, within three days.


Article 70

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  • 1 If more than one curator has been appointed, any decision of the Judge Commissioner for the validity of acts of a majority or on a strike shall be required for the validity of such acts.

  • 2 The liquidator, to whom a specific job has been designated in the declaration of bankruptcy, shall be independent of action within the limits of its own jurisdiction.


Article 71

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  • 1 Without prejudice to the provisions of Article 15, third paragraph , the salary of the liquidator in any bankruptcy is determined by the court.

  • 2 In the case of an agreement, the salary shall be determined in the case of the decision of homologation.


Article 72

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  • 1 The lack of authority of the Judge Commissioner, where required, or non-compliance with the provisions contained in the Articles 78 and 79 , as regards so many third parties, does not affect the validity of the act made by the liquidator. The liquidator shall be held liable only in respect of the insolvent and creditors.

  • 2 By way of derogation from the first paragraph, the cancellation of a contract of employment by the liquidator without the Judge-Commissioner responsible for that purpose shall be Article 68, second paragraph , it's given, damnable. In addition, the liquidator is liable towards the insolvent and the employee. An appeal to the voidability shall be made by an extrajudicial statement to the liquidator and may be made for five days from the date on which the contract of employment is said to be restated.


Article 73

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  • 1 The court has the power to dismiss the liquidator at any time, after hearing him or properly, and to replace him by another, or to add one or more medecurators, either on a proposal of the judge or of the court. judge-commissioner, either on a reasoned request from one or more creditors, the commission from among their midst, or the insolvent.

  • 2 The liquidator shall be responsible for his management and his administration to the receiver appointed in his place.


Article 73a

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  • 1 The Liquidator shall report on the condition of the estate each time after three months. The liquidator shall submit his report at the Registry of the Court of Justice for free inspection of any person. The deposit shall be free of charge.

  • 2 The deadline referred to in the previous paragraph may be extended by the Judge Commissioner.


§ 3. From the committee of creditors

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Article 74

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  • (1) In the case of a declaration of bankruptcy or of a subsequent decision, the court may, in so far as the importance or nature of the book gives rise to it, appoint a provisional commission of one to three members from the known creditors, to serve the receiver of advice, as long as the appointment of the committee referred to in the following Article has not been decided.

  • 2 If a member of the provisional committee does not accept his appointment, thank you or all, the court shall provide, as a result of a proposal of a double by the Judge Commissioner, the vacancy resulting from it.


Article 75

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  • If a provisional Commission has been appointed from the creditors, whether or not a provisional committee has been appointed, the Commissioner, at the verification meeting, shall consult the creditors, following verification, on the appointment of a final commission from among their members. If the Assembly considers it appropriate, he shall be immediately appointed to the appointment. This committee is also composed of one to three members.

  • 2 A report on the subject is to be recorded in the minutes of the sitting.

  • 3 If a member of the final committee does not assume his appointment, thanks or dies, the Judge Commissioner provides the vacancy resulting from it.


Article 76

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The committee may, at any time, request consultation of the books, documents and other data media, relating to bankruptcy. The liquidator shall be obliged to provide the commission with all the information required from him.


Article 77

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Until the opinion of the committee is received, the liquidator shall meet with her, as often as he considers it necessary. In these meetings, he sits in front of and performs the pen.


Article 78

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  • 1 The liquidator is required to obtain the opinion of the commission before lodging an action or continuing to pursue an application or to defend himself against a legal claim instituted or pending, except where it is valid. verification disputes; on whether or not to continue the business of the failed; and in the cases of Articles 37 , 39 , 40 , 58, second paragraph , 73, second paragraph , 100 , 101 , 175, last Member and 177 , and in general, on the method of liquidation and transfer of the estate and the timing and amount of the departments to be held.

  • 2 This opinion shall not be required where the liquidator has called upon the commission to meet and not to deliver an opinion in respect of a period of time required.


Article 79

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The liquidator shall not be bound by the opinion of the committee. If he does not unite, he immediately informs the committee, which may appeal the decision of the Judge Commissioner. If it declares that it is doing so, the liquidator is obliged to suspend the operation of the act envisaged, contrary to the opinion of the Committee, for a period of three days.


§ 4. Of the meetings of the creditors

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Article 80

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  • 1 In the creditors ' meetings, the Judge-Commissioner is chairman.

  • 2 The presence of the liquidator or of a person, who replaces him with the right of the Judge Commissioner, is obliged to.


Article 81

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  • 1 At meetings of creditors, decisions shall be taken by an absolute majority of the creditors present. For every 45, each creditor will cast a single vote. For claims or over-shooting portions of receivations, below € 45, one vote shall be taken.

  • 2 The division of claims, after the declaration of bankruptcy, does not make the right to vote.


Article 82

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The right to vote shall be the approved and conditionally admitted creditors, as well as the bearer of 'tounder' verified claims.


Article 83

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  • 1 The creditors may appear at the meeting in person, either by a written agent or by a lawyer.

  • 2 For the benefit of the creditors, who have represented at a meeting, all calls for subsequent meetings and all notifications to the Plenipotentiary shall be made by written requests to the liquidator, which shall be the subject of a written request. Invocations and notifications to them or to any other authorised representative.


Article 84

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  • 1 In addition to the meetings prescribed by this Law, a meeting of creditors shall be held, if required by the Judge-Commissioner, or by the creditors or at least five creditors to that effect, representing one fifth part of recognised and conditionally admitted claims, a reasoned request shall be made.

  • 2 In any case, the Judge-Commissioner shall determine the day and the place of the sitting to which the creditors of the vote are summoned by the liquidator for at least 10 days in advance by the liquidator, who shall be obliged to deal with it in the sitting. subject matter.


§ 5. Of the judicial decisions

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Article 85

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All decisions in cases, management or liquidation of insolvent assets shall be drawn up by the court in the highest jurisdiction, except where the contrary is established.


Article 86

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All decisions in cases, management or liquidation of insolvent assets, including those not issued by the court, shall be enforceable in stock and by the minute, unless the contrary is determined.


Fourth department. Post-bankruptcy and management services of curators

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Article 87

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  • 1 The court may, in the case of the declaration of bankruptcy, or at any time thereafter, but in the latter case not on the basis of a proposal of the Judge Commissioner, or at the request of the liquidator or of one or more of the creditors and after the Judge-Commissioner have been heard, orders, that for failure to comply with obligations imposed by the law in connection with his bankruptcy, or for well-founded fear of failure to comply with such obligations, the failure to comply with the law shall be wort, either in a house of custody or in his own dwelling under the terms of a Official of police, appointed for the execution of the police task, or any other official, to the extent that such official belongs to a category designated for that purpose by Our Minister of Justice.

  • 2 The order for this purpose shall be executed by the Office of the Public Prosecutor.

  • 3 This order shall be valid for no more than 30 days from the day on which it was implemented. At the end of that period, the court, on a proposal from the Judge-Commissioner, or on a request and after hearing as referred to in the first paragraph, may extend the order for a period not exceeding thirty days. Thereafter, the same procedure may take place for a maximum period of 30 days.

  • 4 The official referred to in paragraph 1 designated by the Public Prosecutor's office to cooperate in the enforcement of the order shall be entitled to enter any place of the kind which is reasonable for the performance of his or her duties. task is required.


Article 88

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  • 1 The court has the power, on a proposal of the Judge Commissioner, or at the request of the insolvent, to dismiss it from the insured custody, with or without a guarantee, that he will appear at the first summons at any time.

  • 2 The amount of the guarantee shall be determined by the court and shall be made in the case of non-reappearance of the order for the benefit of the estate of the estate.


Article 89 [ Expired by 01-01-2002]

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Article 90

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  • 1 In all cases where the presence of the insolvent is required by this or that particular activity, the book on, is required, he will be, if he is in custody, on the charge of the Judge Commissioner from the custody place. can be transferred.

  • 2 The charge to this effect shall be implemented by the Office of the Public Prosecutor.


Article 91

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During the bankruptcy, the insolvent must not leave his place of residence without the permission of the Judge Commissioner.


Article 92

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The liquidator shall, immediately after the acceptance of his or her acceptance, by all necessary and appropriate means for the storage of the estate. He shall immediately assume the documents and other data carriers, funds, grandodils, securities and other forms of paper of value against receipt. It shall be responsible for the retention of funds to the consignee for the judicial consignors.


Article 93

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  • 1 The receiver shall, if he or the Judge Commissioner considers it necessary, immediately seal the estate by a notary.

  • 2 Outside the seal, but described in brief, the goods shall be indicated in the minutes. Articles 21, 21 1 and 92 , as well as the objects to the company of the insolvent required, if this is continued.


Article 93a

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The liquidator shall have access to any place where it is reasonably necessary for the performance of his task. The Chief Justice Commissioner is empowered to issue an authorisation as intended. Article 2 of the General Act on entering .


Article 94

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  • 1 The liquidator shall, as soon as possible, complete a description of the failings in the insolvency proceedings.

  • 2 The description of the description can be drawn up and the valuation is carried out by the liquidator, under the approval of the Judge Commissioner.

  • 3 The members of the provisional committee of creditors shall be entitled to be included in the description in the present day.


Article 95

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Of the goods listed in Article 21, point 1 , a statement is attached to the description, which shall be given in: Article 92 , be included in the description.


Article 96

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The liquidator shall, immediately after the description of the book, issue a statement of the nature and amount of the benefits and debts of the creditors, the names and places of residence of creditors, and the amount of claims of each of them. They turn out.


Article 97

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  • 1, certified by the liquidator and certified by the liquidator, of the description of the book and of the State, as specified in the preceding Article, shall be made available free of charge to any person at the Registry of the district court of the district in which the place of residence is to be established; the office or residence of the insolvent, according to the declaration of bankruptcy, has been declared by the court of the court of the place of residence, the office or the residence of the insolvent.

  • 2 The deposit shall be made free of charge.


Article 98

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The liquidator shall have the power to continue the business of the insolvent. If no committee has been appointed from the creditors, it will require the right of the Judge Commissioner to do so.


Article 99

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  • 1 The receiver opens up under the charge referred to in Article 14 , the letters and telegrams on the fail-safe. He, which does not relate to the estate, immediately put it to the hands of the fail-safe. The postal transport undertaking or postal transport undertakings designated as universal postal service provider, as well as the other registered postal transport undertakings specified in the postal service. Postal Act 2009 After notification received from the Registrar, the liquidator shall be obliged to issue the letters and telegrams for the purpose of the surrender, until the liquidator or the Judge-Commissioner dismisses her or her or she receives the notification, Intended in Article 15 . The judicial burden of opening letters and telegrams shall lose its strength on the date referred to in the previous sentence, at which the obligation of the administration to issue letters and telegrams ends.

  • 2 Protests, expraffes, declarations and timelines concerning the estate shall be carried out by and to the liquidator.


Article 100

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The liquidator shall be entitled to apply to circumstances a sum to be determined by the Judge Commissioner for the maintenance of the failed and his family's family.


Article 101

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  • 1 The receiver shall be entitled to dispose of property if and to the extent that the disposal is necessary in order to combat the costs of bankruptcy, or the property cannot be preserved with a disadvantage to the estate.


Article 102

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  • 1 The liquidator shall keep all monies, grandodis, effects and other documents of value under his immediate detention unless otherwise provided by the Judge-Commissioner.

  • 2 Funds which are not necessary for the administration shall be invested by the liquidator in particular of the estate in the manner by which the Judge-Commissioner shall approve it.


Article 103

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Money, grandodils, effects and other forms of paper of value which, according to the Judge-Commissioner's provision, are kept by a third party and subject to funds may not have the liquidator otherwise than by means of by the Judge-Commissioner. for the drawn pieces.


Article 104

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The liquidator, having received the opinion of the Commission from the creditors, is there, and under the approval of the Judge-Commissioner, to enter into agreements or arrangements for the adoption of contracts.


Article 105

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  • 1 The fail-safe is required to appear before the Judge-Commissioner, the liquidator or the commission from the creditors and to provide them with all the information, as often as he is called upon to do so.

  • 2 In the event of the bankruptcy of a person married or registered in the community of goods in the community of goods, the obligation to provide information shall be sent to each of the spouses of the following proceedings: the registered partners to the extent that he has acted.


Article 106

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In the event of the bankruptcy of a legal person, the provisions of the Articles 87-91 on the drivers, those of Article 105, first paragraph , applicable to directors and commissioners.


Article 106a

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  • 1 Upon receivership or at the request of the Prosecutor ' s Office, the court may impose a restraining order on the driver of any Article 3 of Book 2 of the Civil Code That legal person, including the former administrator, as during or in the three years preceding the failure to declare the bankruptcy of that legal person:

    • (a) has been held by the court at irrevocable judgment that he is liable for his or her actions or omissions by that legal person, as intended for the purpose of Articles 138 or 248 of Book 2 of the Civil Code ;

    • (b) the driver has deliberately made, authorised or made possible on behalf of the legal person legal acts which have significantly disadvantaged creditors and who, in accordance with the Articles 42 or 47 have been destroyed by the courts of irrevocable judgment;

    • c. the driver, despite a request from the liquidator, has been guilty of serious misconduct in the performance of his information or cooperation obligations, as provided for by this Law, towards the liquidator;

    • d. the driver, either as such or as a natural person acting in the exercise of an occupation or business, was involved at least twice previously in the event of a bankruptcy of a legal person, and has taken a personal charge of it; or

    • e. to the legal person or to the driver a fine for an offence, as specified in the Articles 67d , 67th or 67f of the General Law on State Taxation has been imposed and this decision is irrevocable.

  • 2 A management ban may also be directed against the driver of one or more legal persons who are or are drivers referred to in the first paragraph.

  • 3 The State tax authority shall, upon request, provide the public prosecutor or the liquidator with the information necessary for the application of the first paragraph, part e.

  • 4 With the exception of paragraph 1 (a) and the second paragraph, the previous members shall apply mutatis mutandis to a natural person acting or having acted in the exercise of an occupation or business.


Article 106b

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  • 1 A driver to whom a restraining order has been imposed may, for a period of five years after the ruling has been issued in force of res judiced, or as much shorter as it has been determined in the ruling, not to the driver or commissioner of any Article 3 of Book 2 of the Civil Code is appointed legal person. An appointment as a director or a commissioner in spite of an irrevocable governing ban is null and void.

  • 2 Unless otherwise specified in the judgment, the prohibition of administrative provision for the person concerned shall also prevent the performance of his duties as a director or a Commissioner in all of the functions of the person concerned. Article 106c, second paragraph Legal persons involved in the proceedings.

  • 3 The Registrar of the Court of Justice, or in the case of appeal, of the Court of Justice, offers the irrevocable judgment imposing a governing ban with competent urgency to the Chamber of Commerce, which was immediately responsible for the description of the court Transferring driver from the Commercial Register. It shall also be registered with the Trade Register for the duration of the period for which it is imposed.

  • 4 The court shall, if necessary, settle all other consequences of the prohibition of administrative action which it has expressed.

  • 5 The court may impose a penalty payment in order to ensure compliance with its ruling. If the penalty payment is forfeited, it shall be applied to the estate or, if it is not, to the State. The Minister of Security and Justice may devote the funds received to further the purposes of bankruptcy fraud to be determined by him.

  • 6 A ruling on the imposition of an administrative ban cannot be declared enforceable in stock.


Article 106c

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  • 1 An extract from the trade register of the other legal persons referred to in the trade register shall be submitted to a request or claim for the enforcement of an administrative ban. Article 3 of Book 2 of the Civil Code , of which the person concerned is the driver or commissioner. The Chamber of Commerce shall issue this extract at the request of the liquidator or the public prosecutor ' s office.

  • 2 The court shall give the legal persons referred to in the preceding paragraph the opportunity to express their views on the application for the administrative ban and the possible consequences of that prohibition. They shall not be represented by the driver in respect of whom a management ban has been claimed or requested, unless it is the sole driver of the legal person concerned.

  • 3 If a management ban leads to a legal person being without a driver or commissioner, the court may proceed to the temporary appointment of one or more directors or commissioners whose pay is to be paid by the court. shall be established and on behalf of the legal person.

  • 4 The court seised of a request or action to impose a management ban may suspend the relevant administrator or commissioner at the request of the public prosecutor ' s office or at the request of the liquidator and, if necessary, provide temporary assignment of one or more directors or commissioners.

  • 5 The suspension and temporary appointment of one or more directors or commissioners may be requested or applied for at any stage of the proceedings. They shall be valid for no more than the duration of the proceedings.

  • 6 The suspension or temporary appointment of one or more directors or commissioners shall be entered in the Commercial Register for the duration of the suspension or temporary appointment.


Article 106d

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  • 1 For the application of the Articles 106a to 106c The driver shall also be considered to be the person who has determined the policy of the legal person or has determined it as if he was a driver.

  • 2 For the application of the Articles 106a to 106c operator shall be the executive director and with the Commissioner the non-executive director, if the administrative tasks are distributed between executive and non-executive directors.


Article 106e

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The Articles 106a to 106d shall apply mutatis mutandis to directors, former directors, supervisory directors and actual executives of a European Economic Interest Grouper, a European Company and a European Cooperative Society with statutory seat in the Netherlands.


Article 107

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  • 1 The Registrar shall be obliged to copy to each creditor, upon request and at the cost of his or her own expense, the documents which are lodged at the Registry or located at the Registry by virtue of any provision of such law.

  • 2 Similarly, the Registrar shall be obliged to give copies of the documents of which any person may be available for inspection at the Registry upon his or her own request and at the latter's expense.


Fifth ward. Verification of claims

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Article 108

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  • 1 The Judge-Commissioner shall determine, not later than 14 days after the decision of the declaration of bankruptcy has been declared in force of res judiced:

    • 1. the day on which the claims must be lodged at the latest;

    • 2. day, hour and place, to which the verification meeting will be held.

  • 2 Between the days, points 1 and 2, shall be at least 14 days.


Article 109

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The liquidator shall immediately notify all known creditors to all known creditors in the case of such decisions.


Article 110

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  • 1 The lodging of claims shall be submitted to the liquidator by the production of an account or other written statement, giving the nature and the amount of the claim accompanied by the supporting documents or a copy thereof, and of an indication, or privilege, property, mortgage or lien claim is made.

  • 2 The creditors shall have the responsibility of the liquidator to recover a receipt of revenue.

  • 3 If the liquidator is an agreement as referred to in Article 907, 1st paragraph, of Book 7 of the Civil Code has closed which has been made binding by the court, can benefit those entitled under the contract who is not the in Article 908, 2nd paragraph, of Book 7 of the Civil Code have been notified, their claim under the Agreement shall only be submitted in accordance with the procedure laid down in this Agreement. By way of derogation from Article 907, sixth paragraph, of Book 7 of the Civil Code, the agreement as referred to in the first sentence may determine that a claim shall lapse if a entitled person under the contract does not submit that claim within a period from at least three months from the beginning of the day following the expiry of the period referred to in Article 908 (2) of Book 7 of the Civil Code. For the claims referred to in the first sentence, the Articles 128 , 133 and 136 of corresponding application


Article 111

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The liquidator shall review the accounts transmitted to the records and records of the insolvent, shall, if he objects to the admission of an action against the admission, consult with the creditor and shall be responsible for the production of missing documents. and have access to his records and records of the original documents.


Article 112

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The liquidator shall, on a list of provisionally recognised claims, forward the claims, which he approves, and the claims, which he contests, on a separate list, shall inform the grounds of the dispute.


Article 113

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The lists referred to in the previous article shall specify any claim and shall indicate whether they are entitled to the opinion of the administrator or by building or mortgage, or may be exercised in respect of the claim for retention. The receiver shall contest only the primacy, or the lien, in such a way that the claim on the list of the provisionally recognised claims shall be brought, and the grounds thereof, with note of that challenge.


Article 114

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  • 1 Of each of the lists, in Article 112 A copy shall be lodged at the Registry of the court by the liquidator in order to make available to each person free of charge during the seven days preceding the verification meeting during the seven days prior to the verification meeting.

  • 2 The deposit shall be made free of charge.


Article 115

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Of the Article 114 the liquidator shall notify all known creditors in writing, adding a further summons to the verification meeting and indicating whether a draft agreement has been made by the fail-safe at the Registry. Lodged.


Article 116

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The insolvent attends the verification meeting in person with a view to giving all information about the causes of the bankruptcy and the state of the estate, which the Commissioner asked him to obtain. The creditors may ask the Commissioner for information on certain points to be given by the Judge-Commissioner to the fail-safe. Questions to the failsafe and the answers given by him shall be recorded in the minutes.


Article 117

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In the case of the bankruptcy of a legal person, the obligation in the previous article was to be imposed on the drivers.


Article 118 [ Expaed by 01-05-1977]

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Article 119

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  • 1 At the meeting, the Judge-Commissioner shall read the list of the amounts provisionally recognised and those of the receivership disputed by the liquidator. Each of the creditors appearing on such lists shall be empowered to request the liquidator in respect of each claim and its placement on any of the lists, or to contest, or to contest, its accuracy, the claimed priority or the alleged retention of rights, or Declare that he is in agreement with the receiver of the receiver.

  • 2 The liquidator shall be entitled to return, or to recover, to the provisional recognition or challenge he has made, that the creditor shall be entitled neither by the liquidator, nor by any of the creditors, under oath or as a result of his or her claim on the matter. confirmatory; if the original creditor is deceased, the rightholders will have to declare under oath that they believe in good faith that the debt exists and is unfulfilled.

  • 3 There is a need for suspicion of a meeting, it shall be continued within eight days at the time to be indicated by the Judge-Commissioner, without any further notice.


Article 120

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  • 1 The oath referred to in the second paragraph of the preceding Article shall be made by the Judge Commissioner in person or by a special agent for that purpose, either immediately at the meeting or at a later date by the Judge-Commissioner for the day. The power of attorney may be granted under-and-off.

  • (2) If the creditor, to whom the oath has been ordered, is not present at the meeting, the Registrar shall immediately inform him of the order and of the day before the oath.

  • 3 The judge-commissioner shall give the creditor a declaration of the oath, unless the oath is taken at a meeting of creditors, in which case the statement of deposit shall be made in the minutes of the minutes of the meeting.


Article 121

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  • 1 The claims, which shall not be contested, shall be transferred to a list of approved creditors to be drawn up in the minutes. Recognition shall be made by the receiver on the paper to the order and to bearer.

  • 2 The claims, which have been claimed by the liquidator, shall be admitted conditionally until the time referred to in the first paragraph of Article 120, by the time referred to in Article 120, shall be definitively admitted as to its acceptance of the claim. Definitely.

  • 3 The minutes of the meeting shall be signed by the Judge-Commissioner and the Registrar.

  • 4 The recognition in the Minutes of proceedings brought about an action for the bankruptcy of res judiced in the bankruptcy of the court. Only on the basis of deceit can the curator claim the destruction thereof.


Article 122

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  • 1 In the event of a dispute, the Judge-Commissioner shall be able to reach a settlement. If the parties are unable to unite, and to the extent that the dispute is not already pending, he shall refer the parties to a court hearing to be determined by him, without requiring a summons to do so.

  • 2 The lawyers, acting for the parties, declare that in the case of the case of the case at the hearing.

  • 3 The creditor, who requests the verification, does not appear at the hearing or if he did not comply with the Registry in good time, is deemed to have withdrawn his application; he/she appears to have withdrawn his application; he/she appears that the challenge is not or has not been challenged. the Registry is not satisfied in due time, then it shall be deemed to have been challenged and the court shall acknowledge the claim. Article 127a, third and fourth paragraph, of the Code of Civil Procedure shall apply mutatis mutandis.

  • 4 Creditors, which have not been contested by the verification meeting, cannot intervene or intervene in the proceedings.


Article 122a

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  • 1 Where the court has been challenged by the liquidator, the course of the proceedings shall be suspended by the authority of res judiced for the homologation of an agreement in bankruptcy, unless the documents of the proceedings are already in force until the date of application of the dispute. of a judgment given to the court, in which case the claim, if recognised, is deemed to be recognised in bankruptcy, whereas the debtor in the case of the decision on the costs of the proceedings is the debtor in the case of the court. take place of the liquidator.

  • 2 The proceedings shall be resumed at the stage of the suspension by one of the parties, with the agreement of the other Party, taking an act to that effect, or by declaring that the proceedings are resumed.

  • 3 The party which declares the proceedings for the resumption of proceedings on the occasion of the period referred to in paragraph 2 shall call the other party against the day on which it is intended to submit the case. The summons prescribed for the summons must be complied with for this summons. The parties shall re-establish a lawyer.

  • 4 [ Red: Expated.]

  • 5 When the dispute is made by a co-creditor, after the homologation of an agreement has entered into force in the bankruptcy of res judicts, the proceedings may be continued by the parties only in order to enable the court to take a decision on the matter on the costs of the process.


Article 123

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The creditor, whose claim is contested, was in support of that fact until no further or more proof, than he was obliged to supply against the fail-safe himself.


Article 124

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  • 1 If the creditor, whose claim is contested, is not present at the meeting, the Registrar shall immediately inform him of the contested judgment and referral.

  • 2 The creditor cannot rely on the lack of notification in the proceedings.


Article 125

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Claims, which are contested, can be admitted to an amount by the judge-commissioner for parole. If the primacy is contested, it may be recognized by the Judge Commissioner.


Article 126

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  • 1 The competent authorities are also entitled, under summary form, to oppose the admission of an action, either for the whole or for a part, or against the recognition of the claimed priority. In this case, the minutes shall be recorded in the minutes of the dispute and of its grounds, without any party being referred to the court, and without thereby preventing the recognition of the claim in bankruptcy.

  • 2 Dispute, for which no grounds are given, or which do not include the whole claim and does not expressly indicate the part which is recognized, and which is contested, shall not be regarded as a challenge.


Article 127

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  • 1 Exposures after the end of the Article 108, 1 ° That period, but no later than two days before the date on which the verification meeting will be held, submitted to the liquidator, shall be verified at the request of the liquidator, if neither the liquidator nor any of the present persons present Creditors would object to this.

  • 2 Claims, thereafter submitted, shall not be verified.

  • 3 The provisions of paragraphs 1 and 2 shall not apply if the creditor lives outside the European Union and was therefore prevented from notifying them earlier.

  • 4 In the case of an objection referred to in paragraph 1, or of a dispute on whether or not to be prevented from attending, the Judge-Commissioner shall, after consulting the sitting, decide whether or not to attend.


Article 128

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Interest, after the bankruptcy statement is made, cannot be verified unless secured by building or mortgage. In this case, they shall be verified pro memoria. To the extent that the interest on the proceeds of the collateral is not arranged in batig, the creditor cannot obtain from that verification any rights.


Article 129

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A claim under a non-binding condition shall be verified for the entire amount, without prejudice to the functioning of the condition if it is completed.


Article 130

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  • 1 A claim under a suspensive condition may be verified for its value at the time of declaration of bankruptcy.

  • 2 Where the liquidator and the creditors cannot agree on this method of verification, the claim shall be granted conditional upon the full amount of the claim.


Article 131

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  • 1 A claim, the date of which is uncertain, or which gives entitlement to periodic benefits, shall be verified for its value on the day of the declaration of bankruptcy.

  • 2 All claims, falling within one year from the day on which the bankruptcy was held, shall be treated as if they were due at that time. All claims falling within one year thereafter shall be verified for the value, which they shall have after a one-year period since the beginning of the bankruptcy.

  • 3 The calculation shall only take into account the timing and mode of redemption, the enjoyment of the gambling, where it exists, and, if the claim is interest-bearing, on the interest rate stipulated.


Article 132

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  • 1 Creditors, whose claims are secured by building, mortgage or lien or on a given object, but which can prove that part of their claim is unlikely to be arranged on the proceeds of the proceeds of the sale of the property. related goods may require that their rights of competitive creditors be granted in respect of that part while maintaining their right of priority.

  • 2 The amount for which property and mortgage holders can be arranged batig shall be determined taking into account: Article 483e of the Code of Civil Procedure except that for the time when the State is published, the beginning of the day on which the declaration of bankruptcy was declared begins.


Article 133

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Claims, the value of which is undetermined, uncertain, not in Dutch money or in the whole is not expressed in money, are verified for their estimated value in Dutch money.


Article 134

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Debt claims on toinclude may be verified in particular from 'tounder'. Any claim which is "bearer" shall be regarded as the claim of a separate creditor.


Article 135 [ Expaed by 01-01-1992]

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Article 136

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  • 1 If one or more of the main debtors are in bankruptcy, the creditor may, in the bankruptcy of that debtor, receive up to and pay for each of them in the bankruptcy of each of them. the entire sum, owed to him at the time of the declaration of bankruptcy, until his action is to be fully discharged.

  • 2 A principal debtor may be admitted, if necessary, conditional on the sums for which he has obtained or will obtain on the failed, under their mutual legal relationship as co-debtors ' main proceedings. However, the authorisation shall be limited to:

    • a. to the extent that the creditor is unable to stand up for it himself or, although he may, does not stand up;

    • (b) in the event that the creditor is satisfied during the bankruptcy for the entire amount for which he has been paid;

    • c. to the extent that, for any other reason, the admission does not adversely affect the competitive creditors to the percentage to be paid to them.


Article 137

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  • Upon completion of the investigation, the liquidator shall report on the status of the estate, and shall provide all information required by the creditors. The report shall be deposited at the Registry for free inspection of any person following the minutes of the verification meeting at the Registry after the end of the term of office. The deposit shall be free of charge.

  • 2 Both the liquidator and the creditors, and the insolvent, may, after the lodging of the minutes, request to the courts to improve them, if the documents show that a mistake has been made in the minutes.


Fifth Section A

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Simplified resolution of bankruptcy

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Article 137a

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  • 1 If it is plausible that the available income is not sufficient to satisfy the competitive claims in whole or in part, the Judge-Commissioner may, at the request of the liquidator or of its own motion, determine that it is to be dealt with. claims are omitted and no verification meeting is held.

  • 2 The liquidator shall immediately inform all known creditors of the decision referred to in paragraph 1 and make a notice thereof in the Official Gazette.

  • 3 Where the order referred to in paragraph 1 is given, this Section shall apply. The Fifth Section does not apply. On non-competitive progress, the Articles 128 to 136 of the Fifth Section, mutatis mutandis. The Sixth and the Seventh Section do not apply, unless otherwise specified below.


Article 137b

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  • 1 The receiver shall determine which claims are favoured or have been secured by property, mortgage or retention.

  • (2) If the liquidator disputes a claim or the priority attached to a claim, he shall notify the creditor thereof and shall consult with him on the settlement of this dispute.

  • 3 If the liquidator has not reached an agreement with the creditor referred to in the preceding paragraph, he shall present the dispute to the Judge Commissioner. Article 122, first, second and third paragraphs , shall apply mutatis mutandis.

  • 4 The competent authorities are empowered to make known his objections to a claim, or to the receiver, who, if he cannot remove the objections, presents them to the Judge Commissioner. Article 126 shall apply mutatis mutandis.


Article 137c

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  • 2 The receiver shall create a distribution list. The list includes a statement of receipts and expenses (including the salary of the liquidator), the names of the creditors who have secured secured or by building, mortgage or retention covered claim, the amount of each person. claim and the benefit to be received thereon.

  • 3 For the claims on which a dispute is referred to in the Article 122 The liquidator shall, on the list of percentages, withdraw from the list by reference to the full amount, as well as a percentage for the costs to be used. Article 194 shall apply mutatis mutandis.


Article 137d

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  • 1 The administrator shall present the list of parts for approval to the Judge Commissioner.

  • 2 The receiver shall submit a copy of the list approved by the Judge Commissioner and a report on the condition of the book at the Registry of the Court of Justice to be available for inspection by each person for 10 days free of charge.

  • 3 The statement of the liquidator shall be made by the liquidator in the Official Gazette.

  • 4 The receiver gives written notice to all known creditors, with a notice that the distribution list does not refer to competitive claims.


Article 137th

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  • 1 During the Article 137d, second paragraph The said period shall be open to any creditor against the list of the subsections deposited at the Registry by giving a reasoned statement of objection at the Registry; he shall be given a proof of receipt by the Registrar.

  • 2 Notice of objection shall be annexed to the distribution list.

  • 3 The opposition by a competitive creditor cannot be founded on the mere fact that his claim has not been placed on the list of the distribution list deposited at the Registry.


Article 137f

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  • 1 After expiry of the period mentioned in: Article 137d, second paragraph , or, if resistance has been made, after the decision has been taken on the objection in force of res judiced, the court of law shall be in a position of insolvency and the liquidator shall be responsible for the payment of the benefit as established.


Article 137g

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  • 1 If, during the settlement, income arising from the proceeds of the proceeds may also be fully or partially satisfied, the Judge-Commissioner shall determine that a verification meeting shall be held. day, hour and place, as well as the date on which the claims are to be submitted at the latest. Article 108, second paragraph , is applicable.

  • 2 The liquidator shall immediately inform all known creditors of the decision referred to in the previous paragraph and shall make such notice in the Official Gazette.


Sixth ward. Of the Agreement

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Article 138

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The fail-safe is competent to offer an agreement to its joint creditors. The failed misses this power if the liquidator is an agreement as referred to in Article 907, 1st paragraph, of Book 7 of the Civil Code has closed and received a request from the court as referred to in this paragraph, unless it is irrevocably established that this request will not lead to the award of a request. If the insolvent according to Article 139 has lodged a draft of an agreement at the Registry of the Court, cannot be filed as referred to in Article 907, 1st paragraph, of Book 7 of the Civil Code, unless the agreement has been rejected, the homologation of the agreement has been irrevocably refused or has been declared by the court to decompose the agreement.


Article 139

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  • If the failure of a draft agreement has been deposited at the Registry of the court at least eight days before the date of the meeting for the verification of claims, the proceedings shall be held free of charge, free of charge, shall be held in that meeting after the date of the proceedings. The end of the verification shall be consulted and decided, subject to the determination of: Article 141 .

  • 2 A copy of the draft agreement must, at the same time as the deposit at the Registry, be forwarded to the liquidator and to each of the members of the provisional commission from the creditors.


Article 140

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The liquidator and the commission from creditors shall be obliged to give written opinions on the offer of agreement in writing to each meeting.


Article 141

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The consultation and decision shall be postponed until a further meeting to be determined by the Judge Commissioner at the latest three weeks later:

  • 1 °. if the sitting was appointed by a final commission from the creditors, not of the same persons as the provisional, and the majority of the creditors of the said creditors, of a written opinion on the offer of agreement requires;

  • 2 °. if the draft agreement has not been lodged at the Registry in due time and the majority of the creditors who have been published declare themselves in favour of a postponement.


Article 142

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Where the consultation and vote on the agreement, as a result of the provisions of the preceding Article, is postponed to a further meeting, the liquidator shall, without delay, submit it to the decision not to appear at the verification meeting, conditionally authorised creditors notified, sending out the summary content of the agreement by letters.


Article 143

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  • 1 The vote on the agreement excludes the creditors whose claim priority is connected, including those whose priority is disputed, unless they give priority to the estate before the vote begins. distance allowed.

  • 2 This distance will make them competitive creditors, even in case the agreement should not be adopted.


Article 144

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The fail-safe is responsible for the clarification and defence of the agreement and, above all, to amend it.


Article 145

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The acceptance of the agreement requires the consent of the simple majority of approved and conditionally admitted unsecured creditors, which together with at least one half of the amount of the approved and non-approved competitive creditors to represent recognised recognised and conditionally accepted debt claims.


Article 146

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By way of derogation from Article 145 the Judge-Commissioner may, at the request of the debtor or the liquidator in a reasoned order, adopt a proposed agreement as if it were adopted, if

  • Three quarters of the approved and conditionally accepted competitive creditors have voted in favour of the agreement; and

  • b. the rejection of the accord is the result of the opposition of one or more creditors who, taken into account all circumstances and in particular the percentage that those creditors would pay the estate, is expected to receive payment of their claim, may not have been able to come to this vote of vote.


Article 147

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Subsequent changes, in the number of creditors, or in the amount of the claims, shall not affect the validity of the adoption, determination or rejection of the agreement.


Article 148

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  • 1 The minutes of the meeting shall state the content of the agreement, the names of the creditors who have been published, the votes cast by each of them, the outcome of the vote and any further progress made at the meeting. It shall be signed by the Judge-Commissioner and the Registrar.

  • 2 An inspection of the minutes shall be free of charge, free of charge at the Registry, for eight days.


Article 149

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Both the creditors, who voted in favour, and the failings, may request improvements to the minutes for eight days from the end of the sitting, if the documents show that the agreement has been accepted by the Judge-Commissioner, wrongly, was considered to be rejected.


Article 150

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  • 1 If the agreement has been adopted or adopted, the judge-commissioner shall, before the conclusion of the sitting, determine the hearing, on which the court will address the issue of homologation.

  • 2 In case of application of Article 149 the determination of the hearing shall be effected by the court in its decision. The liquidator shall notify the creditors in writing of this decision.

  • 3 The hearing will be held at least eight and a maximum of 14 days after the vote on the agreement or, if applicable, Article 149 After the order of the court.


Article 151

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During that time, the creditors may give written reasons to the Chief Justice Commissioner, why they consider refusal of the homologation to be desirable.


Article 152

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  • 1 On the given day, a written report shall be issued by the Judge-Commissioner for the hearing, and each of the creditors shall be able to set out in person, by a written agent or by lawyer, the grounds on which he/she shall be entitled to: Homologation wishes to fight her.

  • 2 The fail-safe is also empowered to act in defence of his interests.


Article 153

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  • 1 On the same day, or otherwise as soon as possible, the court shall give its reasoned order.

  • 2 She will refuse the homologation:

    • 1 °. if the benefits of the estate, the sum, the sum of the assets, are to exceed substantially the terms of the agreement;

    • 2 °. if the fulfilment of the agreement is not adequately ensured;

    • 3 °. if the agreement has been established by deception, by favouring one or more creditors or by other unfair means, whether the failure or the failure to do so has been coworked with another;

    • 4 °. if the receiver is in a main proceedings as referred to in Article 6, first paragraph, third sentence , its assent to the agreement has been withheld, unless the court considers that the agreement does not affect the financial interests of the creditors of the main proceedings.

  • 3 It may also refuse to use homologation on other grounds and on its own initiative.


Article 154

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Within eight days of the order of the court, so the homologation was refused, both the creditors, who voted in favour, and the failed; so the homologation is allowed, the creditors, who voted against or in the vote were absent, appealed against that decision. In the latter case, the creditors, who voted in favour, also have the same right, but only on the basis of discovering after the homologation of acts as in Article 153 below 3 ° It's called.


Article 155

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  • 1 The appeal shall be lodged with a petition to be lodged at the Registry of the Court of Justice, which shall take note of the case. The President shall prescribe the day and the hour before the treatment, which shall take place within 20 days. Appeals shall be notified without delay to the Registrar of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice, which has given the decision on homologation.


Article 156

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Cassation shall be entered and handled in the same manner and in the same manner.


Article 157

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The agreed agreement shall be binding on all non-primacy creditors, without exception, whether or not they have entered into bankruptcy.


Article 158

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Following rejection or refusal of the approval of the agreement, the failure to accept the agreement may not offer an agreement in the same bankruptcy.


Article 159

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The judgment of homologation, which has been res judiced, shall, in connection with the minutes of verification, provide for the approval of recognised claims, insofar as it is not by the failings in accordance with the law of the court. Article 126 dispute, a title capable of being enforced against the debtor and the persons who have entered the Agreement as guarantors.


Article 160

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Notwithstanding the agreement, the creditors retain all their rights against the debtor's security and other debtors ' debts. The rights, which they can exercise on third party goods, shall remain as if no agreement has been reached.


Article 161

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Once the agreement ' s homologation has gone into force of res judiced, bankruptcy ends. The liquidator shall arrange for its publication in the Official Journal.


Article 162

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  • 1 After the homologation has entered into force of res judiced, the liquidator is obliged to do so to the debtor, to the judge's account and to the debtor.

  • 2 If no other provisions have been made by the agreement, the liquidator shall issue to the debtor, against due discharge, all goods, funds, books and documents of the estate.


Article 163

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  • 1 The amount, to which verified creditors can claim, under an approved privilege, as well as the cost of the bankruptcy, must be deposited in the hands of the liquidator, unless the debtor is provided with certainty by the time of the case. As long as this is not complied with, the liquidator is obliged to keep all goods and funds belonging to the assets, until such time as that amount and the intended costs are met by the beneficiaries.

  • 2 When the judgment of homologation has been in force one month after the decision of homologation has been in force, the liquidator shall, for that purpose, transfer from the assets of the estate to that end, without the debtor's satisfaction.

  • 3 The amount in the first paragraph, and the part thereof, to each creditor under his right of priority shall be increased by the Judge Commissioner if necessary.


Article 164

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For so many of the claims, the prerogative of which is conditional, the debtor's obligation referred to in the previous Article provides for the lodging of security and, failing that, the liquidator shall, in the absence thereof, be kept only in the form of a guarantee. reserve the benefits of the benefits of the amount to which the privilege is entitled.


Article 165

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  • 1 Dissolution of the agreed agreement may be claimed by any creditor in respect of whom the debtor fails to comply with the content thereof.

  • 2 The proof shall be furnished to the debtor, that the agreement is fulfilled.

  • 3 The court may, of its own motion, grant the debtor a delay of not more than one month, so as to fulfil its obligations.


Article 166

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The application for the dissolution of the agreement shall be applied in the same way and shall be decided on as regards the request for a declaration of bankruptcy in the Articles 4 , 6-9 and 12 has been prescribed.


Article 167

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  • 1 In the judgment declaring the dissolution of the agreement, it is also ordered that the bankruptcy be opened with the appointment of a judge, a Commissioner and a liquidator, as well as of a commission from the creditors, if the judgment is bankruptcy has already been.

  • 2 Preference will be given to individuals, who used to be in bankruptcy who have observed those relations.

  • 3 The administrator shall arrange for the publication of the judgment in the manner in which the judgment is published. Article 14, third paragraph -That's prescribed.


Article 168

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  • 2 The provisions of the Section relating to the verification of claims shall also be applicable, subject to such amendment, that the verification shall be limited to claims which have not previously been verified.

  • 3 Nevertheless, the creditors who are already verified shall also be called upon to receive the verification meeting and shall have the right to contest the claims for which an authorisation is requested.


Article 169

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Acts, by the debtor in time between the homologation of the accord and the reopening of bankruptcy, are binding for the estate, subject to the application of the law. Article 42 and, if that is the case.


Article 170

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  • 1 After the reopening of the bankruptcy, an agreement may not be offered again.

  • 2 The liquidator shall enter the liquidation without delay.


Article 171

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  • 1 If, during the reopening of any creditors, all or part of the agreement has already been fulfilled, the distribution to the new creditors and those of the old, which are not yet satisfied, shall be the one committed by the agreement. The amount is paid in advance to those who have received partial payment, which is still missing from the amount promised.

  • 2 As old as new, all the creditors, as old as new, are equally shared in what is at the time.


Article 172

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The previous article is also applicable if the debtor's estate, whereas the agreement has not yet been fully complied with, is declared bankrupt again.


Article 172a

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The provisions of this Section shall apply mutatis mutandis in the event of an agreement being offered under Article 34 (1) of the Regulation, mentioned in the Article 5, third paragraph .


Seventh ward. From the liquidation of the estate

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Article 173

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  • If no agreement is offered at the verification meeting, or if the agreement on offer has been rejected or the homologation has been definitively refused, the law of the court shall be in a position of insolvency.

  • 2 The Articles 98 and 100 shall cease to apply when it is established that the holding of the insolvent shall not be continued in accordance with the following Articles or when the continuation is stopped.


Article 173a

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  • If no agreement has been offered for the purpose of verification, or if the proposed agreement has been rejected, the liquidator or a creditor present at the meeting may propose that the business of the insolvent should be continued.

  • 2 The commission from the creditors, if there is, and, if the proposal is made by a creditor, give the receiver their advice on this proposal.

  • 3 By the request of the liquidator or of any of the creditors present, the Judge-Commissioner shall draw up a debate and decision on the proposal, up to a maximum of 14 days later to be determined.

  • 4 The receiver shall inform the creditors, who were not present at the meeting without delay, of this further meeting by letters, stating the proposal submitted and also the provision of the Article 114 is remembered.

  • 5 At this meeting, the claims shall also be verified, if necessary, after the expiry of the period of application of the Article 108, n ° 1 , certain time limits have been submitted and not already under Article 127 have been verified. The liquidator shall act in relation to such claims in accordance with the provisions of the Articles 111-114 .


Article 173b

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  • 1 The proposal has been adopted where creditors, representing more than half of the recognised and conditionally admitted claims which have not been secured by property, mortgage or lien, are declared prior to it.

  • 2 In this case, where a committee of creditors does not exist, Article 75 shall apply mutatis mutandis.

  • 3 The minutes of the meeting shall state the names of the creditors, the votes cast by each of them, the outcome of the vote and any further proceedings before it.

  • 4 For eight days, each person at the Registry shall be entitled to request access to the minutes free of charge.


Article 173c

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  • 1 If within eight days, after the homologation of an agreement has been definitively denied, the liquidator or a creditor submit to the Judge Commissioner a proposal to pursue the business of the insolvent, the judge commissioner will be by stating the day, the hour and the place of holding a meeting of creditors to discuss and decide on the proposal.

  • 2 The receiver calls upon the creditors, at least ten days before the meeting, by letters, stating the proposal submitted and also the provision of the Article 114 is remembered.


Article 173d

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The liquidator and the creditors may, for eight days from the end of the sitting, ask the court to declare that the proposal has been adopted or rejected, if it is clear from the documents, that the Judge-Commissioner was wrong to do so. considered rejected or adopted.


Article 174

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  • 1 The Judge-Commissioner may, at the request of a creditor or of the liquidator, order that the continuation of the holding is stopped. The request shall be heard from the creditors, if they are there, as well as the liquidator, if the request is not made by him.

  • 2 Moreover, the Judge-Commissioner can hear any creditor and the debtor.


Article 175

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  • If a proposal for a continuation of the holding is not made or is not made in due time or if it is rejected, or the continuation ceases, the receiver shall immediately transfer and balance all the benefits of the assets without delay. that the consent or cooperation of the failings required for this purpose is necessary.

  • 2 Nevertheless, the failed sole house counsel, by designating the judge-commissioner, can be left.

  • 3 In the event of continuation of the undertaking, the assets of the estate, which are not necessary for the continuation, may be realised as well.


Article 176

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  • 1 The goods shall be sold in public or with the permission of the Judge Commissioner.

  • 2 The receiver shall have the right to approve the proceedings by the Judge Commissioner of any failure not soon or in any case not in the case of liquidable benefits.


Article 177

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The liquidator may make use of the insolvent for the purpose of the liquidation of the services, against a remuneration to be determined by the Judge Commissioner.


Article 178

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After the book has become insolvent, the Judge-Commissioner can arrange a meeting of creditors on the day and place to be determined by him, so that they can consult them as necessary on the terms of the liquidation of the book, and, if necessary, the -verification of the claims made after the expiry of the period of application of the Article 108, n ° 1 Certain time limits have still been submitted and not due to Article 127 have been verified. The liquidator shall act in relation to such claims in accordance with the provisions of the Articles 111-114 . He calls upon the creditors, at least ten days before the meeting, by letters, stating the subject of the meeting and explaining to them the provision of Article 114 is remembered.


Article 179

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As often, in the judgment of the Judge Commissioner, sufficient tokens are present, it shall recommend a division to the verified creditors and creditors as referred to in the third paragraph of Article 2 of the Treaty. Article 110 , in respect of whom a decision has been taken on what is due to them under the agreement referred to in that paragraph.


Article 180

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  • 1 The receiver shall keep the list of distribution lists and submit them to the approval of the Judge Commissioner. The list shall be in a statement of revenue and expenditure (including the salary of the liquidator), the creditors ' names, the amount verified as a result of their claims or the amount of the claims on which the creditors are entitled under the conditions laid down in this Article. Article 110, third paragraph , claim for the benefit of the contract, together with the benefit to be paid.

  • 2 For the unsecured creditors, the percentage to be determined by the Judge-Commissioner shall be set aside. For those creditors who have priority, regardless of whether they are challenged, and who are not already in accordance with Article 57 or 60 (3) the amount for which they can be allocated batigs to the yield of the goods to which their priority is to be allocated shall be provided. This is less than the whole amount of their claims, for the missing-the goods to which their claim relates have not yet been sold, for their whole claim-equal percentage as to the competitive creditors. have been allocated


Article 181

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For conditionally admitted amounts receivable on the distribution list the full amount shall be allocated to the distribution list.


Article 182

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  • 1 General bankruptcy costs are prorated over each part of the estate, with the exception of those following an execution in accordance with Article 57 or Article 60, third paragraph, second sentence , to the property or mortgage holders, to the litigants with lien and to the limited beneficiaries, tenants and tenant holders whose right has been lost or lost by the execution, but including what is required under such a execution to the receiver was paid for the benefit of a creditor who was in excess of one or more of the abovementioned persons.

  • 2 The exception provided for in paragraph 1 shall also apply in respect of aircraft which, in accordance with the provisions of the Article 59a have been sold by a creditor.


Article 183

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  • 1 The list of distribution approved by the Judge-Commissioner for a period of 10 days shall be held at the Registry of the Court of Justice for free inspection of the creditors.

  • 2 Of the deposit is provided by the care of the liquidator to each of the approved and conditionally admitted creditors, as well as to the creditors as referred to in Article 110, third paragraph , notified in writing, indicating the amount allocated to it.

  • 3 Of the deposit is made by the care of the curator notice in the news sheet or the news magazines meant in Article 14 But, in addition, to each of the approved and conditionally admitted creditors, and to the creditors as referred to in Article 4 (2). Article 110, third paragraph , information shall be given in writing, indicating the amount allocated to it.


Article 184

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  • 1 During the period referred to in the previous Article, any creditor may be opposed to the list of distribution, by the delivery of a reasoned statement of objection at the Registry; he shall be issued by the Registrar with proof of receipt.

  • 2 The objection shall be annexed to the list.


Article 185

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  • 1 If there has been resistance, the Judge-Commissioner shall, immediately after the expiry of the time-limit for inspection, determine the day at which the hearing will be dealt with at the public hearing. This Decision shall be available at the Registry for the free inspection of an individual. In addition, the Registrar shall give notice to the objectors and the liquidator in writing. The day of treatment should not be later than 14 days after the end of the period of treatment. Article 183 .

  • 2 On the given day, a written report shall be issued by the Judge-Commissioner at the hearing and the liquidator and any of the creditors may set out in person, by a written agent or by lawyer, the reasons for the hearing. control or control of the distribution list.

  • 3 On the same day, or otherwise as soon as possible, the court shall give its reasoned order.


Article 186

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  • (1) An unverified creditor, in the case of a creditor, whose claim has been verified for an amount to be too low, but in accordance with his statement, may, provided that it is not later than two days before the date on which the objection is open to the public. hearing the claim or the non-verified part of the claim with the liquidator, a copy of which shall be dealt with in the notice of appeal and, in this statement of objection, also request that it be verified.

  • 2 The verification shall be carried out in accordance with the procedures laid down in Article 119 and the following, prescribed for the public hearing, intended for the treatment of the resistance and before a start is made.

  • 3 If the object of this objection is to verify that the creditor is not to be a creditor and has not been resisted by others, the cost of the action shall be borne by the negligent creditor.


Article 187

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  • 1 The order of the court may appeal, within eight days after it has been given, to the receiver and any creditor in cassation.

  • 2 The appeal shall be lodged at the Registry of the High Court of Justice of the European Union. The President shall prescribe the day and the hour before the treatment, which shall take place within 20 days. The Registrar shall immediately inform the Registrar of the Court of Justice of the action which has been taken by the Registrar of the Court of Justice.

  • 3 The appeal is dealt with in open court. The liquidator and all creditors may take part in the proceedings.

  • 4 By the time limit of Article 183 The distribution list shall be binding, or, if resistance has been done, by the decision on the opposition in force of res judiced.


Article 188

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  • 1 By delivery of the sale by the liquidator and the payment of the purchase price, all mortgages on the goods sold shall be cancelled and the limited rights which cannot be relied on against all the verified creditors shall be cancelled.

  • 2 The Judge-Commissioner shall issue a declaration to the purchaser, if required, of the nullitiation and expiry. The certificate may be entered in the registers at or after the delivery. It shall then authorise the depositary of the records to be removed from the tenders concerned.


Article 189

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  • 1 The distribution, allocated to a conditional creditor, shall not be paid as long as his claim will not be decided. Finally, it appears that he has nothing or less to be recovered from, the funds intended for him shall be wholly or partly for the benefit of the other creditors.

  • 2 Departments intended for claims, which are the subject of priority being contested, shall be reserved, in so far as they exceed the percentage of competitive claims, until after the decision on priority is given.


Article 190

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If any priority in relation to which a creditor has priority, is sold after the creditor has Article 179 in connection with the lock of Article 180 If a benefit has already been paid to him, the amount for which he is classified on the proceeds of good batig shall be paid to him not otherwise than by deduction of the percentage which he received in advance on this amount.


Article 191

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  • 1 To creditors who, as a result of their failure to act, are first verified after the settlement has already taken place, the remaining benefits shall be paid in proportion to the amount of the creditors ' creditors already recognised. genotene, prepaid.

  • If they have primacy, they shall lose them, in so far as the proceeds of the case, on which such priority is in question, have been accorded priority by way of a former distribution list to other creditors.


Article 192

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At the end of the period of access to the inspection, Article 183 , or after judgment of the judgment has been delivered on the Resistance, the liquidator shall be obliged to do the prescribed payment without delay. Cash benefits not available within one month after that or which are Article 189 be reserved, shall be deposited by him in the cashier of the judicial consignors.


Article 193

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  • 1 Once the secured creditors have been paid the full amount of their claims, or as soon as the final distribution list has become binding, the bankruptcy shall cease, subject to the determination of Article 194 . The liquidator shall make such an announcement by the liquidator in the manner Article 14 Determined.

  • 2 After a month, the liquidator shall take into account and be responsible for his management to the Judge Commissioner.

  • 3 The books and papers, found in the estate by the curator in the estate, are issued to the debtor by him against good evidence.


Article 194

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If, following the closing-out, following: Article 189 The liquidator shall, on the order of the court, settle and distribute any benefits of the estate, which are not known at the time of the settlement, to the estate. on the basis of the earlier distribution lists.


Eighth ward. Of the legal situation of the debtor after the liquidation

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Article 195

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By making the final allocation list binding, the creditors shall, in so far as they have remained unfulfilled, recover their rights of execution on the assets of the debtor.


Article 196

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The Fourth paragraph of Article 121 The recognition of an action brought against the debtor shall have the force of recognition; the minutes of the verification meeting shall, for the claims specified therein, provide the instrument capable of being enforced against the debtor.


Article 197

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The provision of the previous article shall not apply to the extent to which the claim by the insolvent in accordance with Article 126 is disputed.


Ninth subsection. Dilapiated [ Expiring per 01-01-2003]

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Article 198 [ Expired by 01-01-2003]

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Article 199 [ Expired by 01-01-2003]

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Article 200 [ Expestablished per 01-01-2003]

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Article 201 [ Expired by 01-01-2003]

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Article 202 [ Verfalls per 01-01-2003]

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Tenth department. Provisions of international law

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Article 203

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Creditors, who, after the declaration of bankruptcy, have recovered their claim in whole or in part separately from abroad, are not subject to priority, goods of the debtor failed in the Netherlands, are required to be creditors. It was thus to compensate the estate for the estate.


Article 204

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  • 1 The creditor, who is transferring his claim against the insolvent, in whole or in part, to a third party, in order to enable it to recover, in whole or in part, in whole or in part, or in the case of priority, on the rest of the world (i) the goods contained in the insolvent are obliged to pay the assets so that they were removed.

  • 2 The transfer shall be presumed, except in the case of counterproof, to have done so if it was done with the knowledge that the declaration of bankruptcy was already applied for or requested.


Article 205

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  • 1 Equal obligation to pay compensation to the estate of a person who transfers all or part of his claim or debt to a third party, which is thereby able to enter into a foreign account not permitted by that law abroad. calling.

  • 2 The second paragraph of the previous article is applicable here.


Eleventh department. From rehabilitation

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Article 206

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After the bankruptcy in accordance with the Articles 161 or 193 ended, is the debtor or his heirs shall have the power to surrender a request for rehabilitation to the court, which has brought proceedings for bankruptcy.


Article 207

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The debtor or his heirs shall not be admissible until such request, unless the application provides evidence to show that all the creditors recognised have been satisfied, to the satisfaction of each of them.


Article 208

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The request shall be made in the Official Gazette.


Article 209

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  • 1 Each creditor is entitled, within the period of two months of notice of notice, to oppose the application by giving a reasoned statement of appeal to the Registry; he shall be the subject of a certificate by the Registrar of the following: receipt issued.

  • 2 This objection will only be justified on the basis of which the applicant is unable to comply with the requirement of Article 207 is satisfied.


Article 210

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In the course of the two months mentioned above, the court shall, at the conclusion of the prosecutor's office, allow or refuse the request, whether there has been any opposition or opposition.


Article 211

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No appeal or cassation shall be authorised by the decision of the Court.


Article 212

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The judgment, where the rehabilitation is authorized, shall be delivered in open court, and note shall be taken in the public hearing of the judgment. Article 19 the said register.


Section 11A. Of the final nature of settlement of payments and securities transactions in payment and settlement systems

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Article 212a

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For the purposes of this Section and Section 11AA The following definitions apply:

  • a. Setting:

  • b. system:

    • 1 °. one by the Minister of Finance on the basis of Article 212d designated system;

    • 2. a formal agreement which is governed by the law of a Member State of the European Union or of another State which is a party to the Agreement on the European Economic Area and which is the same as that of another Member State of the European Union, system in the sense of Directive No 98 /26/EC from the European Parliament and the Council of the European Union of 19 May 1998 (PbEG L 166) has been notified to the European Securities and Markets Authority;

  • c. central counterparty: a body that is capable of participating in a system between the institutions acting as the exclusive counterparty of these institutions in respect of their transfer orders;

  • d. Settlement Office: means a body that makes available to institutions or central counterparties participating in systems, settlement accounts through which transfer orders are settled within those systems;

  • e. Settlement Institute: a body responsible for the calculation of the net positions of the institutions, any central counterparty or any settlement agent;

  • f. Participant: an institution, a central counterparty, a settlement agent, a system operator, or a settlement institution;

  • g. [ Red: expired;]

  • h. central bank: a central bank of a Member State of the European Union, the central bank of another State which is a party to the Agreement on the European Economic Area, or the European Central Bank;

  • i. branch: a durable in a state other than the State of the seat shall be part of an institution without legal personality;

  • j. financial instrument: a financial instrument as referred to in Article 1: 1 of the Law on Financial Supervision ;

  • k. transfer order: an assignment by a participant to make a money available to a recipient by means of a booking on the accounts of a bank, a central bank, a central counterparty or a settlement agent; or any contract that results in the inclusion or fulfilment of a payment obligation as defined in the rules of the system, or a request by a participant to pass through a booking in a registry or otherwise, the rights or to transfer rights in respect of one or more financial instruments;

  • 1. insolvency proceedings: any collective measure provided for in the legislation of a Member State or a third country for the purpose of winding up or reorganisation of the participant where such a measure is accompanied by a suspension of, or imposition of restrictions on transfers and payments;

  • m. netting shall convert into a single net claim or net liability of claims and liabilities arising from transfer orders which a participant gives to or receives from, or those participants give to, or receive from, one or more of the more other participants, with the result that only a net claim or a net liability arises;

  • n. Settlement account: an account with a central bank, a settlement agent or a central counterparty, used for holding money or financial instruments, and which also means transactions between participants in a system. Settled;

  • o. workday: the period for settlement both during the day and at night, and which includes all events taking place during the operating cycle of a system;

  • p. interoperable systems: two or more systems of which the system operators have adopted arrangements for the implementation between the systems of transfer orders;

  • q. system operator: a Minister of Finance on the basis of Article 212d designated system operator.


Article 212b

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  • 1 By way of derogation from the Article 23 and 35 shall not return a participant's declaration of bankruptcy until the beginning of the day on which it is pronounced, in respect of a transfer order issued by that participant before the date of the bankruptcy declaration of that participant, to forage or any payment, delivery, reckoning or other act resulting from such a contract necessary to execute the contract in full in the system or rights and obligations imposed on a participant arose from or in connection with his participation in the system.

  • 2 By way of derogation from Article 63a , the cooling-off period does not apply to a right of redress for goods belonging to the assets or to the addition of goods in the power of the insolvent or the liquidator, or to the goods to which such power is subject. where that competence is granted to a central bank or, in the case of participation in the system, to another participant in the system.

  • 3 The Article 23 , 24 , 35 , 53, 1st Member , and 54, second paragraph, of this Act ; and Article 72, introductory wording and point (a) of Book 3 of the Civil Code , may not be relied on to third parties in respect of a transfer order issued by a participant after the time of bankruptcy of that participant, assignment or any arising out of any such assignment. payment, delivery, netting or other legal act required to complete the contract, if the assignment in the system is carried out within a business day as defined by the rules of the system, during which the contract is bankruptcy declaration has taken place and the system operator can demonstrate that it is on the the time at which these contracts become irrevocable do not know or belong to the bankruptcy declaration.

  • 4 The first and third members shall apply mutatis mutandis to the granting and the exercise of a power as referred to in paragraph 2 and in the case of a declaration of bankruptcy of an interoperable system operator which is not a participant.

  • 5 In the case of interoperable systems, each system establishes in its own rules the time of introduction and the moment of irrevocability in the system so as to ensure, as far as possible, that the rules of all interoperable interoperable devices are established. Systems are coordinated in this respect. Unless specifically provided for in the rules of the systems forming part of the operable systems, the rules of the other systems with which a system is interoperable shall allow the rules applied in that system to the time of the day of the day of the day of the day. Introduction and irrevocability is without prejudice


Article 212c

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  • 1 The Registrar of the Court of Justice shall inform De Nederlandsche Bank N.V. immediately of the declaration of bankruptcy.

  • 2 De Nederlandsche Bank N.V. thereafter made the position of the Minister of Finance on the basis of Article 212d designated systems, as well as the competent authorities of the other Member States of the European Union and of the other States Parties to the Agreement on the European Economic Area, as well as the European Systemic Risk Board and the European Securities and Markets Authority, in knowledge of the bankruptcy declaration.


Article 212d

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  • 1 The Minister of Finance can, Heard De Nederlandsche Bank N.V., designate as the system operator and the distinct system a formal agreement between three or more participants, the system operator, a settlement agent, a central bank. counterparty, non-settlement institute or indirect participant, with common rules and standard clearing or transfer orders between the participants, provided that:

    • a. Participants have chosen the Dutch law as the law applicable to that agreement; and

    • b. at least one of the participants has its principal place of business in the Netherlands.

    As a system operator, an entity or entities that is legally responsible for the operation of a system may be designated.

  • 2 If necessary for the purpose of avoiding systemic risks, the Minister of Finance, De Nederlandsche Bank N.V. may, as a system, designate a formal agreement between two participants, a settlement agent, a 'central counterparty' means a central counterparty, a netting institute or an indirect participant, with common rules and standard procedures for the execution of transfer orders between the participants, provided that:

    • a. Participants have chosen the Dutch law as the law applicable to that agreement; and

    • b. at least one of the participants has its principal place of business in the Netherlands.

  • 3 A contract concluded between interoperable systems shall not constitute a system.

  • 4 The Minister of Finance may attach instructions to the decision designating as a system and to the decision on the system operator as a system operator.

  • 5 The system operator shall inform De Nederlandsche Bank N.V. of the institutions participating directly or indirectly in the system, as well as of any commencement or termination of participation by an institution in the system. The Nederlandsche Bank N.V. receives the information on behalf of the Minister of Finance.

  • 6 The notice of a decision referred to in paragraph 1 shall be communicated in the Official Gazette.

  • 7 The Minister of Finance shall report the designated systems to the European Securities and Markets Authority.

  • 8 An institution shall, on request, inform any person who has a legitimate interest in the systems in which it participates and provides information on the main rules applicable to the operation of those systems.


Article 212th

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In the case of insolvency proceedings opened against a Participant, the rights and obligations it has in or in relation to participation in that system shall be determined by the law governing that system.


Article 212f [ Expired by 01-05-2008]

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Section 11AA. From the bankruptcy of a bank

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§ 1. Bank established in the Netherlands and outside the European Economic Area with branch in the Netherlands

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Article 212g

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  • For the purposes of this Section, the following definitions shall apply:

    • a. Bank: bank as referred to in Article 1: 1 of the Law on Financial Supervision ;

    • (b) winding-up proceedings: a collective procedure, including bankruptcy, opened in a Member State, which shall make it possible to monetize the assets of a bank and to distribute the proceeds to creditors in an applicable manner, consists of shareholders or members, which necessarily involves actions by administrative or judicial authorities, including the collective procedure concluded by a judicial agreement or other measure of the same meaning;

    • (c) Member State: a State which is a member of the European Union and a State other than a Member State of the European Union which is a party to the Agreement on the European Economic Area (Trb. 1992, 132);

    • (d) Member State of origin: where the bank is a legal person, the Member State in which a bank has its seat or, where the bank is not a legal person, the Member State in which it has its head office;

    • (e) competent authorities shall mean the administrative or judicial authorities competent to deal with winding-up proceedings;

    • f. supervisory authority: the body which is responsible for the credit system in a Member State or under the law;

    • g. curator: the liquidator or any other person or body appointed by the competent authorities of a Member State other than the Netherlands or by an administrative organ of the bank to carry out the winding-up proceedings;

    • h. financial instruments: instruments specified in Article 1: 1 of the Law on Financial Supervision ;

    • (i) deposit: a deposit as intended in Article 1: 1 of the Law on Financial Supervision ;

    • j. guaranteed deposit: a deposit in so far as this is for remuneration under the deposit guarantee scheme, as referred to in Article 4 (1) of the Treaty. Article 3:259, 2nd paragraph, of the Financial Supervision Act is eligible;

    • k. Deposit agreement: the contract under which a deposit holder holds a deposit with a bank;

    • (l) transferee shall mean the person who acquits any deposit agreements, assets or liabilities other than in the form of deposit agreements, the person who is willing to do so and the person who examines whether he is prepared to do so;

    • m. Qualifying deposit: deposit that is subject to the operation of the deposit guarantee scheme, Article 3:259, 2nd paragraph, of the Financial Supervision Act ;

    • n. Small, medium-sized and micro-enterprises: Small, medium and medium-sized enterprises as regards the criterion of annual turnover defined in the European Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (PbEU 2003, L), 124/16);

    • o. Regulation common settlement mechanism: Regulation (EU) Council Regulation (EC) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the settlement of credit institutions and certain investment firms in the framework of a single market settlement mechanism and a common bank resolution fund and amending Regulation (EU) No 1093/2010 of the European Parliament and of the Council (PbEU 2014, L 225);

    • m. Regulation Banking Supervision: Council Regulation (EU) No 1024/2013 of 15 October 2013 confering specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (PbEU) 2013, L 287).

  • 2 For the purposes of this Section, a bank shall be established in:

    • (a) the State where the registered office is situated, if it concerns a legal person who has a registered office in accordance with the law applicable; and

    • (b) the State where it has its central management and is effective in its principal position, if it is a bank other than the bank, as referred to in subparagraph (a).


Article 212h

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  • 1 By way of derogation from Article 2, first paragraph , the bankruptcy certificate of a bank based in the Netherlands is made by the Amsterdam court.

  • 2 A bank established in a Member State other than the Netherlands, which has obtained a licence there, cannot be declared bankrupt in the Netherlands.

  • 3 The first paragraph shall be by way of derogation from Article 2, second to fourth paragraphs , mutatis mutandis, on the declaration of bankruptcy of:

    • a. A credit institution established in a Member State other than the Netherlands, which has not obtained a licence in that Member State, and which carries out its business from a branch situated in the Netherlands; and

    • b. One in a State which is not a Member State-based credit institution carrying out its business from a branch situated in the Netherlands.


Article 212ha

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  • 1 The Nederlandsche Bank may request the court of Amsterdam in respect of a bank or investment firm as referred to in Article 3A: 2, part b, of the Financial Supervision Act to declare bankruptcy if the conditions set out in Article 18, first paragraph, parts a and b of the Single Resolution Mechanism Regulation are met.

  • 2 Other than De Nederlandsche Bank N.V. may not claim the bankruptcy of a bank that has received a licence granted by the European Central Bank or the Netherlands.

  • 3 A bank which has a licence granted by the European Central Bank of De Nederlandsche Bank N.V. may make a declaration of its own bankruptcy. In that case, the court shall enable the European Central Bank of De Nederlandsche Bank N.V., depending on the allocation of powers under Articles 4 and 6 of the Banking Supervision Regulation, to be heard before deciding on the declaration.


Article 212hb

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If the interests of the joint creditors in the settlement of a bank with a seat in the Netherlands which do not have a permit issued by the European Central Bank or De Nederlandsche Bank N.V. need a special provision, the Court Amsterdam, at the request of De Nederlandsche Bank N.V., pronounce the bankruptcy.


Article 212hc

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The Nederlandsche Bank N.V. may, at its request, submit a transfer plan as referred to in Article 3:159c, third paragraph, introductory sentence and subparagraph a, of the Financial Supervision Act consult with the request to approve the transfer plan. Article 3:159o, second and third members, of the Financial Supervision Act shall apply mutatis mutandis.


Article 212hd

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The Nederlandsche Bank N.V. shall send a copy of the application to the bank and notify the content of the application to the supervisory authorities of the other Member States in which a branch of the bank is situated or to which it is attached. the supply of services from its premises in another Member State.


Article 212a

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The court deals with the request of De Nederlandsche Bank N.V. to pronounce the bankruptcy or a declaration by the bank with the most urgency at a non-public hearing at the foot of the court order in civil matters, in so far as has not been derogated from by this Law.


Article 212hf

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  • 1 The bank may, after having been given an opportunity to be heard, reject the investment firm against the judgment of the Nederlandsche Bank N.V. which is satisfied with the conditions set out in Article 4 (1) of the Article 212ha, first paragraph .

  • 2 Where a bank has been subject to a judgment as referred to in paragraph 1, the court shall declare that the defence is justified only if De Nederlandsche Bank N.V. has not been able to reach that judgment in reasonableness.


Article 212hg

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  • 2 In case De Nederlandsche Bank N.V. refers to a transfer plan as referred to in Article 212hc has submitted, the court approves the transfer plan, unless the price specified in the transfer plan or method on which the price the transferee is willing to pay is determined, given the circumstances of the case, not a reasonable Price or wise. In determining whether the price or wise is reasonable, it is based on the bank's foreseeable future prospects in the situation in which the transfer plan is not approved.

  • 3 Without prejudice to the second paragraph, the court shall approve the plan relating to the transfer of assets or liabilities, unless the creditors would be penalised by it.


Article 212hga

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  • 1 In pronouncing the bankruptcy, the court appoints one of its members to become a judge commissioner and appoints one or more curators. De Nederlandsche Bank N.V. may make nominations for the appointment of the liquidator or curators.

  • 2 If the request is awarded, the order shall be delivered at a public hearing and an extract thereof shall be published immediately by the administrator in the Official Gazette, the Official Journal of the European Union, and in At least two Dutch daily newspapers to be designated by the court and at least two of the national newspapers of each Member State where a branch of the bank is situated or to which services is provided by the court. The extracts shall indicate the name and the registered office of the bank, the place of residence or the office of the liquidator and the date of the order. Publication in national newspapers shall be in the official language or languages of the Member State concerned. In addition, the publication in the Official Journal of the European Union and the national daily newspapers of each Member State where the bank has a branch or services to which it carries out services indicates that it is in bankruptcy, subject to exceptions, Dutch law applies, the legal basis, whether the European Central Bank or De Nederlandsche Bank N.V. is the competent supervisory authority, as well as the final date on which appeal in cassation against the order can be brought by indication of the full address of the High Court and the subject matter of the decision.


Article 212hi

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  • 2 By way of derogation from Article 8, first paragraph , no appeal is open against the pronouncing of bankruptcy if the court also requests for approval of a transfer plan as referred to in Article 3 (1) of the EC Treaty. Article 212hc has been assigned.


Article 212hj

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The Articles 3:159k , 3:159l and 3:159p of the Financial Supervision Act shall be applicable mutatis mutandis.


Article 212hk

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  • 1 In case De Nederlandsche Bank N.V. does not submit a transfer plan as referred to in the declaration of bankruptcy in case of its request for bankruptcy Article 3:159c, third member, of the Financial Supervision Act has submitted, or if it has not, but the court has not approved the transfer plan, De Nederlandsche Bank may yet again prepare a transfer plan for the Netherlands.

  • 2 The transfer plan may relate to the transfer of deposit agreements and assets or liabilities other than to deposit agreements.

  • 3 In the case of, or under general management, detailed rules may be laid down regarding the transfer plan and preparation thereof.


Article 212hl

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  • 1 If De Nederlandsche Bank N.V. prepares a transfer plan, it shall inform the receiver immediately after commendation of the preparation.

  • 2 After De Nederlandsche Bank N.V. has made the communication referred to in paragraph 1, it may, without prejudice to what is stipulated in the Articles 5:15 and 5:20 of the General Law governing law , oblige the administrator to:

    • a. Data or information to be supplied to:

      • 1 °. a transferee and experts described by De Nederlandsche Bank N.V. in particular, assisting the transferee; and

      • 2 ° by the Netherlands Bank N.V. in particular by the latter, assisting De Nederlandsche Bank N.V. in the preparation of the transfer plan; and

    • b. to allow the transferee of the transferee and in particular referred to in subparagraph (a) of this paragraph to enter any place with the exception of a residence of the bank.

  • 3 The persons referred to in paragraph 2 shall make use of the cooperation, data or information referred to in the second paragraph, and enter the place referred to in paragraph 2, only to the extent that it is reasonable to prepare for the preparation of the The transfer plan is required.

  • 5 Without prejudice to paragraph 1, any prohibition on the preparation of the transfer plan, whether or not on the basis of the law or any agreement, shall be made known.

  • 6 In the case of, or under general management, detailed rules may be laid down in respect of what is laid down in the third, fourth and fifth paragraphs.

  • 7 The receiver, the bank and an undertaking belonging to the group to which the European Central Bank or De Nederlandsche Bank N.V. belongs, as well as the persons referred to in the second paragraph, and the transferee are excluded of any data or intelligence disclosure obligations or information referred to in the Act, as provided for in paragraph 2, up to the date of the approval of the transfer plan.


Article 212hm

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Following the communication referred to in Article 212hl, first paragraph , the receiver shall cooperate in the preparation of the transfer plan.


Article 212hn

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  • 2 If De Nederlandsche Bank N.V. on the basis of Article 212hk has prepared a transfer plan, she may ask the court Amsterdam to approve the transfer plan.


Article 212ho

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  • 1 The court deals with the request of De Nederlandsche Bank N.V. for the approval of the transfer plan with most urgency at a non-public hearing at the foot of justice in civil matters, to the extent that this law does not apply to has departed.

  • 2 The court approves the transfer plan unless the price or method of payment specified in the transfer plan is determined, given the circumstances of the case, not a reasonable price or a way of providing the price that the transferee is willing to pay.


Article 212hp

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The curator is carrying out the transfer plan as soon as possible after the court approved it.


Article 212hq

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  • 1 De Nederlandsche Bank N.V. may, in consultation with the liquidator, request the court of Amsterdam to adapt a transfer plan which has already been approved. Article 3:159y, second and third members , mutatis mutandis, shall apply to the approval of the amendment.

  • 2 In the event that the court does not approve the adjustment, it rejects the request for adjustment of the transfer plan and the transfer plan remains in place.


Article 212hr

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The Articles 212ha to 212hq shall apply mutatis mutandis to a branch situated in the Netherlands of a bank with a registered office in a State which is not a Member State.


Article 212i

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The Nederlandsche Bank N.V. may submit a request for a bank to be bankrupt without the intervention of a lawyer.


Article 212j

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The Netherlands Bank N.V. shall transmit a copy of its application to the bank and shall notify its contents of the following:

  • (a) the supervisory authorities of the other Member States where the bank has a branch or where it carries out services from the establishments in the European Union, if it concerns a bank located in the Netherlands;

  • (b) the supervisory authorities of the other Member States to which they provide services from a branch in the Netherlands if it concerns a bank established outside the European Union.


Article 212k

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The Nederlandsche Bank N.V. shall propose a draft decision as set out in Article 1:104, Fifth paragraph, of the Financial Supervision Act on or withdraws the licence of the bank, if it is still in possession of a licence at the time of the declaration of bankruptcy.


Article 212l

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  • 1 Where a request to express the transfer scheme or the emergency settlement within the meaning of the Law on financial supervision the bank shall be suspended at the same time as the bank has its own declaration, the proceedings shall be suspended until such time as the emergency procedure is in place at the request of the decision to pronounce the transfer scheme.

  • 2 If the court decides the transfer scheme or the emergency rule, the bank ' s own declaration shall be cancelled by law.


Article 212m

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  • 1 After the court order an emergency settlement as intended Article 3:160 of the Financial Supervision Act has pronounced, it can, in derogation from Article 1 , the European Central Bank of De Nederlandsche Bank N.V., having regard to the allocation of powers under Articles 4 and 6 of the Banking Supervision Regulation, heard at the request of the directors, on a proposal from the Judge-Commissioner, or of its own motion, declare that the bank with its registered office in the Netherlands is bankrupt if it is found that it has a negative own funds and the object to be attained has been achieved or is no longer capable of being achieved no longer a reasonable prospect, or, if no authorisation has been granted, that it is the aim of an authorisation to be attained can still be achieved.

  • 2 The emergency and authorisation shall be automatically valid where the financial undertaking referred to in the first paragraph is declared bankrupt.


Article 212ma

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If a bank is declared bankrupt without being able to Article 212m, first or third member , has been applied, is Section 3.5.6 of the Law on Financial Supervision applicable mutatis mutandis.


Article 212n

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After the notification, which is to be found in Article 212c , De Nederlandsche Bank N.V. shall, without delay, inform the supervisory authorities of all other Member States of the declaration of bankruptcy and of its possible consequences in the case in question.


Article 212o

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  • 2 In addition to the data referred to in Article 14 , the administrator shall state that the Netherlands law is applicable, subject to exceptions.

  • 3 The insolvency administrator may request that the bankruptcy be entered in a public register in another Member State.

  • 4 The costs of registration at the foot of the third member shall be in debt.


Article 212p

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  • 1 The liquidator shall immediately inform all known creditors of the declaration of bankruptcy, in writing.

  • 2 The curator who is at the foot of Article 109 notify all known creditors of the decisions referred to in that Article, including the effects of the filing of a claim after the expiry of the period referred to in Article 2 (1) (b) of that Article. Article 108, first paragraph, part 1 , and that creditors, including the creditors with a privilege or commercial security, must submit their claims to the liquidator, including, in the case in question, the issue which is entitled to a privilege or commercial security. will be created.

  • 3 The liquidator shall regularly inform all known creditors, in an appropriate manner, of the conduct of the proceedings at any time.


Article 212q

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  • 1 The notification referred to in Article 212p, first paragraph If a known creditor is habitual or resident in a Member State, it shall be in Dutch with a form which shall bear the title in all the official languages of the European Union. ' Call for observations relating to the official languages of the European Union. claims. Time limits '.

  • 2 Any creditor with habitual residence or domicile in a Member State may lodge his claim and written observations relating to his claim in an official language of that Member State with a declaration of words in the Netherlands Language "Submission of a claim" shall mean "Submission of observations relating to a claim".

  • 3 The liquidator may require a translation into the Netherlands of the document in which the claim is lodged and the observations relating to the claim.


Article 212r

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By way of derogation from Article 52, second paragraph , welcomes the publication of the bankruptcy declaration of a bank which is not a natural person to the estate if the person who did so proves that he was not aware of the bankruptcy statement.


Article 212ra

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  • 1 The following claims shall be recovered from the estate following the claims, mentioned in: 288 of Book 3 of the Civil Code and for the claims of competitive creditors, in the following order:

    • a. claims relating to guaranteed deposits and claims by the Netherlands Bank on the basis of Article 3:261, 4th paragraph, of the Financial Supervision Act the rights of the depositors of the depositors in respect of a claim against the unpowerful credit institution have entered into force;

    • b. claims in respect of the portion of eligible deposits greater than the amount of the allowance paid under Article 3:259, third paragraph, part b, of the Financial Supervision Act is established, which deposits are held by natural persons and by micro, small and medium-sized enterprises, as well as of deposits, held by natural persons and by micro, small and medium-sized enterprises which are would be eligible deposits if they had not been held in branches of banks having a seat in the European Union located outside the European Union.

  • 2 Both within subparagraph (a) and within subparagraph (b) of the first paragraph, the claims shall have an equal rank among themselves.


§ 2. Provisions of private international law

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Article 212s

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  • A decision taken in a Member State of origin other than the Netherlands to initiate winding-up proceedings in respect of a bank shall be recognised by law.

  • 2 The decision shall have legal effects within the Netherlands from the time when it has legal effects in the home Member State.


Article 212t

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The decision to open winding-up proceedings, the winding-up proceedings itself and the legal effects of the winding-up proceedings shall be governed by the law of the Member State in which the winding-up proceedings are opened, unless the law provides otherwise.


Article 212u

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  • 1 The decision to open winding-up proceedings shall be without prejudice to the right of a creditor or a third party to goods or goods, both to goods and to goods and to the composition of an indefinite exchange of goods, which are not supplies to the bank and which are situated in the territory of a Member State other than the home Member State at the time when the decision to initiate the winding-up proceedings has legal effect.

  • 2 For the purposes of the first paragraph, the provisions of goods law shall, in any event, be understood as:

    • a. The right to make or make a good monetize and to be fulfilled from the proceeds of or income from the property, in particular on the basis of a right of property or right of mortgage;

    • (b) the exclusive right to collect a claim, in particular on the basis of a lien right to the claim or on the basis of a cession to the security of the claim;

    • (c) the right to require that good issue or to require undisturbed enjoyment of the right of any person who holds the right to claim without right;

    • d. the right to draw benefits under the law of goods.

  • 3 For the purposes of application of paragraph 1, a right of goods entered in a public register to obtain a right of goods of the kind referred to in the first paragraph which may be registered to third parties Cast in.

  • For the purposes of this Article, the Member State in which a good one is located shall be:

    • a. concerning registry goods and rights to registry goods, the Member State under the authority of which the relevant register is held;

    • (b) in respect of cases where not covered by subparagraph (a): the Member State in the territory of which the case is situated;

    • (c) in respect of claims, the Member State in the territory of which the third-debtor is established.


Article 212v

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  • 1 Where the bank has purchased a case, the decision to open winding-up proceedings shall be without prejudice to the rights of the seller based on a reservation of title, if the case to which the retention of title relates to the case, the time at which the decision to initiate winding-up proceedings has legal effect shall be in the territory of a Member State other than the Member State of origin.

  • 2 Where the bank has sold a case, the decision to open winding-up proceedings shall not be grounds for termination or termination of the sale contract, and the winding-up proceedings shall not prevent the buyer from ownership of the case purchased If the case is in the territory of a Member State other than the Member State of origin at the time of the legal effects of the decision to initiate the winding-up proceedings.


Article 212w

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If the person who is both a creditor and a debtor of the bank is competent to charge his debt with the claim on the bank under the law applicable to the bank's claim, the decision to open the bank shall be open to the bank. winding-up proceedings shall be without prejudice to such powers.


Article 212x

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The Articles 212h to 212w do not stand in the way of a claim for nullity, destruction or failure to be relied on as a result of a legal act because of the disadvantage of the full creditors which is the result of that act.


Article 212y

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By way of derogation from Article 212t the effects of a winding-up procedure on contracts of employment and other legal relationships in respect of the provision of employment shall be governed solely by the law of the Member State which applies to that contract or to the law of law a.


Article 212z

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By way of derogation from Article 212t the effects of a winding-up procedure for an agreement giving entitlement to the enjoyment or acquisition of immovable property shall be governed solely by the law of the Member State in whose territory the immovable property is situated. This right determines whether a case is movable or immovable property.


Article 212aa

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By way of derogation from Article 212t the effects of a winding-up procedure on the rights of the bank in a register shall be governed by the law of the Member State under the authority of which the register is held.


Article 212bb

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By way of derogation from Article 212t without prejudice to: Article 212h , the effects of a winding-up procedure on the rights and obligations of participants in a regulated market as referred to in Article 1 (13) of Directive No 93 /22/EEC The Council of the European Communities of 10 May 1993 on investment services in the securities field (PbEG L 141) exclusively governed by the law applicable to that market.


Article 212cc

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By way of derogation from Article 212t the legal validity of an act, for consideration, is entered into by the bank after the date of opening of a winding-up procedure, with which it has a register or securities or other securities of which it is whether the transfer assumes registration in a statutory register or account in a statutory account, or which are placed in a central securities pool governed by the law of a Member State, governed by the law of the Member State under the authority of which the register, account or deposit is Or, in the case of immovable property, by the law of the Member State in which the immovable property is situated.


Article 212dd

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By way of derogation from Article 212t the effects of the winding-up proceedings in respect of a pending legal claim concerning a property which has been lost by the bank and the decision of the bank shall be governed solely by the law of the Member State in which the action is pending.


Article 212ee

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Article 212t does not apply to rules relating to the nullity, the destruction of legal acts for the whole of creditors, nor to the rules which determine whether such legal acts can be relied on, if the person who has benefited from that legal act proves that:

  • (a) that legal act shall be governed by the law of a Member State other than the Member State of origin; and

  • (b) that right in the given case does not provide for the possibility of such a legal act being adversely affected by the possibility of such damage being brought against it.


Article 212ff

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By way of derogation from Article 212t the effects of a winding-up procedure for netting contracts as referred to in Article 1 (2) of the Treaty Article 212a, part m , governed solely by the law applicable to that agreement.


Article 212gg

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By way of derogation from Article 212t without prejudice to: Article 212h -the effects of a winding-up procedure for an agreement whereby one party, the buyer, commits to a subsequent transfer of an equal amount of assets of the same kind to the seller, governed solely by the law of the Member State that applies to that Agreement.


Article 212h

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By way of derogation from Article 212t the effects of a winding-up procedure for the exercise of the rights to financial instruments whose existence or transfer is entered in a register, on an account or in a situation held or situated in a Member State Centralised securities depository presupposes, solely governed by the law of the Member State where the register, account or centralised securities deposit where these rights are registered or maintained.


Article 212ii

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  • 1 Subject to the power to use a coercive measure and the power to award a ruling in proceedings or a dispute has the receiver of a Member State of origin other than the Netherlands in the Netherlands the powers which he the Member State of origin. The mode of exercise of these powers in the Netherlands is governed by Dutch law.

  • 2 The curator may appoint persons to represent him or otherwise assist him.

  • 3 If, on the basis of the law of the Member State of origin, persons have been appointed to represent or otherwise assist the liquidator, they may exercise the powers conferred on them by virtue of the law of that Member State. territory of the Netherlands.


Article 212yy

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  • 1 For the proof of appointment of the liquidator from a Member State other than the Netherlands, a certified copy of the designation decision or any other written copy given by the competent authorities of the Member State shall be sufficient. Explanation.

  • 2 The receiver from a Member State other than the Netherlands shall show a translation in the Dutch language of the copy to any person in respect of whom he wishes to exercise his/her powers.


Article 212kk

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At the request of a liquidator from a Member State other than the Netherlands, the information relating to a winding-up procedure, opened in a Member State other than the Netherlands, is entered in the register by the Registrar of the Court of The Hague, in Article 19, first paragraph .


Article 212ll

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If the bankruptcy of a bank not established in a State of the European Union or of a State party to the Agreement on the European Economic Area and a branch in the Netherlands has been declared bankrupt, the Registrar shall of the court De Nederlandsche Bank N.V. immediately informed the contents of the decision as well as the possible consequences thereof in the case in question. The Nederlandsche Bank N.V. shall immediately inform the competent authorities of the other Member States of the European Union and of the other States Parties to the Agreement on the European Economic Area of the Decision, as well as the possible consequences thereof in the case in question. The Nederlandsche Bank N.V. shall inform the competent authorities of the other Member States of the European Union and of the other States Parties to the Agreement on the European Economic Area of the Decision and of the European Economic Area of the European Union. termination of the declaration of bankruptcy.


Article 212mm

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  • 1 If a bank which is not established in a Member State of the European Union or a State party to the Agreement on the European Economic Area and a branch has a branch in the Netherlands and one or more branches in other Member States, Both the court and the Netherlands Bank shall endeavour to coordinate their action with the competent authorities, on the other hand, with the supervisory authorities of those other Member States.

  • 2 In the case referred to in paragraph 1, the liquidator appointed in the Netherlands shall endeavour to coordinate his action with the liquidators in the other Member States in which the financial undertaking has been authorised.


Article 212nn

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The liquidator may, in the reports referred to in Article 73a , do not include any information or intelligence related to third parties who have been or have been involved in attempts to enable the bank to continue its business.


Section 11AB. From the bankruptcy of an investment firm as intended Article 3a: 2, part b, of the Financial Supervision Act

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Article 212oo

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The articles 212h, first paragraph , 212ha to 212hq , 212i , 212j , and 212l to 212nn shall apply mutatis mutandis to investment firms referred to in the Article 3A: 2, part b, of the Financial Supervision Act , except that in Article 212ha for 'Article 2:11' is replaced by the following: 2:96.


Section 11B. From the bankruptcy of an insurer

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§ 1. Definitions

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Article 213

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For the purposes of this Section, the following definitions shall apply:

  • a. Insurer: a non-life insurer or life insurer as referred to in subparagraph (e) and (e) respectively;

  • Contract of non-life insurance: a non-life insurance contract as referred to in Article 1: 1 of the Law on Financial Supervision ;

  • c. Contract of life insurance: a life insurance contract as intended in Article 1: 1 of the Law on Financial Supervision ;

  • d. Non-life insurer: a non-life insurer as referred to in Article 1: 1 of the Law on Financial Supervision which falls within the scope of the Solvency II Directive;

  • e. life insurer: a life insurer as referred to in Article 1: 1 of the Law on Financial Supervision which falls within the scope of the Solvency II Directive;

  • f. seat: the place where an insurer or parent company of an insurer is established in accordance with its statutes or regulations or, if it is not a legal person, the place where the insurer or its parent is or is Principal establishment;

  • g. branch: a permanent presence of an insurer, with the exception of the seat, managed by the insurer's own staff or by an independent person authorised to act on a durable basis for the insurer;

  • h. winding-up proceedings: a collective procedure, including bankruptcy, opened in a Member State of the European Union, which shall make it possible to monetize the assets of an insurer and to distribute the proceeds in accordance with the applicable rules the creditors, shareholders or members, which necessarily involves actions by the administrative or judicial authorities of that Member State, including the collective procedure concluded with a judicial system; agree or any other measure of the same scope, regardless of whether the procedure is on insolvency, and whether the procedure has been opened on its own declaration by the insurer or at the request of another person;

  • (i) Member State: a Member State of the European Union or of a State other than a Member State of the European Union which is a Party to the Agreement on the European Economic Area (Trb) reached on 2 May 1992. 1992, 132);

  • (j) home Member State shall mean the Member State where the insurer has its registered office;

  • k. competent authorities shall mean the administrative or judicial authorities competent to deal with winding-up proceedings;

  • L. supervisory authority: the body which is responsible for the insurance of the business in a Member State or under the law;

  • m. 'curator' means the liquidator or any other person or body appointed by the competent authorities of a Member State other than the Netherlands or by a governing body of the insurer in order to execute the winding-up proceedings;

  • n. Insurance claim shall mean the claim arising out of an insurance contract, directly on the insurer;

  • o. emergency procedure: the emergency procedure, intended to Section 3.5.5 of the Financial Supervision Act ;

  • p. transferee: the person who takes over assets or liabilities, the person who is willing to do so and the person who investigates whether he is willing to do so;

  • q. parent company: a parent company as intended in Article 1: 1 of the Law on Financial Supervision ;

  • q. Directive solvency II: Directive 2009 /138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (PbEU 2009, L). 335).


§ 2. Insurance with registered office in the Netherlands, without a licence with a seat in a Member State other than the Netherlands and insurers with a seat outside the European Union with a branch in the Netherlands

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Article 213a

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  • 1 By way of derogation from Article 2, first paragraph , the bankruptcy certificate of an insurer with a seat in the Netherlands is made by the Amsterdam court.

  • 2 An insurer with a seat in a Member State other than the Netherlands which has obtained a licence there is unable to be declared bankrupt in the Netherlands.

  • 3 The first paragraph shall be by way of derogation from Article 2, second to fourth paragraphs , mutatis mutandis, on the declaration of bankruptcy of:

    • a. An insurer with a seat in a Member State other than the Netherlands which has not obtained a licence in that Member State and which carries on its business from a branch situated in the Netherlands; and

    • (b) an insurer with a registered office in a State which is not a Member State and which carries out its business from a branch situated in the Netherlands.


Article 213abis

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  • 1 In case De Nederlandsche Bank N.V. finds that there is an insurer which is authorised to act as a Article 2:26a , 2:27 , 2:40 or 2:54a of the Financial Supervision Act have been in danger of developing dangerous development with regard to equity, solvency or technical provisions and is reasonably foreseeable that such development will not be sufficient or not satisfactory in good time, it may be In Amsterdam, a court of law asked Amsterdam to declare the bankruptcy.

  • 2 Other than De Nederlandsche Bank N.V. may not claim the bankruptcy of an insurer that has received a licence granted by De Nederlandsche Bank N.V.

  • 3 An insurer authorised by De Nederlandsche Bank N.V. may make a declaration of its own bankruptcy. In that case, the court shall enable De Nederlandsche Bank N.V. to be heard before deciding on the declaration.


Article 213ab

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If the interest of the joint creditors in the settlement of the holding of an insurer which does not have an authorisation granted by De Nederlandsche Bank N.V. needs a special provision, the court of Amsterdam may, without prejudice to the Article 1, first paragraph , at the request of De Nederlandsche Bank N.V., declare the bankruptcy.


Article 213ac

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The Nederlandsche Bank N.V. may, at its request, submit a transfer plan as referred to in Article 3:159c, third paragraph, introductory sentence and part b, of the Financial Supervision Act consult with the request to approve the transfer plan.


Article 213ad

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The Netherlands Bank N.V. shall transmit a copy of the application to the insurer and notify the content of the application to the supervisory authorities of the other Member States in which a branch of the insurer is situated, or to which he provides services from its branches in another Member State.


Article 213ae

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The court deals with the request of De Nederlandsche Bank N.V. to pronounce the bankruptcy or a declaration by the insurer with the most urgency at a non-public hearing at the foot of the justice in civil matters, to the extent that it has not been derogated from by this Law.


Article 213af

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  • 2 Where an insurer has acted against a decision or judgment as referred to in paragraph 1, the court shall declare that the defence is justified only if De Nederlandsche Bank N.V. does not, in reason, decide whether or not to decide whether to Judgment has been given.


Article 213ag

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  • 2 In case De Nederlandsche Bank N.V. refers to a transfer plan as referred to in Article 213ac has submitted, the court approves the transfer plan, unless the price specified in the transfer plan or method on which the price the transferee is willing to pay is determined, given the circumstances of the case, not a reasonable Price or wise. In determining whether the price or wise is reasonable, it is based on the insurer's future prospects in the situation that the transfer plan is not approved.

  • 3 Without prejudice to the second paragraph, the court shall approve the plan relating to the transfer of assets or liabilities, unless the creditors would be penalised by it.

  • 4 When ruling the bankruptcy, the court appoints one of its members to become a judge commissioner and appoints one or more curators. De Nederlandsche Bank N.V. can make nominations for the appointment of curators.

  • 5 If the request is awarded, the order shall be delivered at a public hearing and an extract thereof shall be published promptly by the administrator in the Official Gazette, the Official Journal of the European Union, and in At least two Dutch daily newspapers to be designated by the court and at least two national newspapers of each Member State to be designated by the courts of each Member State in which a branch of the insurer is situated or to which he or she carries out services. The extracts shall indicate the name and the registered office of the insurer, the place of residence or the office of the liquidator and the date of the order. Publication in national newspapers shall be in the official language or languages of the Member State concerned. In addition, the publication in the Official Journal of the European Union and the national daily newspapers of each Member State where the insurer has a branch or to which he provides services shall state that, except where exceptions, Dutch law applies, the legal basis, that De Nederlandsche Bank N.V. is the competent supervisory authority, as well as the final date on which appeals against the order can be brought in cassation, indicating the full address of the High Court and the subject matter of the decision.


Article 213ah

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  • 2 By way of derogation from Article 8, first paragraph , no appeal is open against the pronouncing of bankruptcy if the court also requests for approval of a transfer plan as referred to in Article 3 (1) of the EC Treaty. Article 213ac has been assigned.


Article 213ai

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If the court has approved the transfer plan, the liquidator shall carry it out as soon as possible after the court has declared bankruptcy.


Article 213aj

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  • 1 In case De Nederlandsche Bank N.V. has not produced a transfer plan when requesting a declaration of bankruptcy, or if it did so but the court did not approve the transfer plan, De Nederlandsche Bank NV may still decide to Prepare another transfer plan.

  • 2 The transfer plan may relate to the transfer of assets or liabilities.

  • 3 In the case of, or under general management, detailed rules may be laid down regarding the transfer plan and preparation thereof.


Article 213ak

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  • 1 If De Nederlandsche Bank N.V. prepares a transfer plan, it shall inform the receiver immediately after commendation of the preparation.

  • 2 After De Nederlandsche Bank N.V. has made the communication referred to in paragraph 1, it may, without prejudice to what is stipulated in the Articles 5:15 and 5:20 of the General Law governing law , oblige the administrator to:

    • a. Data or information to be supplied to:

      • 1 °. the transferee and experts who assist a transferee by De Nederlandsche Bank N.V. in particular; and

      • 2 ° by the Netherlands Bank N.V., in particular by the Netherlands Bank N.V., assisting De Nederlandsche Bank N.V. in the preparation of the transfer plan; and

    • b. to allow the transferee of the transferee and the persons referred to in subparagraph (a) of this paragraph to enter any place with the exception of a residence of the insurer.

  • 3 The persons referred to in paragraph 2 shall make use of the information or information referred to in the second paragraph and enter the place referred to in paragraph 2 only to the extent that it is reasonable to do so in connection with the preparation of the information or information provided for in paragraph 2. Transfer plan is required.

  • 5 Without prejudice to the first paragraph, it shall be prohibited to renown any preparatory work on the transfer plan.

  • 6 In the case of, or under general management, detailed rules may be laid down in respect of what is laid down in the third, fourth and fifth paragraphs.

  • 7 The receiver, the insurer and an undertaking belonging to the group to which the insurer belongs to De Nederlandsche Bank N.V., and the persons referred to in paragraph 2, are excluded from all the persons involved in or under the supervision of the other Member States. Law applicable to disclosure of data or intelligence referred to in paragraph 2, up to the time when the transfer plan is approved.


Article 213al

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Following the communication referred to in Article 213ak, first paragraph , the receiver shall cooperate in the preparation of the transfer plan.


Article 213am

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  • 2 If De Nederlandsche Bank N.V. on the basis of Article 213aj has prepared a transfer plan, she may ask the court Amsterdam to approve the transfer plan.


Article 213an

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  • 1 The court deals with the request of De Nederlandsche Bank N.V. for the approval of the transfer plan with most urgency at a non-public hearing at the foot of justice in civil matters, to the extent that this law does not apply to has departed.

  • 2 The court approves the transfer plan unless the price or method of payment specified in the transfer plan is determined, given the circumstances of the case, not a reasonable price or a way of providing the price that the transferee is willing to pay.


Article 213ao

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The curator is carrying out the transfer plan as soon as possible after the court approved it.


Article 213ap

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  • 1 De Nederlandsche Bank N.V. may, in consultation with the liquidator, request the court of Amsterdam to adapt a transfer plan which has already been approved.

  • 2 In the event that the court does not approve the adjustment, it rejects the request for adjustment of the transfer plan and the transfer plan remains in place.


Article 213aq

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The Articles 213a to 213ap shall apply mutatis mutandis to an insurer having a registered office in a State which is not a Member State.


Article 213ar

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  • 1 Without prejudice Article 1 De Nederlandsche Bank N.V. may ask the court of Amsterdam to declare the bankruptcy in respect of a parent company with the registered office in the Netherlands of an insurer referred to in the Article 213abis, first paragraph If, in respect of that insurer, a situation as referred to in that Article is present and De Nederlandsche Bank N.V. finds that:

    • a. There are signs of a dangerous development with regard to the parent company in respect of equity, solvency or liquidity, or technical provisions, and it is reasonable to foresee that such development not to adequately or in a timely way turn into a good or timely way; and

    • b. bankruptcy for the settlement of that insurer or group, intended in Article 3:159a, part d, of the Financial Supervision Act To which the insurer belongs is required.

  • (2) If the situations referred to in paragraph 1 arise with regard to an insurer and its parent company, a person other than De Nederlandsche Bank N.V. may not apply for the bankruptcy of the parent company.

  • 3 By way of derogation from Article 2, first paragraph The bankruptcy declaration of a parent company shall be made at the request of De Nederlandsche Bank N.V. as referred to in the first paragraph by the Amsterdam court.

  • 4 If one other than De Nederlandsche Bank N.V. claims the bankruptcy of a parent company with a registered office in the Netherlands of an insurer referred to in the Article 213abis, first paragraph , the Tribunal de Nederlandsche Bank N.V. shall be able to be heard before deciding on the declaration or the request for a declaration of bankruptcy.


Article 213b

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The Nederlandsche Bank N.V. may submit a request for an insurer to be declared bankrupt without the intervention of a lawyer.


Article 213c

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The Nederlandsche Bank N.V. shall transmit a copy of its application to the insurer and shall notify its contents:

  • a. if it concerns an insurer with a registered office in the Netherlands, the supervisory authorities of the other Member States where the insurer has a branch or where he carries out services from the establishments in the European Union;

  • (b) where it is an insurer with a seat outside the European Union, the supervisory authorities of the other Member States to which he provides services from a branch in the Netherlands and, if another supervisory authority in the The European Union shall be responsible for the supervision of the solvency margin of the insurer concerned, that supervisory authority.


Article 213d

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  • 1 For a claim or a request for a declaration of bankruptcy of an insurer, including his own declaration, it shall not be decided after the court has given the opportunity to express its opinion on the matter.

  • 2 The Netherlands Bank N.V. withdraws the insurer's licence if it still has a licence at the time of the declaration of bankruptcy.


Article 213e

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  • 1 Where a request to express the transfer scheme or the emergency settlement within the meaning of the Law on financial supervision The person shall be suspended at the same time as his own declaration by the insurer; the proceedings shall be suspended until such time as the emergency procedure is available at the request of the decision to pronounce the transfer scheme.

  • 2 If the court decides the emergency rule or transfer arrangement, the own declaration shall be cancelled by the insurer by law.


Article 213f

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  • 1 After the court order an emergency settlement as intended Article 3:161 of the Law on Financial Supervision has pronounced, it can, in derogation from Article 1 The Netherlands Bank N.V., at the request of the directors, referred to in Article 3:162, 4th paragraph, of the Financial Supervision Act On the proposal of the Judge-Commissioner or of its own motion, the relevant insurer with a registered office in the Netherlands may declare bankruptcy if it appears that it has a negative own funds and to reach it by the authorisation granted the objective has been achieved or is no longer to be achieved or, where no authorisation has been granted, no reasonable prospect exists that the objective to be attained with an authorisation can be attained.

  • 2 The emergency and authorisation shall be free of force in the event of the insurer being declared bankrupt.


Article 213g

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  • 1 The Registrar shall inform the Dutch Bank N.V. without delay of the decision on the declaration of bankruptcy.

  • 2 The Netherlands Bank N.V. shall immediately inform the supervisory authorities of all the other Member States of the declaration of bankruptcy and of its possible consequences in the case in question.


Article 213h

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  • 1 Without prejudice Article 14, first paragraph , the receiver shall file an extract of the declaration of bankruptcy in the Official Journal of the European Communities and in one or more of the newspapers to be indicated by the Judge Commissioner.

  • 2 In addition to the data referred to in Article 14 , the administrator shall state that the Netherlands law is applicable, subject to exceptions.


Article 213i

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  • 1 The liquidator shall immediately inform all known creditors of the declaration of bankruptcy, in writing.

  • 2 The curator who is at the foot of Article 109 notify all known creditors of the decisions referred to in that Article, including the effects of the filing of a claim after the expiry of the period referred to in Article 2 (1) (b) of that Article. Article 108, first paragraph, part 1 , and that creditors, including the creditors with a privilege or commercial security, must submit their claims to the liquidator, including, in the case in question, the issue which is entitled to a privilege or commercial security. will be created. In addition, the notification shall indicate the main effects of the bankruptcy declaration on insurance contracts and the rights and obligations of the creditors with an insurance claim for insurance claims. insured and others in relation to the agreement of insurance.


Article 213j

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  • 1 The notification referred to in Article 213i, first paragraph A known creditor who has habitual residence or residence in a Member State, who has an insurance claim, shall be in an official language of that Member State.

  • 2 The notification referred to in Article 213i, first paragraph If a known creditor of habitual residence or domicile in a Member State has a claim other than that referred to in paragraph 1, the form shall be that in all the official languages of the Union it shall be Marking shall be entitled 'Call for the submission of claims'. Time limits '.

  • 3 Any creditor with habitual residence or domicile in a Member State may lodge his claim and written observations relating to his claim in an official language of that Member State with a declaration of words in the Netherlands language 'Submission of a claim', 'Submission of observations relating to a claim'.


Article 213k

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  • 1 The liquidator shall regularly inform all known creditors, in an appropriate manner, of the conduct of the proceedings.

  • 2 De Nederlandsche Bank N.V. shall inform the supervisory authorities of the other Member States which so request of the conduct of the proceedings.


Article 213l [ Expired per 01-01-2007]

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Article 213m

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  • 1 In the case of a declaration of bankruptcy under this section, the debts of the assets, depending on the nature of the debt to be debt in question, shall be apportioned either on each part of the assets or solely from a particular asset of the estate subtracted. In any case, the costs of registration in a public register in a Member State other than the Netherlands are covered by book-entry debts.

  • 2 Without prejudice to the provisions of paragraph 1 and subject to any claims by property or mortgage secured, the following claims shall be made in the following order in the event of the bankruptcy of a damage insurer:

    • (a) claims relating to periodic benefits in respect of sickness, injury or death of natural persons, arising from or under non-life insurance contracts, with the exception, however, of benefits; by contract of reinsurance payable to another insurer, and benefits in respect of pensions, committed to employees or former employees of the insurer or to their survivors;

    • (b) the claims of workers and former workers as well as the claims of their survivors in respect of any period of pension already expiring, in so far as the application does not exceed one year;

    • (c) the claims of employees, other than directors of the insurer, to whom they are employed, and former employees and the claims of their survivors in respect of the future benefits of a commitment to benefits Pension;

    • d. the claims of workers in respect of the pay over the preceding year and the amount due in the current year, as well as the amount of the increase of that wage resulting from Article 625 of Book 7 of the Civil Code as well as the amount of expenses, done by the employee for the insurer as an employer, and the amounts, by the insurer to the employee under Title 10 of Book 7 of the Civil Code Due to the termination of the contract of employment,

    • (e) claims arising from non-periodic benefits in respect of sickness, injury or death of natural persons, arising from or under non-life insurance contracts, with the exception of: cash benefits under contract of reinsurance to another insurer;

    • f. claims in respect of benefits in respect of claims other than those referred to in parts (a) and (e), arising from claims of non-life insurance;

    • g. claims for the return of sums paid without a legal basis, or of the payment of which the legal basis has been paid, which has been paid on the assumption that such payments have been paid.

  • 3 Without prejudice to the provisions of the first paragraph and subject to any claims by property or mortgage secured, in the case of the bankruptcy of a life insurer, the following claims shall be made on the estate in the following order:

    • (a) the claims of workers and former workers and the claims of their survivors in respect of any period of pension already dilapsiated, provided that the claim is not more than one year;

    • (b) the claims of employees, other than directors of the insurer in which they are employed, and former employees and the claims of their survivors in respect of the future benefits of a commitment to benefit from the insurer Pension;

    • (c) the claims of workers in respect of the pay over the preceding year and the amount due in the current year, as well as the amount of the increase of that wage resulting from Article 625 of Book 7 of the Civil Code as well as the amount of expenses, done by the employee to the insurer, and the amounts, by the insurer to the employee under Title 10 of Book 7 of the Civil Code Due to the termination of the contract of employment,

    • d. the insurance and rights claims relating to benefits, which have arisen or are still arising out of life insurance contracts;

    • (e) claims for the return of sums paid without a legal basis, or of the payment of which the legal basis has been paid, which has been paid on the assumption that such payments have been paid.

  • 4 The claims referred to in subparagraphs (a), (e) and (f) and (3) (d) of paragraph 2 shall be understood to mean the claims relating to benefits under current insurance contracts, arising from the date of the day on which the benefits of such benefits are Emergency procedure is pronounced.

  • 5 Claims which are not referred to in the second and third paragraphs shall be satisfied first if the claims referred to in the second and third paragraphs are met and if it is established that such claims will not arise in the future, to proportionality of any claim, subject to the reasons of priority recognised by the law.

  • 6 The reasons of priority referred to in paragraph 5 shall apply both to claims of creditors of habitual residence, domicile or registered office in the Netherlands and to similar claims made by creditors of habitual residence, place of residence or registered office in a Member State other than the Netherlands.


§ 3. Provisions of private international law

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Article 213n

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  • 1 A decision taken in a Member State of origin other than the Netherlands to initiate winding-up proceedings in respect of an insurer shall be recognised by law.

  • 2 The decision shall have legal effects within the Netherlands from the time when it has legal effects in the home Member State.


Article 213o

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The decision to open winding-up proceedings, the winding-up proceedings themselves and the legal effects of the winding-up proceedings shall be governed by the law of the Member State of origin, unless the law provides otherwise.


Article 213p

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  • 1 The decision to open winding-up proceedings shall be without prejudice to the right of a creditor or a third party to goods or goods, both to certain goods and to a variable composition of indefinite goods, to which the goods are to be regarded as supplies to the insurer and situated on the territory of a Member State other than the Member State of origin at the time of the legal effects of the decision to open the winding-up proceedings.

  • 2 For the purposes of the first paragraph, the provisions of goods law shall, in any event, be understood as:

    • a. The right to make or make a good monetize and to be fulfilled from the proceeds of or income from the property, in particular on the basis of a right of property or right of mortgage;

    • (b) the exclusive right to collect a claim, in particular on the basis of a lien right to the claim or on the basis of a cession to the security of the claim;

    • (c) the right to require that good issue or to require undisturbed enjoyment of the right of any person who holds the right to claim without right;

    • d. the right to draw benefits under the law of goods.

  • 3 For the purposes of application of paragraph 1, a right of goods entered in a public register to obtain the right to obtain a goods governed by the law of the first paragraph and which may be entered in the public register, as provided for in the first paragraph, Cast in.

  • For the purposes of this Article, the Member State in which a good one is located shall be:

    • a. concerning registry goods and rights to registry goods, the Member State under the authority of which the relevant register is held;

    • (b) in respect of cases where not covered by subparagraph (a): the Member State in whose territory the case is situated;

    • (c) in respect of claims, the Member State in the territory of which the third-debtor has its registered office.


Article 213q

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  • 1 In case the insurer has purchased a case, the decision to open winding-up proceedings shall be without prejudice to the seller ' s rights of ownership if the case to which the title of title relates to the date on which the decision to initiate winding-up proceedings has legal effect shall be in the territory of a Member State other than the Member State of origin.

  • 2 Where the insurer has sold a case, the decision to open winding-up proceedings shall not be grounds for dissolution or termination of the sale contract, and the winding-up proceedings shall not prevent the buyer from ownership of the purchased liquidation case, if the case is in the territory of a Member State other than the Member State of origin at the time when the decision to initiate the winding-up proceedings has legal effect.


Article 213r

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If the person who is both a creditor and a debtor of the insurer is competent to charge his debt with the claim on the insurer under the law applicable to the insurer's claim, the decision to Opening of winding-up proceedings shall be without prejudice to such powers.


Article 213s

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The Articles 213p to 213r do not stand in the way of a claim for nullity, destruction or failure to be relied on as a result of a legal act because of the disadvantage of the full creditors which is the result of that act.


Article 213t

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By way of derogation from Article 213o the effects of a winding-up procedure on contracts of employment and other legal relationships in respect of the provision of employment shall be governed solely by the law of the Member State which applies to that contract or to the law of law a.


Article 213u

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By way of derogation from Article 213o the effects of a winding-up procedure for an agreement giving entitlement to the enjoyment or acquisition of immovable property shall be governed solely by the law of the Member State in whose territory the immovable property is situated.


Article 213v

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By way of derogation from Article 213o the effects of a winding-up procedure on the rights of the insurer in a register shall be governed by the law of the Member State under the authority of which the register is held.


Article 213w

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  • 1 By way of derogation from Article 213o without prejudice to: Article 213p , the effects of a winding-up procedure on the rights and obligations of participants in a regulated market as referred to in Article 1 (13) of Directive No 93 /22/EEC The Council of the European Communities of 10 May 1993 on investment services in the securities field (PbEG L 141) exclusively governed by the law applicable to that market.

  • 2 The first member shall not be in a position to bring an action for nullity, destruction or the non-binding of a legal act on account of the disadvantage of the full creditors of that act. As a result.


Article 213x

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By way of derogation from Article 213o the validity of an act, for consideration, by the insurer after the date of opening of a winding-up proceedings, with which it has a register or securities or other securities of which it is entitled, shall be taken into account. whether the transfer assumes registration in a statutory register or account in a statutory account, or which are placed in a central securities pool governed by the law of a Member State, which is governed by the law of the the law of the Member State under the authority of which the register, account or depot or, in the case of immovable property, by the law of the Member State in which the immovable property is situated.


Article 213ij

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By way of derogation from Article 213o the effects of the winding-up proceedings in respect of a pending legal claim relating to a property which has been lost by the insurer and the decision to the management and decision shall be governed solely by the law of the Member State in which the action is being held is seised.


Article 213z

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Article 213o does not apply to rules relating to the nullity, the destruction of legal acts for the whole of creditors, nor to the rules which determine whether such legal acts can be relied on, if the person who has benefited from that legal act proves that:

  • (a) that legal act shall be governed by the law of a Member State other than the Member State of origin; and

  • (b) that right in the given case does not provide for the possibility of such a legal act being affected or unable to be relied on, respectively.


Article 213aa

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  • 1 Subject to the power to use a coercive measure and the power to award a ruling in proceedings or a dispute has the receiver of a Member State of origin other than the Netherlands in the Netherlands the powers which he the Member State of origin. The mode of exercise of these powers in the Netherlands is governed by Dutch law.

  • 2 If, on the basis of the law of the Member State of origin, persons have been appointed to represent or otherwise assist the liquidator, they may exercise the powers conferred on it by virtue of the law of that Member State. territory of the Netherlands.


Article 213bb

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  • 1 For the proof of appointment of the liquidator from a Member State other than the Netherlands, a certified copy of the designation decision or of any other person has been given by the competent authorities of the Member State of origin. written declaration.

  • 2 The receiver from a Member State other than the Netherlands shall show a translation in the Dutch language of the copy to any person in respect of whom he wishes to exercise his/her powers.


Article 213cc

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At the request of a liquidator from a Member State other than the Netherlands, the information relating to a winding-up procedure, opened in a Member State other than the Netherlands, is entered in the register by the Registrar of the Court of The Hague, in Article 19, first paragraph .


Article 213dd

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  • 1 If an insurer with a seat outside the European Union has a branch in the Netherlands and one or more branches in other Member States, both the court and the Netherlands Bank N.V. shall endeavour to coordinate their action with the competent authorities of the Member States, the supervisory authorities of the other Member States in which the insurer has been granted a licence.

  • 2 In the case referred to in paragraph 1, the liquidator appointed in the Netherlands shall endeavour to coordinate its action with the curators in those other Member States.


Article 213ee

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The liquidator may, in the reports referred to in Article 73a , do not include any information or intelligence which relates to third parties who have been or have been involved in efforts to enable the insurer to continue its business.


§ 4. Insurers with reduced risk size

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Article 213ff

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This paragraph applies to insurers with limited risk size as intended to be used in the Article 1: 1 of the Law on Financial Supervision .


Article 213gg

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The Articles 213a, first member , 213b , 213d , 213e , 213f , 213i and 213k, 1st Member , mutatis mutandis, to insurers with reduced risk size.


Article 213h

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The Nederlandsche Bank N.V. shall transmit a copy of its application, as referred to in Article 213b , to the insurer with a reduced risk size and shall notify its contents:


Article 213ii

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  • 1 The Registrar shall inform the Dutch Bank N.V. without delay of the decision on the declaration of bankruptcy.

  • 2 De Nederlandsche Bank N.V. shall immediately after that the supervisory authorities of the other States appointed on the basis of Article 2:50 of the Financial Supervision Act in the knowledge of the declaration of bankruptcy and the possible consequences thereof in the case in question.


Article 213yy

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The Nederlandsche Bank N.V. shall establish the supervisory authorities of the States designated on the basis of Article 2:50 of the Financial Supervision Act who so request, in the course of the proceedings.


Article 213kk

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  • 1 In the case of a declaration of a kind by a kind from a kind under this paragraph, the debts of the assets, depending on the nature of the debt on the part of the assets concerned, are either apportioned on each part of the assets or on the sole basis of the assets For certain purposes the estate is deducted from the estate.

  • 2 Without prejudice to the provisions of the first paragraph and subject to any claims by property and mortgage secured, the following claims shall be made on the estate in the following order:

    • (a) the claims of workers and former workers and the claims of their survivors in respect of the time limits of pensions already due, provided that the claim does not exceed one year;

    • (b) the claims of workers, other than directors of the kind insurer in which they are employed, and former employees and the claims of their survivors in respect of future benefits of benefits of the kind Committed pension;

    • (c) the claims of workers in respect of the pay over the preceding year and the amount due in the current year, as well as the amount of the increase of that wage resulting from Article 625 of Book 7 of the Civil Code as well as the amount of expenses, done by the employee for the kind retirement insurer as an employer, and the amounts, by the kind-funeral insurer to the employee under Article 10 of Book 7 of the Civil Code Due to the termination of the contract of employment,

    • d. the claims and rights relating to benefits, which have arisen or are to arise from a kind of benefits insurance, concluded from an establishment in the Netherlands.


Title II. From surseance of payment

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First department. From the provision of surseance of payment and its consequences

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Article 214

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  • 1 The debtor who provides that he will not be able to proceed with the payment of his receivable debts may apply for surseance of payment.

  • 2 He will, on presentation of a stator, duly substantiated state, as intended in Article 96 , by application, signed by himself and his lawyer, refer to the court, appointed in Article 2 . The application contains such data that the judge can judge whether he is legally empowered under the regulation, mentioned in Article 5, third paragraph .

  • 3 In the application, a draft of an agreement may be annexed to the application.


Article 215

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  • 1 The application of accompanying documents shall be lodged at the Registry of the Court of Justice for free inspection of any person. If the debtor has a parent company with a registered office in the Netherlands of an insurer with a licence as referred to in Article 2:26a , 2:27 or 2:54a of the Financial Supervision Act The Registrar of the Court of Justice, De Nederlandsche Bank N.V., shall be informed of the lodging of the deposit.

  • 2 The court will shortly grant the requested surseance and appoint one or more directors, with a view to administering the debtor's management of his affairs. In addition, the court recommends that known creditors, together with the debtor, and if the debtor is a parent company with a registered office in the Netherlands of an insurer with a licence as intended Article 2:26a , 2:27 or 2:54a of the Financial Supervision Act De Nederlandsche Bank N.V. shall be sued by the Registrar in the case of letters by the Registrar in the short term, with a view to deciding on the final provision of the requested surseance, on the application; to be heard. Except the day and place of the meeting shall be indicated, together with the application of a draft of the agreement to the application. Article 6, first paragraph, third sentence, and fourth member , shall apply mutatis mutandis.


Article 216

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The Registrar shall make the request, of the provisional provision of surseance and the time of the application, to the nearest minute, of the name of the Judge Commissioner, who has been appointed, of the names and places of residence of the appointed person. Executive directors and, in accordance with paragraph 2 of the preceding Article, immediately notice in the Official Journal. Where the application is accompanied by a draft agreement, notification shall be made in the notice of such agreement.


Article 217

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The surseance is deemed to have been addressed at the beginning of the day, on which it has been provisionally granted.


Article 218

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  • 1 At the same time, the court in a council chamber is the debtor, the Judge-commissioner appointed, the executive directors and the creditors entered in a written agent or in a lawyer. Each creditor shall be empowered to enter, even without being called upon to do so.

  • 2 The court may grant the debtor final surseance, unless it is declared that there are holders of more than one quarter of the amount of the term represented in the proceedings, in Article 233 debt claims, or more than one third of the holders of such claims.

  • 3 On admission to the vote decides, by difference, the court.

  • 4 Surseance can never be definitively granted if there are well-founded fears that the debtor will try to disadvantage the creditors during the surseance or the prospect does not exist that, over time, he will be creditors. to satisfy.

  • 5 The court, rejecting the request, may, by the same order, declare the debtor in a state of bankruptcy. If the bankruptcy is not ruled out, the provisional application has been maintained until the order of the Court of Justice has been declared in force of res judiced.

  • 6 If an application for bankruptcy declaration, other than a request as referred to in the Article 213ar , and a request for surseance are pending simultaneously, comes first the request for surseance in treatment. If an application for a declaration of bankruptcy as referred to in Article 213ar and a request for surseance are pending simultaneously, the application for bankruptcy declaration shall be lodged first.

  • 7 The decision on the request is reasoned and shall be delivered in open court.

  • 8 By way of derogation from the fifth paragraph, the Rechtbank De Nederlandsche Bank N.V. shall be able to be heard before a parent company with a registered office in the Netherlands of an insurer referred to in the Article 213abis, first paragraph In a state of bankruptcy.


Article 219

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  • 1 For eight days from the day of the ruling, in the event of rejection of the application, the debtor or, in the event of the surseance, any creditor who has not declared itself before the award of the judgment, has the right of appeal.

  • 2 The appeal shall be lodged with a petition, to be lodged at the Registry of the Court, which must take note of the case. The chairperson shall prescribe the day and the hour before the treatment.

  • 3 If the appeal is brought by a creditor, the latter shall, by the fourth day following that on which he has made his request, issue to the lawyer who has lodged the request for surseance, on the basis of the applicant's notice of determined the appeal and the time for the treatment. This notification shall apply to the debtor's convocation.

  • 4 The Registrar of the Court of Justice of the Court of Appeal of the appeal and of the time, determined for the treatment, notice in the Official Gazette. He shall also give notice of the appeal brought before the Registrar of the Court of Justice, taking the notice of the appeal lodged. Article 214 the documents referred to and the documents shall be made available to them at the Registry for free access.


Article 220

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  • 1 Upon examination of the appeal, the request shall not be put to the vote again, but any creditor shall be empowered in person, by a written agent or by a lawyer to fight or defend the Award, against which the decision shall be taken. The aim is to take part.

  • 2 The treatment shall take place in the hearing chamber; the judgment shall be delivered in open court.


Article 221

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  • 1 Of the judgment handed down by the Court of Justice, in the event of a rejection of the application, the debtor may, or, in the case of surseance, be entitled to any creditor, who has not declared themselves before the granting of the application, for eight days after the day of the day The ruling, in cassation.

  • 2 The appeal in cassation shall be lodged with a petition to be lodged at the Registry of the High Court. The chairperson shall prescribe the day and the hour before the treatment.

  • 3 The Registrar of the High Court shall make a notice of notice in the Official Gazette of the appeal in cassation and of time, for treatment. He shall also inform the Registrar of the Court of Justice of the action brought by the Court of Justice. Article 214 the documents referred to and the documents shall be made available to them at the Registry for free access.


Article 222

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  • 1 The decision, in which the surseance is definitively authorised, is enforceable in stock, notwithstanding any provision of provision for that purpose.

  • 2 She is announced in the manner, in Article 216 Prescribed.


Article 222a

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  • 1 In any court, a public register shall be held by the Registrar and shall, for each payment of a payment separately, be read in succession, giving notice of the day's notice:

    • 1 °. an extract from the judicial decisions granting provisional or final surseance of payment, which has been extended or where the surseance of payment has been withdrawn;

    • 2 °. the appointment of a Judge-Commissary;

    • 3 °. the summary content and the homologation of the agreement;

    • 4 °. the dissolution of the agreement.

  • 2 In the case of the form and content of the register, detailed rules shall be laid down by a general measure of administration.

  • 3 The Registrar is obliged to provide an extract therefrom on each free inspection of the register and against payment.

  • 4 The Registrar shall forward to the Minister of Justice or any other body designated by a general measure the information referred to in paragraph 1 below 1 ° to 4 °, for the purposes of the Article 222b Said Central Register.


Article 222b

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  • 2 In the case of the form and content of the register, detailed rules shall be laid down by a general measure of administration.

  • 3 Each person shall have access to the register free of charge, and may obtain an extract from it against payment.


Article 223

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  • 1 In the final granting of the surseance, the court shall not exceed one and a half years for the duration of its duration. If the surseance has ended in the course of the period for which it is granted, the directors shall announce it in the Official Gazette.

  • 2 Once the debtor has been able to apply for a maximum period of one and a half years, once or on several occasions the debtor may be required to renew it. The request shall be treated in the same way as a request for the grant of surseance. As long as the renewal application has not yet been granted, the surseance will be maintained. The order referred to by the court shall be published in accordance with the procedure laid down in paragraph 1.


Article 223a

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In the case of the provisional grant of surseance or at a later disposal, the court may appoint a harer to Judge Commissioner, in order to serve the directors at the request of the opinion.


Article 223b

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  • 1 At the request of the directors, the judge-commissioner has jurisdiction to clarify all the circumstances, to hear the surseance concerning, to hear witnesses or to order an expert inquiry. The witnesses are subpoenaed on behalf of the judge-commissioner. Article 177 of the Code of Civil Procedure shall apply mutatis mutandis.

  • 3 The spouse or former spouse of the debtor or the one with whom the debtor is or had entered into a registered partnership, the children and further acts and the debtor ' s parents and grandparents may be of giving up. Giving testimony.


Article 224

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  • 1 If more than one director has been appointed, any decision of the Judge Commissioner appointed or, in the absence of such a decision, shall be authorised by a majority or by a decision of a majority for the validity of the act of the vote. Jurisdiction of supply of supply. The Second paragraph of Article 70 shall apply mutatis mutandis.

  • 2 The court may, at any time, dismiss a trustee, after hearing him or be properly summoned, and by another substitute or add one or more directors, at the request of himself, from the other directors or staff. of one or more creditors, on a proposal from the Judge-Commissioner appointed, or on its own initiative.


Article 225

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  • 1 In the case of the provisional provision of the surseance, the court may make such provisions if it considers that it is necessary to protect the interests of creditors.

  • 2 It may also do so during the period of valuation, on the proposal of the Judge-Commissioner appointed, at the request of the directors or of one or more creditors, or of its own motion.


Article 226

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  • 1 The Court may appoint one or more experts to enable it to examine the state of the estate within a period to be determined by the court, which may be extended if necessary, and a reasoned opinion on the subject. report of their finding. The Last paragraph of Article 225 shall apply mutatis mutandis.

  • 2 The report of the experts contains a reasoned opinion on the reliability of the state and documents produced by the debtor, and on the question of whether there is any prospect of the debtor having to take up the question of creditors will be able to satisfy. The report shall, as far as possible, indicate the measures which may lead to such satisfaction.

  • 3 The experts shall submit their report at the Registry of the Court of Justice for free inspection of any person. The deposit shall be free of charge.


Article 227

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  • 1 The executive directors shall report on the condition of the estate each time after three months. This report shall be the same as in the Third paragraph of Article 226 has been prescribed.

  • 2 The period referred to in the previous paragraph may be extended by the Commissioner, who has been appointed or, failing that, the court.


Article 228

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  • 1 During the period of receivership, the debtor is not empowered to perform any act of management or decision relating to the estate without the cooperation, authorisation or assistance of the executive directors. If the debtor has acted in contraa, the directors shall have the power to do everything necessary to compensate for the estate in question.

  • 2 For commitments of the debtor, without the cooperation, authorization or assistance of the directors after the commencement of the sursension, the assets shall not be liable, except in so far as they are extingued as a result.


Article 229

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  • 1 Where the debtor is married in any community or entered into a registered partnership in any of the community, the assets shall be included in the income and expense of that community.


Article 230

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  • 1 During the surseance, the debtor may not make payment in due course Article 233 These debts are being forced and all executions in respect of which those debts are being paid continue to be suspended.

  • 2 The Herds have been cancelled and the debtor, who is held hostage, shall be dismissed as soon as the ruling, final award of the agreement or approval of the agreement, has entered into force of res judiced, both unless the judgment has been adopted. At the request of the directors, the court has already established a previous point of time for that court. The registration of a corresponding statement of the Chief Justice of the Court, at the request of the directors or, if not a Judge-Commissioner appointed, of the jurisdiction of the court, shall authorise the depositary of the public authorities to issue a statement of registers to be removed.

  • 3 The provisions of the preceding paragraphs shall not apply in respect of executions and herds in respect of exposures to which priority is given, to the extent that the priority is to the goods.

  • 4 In respect of debts to which the first paragraph applies, Article 36 applicable mutatis mutandis.


Article 231

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  • 1 The surseance does not prevent the proceedings already pending, nor prevent the creation of new ones.

  • 2 If, nevertheless, the proceedings in law concern the claim for payment of a debt, recognised by the debtor, and the depositor has no interest in obtaining a judgment, in order to assert rights against third parties, the court may, after having been granted a judgment of the Court of Justice, to grant an instrument for recognition of the guilt, to suspend judgment of the judgment until after the expiry of the judgment.

  • (3) The debtor may, in so far as it relates to legal claims, subject neither the rights or obligations of the assets in question, nor to the defendant, nor to judicial proceedings, without the cooperation of the directors.


Article 231a

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Article 231 shall apply mutatis mutandis in respect of legal proceedings relating to a right or right which has been the subject of management and decision by the debtor through the opening of a in the Netherlands pursuant to Article 16 of the Regulation; Mentioned in Article 5, third paragraph , in the event of insolvency proceedings to be recognised, if it is not a winding-up procedure within the meaning of Article 2 (c) of that Regulation.


Article 232

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The surseance does not work with respect to:

  • 1 °. claims to which priority is connected, except insofar as they cannot be recovered from the goods to which priority is given;

  • 2. claims on account of the cost of living or of care or of education due under the law and determined by agreement or judgment, except in so far as the time limits are due before the beginning of the period, the amount of which has been determined by the court, for which the surseance works;

  • 3 °. instalments of hire purchase and of ships for sale.


Article 233

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The payment of all other debts, existing prior to the commencement of the surseance, may not be different from that of all creditors, as long as the surseance takes place, in proportion to the claims of the creditors.


Article 234

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  • 1 He who is both debtor and creditor of the estate may charge his debt with his claim on the estate if both have arisen before the commencement of the suration or arise out of an act prior to the commencement of the surseance with the debtor.

  • 2 The claim on the debtor shall be calculated as necessary to the rules in the Articles 261 and 262 ed.


Article 235

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  • 1 Nevertheless, the person who has taken over a debt to the estate or a claim on the estate before the commencement of the valuation of a third party shall not be entitled to reckoning if he has not acted in good faith in the acquisition.

  • 2 Claims or debts which have been taken over may not be settled after the start of the sursance.


Article 236

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  • (1) If a reciprocal agreement has not been complied with either by the debtor or by his party at all or in part, both by the debtor and by his party and the debtor and the trustee are not satisfied within one of their parties; In writing, declare their willingness to comply with the agreement in writing by the other party, they shall lose the right to recover from the agreement.

  • 2 If the debtor and the trustee declare that they are prepared to comply with the contraa, they shall be required to provide security if required for such fulfilment.

  • 3 The preceding paragraphs shall not apply to contracts where the debtor has taken on undertakings only up to acts which he personally has to perform.


Article 236a

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In the case of claims made by the counterparty for the dissolution or destruction of a contract concluded prior to the commencement of the operation with the debtor or the object of the claim for damages in respect of a breach of the contract of the debtor a prior to the commencement of the surseance of this claim, she may stand on the ground, in Article 233 Determined.


Article 237

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If applicable in the case of: Article 236 the supply of goods, which are traded on a long-term basis, is negotiated at a fixed date or within a specified period, and that the time limit expires or that period expires after the commencement of the operation, the agreement shall be replaced by the following: provisional provision of surseance disbanded and allows the debtor ' s re-party to stand up for damages on the foot, in Article 233 Determined. If the estate is damaged by the winding-up, the other party shall be obliged to reimburse it.


Article 237a

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  • 1 Once the surseance has begun, both the debtor and the buyer can declare, if the seller disbanded the hire purchase or the ship's rent.

  • 2 This dissolution shall have the same effect as the dissolution of the contract for failure to comply with the purchaser of its obligations.

  • 3 The seller may stand up for the amount owed to him on the foot as in Article 233 Determined.


Article 237b

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  • 1 A counterparty is not competent to fulfil its obligation arising out of an agreement to the regular supply of gas, water, electricity or heating, needed for the first life needs or for the continuation of the debtor driven undertaking, to suspend the debtor for the debtor's failure to comply with an undertaking created prior to the valuation of the debtor for payment of a sum of money.

  • 2 A failure by the debtor in the performance of a commitment as referred to in the first paragraph, which took place before the grant of the valuation, shall not provide for the termination of an agreement as referred to in paragraph 1.

  • 3 An appeal by the other party to a clause providing for the provision of the surseance, the application for surseance or the laying of a herd of land for the winding-up of an agreement as referred to in paragraph 1, or that that agreement may therefore be by law shall be disbanded, shall be authorised only with the consent of the debtor and the trustee.


Article 238

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  • 1 Once the surseance has begun, the debtor may, who is renter, account for the Article 228 they shall end the rent in the intervening period provided that the denunciation is made at a time when such agreements are terminated by local use. Moreover, at the time of termination, the agreed or customary period of time must be respected, provided that a period of three months will in any case be sufficient. If the rental tokens are paid in advance, the rent may not be terminated earlier than by the day on which the forward payment, which has been made in advance, ends.

  • 2 From the inception of surseance, the rental price is debt debt.

  • 3 If the debtor is paier, the above shall be applied mutatis mutandis.


Article 239

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  • 1 Once the surseance has begun, the debtor may, subject to compliance with Article 228 the contract of employment of certain employees in his service, having regard to the terms of contract or statutory time, but subject, however, that in any case the contract of employment may be terminated by the termination of a contract with an employee of his or her service, but not to the contract. six-week period or, if the time limit, defined in Article 672 (2) of Book 7 of the Civil Code be longer than six weeks, taking into account that period.

  • 3 From the outset of the valuation, the wage and the premiums related to the contract of employment are debt-to-fault.

  • 4 This Article shall apply mutatis mutandis to agency agreements.


Article 240

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  • 1 After the provisional application has been granted for the time being but before its publication, the debtor has been given to the debtor in order to fulfil the obligations arising before it, shall free him, who did it, to the estate, as long as his reputation is is not proven by the provisional provision of the sursance.

  • 2 Satisfaction, as mentioned in the previous paragraph, after the disclosure to the debtor, frees up to the estate only when he, who did so, proves that the provisional provision of the surseance in his place of residence by the road of the Apart from the right of directors to show that she was known to him, legal notice could not be known yet.

  • 3 In any case, the debtor relieves him of the estate, to the extent that the estate was fulfilled for the benefit of the estate, to the debtor.


Article 241

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The surseance does not work for the benefit of the guarantors and other fellow debtors.


Article 241a

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  • 1 The court may, at the request of any interested party or of its own motion, proclaim by written order a cooling-off period, in which any jurisdiction of third parties, other than in the case of a bank creditors, shall be the subject of a notice of account goods or to the opeising of goods contained in the debtor ' s power, for a period of not more than two months, cannot be exercised than with the authorisation of the court or, as a Judge-Commissioner has been appointed, of this one. The court may extend this period once for a period of not more than two months.

  • 2 The court may limit its decision to certain third parties and attach conditions to it. The court and judicial authority may attach conditions to a third party ' s authorisation of a third party to pursue an exercise of that conferred power.

  • 3 If a third party has a reasonable period of time in respect of his/her jurisdiction, that period shall be suspended during the cooling-off period.

  • 4 The cooling-off period may also be promulgated upon demand of the debtor by the judge who grants the surseance. The cooling-off period that is promulgated with the provision of the surseance is deemed to have entered the beginning of the day on which the surseance has been granted provisionally.


Article 241b

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