Key Benefits:
ACT
of 30 October 2002
o public aid to entrepreneurs of particular importance to the labour market
Chapter 1
General provisions
Article 1. [ Regulatory scope] The Act sets out the rules and conditions for the restructuring of entrepreneurs of particular importance for the labour market, as well as the procedure of restructuring proceedings.
Article 2. [ Entities subject to restructuring] 1. The restructuring may be covered by an entrepreneur within the meaning of the art. 2. 2 and 3 of the Act of 19 November 1999. -Law of economic activity (Dz. U. Nr 101, pos. 1178, of 2000 Nr 86, pos. 958 i Nr 114, poz. 1193, 2001 Nr 49, poz. 509, Nr 67, poz. 679, No 102, pos. 1115 and No 147. items 1643 and 2002. No. 1, pos. 2, Nr 115, poz. 995 i Nr 130, poz. 1112):
1) who are in a difficult economic situation, within the meaning of art. 15 para. 2 of the Act of 27 July 2002. of the conditions of admissibility and supervision of public aid for entrepreneurs (Dz. U. No 141, pos. 1177), and
2) where the number of persons providing employment on the basis of the employment relationship-as at 30 June 2002 -exceeds 1000.
2. The provisions of the Act shall not apply to entrepreneurs:
1) entered in the appropriate register or records within the period of 2 years before the date of application for the initiation of restructuring proceedings, subject to the provisions of Chapter 10;
(2) to which bankruptcy was declared or winding-up proceedings were opened.
Article 3. [ Restructuring] 1. The restructuring shall be understood to mean the initiation and implementation of restructuring proceedings in order to restore the entrepreneur long term ability to compete on the market.
2. Restructuring may include:
1) the civil-law liabilities as at 30 June 2002;
2) public-law liabilities under the rules set out in Chapter 5 or 5;
3) property;
4. employment.
Article 4. [ Suspension of restructuring proceedings] 1. During the period of validity of the Act, the entrepreneur may be subject to restructuring on the basis of its provisions only once.
2. Restructuring proceedings carried out by the entrepreneur on the basis of the provisions of laws:
1) of 26 November 1998. adjustment of hard coal mining to operate under market economy conditions and the specific powers and tasks of mining municipalities (Dz. U. Nr 162, pos. 1112 and 2001 Nr 5, pos. 41 and No. 154, pos. 1802),
2. of 7 October 1999. to support the restructuring of industrial defence potential and technical modernization of the Armed Forces of the Republic of Poland (Dz. U. Nr. 83, pos. 932, of 2000 Nr 119, item. 1250 and 2001. Nr 76, pos. 805 and No. 100, pos. 1080),
3) of 14 July 2000. restructuring the financial restructuring of sulphur mining (Dz. U. No 74, pos. 856),
4. of 8 September 2000. on the commercialisation, restructuring and privatisation of the state-owned enterprise "Polskie Koleje Państwowe" (Dz. U. Nr. 84, pos. 948, 2001 No. 100, pos. 1086 i Nr 154, pos. 1802 and 2002. Nr 205, pos. 1730),
5) of 24 August 2001. restructuring of the iron and steel industry (Dz. U. Nr. 111, pos. 1196),
6) of 30 August 2002. the restructuring of certain public-law debts from entrepreneurs (Dz. U. No 155, pos. 1287), hereinafter referred to as the 'Public-law Restructuring Act'
-shall be suspended, subject to Article 4 (1) of the 30 par. 1, on the date of issue of the order referred to in Article 10 para. 1 point 1.
Article 5. [ Loans and sureties] (1) In order to support the restructuring of the Industrial Development Agency, hereinafter referred to as the 'Agency', it may grant undertakings covered by the restructuring of loans and guarantees provided for in the approved restructuring plan, in accordance with the rules laid down in Article 3 (1) of Regulation (EC) No 21.
2. The sharing of the loan or surety shall be made after the Agency has obtained the financial resources for that purpose from the source referred to in Article 3. 56 par. 1.
Article 6. [ Application of provisions of the Code of Administrative Procedure] 1. The provisions of the Code of Administrative Procedure shall apply to the restructuring proceedings, if the provisions of the Act do not provide otherwise.
2. The restructuring proceedings shall be carried out subject to the provisions of the Act referred to in art. 2. 1 point 1, subject to Article 15 para. 4.
Article 7. [ Announcement of bankruptcy] 1. From the day of the opening of the restructuring proceedings until the date of its termination or redemption cannot be declared bankrupt of the entrepreneur subject to restructuring.
2. If the restructuring proceedings have been initiated after the date of application for a declaration of bankruptcy and before the day of the declaration of bankruptcy, the proceedings on the declaration of bankruptcy shall be suspended.
3. From the day of the opening of the restructuring proceedings to the entrepreneurs included in the restructuring, the provisions on the obligation to submit an application for a declaration of bankruptcy shall not apply.
Chapter 2
Entities competent in restructuring matters
Article 8. [ Competent authority on restructuring matters] 1. The competent authority in matters of restructuring shall be the Minister responsible for the restructuring of the economy.
2. The functions of the public administration body in terms of tasks resulting from the Act shall also perform the President of the Management Board of the Agency, hereinafter referred to as the "President of the Agency", with the assistance
Article 9. [ Minister responsible for the economy] Minister responsible for the economy:
1) supervising the implementation of the Act;
2) is the body of higher degree to the President of the Agency in the scope of decisions issued on the basis of the Act.
Article 10. [ President of the Agency] 1. President of the Agency:
1) issue an order to initiate the restructuring procedure;
2) issue an order to leave the application for the opening of the restructuring proceedings without recognition;
3) issue a decision refusing to initiate restructuring proceedings;
4) issue a decision on the conditions and restructuring mode, hereinafter referred to as "the decision to restructure"
5) issue a decision on the completion of the restructuring proceedings;
6) issue a decision on the remission of restructuring proceedings;
7) supervise the implementation of restructuring proceedings by the entrepreneur;
8) issue a decision to grant or deprive the company of the company's status in the restructuring;
8a) issue a decision approving the repayment plan of the assumed commitments by the Operator referred to in art. 32e, as well as the extent of their decommitments;
9) supervising the implementation of the restructuring plan by the company which was granted the status of the company in the restructuring, hereinafter referred to as "the company in the restructuring"
10) perform other tasks specified in the Act.
2. The President of the Agency shall draw up every 3 months list:
1) entrepreneurs for which restructuring decisions have been issued;
2) entrepreneurs for which the decisions to terminate the restructuring proceedings have been issued;
3) entrepreneurs in relation to which the decision to cancel the restructuring proceedings has been issued;
4) companies in the restructuring.
3. The lists referred to in paragraph 1. 2, shall be subject to the notice in the Official Journal of the Republic of Poland "Monitor Polski B".
4. The President of the Agency shall draw up the half-yearly and annual reports on the implementation of the restructuring proceedings and the costs of these proceedings and submit them to the Minister responsible for the economic affairs and the President of the Office of Competition and Consumer Protection- by 31 July and by 28 February of the following year respectively.
Chapter 3
Restructuring proceedings
Article 11. [ Initiation of restructuring proceedings] 1. The President of the Agency shall initiate the restructuring proceedings at the request of the entrepreneur submitted within the time limit referred to in art. 12 (1) 1, subject to Article 14.
2. The President of the Agency shall refuse to initiate restructuring proceedings if:
1) the entrepreneur does not meet the conditions referred to in art. 2. 1;
2) the request for the initiation of restructuring proceedings does not contain the information referred to in art. 13 (1) 1 and 2.
Article 12. [ Initiation of proceedings] (1) The restructuring proceedings may be initiated until 31 December 2003. at the request of the entrepreneur filed within 30 days from the date of entry into force of the Act.
2. The application submitted after the time limit referred to in paragraph. 1, shall be left unrecognizable.
Article 13. [ Application content] 1. The entrepreneur's request for the initiation of restructuring proceedings shall contain the following information:
1. the name of the company and the place of residence of the entrepreneur;
2. the name or company and the seat of the members, as well as the names and residence of the members corresponding to the obligations without limitation;
3) persons entitled to represent the legal person-when the applicant is a legal person;
(4) the place of business and the place where the property is located;
5) the circumstances justifying the application and their prima facie evidence;
(6) an indication of the assets which may constitute a security of the costs of the restructuring proceedings;
7) the number of persons providing the entrepreneur's work on the basis of the employment relationship;
8) the number of persons performing the services to the entrepreneur on the basis of civil-law contracts concluded for a period of more than 6 months.
2. The application referred to in paragraph 2. 1, shall be attached:
1) an extract from the book of shares-in the case of a limited liability company;
2) the list of shareholders who hold more than 5% of the registered shares, together with information on the size of the share in the share capital of the State Treasury and companies in which the State Treasury has at least 50% of shares or shares;
3. a financial report within the meaning of the accounting rules, drawn up on 30 June 2002, and a report on the revenue, costs and financial results drawn up in the framework of statistical obligations, the last before the date of the application;
4) a copy of the records of fixed assets and long-term investments within the meaning of the accounting regulations, together with the information on the burdens laid down thereon;
(5) a list of debtors stating the amount of each of them, as at current and on 30 June 2002, and a list of securities;
6) a list of creditors of public debt with an indication of the amounts of arrears, as at current state and on 30 June 2002, as well as a list of the securities of these claims;
7) a list of creditors of civil-law claims, stating the amount of the claims of each of them, as at current state and on 30 June 2002, and a list of the securities of these claims;
(8) a list of off-balance-sheet commitments, indicating the amount of each of them, at the current state and on 30 June 2002, and a list of the security features of those commitments;
(9) copies of the enforceable titles issued to the trader, including guarantees and guarantees provided.
3. Within 3 months from the date of submission of the application, the entrepreneur is obliged to convey to the President of the Agency:
(1) the restructuring plan;
2) the draft of the restructuring agreement referred to in art. 22;
3. the 2002 financial statements;
4) a list of public-law liabilities, broken down by individual titles and years, and with an indication of the amounts of arrears, interest on late payment and the payment of the prolongations, and a list of the securities of these claims;
5) a list of civil-law liabilities, broken down by creditors, titles, years, and a list of the securities of these receivables;
6) inventory of receivables, broken down by debtors, titles and years, and a list of securities;
7) other documents and information required in accordance with the regulations on the conditions of admissibility and supervision of public aid for entrepreneurs.
Article 14. [ The proposal of the founding authority] 1. The founding authority of the entrepreneur may also request the initiation of restructuring proceedings. The application of the constituent body shall apply mutatis mutandis. 12 and art. 13 (1) 1 points 1 to 5.
2. In the case referred to in paragraph. 1, the President of the Agency shall invite the requested entrepreneur to express, within 14 days, the written consent of the initiation of the restructuring proceedings and the communication of the information referred to in art. 13 (1) 1 points 6 to 8 and in paragraph. 2.
3. In the case referred to in paragraph. 1, the trader shall submit to the President of the Agency within a period of not more than 3 months from the date of the express written consent referred to in the paragraph. 2, the documents and information referred to in art. 13 (1) 3.
4. In the event of failure to express consent by the entrepreneur to the initiation of the restructuring proceedings within the period specified in the paragraph. 2, the President of the Agency shall leave the application of the founding authority without recognition.
Article 15. [ Restructuring plan] 1. The restructuring plan referred to in art. 13 (1) Article 3 (1) contains:
1) a detailed description of the economic situation of the trader
2) an analysis of the causes of the difficult economic situation referred to in art. 2. 1 point 1;
3) analysis of the market on which the entrepreneur operates;
4) an indication of the entrepreneur's intended activities aimed at the recovery of his economic situation, including measures for the restructuring of assets and employment, and enabling the functioning of market economy conditions and the timely regulating public-law liabilities;
5) determination of the economic condition of the entrepreneur to be achieved after the restructuring proceedings;
6. determination of the sources of financing for the measures referred to in point 4, taking into account the public aid necessary to carry out the restructuring procedure, of which the entrepreneur intends to apply, stating its size, sources, form, the deadline and the legal basis.
2. The restructuring plan shall be subject to the arrangements between the President of the Agency and the entrepreneur, and if the applicant is the founding authority of the entrepreneur-also to that authority.
3. The treatment and results of the arrangements shall be documented in the form of a protocol signed by the authorized persons.
4. The agreed restructuring plan President of the Agency shall immediately send the President of the Office of Competition and Consumer Protection for the opinion-in accordance with the provisions on the conditions of admissibility and supervision of public aid to entrepreneurs, The President of the Office of Competition and Consumer Protection shall deliver an opinion within 28 days from the date of receipt of the restructuring plan.
Article 16. [ Research of financial statements] 1. The President of the Agency may order:
1) carry out a study of the financial statements submitted by the entrepreneur-appointed for this purpose to the auditor;
2) valuing the property of the entrepreneur-the asset valuer set up for this purpose.
2. The order to conduct the survey and the valuation of the assets referred to in paragraph. 1, shall be subject to the provisions on public procurement.
3. The costs of auditing the financial statements and valuation of the property shall be the cost of obtaining the Agency's revenue, within the meaning of the provisions on corporate income tax.
Article 17. [ Conditions for the Restructuring Decision] 1. The President of the Agency may make the issue of a restructuring decision conditional on:
1) the appointment of the persons designated by the persons to the control and supervision authorities of the entrepreneur in order to ensure the implementation of the functions referred to in art. 10 para. 1 point 7, if this is necessary for the proper conduct and completion of the restructuring proceedings;
(2) the inclusion of a restructuring plan for the transfer of ownership of assets referred to in Article 3 (1) 34 par. 1, or other rights associated with it by the entrepreneur in favor of the State Treasury.
2. The appointment of the persons designated by the President of the Agency to perform functions in the bodies referred to in the paragraph. 1 point 1 shall be subject to the rules laid down in separate provisions.
Article 18. [ Restructuring decision] (1) The President of the Agency shall issue a restructuring decision if, on the information and documents submitted and the activities carried out, it is apparent that the restructuring procedure may lead to the recovery of the trader's financial situation; and restore its ability to operate under market economy conditions.
2. The decision to restructure shall be subject to immediate execution.
Article 19. [ Decision Contents] 1. The decision on restructuring shall include in particular:
1) the designation of the trader;
2) the place of residence or establishment of the entrepreneur
3. the deadline for securing the costs of the restructuring proceedings;
(4) an indication of the assets which are intended to underpin the costs of the restructuring proceedings;
5. the deadline for the completion of the restructuring proceedings;
6. approval of the restructuring plan;
7) an inventory of public-law liabilities covered by restructuring under the specific rules referred to in Chapter 5a;
8) an indication of the Operator referred to in art. 32e;
9) an indication of the assets that are to be transferred to the Operator's property.
2. The restructuring proceedings should be completed within 24 months from the date of the decision on the restructuring.
(3) If a shorter period than the one mentioned in the paragraph is set in the restructuring decision. 2, at the request of the entrepreneur it may be extended, however no longer than to the time limit referred to in paragraph. 2.
Article 20. [ Cancellation of restructuring proceedings] If the anticipated costs of restructuring proceedings are abnormally high in relation to the possible effects of the restructuring, the President of the Agency will restructure the restructuring proceedings.
Article 21. [ Application for a loan or surety] 1. An entrepreneur who has obtained a restructuring decision may apply for a loan or surety.
2. The application for a loan or surety shall contain the information referred to in Article 4. 13 (1) 1, and shall specify:
1) the type of economic activity performed;
2) the amount of the loan or liability to be covered by the surety, together with the deadlines for their repayment;
(3) the purpose of the loan or of the funds to be covered by the guarantee, the advisability of the execution of the undertaking and the assessment of its cost-effectiveness, taking into account the risks associated with the undertaking;
4) the form of the loan or surety;
5) the financial plan for the restructuring projects.
3. The President of the Agency shall conclude a loan or surety agreement with the trader, which shall specify in particular:
1) the amount of the loan granted and its use or the amount of the surety;
(2) the terms of the loan, the amount of interest, any period of grace, the time limits and the amount of the repayment of the loan and the interest;
3) how the loan is transferred;
4) sanctions for untimely regulation of the repayment of the loan and interest;
5. the form of the security of the loan or the guarantee.
Chapter 4
Financial restructuring of civil-law liabilities
Article 22. [ Restructuring of civil-law liabilities] 1. The financial restructuring of civil-law liabilities involves the conclusion by the trader of a restructuring agreement with the creditors of the civil-law claims mentioned in the inventory referred to in art. 13 (1) 2 point 7.
2. If the restructuring settlement is not concluded within 2 months from the date of notification of the restructuring decision, the President of the Agency shall decompress the restructuring proceedings.
3. The provisions of Chapter 8 of Chapter 8 of the Code of Administrative Procedure shall not apply to the restructuring agreement.
Article 23. [ Restructuring Agreement] 1. The restructuring agreement shall be concluded if the creditors of a civil-law claim with a total of more than 50% of the total amount of the claims entitled to the creditors mentioned in the inventory referred to in Article 4 are in favour of it. 13 (1) 2 point 7.
2. The restructuring settlement binds all the creditors of the civil-law claims listed in the inventory referred to in art. 13 (1) 2 point 7.
Article 24. [ Subject of the restructuring agreement] 1. The subject of the restructuring agreement may be:
(1) the restructuring of civil-law liabilities, consisting in particular of:
(a) the decommitment of those commitments in whole or in part,
(b) the payment of the payment of those obligations into instalments,
(c) deferral of the repayment of such obligations
2) the commitment of creditors to take action to support the implementation of the restructuring plan, in particular by:
(a) the holding of shares or shares,
(b) the conversion of receivables into bonds or other bond titles,
(c) conclusion of cooperation agreements,
(d) the granting of loans, loans, guarantees or sureties.
2. The conditions of the restructuring settlement may be varied, to the extent indicated in the paragraph. Article 1 (1), in relation to certain groups of creditors, shall be subject to equal treatment of the participants in the settlement.
Article 25. [ Form of the restructuring agreement] 1. The restructuring settlement shall be contained, under the rigorously invalidity, in writing.
2. The entrepreneur shall transfer the restructuring agreement to the President of the Agency within 7 days from the day of its conclusion.
3. The restructuring settlement can be denounced during the restructuring proceedings only for important reasons, if the dismissals are made by creditors of civil-law claims with a total of more than 50% of the total amount of the claims covered (a)
4. In the event of termination of the restructuring settlement, the President of the Agency shall decompress the restructuring proceedings.
Article 26. [ Waived civil-law liabilities] 1. The amount of undeclared liabilities of civil-law entrepreneurs subject to restructuring shall not constitute income within the meaning of the provisions on corporate income tax.
2. The amount of undeclared civil-law liabilities, with the exception of interest, including capitalized, constitutes the cost of obtaining the income of the creditor of the entrepreneur subject to restructuring, within the meaning of the income tax regulations:
(1) in its entirety, where the claim has previously been credited to the revenue due;
2) at 50% when the claim arose as a result of the granting of a loan or a loan by a bank or an organizational unit entitled to grant credits or loans, on the basis of separate laws regulating the rules of their operation, and the Agency.
Chapter 5
Financial restructuring of public debt receivables
Article 27. [ Restructuring of public-law receivables] The restructuring of public-law receivables is made in the scope, on the principles and in the mode stipulated by the provisions of the Restructuring Law of Public-law debts, subject to the provisions of this Chapter and Chapter 5a.
Article 28. [ The annexes to the request for the initiation of the procedure] To the request referred to in Article 13 (1) 1, or the consent referred to in art. 14 para. 2, the entrepreneur shall attach copies of the applications for the initiation of the restructuring proceedings referred to in art. 12 of the Act on Restructuring Public Debt, addressed to the competent restructuring authorities, hereinafter referred to as "public-law restructuring authorities", or a declaration that it does not benefit from restructuring public receivables.
Article 29. [ Notice of application] 1. The President of the Agency shall without delay inform the restructuring authorities of public-law receivables of the filing of the request for the initiation of restructuring proceedings in the mode of this Act.
2. The President of the Agency shall deliver public-law debt write-offs to the economic operator competent for the business restructuring authorities:
1) provisions on the initiation of restructuring proceedings;
2) provisions on leaving the application for the initiation of restructuring proceedings without recognition;
3) the decision to refuse to initiate the restructuring proceedings;
(4) the decision to restructure;
5) the decision to cancel the restructuring proceedings;
6) the decision to terminate the restructuring proceedings.
Article 30. [ Suspension of restructuring proceedings] 1. Application of the application referred to in art. 13 (1) 1, or the expression of consent referred to in art. 14 para. 2, results in the suspension of restructuring proceedings under the Restructuring Law of public debt until the date of receipt by the restructuring authority of the claims of public-law write-off:
1) provisions on leaving the application for the initiation of restructuring proceedings without recognition;
2) the decision to refuse to initiate the restructuring proceedings;
3) the decision to cancel the restructuring proceedings, in the cases referred to in art. 20, art. 22 par. 2, art. 25 par. 4 and in art. 45 par. 1 and 2;
4) the decision to terminate the restructuring proceedings.
2. Suspension of restructuring proceedings pursuant to the Restructuring Law of Public-Law Receivables:
1) it suspends the obligation to pay the restructuring fee referred to in art. 19 (1) 1 of this Act;
2) pauses the course of the time limits laid down therein.
Article 31. [ The decision to waiver public-law claims] 1. In the event of receipt of the write-off of the decision referred to in art. 30 par. 1 point 4, the public-law restructuring authority issues a decision declaring the write-off of public-law receivables, if the conditions referred to in Article 4 are met. 10 para. 1 point 3 of the Restructuring Act of public-law debts.
2. The decision to cancel the public-law receivables shall be issued within 45 days from the date of receipt of the write-off of the decision referred to in art. 30 par. 1 point 4.
3. In the event of receipt of the write-off of the order or the decisions referred to in art. 30 par. In accordance with Article 1 (1) and (2), the restructuring authority of public-law receivables shall be suspended.
4. In the event of receipt of the write-off of the decision referred to in art. 30 par. 1 point 3, the restructuring authority of the public-law receivables shall issue a decision on the write-off of the restructuring proceedings of public-law liabilities.
Article 32. [ Exemption of the provisions on the restructuring fee] The company to whom the President of the Agency has decided to terminate the restructuring procedure does not apply the provisions on the restructuring fee referred to in the Restructuring Law of Public-Law Debts.
Chapter 5a
Restructuring of certain public-law receivables under specific conditions
Article 32a. [ Public-law receivables subject to restructuring on a specific basis] (1) The restructuring of certain public-law liabilities on specific terms, hereinafter referred to as "restructuring on specific terms", is known as at 30 June 2003. the following public-law receivables:
1) the title of taxes on the state budget, customs duties and the payment of profits to the Treasury,
2) from the social security contributions in the part financed by the payer, the Labour Fund and the Guaranteed Employee Benefit Fund,
3) towards the Guarantee Fund of the Employee Benefits and the State Fund for Rehabilitation of Persons with Disabilities
-unrestructured or in respect of which restructuring proceedings have not been initiated on the basis of the provisions of the Restructuring Law of public-law debts;
4) [ 1] on charges for economic use of the environment within the meaning of the provisions of the Act of 31 January 1980. on the protection and development of the environment (Dz. U. 1994 r. Nr 49, poz. 196, of late. zm.), charges for the use of the environment within the meaning of the provisions of the Act of 27 April 2001. -Environmental law (Dz. U. of 2008 Nr 25, pos. 150, of late. zm.) and fees for the special use of waters within the meaning of the provisions of the Act of 24 October 1974. -Water law (Dz. U. Nr 38, pos. 230, of late. zm.) constituting the revenues of the National Fund for Environmental Protection and Water Management, the voivodship funds of environmental protection and water management, and the revenue of powiats ' budgets and communes budgets;
5. under the administrative fines laid down in the provisions of the laws listed in point 4;
6) on charges for the use of perpetual land of the State Treasury in the part constituting the revenue of the state budget;
(7) in respect of late payment, payment of the fee, additional fee, reminder costs and enforcement costs, from the arrears mentioned in points 1 to 6.
2. There shall be no restructuring of the arrears on the pension insurance contribution.
3. [ 2] The tax and customs arrears set out in the decision of the competent tax authority, the customs authority or the tax inspection body and the social security contributions, the contributions to the Labour Fund are also not subject to restructuring. Fund of Guaranteed Employee Benefits, contributions to the State Fund for Rehabilitation of Persons with Disabilities and fees and penalties for the National Fund for Environmental Protection and Water Management, provincial funds for environmental protection and economy water and district budgets and communes ' budgets, and perpetual use charges the land of the State Treasury, determined as a result of the control procedure, if these arrears have been determined as a result of legal acts aimed at circumvesting tax rules, of customs duties, of social insurance or the provisions concerning the dimension and collection of those duties.
Article 32b. [ Repayment of certain amounts receivable] Known as at 30 June 2003 arrears in contributions to pension insurance, social security contributions in part financed by the insured person and contributions to health insurance, together with interest on arrears, are subject to repayment by the entrepreneur who has submitted an application as referred to in Article 32g ust. 1, within 24 months from the date of the decision on the restructuring.
Article 32c. [ Restructuring of tax receivables of local government units ' budgets] 1. Restructuring on a specific basis shall apply mutatis mutandis to receivables from entrepreneurs in respect of tax liabilities constituting the income of the budgets of local government units, if the body constituting the competent self-government entity the territorial undertaking will, at the request of the trader, take a resolution on the restructuring of those debts.
2. The restructuring of receivables of local government units under this Chapter shall not entitles those entities to offset the loss of their income from that title by the state budget.
Article 32d. [ Order of initiation of the restructuring procedure] The condition of the restructuring shall be conditional upon the issuance by the President of the Agency of the provisions on the initiation of the restructuring procedure referred to in Article 4. 10 para. 1 point 1, and the transfer by the entrepreneur to the Operator of the ownership of a part of the property, unencumbered by mortgages or a pledge to third parties who are not a public-law restructuring authority, hereinafter referred to as the "Wierzyciel", the equivalent of at least 25% of the amounts receivable to be restructured.
Art. 32e. [ Operator] 1. The President of the Agency, before indicating the Operator in the decision of restructuring, shall be obliged to obtain the consent of the company for the performance of the function of the Operator.
2. The operator shall not hold, at the date of the decision on the restructuring, the arrears of taxes constituting the income of the state budget and social security contributions.
3. The Operator may be exclusively a capital company in which the State Treasury or the Agency owns 100% of shares or shares, or the State Treasury and the Agency hold a total of 100% of shares or shares.
Article 32f. [ Restructuring mode] 1. Restructuring on a special basis consists of:
1) taking over from the entrepreneur by the Operator:
(a) the obligations of the trader referred to in Article 32a ust. 1 or Art. 32c ust. 1,
(b) assets of the trader,
2) remission of the Operator's assumed obligations to the entrepreneur
-under the conditions laid down in this Chapter.
2. The transfer by the Operator of the undertaking's obligations shall take place by law on the date of transfer to it of the property of the assets according to their book value; with that date also the securities of those liabilities on the property or rights are terminated. Entrepreneurs, established by the Wierzyciel.
3. The entrepreneur is not responsible for the obligations taken over by the Operator. A different contractual reservation is invalid.
Article 32g. [ Request for restructuring] 1. An entrepreneur shall submit a request for restructuring to the President of the Agency on a special basis.
2. The application referred to in paragraph 2. 1, it shall contain the information specified in the Article. 13 (1) 1 points 1-3.
3. Entrepreneur, submitting the application referred to in the paragraph. 1, shall be accompanied by the amendments made to the restructuring plan referred to in Article 3. 13 (1) 3 (1), containing:
1) an indication of the assets proposed for the transfer to the Operator's property;
2) a list of public-law liabilities proposed for the inclusion of restructuring on a specific basis, with an indication of the Creditors and the safeguards of those obligations;
3) updating the determination of the economic condition of the entrepreneur to be achieved after the restructuring proceedings;
4) information on the adoption of the resolution referred to in art. 32c ust. 1.
Art. 32h. [ Consent of the creditor to the restructuring] 1. The decision to restructure in the restructuring part on special terms requires the consent of the Wierzyciel. The President of the Agency shall forward the decision to the Wierzyciel and the Operator
2. The expression by the believer of the consent referred to in paragraph. 1, means the consent to the expiry of the safeguards laid down by it, as referred to in Article 1. 32f ust. 2.
Article 32i. [ Repayment Plan of Liabilities Assumed] 1. Within 9 months from the date of taking over by the Operator of the obligations of the Operator, the Operator shall be obliged to submit to the President of the Agency agreed with the creditors of the plan to repay the assumed public-law liabilities together with an indication the commitments entered into to be remitted.
2. The repayment plan of the liabilities assumed referred to in paragraph 2. The President of the Agency shall, by decision, approve, by decision, the extent of their decommitments. The President of the Agency shall forward the decision to the Wierzyciel
3. The termination of the obligations attributable to the individual Wierzycielom shall be made in proportion to the share of the claims of each of the creditors in the total amount of the obligations to be remitted.
4. The decision on the write-off of public-law claims mentioned in the decision referred to in paragraph 1 2, it shall issue the creditor to the extent resulting from that decision, after the Operator's plan for repayment of the commitments assumed by him.
5. (repealed).
Article 32j. [ Transfer of funds to creditors by the operator] 1. The Operator shall transfer to the Wierzycielom the cash referred to in art. 32i, obtained as a result of the management of the acquired assets and its disposal, less the costs incurred from these titles.
2. The operator shall divide the cash referred to in paragraph. 1, to meet the obligations of each of the Wierzyers, in proportion to the share of the claims of each of these creditors in the total amount of the liabilities assumed by him.
3. The operator shall be obliged to keep separate records of revenues and expenses related to the management and disposal of the assets taken over.
Article 32k. [ Protection of the operator acquired by the operator] 1. In the period of 12 months from the date of the Operator's acquisition of the entrepreneur's obligations towards this Operator:
1. the bankruptcy may not be declared;
2) there is no provision for the obligation to notify the application for a declaration of bankruptcy;
3) do not meet and charge for the use of the environment within the meaning of the provisions of the Act of 27 April 2001 r. -Environmental law from the assets seized;
(4) no interest shall be calculated on the default of the commitments assumed;
5. it shall not be initiated and shall not lead to enforcement proceedings concerning the commitments assumed.
2. Within a period of 12 months from the date of the Operator's takeover of the entrepreneur's obligations to the purchaser of the property taken over by the Operator shall not apply the provisions of art. 112 of the Act of 29 August 1997. -Tax Ordinance (Dz. U. Nr. 137, pos. 926, with late. zm.).
Art. 32l. [ Unrecognising the tax revenues and the costs of obtaining them] On the date of acquisition by the Operator of the assets and obligations of the entrepreneur on the basis specified in this Chapter and on the day of the sale of this property and the repayment of these liabilities by the Operator, as well as their redemption in accordance with art mode. 32i ust. 4, there is no recognition of tax revenues and the cost of obtaining revenues.
Chapter 6
The restructuring of the assets
Article 33. [ Restructuring of assets] The restructuring of the property may consist in the transfer of ownership of assets by the entrepreneur subject to restructuring to the State Treasury, as well as other activities concerning his assets, as provided for in the plan Restructuring.
Article 34. [ Transfer of ownership of assets] 1. Transfer of ownership referred to in art. 33, may relate to assets which are not and will not be used in the economic activity of the entrepreneur and are unnecessary for the proper conduct and termination of the restructuring proceedings in accordance with the restructuring plan.
2. Transfer of ownership of assets shall take place by means of an agreement concluded between the entrepreneur and the State Treasury represented by the Minister responsible for the Treasury, within the time limit set out in the restructuring decision.
3. The value of transferred assets by the entrepreneur to the State Treasury on the basis of the Act amounts to the cost of obtaining the entrepreneur's income within the meaning of the corporate income tax regulations.
Article 35. [ Disposal of asset items] 1. Acquired by the Treasury of the assets of the entrepreneur may be transferred or transferred free of charge to the property of the Agency, to cover the costs referred to in art. 57, and may also be provided by the State Treasury for the consideration of the use of other entities.
(2) The Agency shall increase the share capital with the value of the assets referred to in paragraph 2. 1.
Article 36. [ Creating capital companies] 1. The Agency may set up capital companies, contributing, to cover their share capital, the assets referred to in art. 35.
2. In the case of the creation of the companies referred to in paragraph. 1, by means of contributions of non-monetary contributions both at the time of the transfer of shares or shares, as well as at the time of their paid divestment, shall not be recognized by the tax revenues and the costs of obtaining revenues.
Chapter 7
Employment restructuring
Article 37. [ Benefits in relation to termination of employment] 1. If the approved restructuring plan provides a solution with the employee part of the employment relationship due to capacity reduction, technological changes and assortment of production, reorganization, liquidation of posts, branches and production departments, workers to be exempted who do not comply with the conditions laid down in separate provisions for the acquisition of pension rights and pension benefits, are entitled, subject to the paragraph 2 and 10:
1) one-off free training;
2. retraining allowance: a training contract;
3) a one-time conditional briet.
2. The benefits referred to in paragraph. 1, may be granted by the employer only once, at the request of the employee, if, before the date of application of the application, the employee has not benefited from such benefits and declares that he will not use them in the future.
3. A retraining provision-a training contract is awarded by the employer for a period of not more than 6 months, at the request of the employee, who declares that he/she consented to the termination of the employment relationship after the end of the period for which it the benefit is granted, and will begin training.
4. During the period of use of the retraining allowance, the staff member's training contract shall have a one-off free training, financed by the Labour Fund.
5. Funding from the Work Fund of the benefits referred to in paragraph. 4, takes place as for the job seekers referred to in art. 16 ust. 10 point 3 of the Act of 14 December 1994. about employment and counteracting unemployment (Dz. U. of 2001. Nr 6, pos. 56, Nr 42, poz. 475, Nr. 89, pos. 973, Nr 100, pos. 1080, Nr 122, pos. 1323 i 1325, Nr 128, poz. 1405 and No. 154, pos. 1793 and 2002 Nr 25, pos. 253, No. 74, pos. 675, Nr. 113, pos. 984, Nr 199, pos. 1673 and No. 200, pos. 1679).
6. Measures of the Labour Fund to finance the benefits referred to in the paragraph. 4, shall be transferred to the starost under the authority of the district labour office competent for the entrepreneur, by the authorising officer of the Labour Fund, from the reserve, at the request of that starost.
7. The planned training estimate, taking into account the number of trainees of the entrepreneur and the unit and the total costs of training, the entrepreneur shall submit for approval to the minister competent for the work, together with the starost's opinion referred to in paragraph 6.
8. Benefits of retraining-the training contract is paid to the employee by the entrepreneur every month, starting from the month in which he started the training, in the amount equal to the employee's remuneration, calculated as the remuneration for holiday leave,
9. From the provision of retraining-the entrepreneur's training contract is obliged to make contributions to social security contributions and to the special-purpose funds-on the basis and in the amount specified in the separate regulations.
10. The exercise referred to in paragraph 1 In accordance with Article 1 (1) (3), an employee who benefits from a training contract is entitled to a training contract which, at the end of the course of training and within six months from the date on which the benefit is granted, will apply to the employer for termination of the contract work.
11. The exercise referred to in paragraph 1. 1 point 3, shall be paid by the trader in an amount equal to the product of the number of full months remaining until the end of the 6-month period of collection of the retraining allowance, the training contract and the remuneration of the amount determined in accordance with the paragraph. 8, less the amount corresponding to social security contributions from that remuneration, financed by the insured person.
Article 38. [ Prohibition of hiring new workers] 1. An entrepreneur covered by the restructuring of employment cannot, during the period of implementation of the restructuring plan, employ new employees-excluding those with specialist qualifications, which may be employed in the scope provided for in an approved restructuring plan.
2. Paragraph Recipe 1 shall apply mutatis mutandis to the recruitment of persons on the basis of a contract of contract, contract of work, agency contract and managerial contract.
Article 39. [ Apply to other laws] After the decision to restructure the employment relationship at the establishment of the entrepreneur, accordingly, the provisions of the separate laws regulating the effects of the declaration of bankruptcy in the field of labour relations shall apply.
Article 40. [ Job Creation Program] 1. In the case of acquisition by the Agency of the assets, in accordance with art mode. 35, the President of the Agency shall draw up a programme for the creation of jobs on the basis of
2. The places of work referred to in paragraph. 1, should be intended primarily for the dismissable employees of the entrepreneur who carried out the transfer of the assets of that property.
3. The programme referred to in paragraph 1. 1, may provide financing from the Cost Labour Fund:
1) training,
2) parts of wages and social contributions
-the workers referred to in paragraph 1. 2.
4. Funding from the Labour Fund of the costs referred to in paragraph. 3, may take place for a period of time and in the amount provided for in the employment and anti-unemployment provisions, except that the financing of the part of the remuneration and social security contributions is carried out on the basis of the rules laid down for the work of the 2.
5. Measures of the Labour Fund to finance the costs referred to in paragraph. 3, shall be transferred to the starost under the authority of the district labour office competent for the place of property referred to in paragraph 3. 1, by a disposal of the Labour Fund from the reserve, at the request of that starost.
6. The programme referred to in paragraph 1. 1, the President of the Agency shall submit for approval to the part concerning the financing of the costs from the Labour Minister of the Minister of Labour, together with the opinion of the starost referred to in paragraph. 5, which takes into account the situation on the local labour market and the compatibility of the scheme with the applicable rules.
7. The provisions of the paragraph. 1-6 shall apply mutatis mutandis to the companies referred to in Article 3. 36 ust. 1.
Chapter 8
Obligations of the restructured undertaking
Article 41. [ Obligations of the entrepreneur] 1. The entrepreneur is obliged to:
1. the implementation of the restructuring plan;
2) execution of the restructuring settlement;
3) the timely regulation of current public-law liabilities, subject to paragraph. 2;
4) [ 3] (repealed);
5) [ 4] the submission of quarterly reports to the President of the Agency on the implementation of the obligations set out in points 1
2. In the case of the implementation of the restructuring of public receivables, in accordance with the provisions of Chapter 5, the entrepreneur should fulfil the conditions required by the Restructuring Law of Public Receivables to Establish Redemption of Receivables Public-law restructurings under this Act.
Article 42. [ Constraints of entrepreneur ' s 1. In the period from the date of service of the decision on restructuring until the date of service of the decision on the termination of the restructuring proceedings the entrepreneur shall not:
1) include shares or shares in companies, as well as create companies without legal personality or join such companies;
2) conclude contracts for free transfer of assets to the use or use and collection of the loans;
3) make legal acts obliging or regulations exceeding the scope of the ordinary management board;
4) make legal acts under the title of free, as well as legal acts obliging or regulating on a non-equivalent basis.
2. The provisions of the paragraph. 1 shall not apply to the activities referred to in Article 3. 22 par. 1, art. 33 and in Art. 53.
Chapter 9
Completion of the restructuring procedure
Article 43. [ Decision on the completion of the restructuring procedure] 1. The President of the Agency shall issue a decision on the completion of the restructuring procedure, if the restructuring plan and the restructuring agreement have been implemented. The obligation to implement the restructuring agreement shall not apply to deferred payments and distributed to instalments following the date of implementation of the restructuring plan.
2. The decision referred to in paragraph. 1, is subject to immediate execution.
Article 44. [ The content of the decision to terminate the procedure] The decision to terminate the restructuring procedure shall include in particular:
1) the designation of the trader;
2) the place of residence or establishment of the entrepreneur
3) statement of the completion of the restructuring proceedings;
4) the settlement of the costs of the restructuring proceedings and the ways of their coverage.
Article 45. [ Decision to remit the restructuring procedure] 1. The President of the Agency shall decompress the restructuring proceedings if the due date of the restructuring of the restructuring decision has expired and the entrepreneur has not carried out the restructuring plan or, subject to the Art. 43 par. 1 second sentence, restructuring settlement.
2. The President of the Agency may, before the due date of the restructuring proceedings specified in the restructuring decision, cancel the restructuring proceedings-in the event that the entrepreneur fails to perform the duties referred to in art. 41, or carry out the activities referred to in art. 42.
(3) The decision to remit the restructuring procedure shall include in particular:
1) the designation of the trader;
2) the place of residence or establishment of the entrepreneur
3) determination of the reason for the remission;
4) the settlement of the costs of the restructuring proceedings and the ways of their coverage.
4. In the case of remission of restructuring proceedings:
1) the resulting restructuring settlement binds the parties, unless otherwise provided for by its provisions;
2. the legal acts on the assets covered by the restructuring plan shall remain in force.
Chapter 10
Companies in the restructuring
Article 46. [ Status of company in restructuring] 1. The companies which intend to make a merger within the meaning of art. 492 § 1 of the Code of Commercial Companies, in case at least one of them meets the conditions referred to in art. 2, may apply for the granting of the acquiring company or the company to the newly established status of the company in the restructuring.
2. The granting of the company to the company status in the restructuring shall take place after the last of the merger resolutions referred to in Article 4. 506 of the Code of Commercial Companies, subject to the provisions concerning the founding of the company formed as a result of the merger
Article 47. [ Application for the status of a company in restructuring] 1. The status of a company in the restructuring shall be granted by the President of the Agency at the joint request of companies intending to make a merger.
2. The application for a company status of a company in restructuring shall contain the following information concerning each of the companies intending to make a merger:
1) the company and the company's registered office;
2) the names of persons entitled to represent the company;
(3) the place of business and the place where the property is located;
4) determination of the amount of loss occurring in the current tax year and in the 5 years immediately preceding the current tax year;
5) the circumstances justifying the application and their prima facie evidence;
6) the number of persons providing the entrepreneur's work on the basis of the employment relationship;
7) the number of persons performing services in favour of the company on the basis of civil-law contracts concluded for a period of more than 6 months.
3. The application shall be accompanied by:
1) the financial statements of each of the companies for the last financial year and the financial statements of each of the companies drawn up on the last day of the month preceding the day of submission of the application;
2) a list of the creditors of the public debt of each of the companies, broken down by individual titles and years, and with an indication of the amounts of arrears, the interest on late payment and the payment of the prolongations, and a list of the securities of these claims;
3) a list of the creditors of the civil-law claims of each of the companies, stating the amount of the claims of each of the creditors, broken down by year, and a list of the securities of these claims;
4) an inventory of the debtors of each of the companies with an indication of the amount of the debt of each of the debtors, broken down by year, and a list of securities;
5) the restructuring plan of the company in the restructuring;
6) restructuring programmes carried out by each of the companies on the basis of separate laws.
4. The restructuring plan referred to in paragraph 1. Article 3 (5) shall be drawn up in accordance with Article 3. 15.
5. There is no need for a restructuring settlement to be granted to the company as a company in the restructuring.
Article 48. [ Promotes the decision to grant status] 1. The President of the Agency shall give a prominence to the decision to grant the company the status of the company in the restructuring provided that the merger is made, specifying the company and the head office of the companies intending to make the merger and the time limit for
2. The decision to grant the company the status of the company in the restructuring shall include in particular:
1) the company and the registered office of the company, which is granted the status of the company in the restructuring;
2) the deadline for the completion of the restructuring until the date of which the company was granted the status of the restructuring company;
3) approval of the restructuring plan referred to in art. 47 para. 3 point 5.
Article 49. [ The decision to deprive the company of the restructuring of the company] In the case of non-execution or non-performance by the company in the restructuring of the activities set out in the restructuring plan, the President of the Agency shall issue a decision on depriving the company of the company's status in the restructuring.
Article 50. [ Copy of the decision] The President of the Agency shall send a copy of the decision whether to grant or deprive the company of the company's status in a restructuring to that company's competent tax authority and to any other body or entity which is a public creditor.
Article 51. [ Exclusion of the application of the provisions of the Law on Corporate Income Tax] No Article shall be applied to the company in the restructuring. 7 ust. 3 point 4 of the Act of 15 February 1992. o corporate income tax (Dz. U. 2000 r. Nr 54, poz. 654, Nr 60, poz. 700 and 703, No. 86, pos. 958, Nr 103, poz. 1100, Nr 117, pos. 1228 i Nr 122, poz. 1315 and 1324, of 2001. No. 106, pos. 1150, Nr 110, poz. 1190 and No 125, pos. 1363 and 2002. Nr 25, pos. 253, No. 74, pos. 676, Nr 93, poz. 820, No. 141, pos. 1179, Nr 169, poz. 1384, Nr 199, pos. 1672 and Nr 200, pos. 1684).
Article 52. [ Merger of SOEs] The provisions of Article 4 46-51 shall apply mutatis mutandis to the merger of SOEs within the meaning of the provisions on State enterprises and to the merger of cooperatives within the meaning of the provisions of the cooperative law.
Chapter 11
Repropriation of assets for security
Article 53. [ Repropriation of assets] The Agency may require that the assets of the undertaking subject to restructuring be misappropriated for the purpose of securing the costs of the restructuring procedure, or may request collateral in another form.
Article 54. [ Assets subject to collateral] 1. The security referred to in art. 53, may be subject to the assets which are not transferred to the Treasury in accordance with Article 53 in the decision to restructure the assets. 34, if such a form of security is necessary for the proper conduct and termination of the restructuring proceedings.
2. The expropriation referred to in art. 53, shall take place within the time limit laid down in the restructuring decision.
Article 55. [ Coverage of costs of decommitted proceedings] In the event of the remission of restructuring proceedings, the costs of this procedure shall be borne by the transfer of ownership of the assets referred to in Article 4. 53.
Chapter 12
Financing of restructuring proceedings
Article 56. (repealed).
Article 57. [ Restructuring costs] 1. The costs of restructuring proceedings are costs:
1) the functioning of the isolated organisational units of the Agency, incurred in connection with the operation of the restructuring proceedings;
2) transfer of ownership of the entrepreneur's assets to the Agency in the framework of restructuring proceedings, that is, the costs of taking over, zoning or disposing of property;
(3) other, not specified in points 1 and 2.
2. The costs of restructuring proceedings shall be determined for each procedure separately.
3. The costs of restructuring proceedings shall not include tax credits obtained by the Agency on the basis of this Law and the separate provisions.
4. The costs referred to in the paragraph. Article 1 (1) and (2) shall be included in the costs of obtaining the Agency's revenue, within the meaning of the provisions on corporate income tax.
Article 58. [ Cost Coverage Sources] Source of coverage of costs referred to in Article 57, are in particular:
(1) the financial revenue generated by the loans and guarantees provided by the Agency from resources from the source referred to in Article 3 (1) (a) of the Financial Regulation. 56 par. 1;
(2) the assets transferred to the Agency in accordance with Article 3 35 and 55;
3) the funds obtained by the Agency from the sale or use of the assets transferred by the State Treasury in accordance with Art. 35.
Article 59. [ Deduction of the costs of carrying out tasks] The Agency shall present every six months to the Minister responsible for Economic Affairs and the Minister competent for the Treasury the settlement of the costs of carrying out the tasks set out in the Act according to the sources of the cover referred to in Art. 58.
Chapter 13
Amendments to the provisions in force, transitional and final provisions
Article 60. [ Law on Goods and Services Tax and Excise Tax] In the Act of 8 January 1993 o Tax on goods and services and on excise duty (Dz. U. Nr 11, pos. 50, Nr 28, pos. 127 i No 129, pos. 599, 1994 Nr 132, pos. 670, of 1995 Nr 44, pos. 231 and No. 142, pos. 702 and 703, of 1996 No. 137, item. 640, of 1997. No. 111, item. 722, Nr 123, pos. 776 and 780, Nr 137, poz. 926, Nr 141, poz. 943 and No. 162, pos. 1104, 1998 Nr 139, pos. 905 and No 161, pos. 1076, 1999 Nr 50, poz. 499, No. 57, pos. 596 and No. 95, pos. 1100, of 2000 Nr 68, poz. 805 and No. 105, pos. 1107, 2001 No 12, pos. 92, No 39, pos. 459, No. 56, pos. 580, Nr 63, poz. 639, Nr 80, poz. 858, No. 90, pos. 995, Nr 106, poz. 1150 i Nr 122, poz. 1324 and 2002. No 19, pos. 185, Nr 41, pos. 365, Nr 86, pos. 794, No. 153, pos. 1272 and No. 169, pos. 1387) in art. 7 after the mouth. 3 The paragraph shall be added. 4 as follows:
" 4. It shall be exempt from the tax on goods and services referred to in Article 34 par. 1, art. 35, art. 36 ust. 1 and in Art. 55 of the Act of 30 October 2002. about public aid for entrepreneurs of particular importance for the labour market (Dz. U. Nr. 213, pos. 1800). ".
Article 61. (repealed).
Article 62. [ Entry into force] [ 5] The Act shall enter into force after 7 days from the day of the announcement.
[ 1] Article 32a (a) 1 point 4 as set out by the Article 7 point 1 of the Act of 20 November 2009. on the amendment of the Act-Environmental law and some other laws (Dz. U. Nr 215, poz. 1664). The amendment entered into force on 1 January 2010.
[ 2] Article 32a (a) 3 in the version set by the Article. 7 point 2 of the Act of 20 November 2009. on the amendment of the Act-Environmental law and some other laws (Dz. U. Nr 215, poz. 1664). The amendment entered into force on 1 January 2010.
[ 3] Article 41 (1) 1 point 4 repealed by Article 5 point 1 of the Act of 19 November 2009. to repeal the law on the negotiation of the system for shaping the increase of average salaries in entrepreneurs and on the change of certain laws (Dz. U. No 219, pos. 1707). The amendment entered into force on 1 January 2010.
[ 4] Article 41 (1) 1 point 5 in the wording set by the Article 5 point 2 of the Act of 19 November 2009. to repeal the law on the negotiation of the system for shaping the increase of average salaries in entrepreneurs and on the change of certain laws (Dz. U. No 219, pos. 1707). The amendment entered into force on 1 January 2010.
[ 5] The Act shall enter into force on 24 December 2002.
