Insolvency Regulation (1992:501)

Original Language Title: Lönegarantiförordning (1992:501)

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section 1 of this Regulation shall apply to the handling of matters and in matters of

State wage guarantee in bankruptcy and corporate restructuring.

Regulation (2005:274).



Handling, etc. of bankruptcy Trustees and administrators at

corporate restructuring



1 a of the Notice to the County Administrative Board according to 11, 12, 14, 17

and 18 of the wage guarantee Act (1992:497) should be sent to



1. The County Administrative Board of Stockholm, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Stockholm, Uppsala,

Södermanland, Västmanland County Gotland or,



2. The County Administrative Board in Östergötlands County, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Östergötland, Jönköping

or, Kalmar county, Sweden



3. The County Administrative Board Skåne County, when the District Court dealing with the

bankruptcy case or matter if corporate restructuring belongs

to Skåne, Kronoberg, or Blekinge County,



4. The County Administrative Board of Västra Götaland, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Västra Götaland or

Halland County,



5. The County Administrative Board of Dalarna County, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Dalarna, Värmland, Örebro

or Gävleborgs län,



6. The County Administrative Board of Västernorrland County, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Västernorrland or

Jämtland County, and



7. the County Administrative Board of norrbotten, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Norrbottens or

Västerbotten County. Regulation (2012:401).



section 2 of the notification under section 11 or 12 the wage guarantee Act

(1992:497) shall include, in addition to data on

in bankruptcy, the date of the bankruptcy order and the Court

which has issued the decision, stating



(a)) the worker,



(b)) the claim that the worker has against the debtor and

to what extent it shall be covered by the warranty.



Trustee shall also provide the

workers ' associations and holiday cash as the worker

belongs to, and if he has changed calculation of provisional tax

or attachment of earnings.



The notification shall state whether the employee shall perform

work for the bankrupt during the period of notice.

Regulation (1997:1082).



According to paragraph 3 of Decision 16, 18 or 21 of the wage guarantee Act (1992:497)

shall contain



1. the information under paragraph 2, whereby the bankrupt shall

apply by analogy in respect of the

corporate restructuring,



2. indication of how to appeal and



3. the reasons for the decision. Regulation (2005:274).



4 § Dividends accruing to the State under section 28 of the

the wage guarantee Act (1992:497) to be paid to the County Administrative Board

who has paid the amount of the guarantee. Notice of payment

be submitted to the tax office. Regulation (2007:794).



Courts handling



section 5 Of the District Court decides if the security procedure in a

bankruptcy, the law on the same day as the decision was announced to send a

notification of the decision to the tax authorities and to



1. The County Administrative Board of Stockholm, when the District Court found

Stockholm, Uppsala, Södermanland, Gotlands or

Västmanland County,



2. The County Administrative Board in Östergötlands län, as the District Court found

Östergötland, Jönköping, or Kalmar county,



3. The County Administrative Board Skåne County, when the District Court belong to the Skane,

Kronoberg, or Blekinge County,



4. The County Administrative Board of Västra Götaland, when the District Court hears

of Västra Götaland, Halland County, Sweden, with or



5. The County Administrative Board of Dalarna County, when the District Court found

Dalarna, Värmland, Örebro, or Gävleborgs län,



6. The County Administrative Board of Västernorrland County, when the District Court hears

to the North, or Jämtlands län, and



7. the County Administrative Board of norrbotten, as the District Court found

Norrbottens or Västerbotten County. Regulation (2012:401).



section 6, once a court has determined a case to pay security a

copy of the judgment shall be sent to the



1. The County Administrative Board of Stockholm, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Stockholm, Uppsala,

Södermanland, Västmanland County Gotland or,



2. The County Administrative Board in Östergötlands County, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Östergötland, Jönköping

or, Kalmar county, Sweden



3. The County Administrative Board Skåne County, when the District Court dealing with the

bankruptcy case or matter if corporate restructuring belongs

to Skåne, Kronoberg, or Blekinge County,



4. The County Administrative Board of Västra Götaland, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Västra Götaland or

Halland County,



5. The County Administrative Board of Dalarna County, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Dalarna, Värmland, Örebro

or Gävleborgs län,



6. The County Administrative Board of Västernorrland County, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Västernorrland or

Jämtland County, and



7. the County Administrative Board of norrbotten, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Norrbottens or

Västerbotten County.



A copy of the decision shall also be sent to the bankrupt

and the Manager or, in the case of corporate restructuring,

to the debtor and the administrator. Regulation (2012:401).



section 6 (a) in the case referred to in paragraph 21 of the wage guarantee Act (1992:497),

the Court shall send a copy of the decision in a case concerning

wage guarantee to



1. The County Administrative Board of Stockholm, when the worker is staying in

Stockholm, Uppsala, Södermanland, Gotlands or

Västmanland County,



2. The County Administrative Board in Östergötlands County, when the worker is staying

in Östergötland, Jönköping, or Kalmar county,



3. The County Administrative Board Skåne County, when the worker is staying in

Skåne, Kronoberg, or Blekinge County,



4. The County Administrative Board of Västra Götaland, where the employee

staying in Västra Götaland, Halland County, Sweden, with or



5. The County Administrative Board of Dalarna County, when the worker is staying in

Dalarna, Värmland, Örebro, or Gävleborgs län,



6. The County Administrative Board of Västernorrland County, when the worker

stay in Västernorrland or Jämtlands län, and



7. the County Administrative Board of norrbotten, where the employee resides in

Norrbottens or Västerbotten County.



A copy of the decision shall also be sent to the bankrupt.

Regulation (2012:401).



The County Administrative Board's handling



6 b of the Guarantee amount under section 22 of the wage guarantee Act (1992:497)

paid by



1. The County Administrative Board of Stockholm, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Stockholm, Uppsala,

Södermanland, Västmanland County Gotland or,



2. The County Administrative Board in Östergötlands County, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Östergötland, Jönköping

or, Kalmar county, Sweden



3. The County Administrative Board Skåne County, when the District Court dealing with the

bankruptcy case or matter if corporate restructuring belongs

to Skåne, Kronoberg, or Blekinge County,



4. The County Administrative Board of Västra Götaland, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Västra Götaland or

Halland County,



5. The County Administrative Board of Dalarna County, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Dalarna, Värmland, Örebro

or Gävleborgs län,



6. The County Administrative Board of Västernorrland County, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Västernorrland or

Jämtland County, and



7. the County Administrative Board of norrbotten, when the District Court

handling the bankruptcy case or matter if

corporate restructuring belongs to Norrbottens or

Västerbotten County. Regulation (2012:401).



6 c § Warranty amounts under section 22 of the wage guarantee Act (1992:497)

relating to the conditions in paragraph 21 of the wage guarantee Act paid by



1. The County Administrative Board of Stockholm, when the worker is staying in

Stockholm, Uppsala, Södermanland, Gotlands or

Västmanland County,



2. The County Administrative Board in Östergötlands County, when the worker is staying

in Östergötland, Jönköping, or Kalmar county,



3. The County Administrative Board Skåne County, when the worker is staying in

Skåne, Kronoberg, or Blekinge County,



4. The County Administrative Board of Västra Götaland, where the employee

staying in Västra Götaland, Halland County, Sweden, with or



5. The County Administrative Board of Dalarna County, when the worker is staying in

Dalarna, Värmland, Örebro, or Gävleborgs län,



6. The County Administrative Board of Västernorrland County, when the worker

stay in Västernorrland or Jämtlands län, and



7. the County Administrative Board of norrbotten, where the employee resides in

Norrbottens or Västerbotten County. Regulation (2012:401).



7 § länsstyrelsen fulfill regarding guarantee amount

the employer's obligations regarding tax deduction, decision

If garnishment of wages as well as control information to management for

income taxation. Regulation (2011:1446).



section 8 Of the emerges from the Manager's or be presented by

notification or decision that the employee shall perform

work of the debtor during the notice period, the guarantee amount

for claim on severance pay paid out even if the worker

has not provided the declaration under paragraph 25 of the wage guarantee Act


(1992:497) Regulation (2005:274).



§ 9 the County Government shall send a statement of the Manager's or

be presented by notice or decision on wage guarantee

severance pay to the insurance fund.



The County Board shall submit the bankrupt and the trustee,

the debtor by the reorganisation administrator as well as

The tax agency notice of paid, deducted and withheld

guarantee amount. Regulation (2007:794).



9 a of the County Board shall provide the information referred to in paragraph 5 of the

Ordinance (1994:1283) to pay security registry

Enforcement authority. Regulation (2006:771).



section 10 is repealed by Regulation (2007:794).



paragraph 11 of the terms of repayment of the guaranteed amount under section 34 or 35

the wage guarantee Act (1992:497) are handled by the County Administrative Board which has paid

out the amount.



section 12 means of payments according to the wage guarantee Act (1992:497)

be ordered from kammarkollegiet. Regulation (1995:863).



section 13 Of the State's claim on the basis of paid warranty amount

is not paid within the time limit set by the County Administrative Board, shall

the County Administrative Board to request recovery of the fee. Recovery needs

not, however, be requested for a claim of less than 100 kroons if

recovery is not required from a general point of view.



Provisions of the Recovery Act (1993:891) if

recovery of State assets, etc.., and in

enforcement regulation (1993:1229).



Upon recovery, enforcement under the enforcement code occur.

Regulation (2007:794).



Final provision



section 14 of the detailed rules for the application of the provisions of

This regulation be notified with regard to



a) 2, 3 and 4 sections and the provisions for the county administrative boards

processing except section 12, of the enforcement authority,



b) section 12, of the national financial management authority. Regulation (2006:771).



Transitional provisions



1992:501



1. This Regulation shall enter into force on 1 July 1992. Maj: ts

release (1970:745) if State wage guarantee in bankruptcy shall

cease to apply.



2. Older rules still apply for the claim of a

employers who have been declared bankrupt before the entry into force.



1997:206



This Regulation shall enter into force on 1 June 1997. Older

regulations still apply to data relating to

wage guarantee issues settled definitively before the entry into force.



2012:401



1. this Regulation shall enter into force on July 1, 2012.



2. before the date of entry into force Has guaranteed amount referred to in paragraph 4 of the

paid by another County Board than the one to be in charge of

payments under section 6 (b) or 6 (c) should the dividend paid

to



(a)), the County Administrative Board of Stockholm, when the County Administrative Board in

Stockholm, Uppsala, Södermanland, Gotlands or

Västmanland County has paid the amount of the guarantee,



b) County Board of Östergötland County, when the County Administrative Board in

Östergötland, Jönköping, or Kalmar county has paid out

the amount of the guarantee,



(c)), the County Administrative Board Skåne County, when the County Board in Skåne,

Kronoberg, or Blekinge County has paid the amount of the guarantee,



d) in Västra Götaland County Administrative Board, when the County Administrative Board in

Västra Götaland, Halland County has paid or

the amount of the guarantee,



e) County Board of Dalarna County, after the County Administrative Board of Dalarna,

Värmland, Örebro, Gävleborg County has paid or

the amount of the guarantee,



(f)), the County Administrative Board of Västernorrland County Administrative Board, when in

Jämtland County Västernorrland has paid or

the amount of the guarantee, and



g) County Administrative Board of norrbotten County, when the County Administrative Board of

Norrbottens or Västerbotten County has paid out

the amount of the guarantee.



3. before the date of entry into force Has guaranteed amount referred to in section 11

paid by another County Board than the one to be in charge of

payments under section 6 (b) or 6 (c) should the recovery are handled by



(a)), the County Administrative Board of Stockholm, when the County Administrative Board in

Stockholm, Uppsala, Södermanland, Gotlands or

Västmanland County has paid the amount of the guarantee,



b) County Board of Östergötland County, when the County Administrative Board in

Östergötland, Jönköping, or Kalmar county has paid out

the amount of the guarantee,



(c)), the County Administrative Board Skåne County, when the County Board in Skåne,

Kronoberg, or Blekinge County has paid the amount of the guarantee,



d) in Västra Götaland County Administrative Board, when the County Administrative Board in

Västra Götaland, Halland County has paid or

the amount of the guarantee,



e) County Board of Dalarna County, after the County Administrative Board of Dalarna,

Värmland, Örebro, Gävleborg County has paid or

the amount of the guarantee,



(f)), the County Administrative Board of Västernorrland County Administrative Board, when in

Jämtland County Västernorrland has paid or

the amount of the guarantee, and



g) County Administrative Board of norrbotten County, when the County Administrative Board of

Norrbottens or Västerbotten County has paid out

the amount of the guarantee.



4. before the date of entry into force Has the prescribed period for the collection of

fee under section 13, first subparagraph determined by another

the county administrative board than the one to pay the guaranteed amount under 6 b

or 6 c section,



a) Stockholm County Administrative Board to request the recovery of

fee if payment is not made within the time prescribed

by the County Administrative Board of Stockholm, Uppsala, Södermanland,

Gotland or Uttaranchal,



b) County Board in Östergötlands län request recovery of

fee if payment is not made within the time prescribed

by the County Administrative Board of Östergötland, Jönköping, or Kalmar county,



(c)), the County Administrative Board Skåne County to request recovery of the fee when

payment is not made within the time prescribed by the

the County Administrative Board in Skåne, Kronoberg, or Blekinge County,



d) in Västra Götaland County Administrative Board to request the recovery of

fee if payment is not made within the time prescribed

by the County Administrative Board of Halland, Västra Götaland or



e) County Board of Dalarna County to request recovery of the fee

when payment is not made within the time prescribed by the

länsstyrelsen Dalarna, Värmland, Örebro, or Gävleborgs

County,



(f)), the County Administrative Board of Västernorrland request recovery of

fee if payment is not made within the time prescribed

by the County Administrative Board of Västernorrland or Jämtlands län, and



g) länsstyrelsen i Norrbottens län request recovery of

fee if payment is not made within the time prescribed

by the County Administrative Board of norrbotten or Västerbotten County.

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