00A
About an INCONSISTENCY (BANKRUPTCY)
THE LAW
THE PRESIDENT of Russian Federation
January 8, 1998
N 6-ФЗ
(Д)
Is accepted by State Duma of December 10, 1997
Is approved by Council of Federation of December 24, 1997
the CHAPTER I. COMMON STATE
Clause 1. the Attitudes adjustable by the present Federal law
1. According to the Civil code of Russian Federation
The present Federal law establishes the bases of a recognition of the debtor
By insolvent (bankrupt) or announcement by the debtor about
The inconsistencies (bankruptcy), are adjusted by the order and condition
Realization of measures under the prevention of an inconsistency (bankruptcy),
Realizations of external management and competitive manufacture and others
The Attitudes arising at inability of the debtor to satisfy in
Complete volume of the requirement of the creditors.
2. The present Federal law is distributed to all
The legal persons being commercial organizations (for
By exception of the state enterprises), on noncommercial organizations,
Working in the form of consumer cooperative society, charitable
Or other fund.
3. To the Attitudes connected to an inconsistency (bankruptcy)
Credit organizations, the present Federal law is applied with
By features established by the federal law on an inconsistency
(Bankruptcy) of credit organizations.
4. Attitudes connected to an inconsistency (bankruptcy)
The citizens, including registered as individual
The businessmen, are adjusted by the present Federal law. Norms,
Regulating an inconsistency (bankruptcy) of the citizens, including
Registered as the individual businessmen,
Contained in other federal laws, can be applied only
After entering respective alterations and additions at present
The federal law.
5. If by the international contract of Russian Federation are established
Other rules, than what are stipulated present Federal
The law, applies rules of the international contract Russian
Federations.
6. To the Attitudes adjustable present Federal law, with
The participation of the foreign persons as the creditors applies rules
The present Federal law, if other is not stipulated
By the international contract of Russian Federation.
7. Decision of courts of the foreign states on businesses about
The inconsistencies (bankruptcy) admit in territory Russian
Federations according to the international contracts Russian
Federations.
At absence of the international contracts of Russian Federation
The decisions of courts of the foreign states on businesses about an inconsistency
(Bankruptcy) admit in territory of Russian Federation on the basis of
Reciprocity, if other is not stipulated by the federal law.
Clause 2. the Basic concepts used in the present
The federal law
For the purposes of the present Federal law the following
are used
The basic concepts:
Inconsistency (bankruptcy) - recognized by arbitration court
Or inability, announced by the debtor, of the debtor in complete volume
To satisfy the requirements of the creditors under the liabilities and (or)
To execute a duty on payment of obligatory payments (further -
Bankruptcy);
The debtor - citizen, including individual businessman,
Or legal person unable to satisfy of the requirement of the creditors
Under the liabilities and (or) to execute a duty on payment
Obligatory payments during term established hereby
By the federal law;
The liability - duty of the debtor to pay to the creditor
The certain money sum under the civil-law contract and on others
To the bases stipulated Civil code of Russian Federation;
Obligatory payments - taxes, taxes and other obligatory payments in
The budget of the appropriate level and in over and above the budgets funds in the order and on
Conditions, which are defined by the legislation of Russian Federation;
The chief of the debtor - sole executive organization
The legal person, and also other persons who are carrying out according to
By the federal laws activity on behalf of the legal person without
The powers of attorney;
The competitive creditors - creditors under the liabilities, for
By exception of the citizens, before which the debtor bears responsibility for
Causing of harm to life and health, and also founders (participants)
The debtor - legal person under the obligations following from such
Participations;
To court decision sanitation - measure on restoration ability to pay
The debtors accepted by the proprietor of property of the debtor - unitary
The enterprises, founders (participants) of the debtor - legal person,
By the creditors of the debtor and other persons with the purposes of the prevention
Bankruptcies;
Supervision - procedure of bankruptcy used to the debtor with
The moment of acceptance by arbitration court of the application about a recognition of the debtor
By the bankrupt up to the moment determined according to hereby
By the federal law, with the purposes of maintenance of safety of property
The debtor and realization of the analysis of a financial condition of the debtor;
External management (judicial sanitation ) - procedure of bankruptcy,
Used to the debtor with the purposes of restoration him ability to pay ,
With transfer of powers on management of the debtor to the external manager;
Competitive manufacture - procedure of bankruptcy used to
To the debtor recognized by the bankrupt, with the purposes of proportional satisfaction
The requirements of the creditors;
Arbitration managing (temporary manager, external
Managing, competitive manager) - person nominated arbitration
By court for realization of procedures of bankruptcy and realization others
Powers established by the present Federal law;
The temporary manager - person nominated as arbitration court for
Supervision, realization of measures on maintenance of safety of property
The debtor and other powers established present Federal
By the law;
The external manager - person nominated as arbitration court for
Realizations of external management and realization of other powers,
Established by the present Federal law;
The competitive manager - person nominated as arbitration court for
Realizations of competitive manufacture and realization of other powers,
Established by the present Federal law;
The moratorium - stay of performance by the debtor money
The obligations and payment of obligatory payments;
The representative of the workers of the debtor - person authorized
By the workers of the debtor to represent their interests at realization of procedures
Bankruptcies.
Clause 3. Attributes of bankruptcy
1. The citizen is considered unable to satisfy the requirements
The creditors under the liabilities and (or) to execute a duty on
To payment of obligatory payments, if the appropriate obligations and
(Or) the duties are not executed by him within three months from the moment of
Approaches of date of their performance and if the sum of his obligations exceeds
Cost of property, belonging to him.
2. The legal person is considered unable to satisfy
The requirements of the creditors under the liabilities and (or) to execute
Duty on payment of obligatory payments, if appropriate
The obligations and (or) duty are not executed by him during three
Months from the moment of approach of date of their performance .
3. Rules stipulated by items 1 and 2 present clauses,
Are applied, if other is not established by the present Federal law.
Clause 4. Structure and size of the liabilities and
Obligatory payments
1. Structure and size of the liabilities and obligatory payments
Are defined on the moment of submission in arbitration court of the application about a recognition
The debtor by the bankrupt, if other is not stipulated present Federal
By the law.
2. For definition of presence of attributes of bankruptcy of the debtor
The size of the liabilities, including
is considered
The size of debts for the transferred goods executed works and
The rendered services, sum of the loan in view of percents subject to payment
By the debtor, except for the obligations to the citizens, before
With which the debtor bears responsibility for causing of harm to life and
To health, obligations on payment of the award, and also
The obligations to the founders (participants) of the debtor - legal
The persons following from such participation. Subjects to payment for default
Or inadequate performance of the liability of the penalty (penalties ,
fine ) it are not taken into account at definition of the size of the liabilities.
3. For definition of presence of attributes of bankruptcy of the debtor
The size of obligatory payments without the account
is considered
The Russian Federation, established by the legislations, of the penalties (fines ) and
Other financial (economic) sanctions.
4. Size of the liabilities under the requirements of the creditors
It is considered established, if it is confirmed entered in lawful
Force by the decision of court or documents showing of a recognition
By the debtor of these requirements, and also in other cases stipulated
By the present Federal law.
5. In cases, when the debtor challenges the requirements of the creditors,
The size of the liabilities and (or) obligatory payments
Is defined by arbitration court in the order stipulated by clause 63
The present Federal law.
Clause 5. Disposal of legal proceeding about bankruptcy
1. The businesses about bankruptcy are consider by arbitration court.
2. The business about bankruptcy can be exited by arbitration court,
If the requirements to the debtor - legal person in aggregate
Make not less than five hundred, and to the debtor - citizen - not less by than hundred
The minimal sizes of payment of work, if other is not stipulated
By the present Federal law.
Clause 6. the Right on the reference in arbitration court
1. Right on the reference in arbitration court with the application for a recognition
The debtor by the bankrupt in connection with default of the liabilities
Have the debtor, creditor and public prosecutor.
2. Right on the reference in arbitration court with the application for a recognition
The debtor by the bankrupt in connection with default of a duty on payment
Obligatory payments have the debtor, public prosecutor, tax and others
The representatives according to the federal law bodies (further -
Other authorized bodies).
3. The application for a recognition of the debtor by the bankrupt can be sent in
Arbitration court and other persons in cases stipulated hereby
By the federal law.
Clause 7. the Debtor
1. The debtor - legal person addresses in arbitration court with
By the application of the debtor for a recognition of the debtor by the bankrupt (further - application
The debtor) on the basis of the decision of a organization authorized in conformity
With the constituent documents of the debtor on acceptance of the decision about liquidation
The debtor, or decision of a organization authorized by the proprietor of property
The debtor - unitary enterprise, if other is not stipulated
By the present Federal law.
2. The debtor has the right to address to arbitration court with the application
The debtor in a prediction of bankruptcy at presence of circumstances, it is obvious
Showing about that he be unable to execute
The liabilities and (or) duty on payment obligatory
Payments when due hereunder.
3. The application of the debtor can be sent by the debtor in arbitration
Court at presence of property of the debtor, sufficient for a covering judicial
The charges, if other is not stipulated by the present Federal law.
Clause 8. a Duty on submission of the application of the debtor in arbitration court
1. Chief of the debtor or individual businessman
Is obliged to address with the application of the debtor to arbitration court in cases:
When satisfaction of the requirements of one creditor or several
The creditors results in impossibility of performance of the liabilities
The debtor in complete volume before other creditors;
When by a organization of the debtor, representative according to
By the constituent documents of the debtor on acceptance of the decision about liquidation
The debtor, the decision on the reference in arbitration court with the application
is accepted
The debtor;
When by a organization authorized proprietor of property of the debtor -
The unitary enterprise, the decision on the reference in arbitration court
is accepted
With the application of the debtor;
In other cases stipulated by the present Federal law.
In cases stipulated by the present item, application of the debtor
Moves by the debtor in arbitration court irrespective of presence
Circumstances stipulated by item 3 of clause of 7 present
The federal law.
2. Chief of the debtor, liquidating commission (liquidator)
Are obliged to address to arbitration court with the application of the debtor, if at
Realization of liquidation of the legal person the impossibility
is established
Satisfactions of the requirements of the creditors in complete volume.
3. The application of the debtor should be directed to arbitration court in
Cases stipulated by present clause, not later than one month with
The moment of occurrence of the appropriate circumstances.
Clause 9. the Responsibility of the chief of the debtor for
Default of a duty on submission of the application
The debtor in arbitration court
1. Non-presentation by the debtor of the application of the debtor in cases and term,
Which are stipulated by clause of 8 present Federal laws. Attracts
backing the responsibility of the chief of the debtor, members
Liquidating commission (liquidator) under the obligations of the debtor before
By the creditors who have arisen after expiry of the term, stipulated by item
3 clauses of 8 present Federal laws.
2. Chief of the debtor, members of a liquidating commission
(Liquidator) who has allowed infringement of the requirements of clause of 8 present
The federal law, the rights to occupy managing
can be deprived
Posts and (or) to carry out enterprise activity on
To management of the legal persons (are disqualified) for the term of and in
The order, which are established by the federal law.
3. In cases established by the federal law, chief
The debtor - physical person, and also individual businessman
Can be attracted in the criminal liability.
Clause 10. Fictitious bankruptcy and deliberate bankruptcy
1. If the application of the debtor is sent by the debtor in arbitration court at
Presence at the debtor of an opportunity to satisfy the requirements of the creditors in
Complete volume (fictitious bankruptcy), debtor who has submitted specified
The application, carries before the creditors the responsibility for damage,
Caused by submission of such application.
2. In case of bankruptcy of the debtor on fault of his founders
(Participants) or other persons, including on fault of the chief of the debtor,
Which have the right to give obligatory for the debtor of the instruction or
Have an opportunity otherwise to define his actions (deliberate
Bankruptcy), on the founders (participants) debtor - legal person
Or other persons in case of insufficiency of property of the debtor can be
Is assigned backing the responsibility under his obligations.
3. In cases stipulated by the federal law, chief
The debtor can be attracted in the criminal liability and (or)
Is disqualified.
Clause 11. the Creditors under the liabilities
1. Creditors under the liabilities (further creditors)
Are the Russian and foreign physical and legal persons, and
Also Russian Federation, subjects of Russian Federation,
Municipal formations .
2. Right on submission of the application of the creditor about a recognition of the debtor
The bankrupt (further - application of the creditor) have the persons recognized in
Conformity with the present Federal law by the competitive creditors.
By the right on submission of the application of the creditor in arbitration court from a name
The Russian Federation, subject of Russian Federation, municipal
The formations have the bodies, authorized to that, state
Authorities and bodies of local self-management.
3. To tax and other authorized bodies the norms about
are applied
The creditors, if other is not stipulated by the present Federal law.
4. At realization of procedures of bankruptcy interests of all creditors
Represent assembly of the creditors and committee of the creditors formed in
Conformity with the present Federal law. From the moment of acceptance
By arbitration court to manufacture of the application about a recognition of the debtor
By the bankrupt the creditors have no right to address to the debtor with the purposes of
Satisfactions of the requirements in the individual order.
All actions concerning the debtor on behalf of the creditors
Are carried out by assembly of the creditors and committee of the creditors.
Clause 12. Assembly of the creditors
1. The participants of assembly of the creditors with the right of a vote are
The competitive creditors, and in cases stipulated hereby
By the federal law, in a part of the requirements on obligatory payments
Tax and other authorized bodies. In assembly of the creditors
The representative of the workers of the debtor participates.
Organization and realization of assembly of the creditors are carried out
By the arbitration manager.
2. To the competence of assembly of the creditors concern:
1) Acceptance of the decision about introduction and prolongation of external management and
About the reference with the appropriate petition in arbitration court;
2) Acceptance of the decision about the conclusion of the world(global) agreement;
3) Acceptance of the decision about the reference in arbitration court with the petition
About a recognition of the debtor by the bankrupt and about opening of competitive manufacture;
4) Acceptance of the decision about election of the members of committee of the creditors,
Definition of quantitative structure of committee of the creditors and about preschedule
The discontinuance of powers of committee of the creditors;
5) Decision of other questions stipulated present Federal
By the law.
3. Competitive creditor, and in cases stipulated hereby
By the federal law, in a part of the requirements on obligatory payments
Tax and other authorized bodies have at assembly of the creditors
By number of votes proportional to the sum of the requirements competitive
The creditor, tax or other authorized organization to the debtor on
To the liabilities and (or) obligatory payments recognized in
Conformity with the present Federal law established on date
Realizations of assembly of the creditors.
4. If other is not stipulated by the present Federal law,
The assembly of the creditors is competent irrespective of number submitted on
him of votes of the competitive creditors provided that about time and place
The realizations of assembly of the creditors the competitive creditors were appropriate
By image are notified.
Clause 13. the Order of convocation of assembly of the creditors
1. The assembly of the creditors is convoked under the initiative arbitration
The manager, requirement of committee of the creditors, competitive creditors and
(Or) tax and other authorized bodies, which requirement on
To the liabilities and (or) obligatory payments make not
Less than one third of a total sum of the requirements which have been brought in to the register
The requirements of the creditors, or under the initiative of one third from number
The competitive creditors.
2. Assembly of the creditors on demand of committee of the creditors or
The competitive creditors is convoked by the arbitration manager in
Fortnight term from the moment of the reference of committee of the creditors or
The competitive creditors with the appropriate requirement to arbitration
To the manager.
3. The assembly of the creditors will be carried out in a place of a finding of the debtor,
If other is not established by assembly of the creditors or committee
The creditors.
Clause 14. the Order of acceptance of the decisions by assembly of the creditors
1. Decision of assembly of the creditors on questions put on
Voting, are accepted by the majority of votes from number of votes
The competitive creditors present at assembly of the creditors, if
Other is not stipulated by the present Federal law.
2. Majority of votes from COMMON number of votes competitive
The creditors the assembly of the creditors accepts the following decisions:
About introduction and prolongation of external management or about the reference in
Arbitration court with the petition for a recognition of the debtor by the bankrupt and about
Opening of competitive manufacture;
About the reference in arbitration court with the petition for discharge
The arbitration manager.
3. In case at assembly of the creditors called for the decision
Questions stipulated by item 2 of present clause, is not submitted
Necessary for acceptance of the specified decisions number of votes competitive
The creditors, the repeated assembly of the creditors, which
is convoked
Is competent to accept such decisions by the majority of votes from number
Votes of the competitive creditors present at assembly, at
Condition, that about time and place of realization of assembly of the creditors
The competitive creditors were properly notified.
Clause 15. the Register of the requirements of the creditors
1. The register of the requirements of the creditors conducts the arbitration manager.
2. In the register of the requirements of the creditors the items of information on everyone
are specified
The creditor, size of his requirements under the liabilities and (or)
To obligatory payments, about sequence of satisfaction everyone
The requirements.
3. Disagreements arising between the competitive creditors,
By tax and other authorized bodies and arbitration manager,
About structure, size and about sequence of satisfaction of the requirements on
To the liabilities and (or) obligatory payments are consider
By arbitration court in the order stipulated present Federal
By the law.
4. Disagreements arising between the representative of the workers
The debtor and arbitration manager, about structure and size of the requirements on
To payment of work and payment of the target severance pay to the persons working on labour
To the contracts agreement , are consider by arbitration court in the order,
Stipulated by the present Federal law.
Clause 16. Committee of the creditors
1. The committee of the creditors represents interests of the competitive creditors
Also carries out the control of actions of the external manager and
The competitive manager in the order stipulated hereby
By the federal law.
2. If quantity of the competitive creditors less than fifty,
By the decision of assembly of the creditors can be stipulated imposition
Functions of committee of the creditors on assembly of the creditors.
3. Committee of the creditors for realization assigned on it
Functions have the right:
To demand of external managing granting of the information about
Financial condition of the debtor and course of external management;
To demand of competitive managing granting of the information about
Course of competitive manufacture;
To appeal in arbitration court of action of the external manager and
The competitive manager in cases stipulated hereby
By the federal law.
4. The representatives
can be included in structure of committee of the creditors
The competitive creditors in quantity determined by assembly of the creditors,
But no more than eleven men.
5. The decisions of committee of the creditors are accepted by the majority of votes
From COMMON number of the members of committee of the creditors.
Clause 17. Election of committee of the creditors
1. The members of committee of the creditors are selected by assembly of the creditors on
The period of realization of external management and competitive manufacture.
Under the decision of assembly of the creditors of power of all members of committee
The creditors can be stopped preschedully. Such decision can be
It is accepted only concerning all members of committee of the creditors.
2. The elections of committee of the creditors are carried out cumulative
By voting.
The requirement of the creditor under the liabilities and (or)
To obligatory payments at a rate of ten minimal sizes of payment
Work gives to the creditor the right on number of votes equal to number of the members
Committee of the creditors, if other is not established by the decision of assembly
The creditors. The creditor has the right to give back votes, belonging to him, for one
The candidate or to distribute them between the several candidates in the members
Committee of the creditors.
Elected in structure of committee of the creditors the candidates,
are considered
Make up the greatest number of votes.
3. The members of committee of the creditors can from the structure select
The chairman of committee of the creditors.
If in committee of the creditors more than five members, chairman
Committee of the creditors is selected in the obligatory order.
Clause 18. the Interested persons
1. As the interested persons concerning the debtor admit:
The legal person, which is parent or affiliated on
To the attitude to the debtor according to the civil legislation
The Russian Federation;
The chief of the debtor, and also persons who are included in board of directors
(Supervisory council) of the debtor, joint executive organization
The debtor, chief accountant (bookkeeper) of the debtor, including
Released from the duties within one year up to the moment
Excitation of manufacture on business about bankruptcy.
The interested persons concerning the debtor are also
The persons who are taking place with the physical persons, listed in the present
Item, in the Attitudes determined by item 2 of present clause.
2. For the purposes of the present Federal law under interested
By the persons concerning the citizen are understood his spouse (wife),
The relatives on direct ascending and descending to lines, sister, brothers
And their relatives on a descending line, sister and brothers of the spouse
(Spouses).
3. In cases stipulated by the present Federal law,
The interested persons concerning the arbitration manager,
The creditors are defined in the order stipulated by items 1 and 2
Present clause.
Clause 19. the Arbitration managers
1. If other is not stipulated by the present Federal law,
Arbitration managing (temporary managing, external manager,
By the competitive manager) can be nominated by arbitration court
The physical person registered as individual
The businessmen having special knowledge and who are not being
By the interested person concerning the debtor and creditors.
2. The arbitration managers work on the basis of the license
The arbitration manager who is given out by a state organization
The Russian Federation on businesses about bankruptcy and financial improvement
( Further - state organization on businesses about bankruptcy and financial
To improvement) in the order established by the federal law and others
By the legal acts of Russian Federation, if other is not stipulated
By the present Federal law.
Response in the order, established by the federal law, of the license
Arbitration managing during realization arbitration
The manager of his powers is by the basis for discharge
By arbitration court arbitration managing from performance by him
Duties.
3. By the arbitration manager can not be nominated:
The persons who are carrying out earlier management by businesses of the debtor
The legal person, except for cases, when from the moment of discharge
The specified person from management of businesses of the debtor has passed not less than three
Years;
The persons, concerning which are available restrictions on realization
Activity on management of businesses and (or) property of other persons
( Disqualified persons);
The persons having a previous conviction.
4. Person who has received the license of the arbitration manager. Is obliged
To be registered as a minimum in one arbitration court, on assignment
Which it undertakes to execute duties arbitration
The manager.
The arbitration manager notifies on the registration
State organization on businesses about bankruptcy and financial
To improvement.
Clause 20. the Rights and duties of the arbitration managers
1. The arbitration manager has the right:
To convoke assembly of the creditors and committee of the creditors;
To address in arbitration court in cases stipulated hereby
By the federal law;
To receive compensation at a rate of and order, which
Are stipulated by the present Federal law;
To attract for maintenance of realization of the powers on
To contractual basis of other persons with payment of their activity from means
The debtor, if other is not established by the present Federal law or
By the agreement with the creditors;
To submit to arbitration court the application for the preschedule discontinuance
Performance of the duties.
2. The arbitration manager is obliged:
To arrange on protection of property of the debtor;
To analyze a financial condition of the debtor;
To analyze financial, economic and investment
Activity of the debtor, his rule in the commodity markets;
To consider the declared requirements of the creditors;
To carry out other functions established present Federal
By the law.
3. At realization of the rights and duties arbitration
The manager is obliged to work honesty and reasonably with the account
Interests of the debtor and his creditors.
Clause 21. the Responsibility of the arbitration manager
1. Default or inadequate performance of duties,
Assigned on the arbitration manager according to hereby
By the federal law, which has entailed the losses for the debtor or
The creditors, can be the basis for a response of the license arbitration
The manager. Other bases for a response of the license arbitration
The manager can be established by the federal law.
The decision of a state organization on businesses about bankruptcy and
To financial improvement about a response of the license of the arbitration manager
Can be appealed against in arbitration court.
2. Default or inadequate performance of duties,
Assigned on the arbitration manager according to hereby
By the federal law, at absence of consequences stipulated
By item 1 of present clause, can form the basis for discharge
By arbitration court arbitration managing from performance by him
Duties.
3. The debtor and his creditors has the right to require from arbitration
The managing indemnification caused by actions (inactivity)
The arbitration manager breaking the legislation Russian
Federations.
Clause 22. Compensation of the arbitration manager
1. Compensation of the arbitration manager for each month
Realization by him of the powers is established at a rate of,
Determined by assembly of the creditors and (or) confirmed arbitration
By court, if other is not established by the present Federal law.
By the federal laws and other legal acts Russian
The federations or in the order, can be determined by them established,
The maximal and minimal rates of commission arbitration
The managers.
The order of payment of compensation by the arbitration manager
Is defined by the legal acts of Russian Federation or in established
By them the order.
2. In cases stipulated by the federal laws and others
By the legal acts of Russian Federation, arbitration manager
The extra fee paid on is established
To results of his activity.
3. If other is not stipulated by the present Federal law or
By the agreement with the creditors, compensation to the persons attracted
By the arbitration manager for maintenance of the activity,
Is paid at the expense of property of the debtor.
4. The arbitration manager has the right to conclude the contract with
By the specialized fund at a state organization on businesses about
Bankruptcy and financial improvement guaranteeing reception
By the arbitration manager of the minimal compensation established in
Conformity with the present Federal law. Conditions and order
The conclusions of the specified contract are established by a state organization
On businesses about bankruptcy and financial improvement.
Clause 23. Procedures of bankruptcy
1. By consideration of business about bankruptcy of the debtor of the legal person
The following procedures of bankruptcy are applied:
Supervision;
External management;
Competitive manufacture;
The world(global) agreement;
Other procedures of bankruptcies stipulated present Federal
By the law.
2. By consideration of business about bankruptcy of the debtor - citizen
The following procedures of bankruptcy are applied:
Competitive manufacture;
The world(global) agreement;
Other procedures of bankruptcies stipulated present Federal
By the law.
Clause 24. the Announcement of the debtor of bankruptcy
At absence of objections of the creditors the debtor - legal person
Can announce about the bankruptcy and voluntary liquidation in
The order stipulated by the present Federal law.
Clause 25. a State organization on businesses about bankruptcy
And financial improvement
1. Realization of state politics under the prevention
Bankruptcies, and also maintenance of conditions of realization of procedures
Bankruptcies according to the present Federal law
Carries out a state organization on businesses about bankruptcy and
To financial improvement.
2. State organization on businesses about bankruptcy and financial
To improvement:
Asserts the requirements to the physical persons who are carrying out
Activity as the arbitration managers;
Will carry out licensing activity of the citizens in quality
The arbitration managers also are carried out with a response of the licenses arbitration
The managers;
Organizes system of preparation of the arbitration managers;
Provides realization of procedure of bankruptcy absent
The debtor;
Promotes creation organizational, economic and others
Conditions necessary for realization of procedures of bankruptcy;
The analysis ability to pay large, and also
keeps account also
Economically or socially significant of organizations, represents
The offers on financial improvement of the specified organizations in
Government of Russian Federation;
Prepares on inquiry of court of the general jurisdiction, arbitration
Court, прокуратуры or other authorized organization the conclusion about
Presence of attributes of fictitious bankruptcy or deliberate
Bankruptcies;
Issues within the limits of the competence established hereby
By the federal law, obligatory explanations on realization
Procedures of bankruptcy;
Carries out other powers given to him hereby
By the federal law, other federal laws and legal acts
The Russian Federation.
3. State organization on businesses about bankruptcy and financial
To improvement forms territorial bodies, which power
Are established within the limits of the competence of a state organization on
To businesses about bankruptcy and financial improvement.
4. State organization on businesses about bankruptcy and financial
To improvement have the right with the purposes of realization of Rules of the present
The federal law on maintenance of procedure of bankruptcy in the attitude
The absent debtor, and also with the purposes of creation additional
Guarantees of activity of the arbitration managers to create
The specialized fund. A rule about the specialized fund at
State organization on businesses about bankruptcy and financial
To improvement affirms by Government of Russian Federation.
the CHAPTER II. THE PREVENTION of BANKRUPTCY
Clause 26. Measures under the prevention of bankruptcy of organizations
1. Founders (participants) of the debtor - legal person,
The proprietor of property of the debtor - unitary enterprise, federal
Bodies of the executive authority, bodies of the executive authority of the subjects
The Russian Federation, bodies of local self-management are obliged to accept
Duly measures under the prevention of bankruptcy of organizations.
2. With the purposes of the prevention of bankruptcy of organizations the founders
(Participants) of the debtor - legal person, proprietor of property
The debtor - unitary enterprise up to the moment of submission in arbitration court
The applications for a recognition of the debtor by the bankrupt arrange, directed
On financial improvement of the debtor. Measures directed on financial
Improvement of the debtor, can be accepted by the creditors or other persons
On the basis of the agreement with the debtor.
3. The publication or disclosure otherwise
is not supposed
The items of information on bankruptcy of the debtor up to the moment of the publication of the decision
Arbitration court about a recognition of the debtor by the bankrupt.
The persons who have allowed infringement of the specified requirement, carry
The responsibility established by the federal law.
Clause 27. To court decision sanitation
1. Proprietor of property of the debtor - unitary enterprise,
By the founders (participants) of the debtor - legal person, creditors
The debtor - legal person and other persons within the framework of measures on
To the prevention of bankruptcy to the debtor can be given
The financial help at a rate of, sufficient for repayment money
The obligations both obligatory payments and restoration
ability to pay of the debtor (To court decision sanitation ).
2. Granting the financial help can be accompanied
By acceptance on itself by the debtor or other persons of the obligations for the benefit of
The persons who have given the financial help.
3. Condition of realization to court decision sanitation at the expense of federal
The budget and state over and above the budget of funds are established
By the federal law on the federal budget for the appropriate year and
By the federal laws on the budgets state over and above the budget of funds
For the appropriate year.
4. Condition of realization to court decision sanitation at the expense of the budgets
The subjects of Russian Federation, local budgets and appropriate
over and above the budget of funds are established by bodies of state authority
The subjects of Russian Federation and bodies of local self-management in
Conformity with federal and other laws.
the CHAPTER III. TRIAL of BUSINESSES About BANKRUPTCY
In ARBITRATION COURT
Clause 28. the Order of disposal of legal proceeding about bankruptcy
1. Business about bankruptcy of the legal persons and citizens, including
Registered as the individual businessmen,
Are consider by arbitration court by rules stipulated
By the arbitration remedial code of Russian Federation, with
By features established by the present Federal law.
2. Feature of disposal of legal proceeding about bankruptcy established
By the present chapter, are applied, if other is not stipulated by others
By the chapters of the present Federal law.
Clause 29. Within the jurisdiction and jurisdiction of businesses about bankruptcy
1. Business about bankruptcy of the legal persons and citizens, including
The individual businessmen, are consider with arbitration court on
To place of a finding of the debtor - legal person and on a residence
The citizen.
2. The application for a recognition of the debtor by the bankrupt is accepted
By arbitration court, if the requirements to the debtor - legal person in
The sets make not less than five hundred, and to the debtor to the citizen - not
Less than hundred minimal sizes of payment of work and specified requirements not
Are extinguished within three months, if other is not stipulated hereby
By the federal law.
3. The business about bankruptcy can not be transferred on consideration
Arbitration court.
Clause 30. the Persons participating in business about bankruptcy
The persons participating in business about bankruptcy, are:
The debtor;
The arbitration manager;
The competitive creditors;
Tax and other authorized bodies under the requirements on
To obligatory payments;
The public prosecutor in case of consideration of business about bankruptcy till him
To the application;
State organization on businesses about bankruptcy and financial
To improvement in cases stipulated by the present Federal law;
Other persons in cases stipulated present Federal
By the law.
Clause 31. the Persons participating in arbitration process on
To business about bankruptcy
In arbitration process on business about bankruptcy participate:
The representative of the workers of the debtor;
The representative of the proprietor of property of the debtor - unitary
The enterprises;
Other persons in cases stipulated Arbitration remedial
By the code of Russian Federation and present Federal law.
Clause 32. the Bases of excitation of manufacture on business about
Bankruptcy
1. Manufacture on business about bankruptcy is raised arbitration
By court on the basis of the application for a recognition of the debtor by the bankrupt sent
By the person having the right on the reference in arbitration court according to
By clause of 6 present Federal laws.
2. Application for a recognition of the debtor by the bankrupt in connection with
By default by him of a duty on payment of obligatory payments can
To be sent in arbitration court by the tax and other authorized body,
Including Pension fund of Russian Federation, Federal fund
Obligatory medical insurance, Fund of social insurance
The Russian Federation, State fund of employment of the population
The Russian Federation.
Clause 33. the Application of the debtor
1. The application of the debtor moves in arbitration court in written
To the form. The specified application subscribes accordingly by chief
The debtor - legal person or person, his replacing, or
By the debtor - citizen.
2. In the application of the debtor should be specified:
The name of arbitration court, in which moves specified
The application;
The sum of the requirements of the creditors under the liabilities at a rate of,
Which is not challenged by the debtor;
The sum of debts on compensation of harm caused to life and
To health, payment of work and payment of the target severance pay to the workers of the debtor,
The sum of compensation due to payment on the author's contracts;
The size of debts on obligatory payments;
Substantiation of impossibility to satisfy the requirements of the creditors in
Complete volume;
The items of information about accepted to manufacture by courts of the general jurisdiction,
By arbitration courts, arbitration courts the statements of claim to the debtor,
And also about executive and other documents presented to
Indisputable (without accent) write-off ;
The items of information on property, available at the debtor, including about
Money resources and notes payable of debts;
Numbers of the accounts of the debtor in banks and other credit organizations,
Post addresses of banks and other credit organizations;
The items of information on presence at the debtor of property, sufficient for
Coverings of the judicial charges on business about bankruptcy;
The list of the applied documents.
In the application of the debtor other items of information necessary for
are specified also
The correct sanction of business about bankruptcy, and also can contain
The petitions, available at the debtor.
3. In the application of the debtor - citizen the items of information about
are specified also
The obligations of the debtors who have been not connected with enterprise
By activity.
4. The debtor is obliged to direct copies of the application of the debtor to the creditors and
To other persons participating in business about bankruptcy.
Clause 34. the Documents applied to the application of the debtor
1. Besides the documents stipulated Arbitration remedial
By the code of Russian Federation, to the application of the debtor are applied
The documents confirming:
Presence of debts, and also inability of the debtor
To satisfy the requirements of the creditors in complete volume;
Other circumstances, on which the application of the debtor is based.
2. To the application of the debtor also are applied:
The list of the creditors and debtors of the applicant with decoding
Creditor and notes payable of debts and instruction of post addresses
The creditors and debtors of the applicant;
Accounting balance for last accounting date or replacing
its documents, documents on structure and cost of property
The debtor - citizen;
The decision of the proprietor of property of the debtor - unitary enterprise
Or founders (participants) of the debtor - legal person about the reference
The debtor in arbitration court with the application of the debtor, behind exception
Cases, when according to the present Federal law
The specified reference is obligatory;
The protocol of assembly of the workers of the debtor, on which is elected
The representative of the workers of the debtor for participation in arbitration process
On business about bankruptcy, if the specified assembly is carried out before submission
The applications of the debtor.
Clause 35. the Application of the creditor
1. The application of the creditor moves in arbitration court in written
To the form. The application of the creditor - legal person subscribes him
By the chief or representative, and application of the creditor - citizen -
By this citizen or his representative.
2. In the application of the creditor should be specified:
The name of arbitration court, in which moves the application
The creditor;
The name (surname, name, patronymic) debtor and his post
The address;
The name (surname, name, patronymic) creditor and his post
The address;
The size of the requirements of the creditor to the debtor with the instruction of the size
Subjects to payment of percents and penalties (penalties, fines );
The obligation of the debtor to the creditor, from which has arisen
The requirement, and also term of its performance ;
The proofs of validity of the requirements of the creditor, including
The decision, which has entered lawful force, of court, proof,
Confirming a recognition of the specified requirements by the debtor,
The executive inscription of the notary;
The proofs confirming bases of the application of the creditor;
The list applied to the application of the creditor of the documents.
In the application of the creditor other items of information necessary
are specified also
For the correct sanction of business about bankruptcy, and also can
To contain the petitions, available at the creditor.
3. The creditor is obliged to direct a copy of the application of the creditor to the debtor.
Clause 36. Association of the requirements of the creditors
1. The application of the creditor can be based on incorporated
Debts under the various obligations.
2. The creditors have the right to unit the requirements to the debtor and
To address to court with one application of the creditor. Such application
Subscribes by the creditors who have united the requirements.
Clause 37. the Documents applied to the application of the creditor
1. Besides the documents stipulated Arbitration remedial
By the code of Russian Federation, to the application of the creditor are applied
The documents confirming:
The obligations of the debtor to the creditor, and also presence and size
Debts under the specified obligations;
Other circumstances, on which the application of the creditor is based.
2. To the application of the creditor signed by the representative of the creditor,
The power of attorney confirming powers signed
is applied also
The specified application of the person on submission of such application.
3. To the application of the creditor at their presence also are applied
The following documents:
The decision of arbitration court, court of the general jurisdiction or arbitration
Court considering requirement of the creditor to the debtor;
The executive document (executive sheet, acceptance )
By the debtor the payment requirements, executive inscription of the notary and
Other) or proofs confirming a recognition by the debtor
The requirements of the creditor.
Clause 38. the Application of the creditor - Russian Federation,
The subject of Russian Federation,
Municipal formation
1. In cases, when by the creditor under the liabilities
Are Russian Federation, subject of Russian Federation,
The municipal formation , application of the creditor can be sent in
Arbitration court by the body, authorized to that, of state authority
Or organization of local self-management.
2. To the application of the creditor the documents on allotment
are applied
Organization addressed arbitration court, appropriate powers
In the order, established by the law.
3. Application of the creditor - Russian Federation, subject
The Russian Federation, municipal formation moves in
Arbitration court with observance of the requirements stipulated hereby
By the federal law concerning the application of the creditor, if other not
Is stipulated by the federal law or does not follow from an essence
правоотношений.
Clause 39. the Application of tax or other authorized organization
1. Application of tax or other authorized organization about
Recognition of the debtor by the bankrupt should meet the requirements,
Stipulated for the application of the creditor.
2. To the application of tax or other authorized organization about
Recognition of the debtor - legal person by the bankrupt should be enclosed
The proofs of acceptance of measures to reception of debts on obligatory
To payments in the order, established by the federal law.
Clause 40. the Application of the public prosecutor for a recognition of the debtor by the bankrupt
1. The public prosecutor has the right to address to arbitration court with the application
The public prosecutor about a recognition of the debtor by the bankrupt:
When he(it) finds out attributes of deliberate bankruptcy;
When the debtor has a debts on obligatory payments;
In interests of the creditor under the liabilities Russian
Federations, subject of Russian Federation, municipal formation ;
In other cases stipulated by the present Federal law and
By other federal laws.
2. The application of the public prosecutor for a recognition of the debtor by the bankrupt moves in
Arbitration court with observance of the requirements stipulated hereby
By the federal law concerning the application of the creditor, if other not
Is stipulated by the federal law or does not follow from an essence
правоотношений.
Clause 41. Acceptance of the application about a recognition of the debtor by the bankrupt
1. The judge of arbitration court is obliged to accept the application for a recognition
The debtor by the bankrupt sent with observance of the requirements stipulated
By the arbitration remedial code of Russian Federation and hereby
By the federal law.
2. About acceptance of the application about a recognition of the debtor by the bankrupt the judge
Arbitration court takes out definition not later than three days since day
Receipts of the specified application in arbitration court.
3. At introduction of supervision in definition of arbitration court about
Acceptance of the application about a recognition of the debtor the bankrupt underlines about
Assignment of the temporary manager. In the specified definition can be
Measures on maintenance of the requirements of the creditors also are specified.
If at acceptance of the application about a recognition of the debtor by the bankrupt
It is impossible to define a nominee of the arbitration manager,
The arbitration court takes out definition about assignment arbitration
The manager not later than ten days from the date of acceptance specified
The applications.
Clause 42. Refusal in acceptance of the application about a recognition
The debtor by the bankrupt
The judge of arbitration court refuses in acceptance of the application about
Recognition of the debtor the bankrupt, if breaks even one of conditions,
Clauses, stipulated by item 2, of 29 present Federal laws.
Clause 43. Returning of the application about a recognition of the debtor
By the bankrupt
1. Application for a recognition of the debtor by the bankrupt not appropriate
To the requirements stipulated by clauses 32-40 present Federal
The law, comes back by arbitration court.
2. In cases, when the reference in arbitration court with the application
The debtor for the chief of the debtor according to hereby
The federal law is obligatory and to the specified application not
The documents stipulated by clause of 34 present
are enclosed
The federal law, such application is accepted by arbitration court, and
The missing documents истребуются by preparation of business about bankruptcy to
To proceeding.
Clause 44. Measures on maintenance of the requirements of the creditors
1. Arbitration court under the application of the person participating in business about
Bankruptcy, have the right to arrange on maintenance of the requirements of the creditors
According to the Arbitration remedial code Russian
Federations.
2. Besides measures stipulated Arbitration remedial
By the code of Russian Federation, the arbitration court can forbid
To make without the consent of the arbitration manager of the bargain, not
Clauses, stipulated by item 2, of 58 present Federal laws,
To oblige the debtor to transfer valuable papers, currency values and other
Property of the debtor on a storage to the third persons and to accept other measures,
The safeties, directed on maintenance, of property of the debtor.
3. At realization of supervision under the petition of the person participating in
Business about bankruptcy, or petition of the temporary manager,
Containing the items of information about prevent by the chief of the debtor
To actions of the temporary manager, and also about fulfilment by the chief
The debtor of actions breaking right both interests of the debtor and creditors,
The arbitration court has the right to discharge the chief of the debtor of a post and
To assign performance of his duties to the temporary manager. About
Discharge of the chief of the debtor from a post the arbitration court takes out
The definition, which can be appealed against, including chief
The debtor.
4. The measures on maintenance of the requirements of the creditors work
Accordingly up to the moment of introduction of external management and assignment
The external manager, or up to the moment of acceptance by arbitration court
The decisions on a recognition of the debtor by the bankrupt and about opening competitive
Manufactures and assignment of the competitive manager, or up to the moment
The statements by arbitration court of the world(global) agreement, or up to the moment
Acceptance by arbitration court of the decision about Refusal in a recognition of the debtor
By the bankrupt.
5. The arbitration court has the right to cancel measures on maintenance of the requirements
The creditors before circumstances stipulated by item 4
Present clause.
Clause 45. a Response of the debtor on the application for a recognition
The debtor by the bankrupt
1. Debtor in of five days term from the date of reception of definition about
Acceptance of the application of the creditor, application tax or other
The authorized organization about a recognition of the debtor by the bankrupt or application
The public prosecutor about a recognition of the debtor by the bankrupt is obliged to direct in
Arbitration court, applicant and other persons participating in business about
Bankruptcy, a response on such application, and also to notify all
The creditors who have been not specified in this application, about excitation in the attitude
His businesses about bankruptcy. To a response of the debtor directed in arbitration
Court, the proofs of sending to the applicant and other
should be enclosed
To the persons participating in business about bankruptcy, copies of a response.
2. Besides the items of information stipulated Arbitration remedial
By the code of Russian Federation, in a response of the debtor it are specified:
Objections, available at the debtor, under the requirements of the applicant;
Total sum of debts of the debtor under the obligations before
By the creditors, payment of work of the workers of the debtor, obligatory payments;
The items of information on property, available at the debtor, including about
Money resources which are taking place on his accounts in banks and others
Credit organizations, number of the specified accounts in banks and others
Credit organizations and post addresses of banks and others credit
Organizations;
The proofs of satisfaction of the requirements of the applicant in case of them
Recognitions by the debtor.
3. The absence of a response of the debtor does not interfere with consideration of business about
Bankruptcy.
Clause 46. Preparation of business about bankruptcy to judicial
To trial
1. Preparation of business about bankruptcy to proceeding
Is made by the judge of arbitration court in the order stipulated
By the arbitration remedial code of Russian Federation.
2. At presence of objections of the debtor under the requirements of the creditors,
Tax and other authorized bodies the arbitration court checks
Validity of objections of the debtor.
3. Session of arbitration court on check of validity
Objections of the debtor will be carried out in time not later than one month up to
Target date of consideration of business about bankruptcy. Arbitration court
Informs on time of realization of the specified session of the debtor,
The temporary manager, and also creditor, tax or other
The authorized body, under which requirements are consider
Objections.
4. By results of consideration of validity of objections of the debtor
The arbitration court taken out definition.
In definition the size of the requirements of the creditor, tax
is underlined
Or other authorized body, concerning which objection
The debtor are recognized unreasonable.
The definition is the basis for an establishment of number of votes,
Belonging to the appropriate creditor at assembly of the creditors.
5. For definition of a financial condition of the debtor by preparation
Businesses about bankruptcy to proceeding, and also at
Consideration of business about bankruptcy the arbitration court has the right to nominate
Examination, including under the own initiative.
Clause 47. Term of consideration of business about bankruptcy
1. The business about bankruptcy should be considered in session
Arbitration court in time, not exceeding of three months since day
Receipts of the application about a recognition of the debtor by the bankrupt in arbitration
Court.
2. Consideration of business about bankruptcy in session of arbitration court
Can be postponed for the term of no more than two months.
Clause 48. Powers of arbitration court
By results of consideration of business about bankruptcy arbitration court
Accepts one of the following acts :
The decision on a recognition of the debtor by the bankrupt and about opening competitive
Manufactures;
The decision on Refusal in a recognition of the debtor by the bankrupt;
Definition about introduction of external management;
Definition about phase-out on business about bankruptcy.
Clause 49. the Decision on a recognition of the debtor by the bankrupt and about
Opening of competitive manufacture
1. Decision of arbitration court on a recognition of the debtor by the bankrupt and about
Opening of competitive manufacture is accepted in case of an establishment
Attributes of bankruptcy of the debtor stipulated by clause of 3 present
The federal law, at absence of the bases for introduction external
Managements.
2. In the decision of arbitration court on a recognition by the bankrupt of the debtor -
The legal person and about opening of competitive manufacture owe
To contain the instructions :
About a recognition of the debtor by the bankrupt;
About opening of competitive manufacture;
About assignment of the competitive manager.
3. In the decision of arbitration court on a recognition by the bankrupt of the debtor -
The individual businessman it is underlined about a recognition lost
Force of registration of the debtor in quality the court accepts one of the following
The acts :
The decision on a recognition of the debtor by the bankrupt and about opening competitive
Manufactures;
The decision on Refusal in a recognition of the debtor by the bankrupt;
Definition about introduction of external management;
Definition about phase-out on business about bankruptcy
The individual businessman.
4. Decision of arbitration court on a recognition of the debtor by the bankrupt and about
Opening of competitive manufacture is subject to immediate performance ,
If other is not established by arbitration court.
Clause 50. Publication by arbitration court of the message about
Recognition of the debtor by the bankrupt
The message on a recognition of the debtor by the bankrupt is published arbitration
By the court which has accepted the decision on a recognition of the debtor by the bankrupt and about opening
Competitive manufacture, in " the Bulletin of Maximum Arbitration court
The Russian Federation " and official publication of a state organization on
To businesses about bankruptcy and financial improvement at the expense of property
The debtor, and at absence at the debtor of means at the expense of means
The creditor who has addressed in arbitration court with the application for a recognition
The debtor by the bankrupt.
In the same order the message on a cancellation
is subject to publication
The decisions of arbitration court on a recognition of the debtor by the bankrupt.
Clause 51. the Decision of arbitration court on Refusal in
Recognition of the debtor by the bankrupt
1. Decision of arbitration court on Refusal in a recognition of the debtor
By the bankrupt is accepted in cases:
Absence of attributes of bankruptcy stipulated by clause 3
The present Federal law;
Satisfactions of the declared requirements of the creditors before acceptance
By arbitration court of the decision on business about bankruptcy;
Establishments of fictitious bankruptcy;
In other cases stipulated by the present Federal law.
2. If there are proofs obviously showing about
Presence at the debtor of sufficient liquid property, arbitration court
Have the right under the petition of the debtor to postpone consideration of business about
Bankruptcy, having offered the debtor to extinguish the requirements of the creditors in
The term, established by arbitration court which is not exceeding of terms,
Stipulated by clause of 47 present Federal laws.
Clause 52. Consequences of acceptance by arbitration court of the decision
About Refusal in a recognition of the debtor by the bankrupt
Acceptance by arbitration court of the decision about Refusal in a recognition of the debtor
The bankrupt is by the basis for cancellation of circumstances,
Being a consequence of acceptance of the application about a recognition of the debtor
By the bankrupt and (or) introduction of supervision.
Clause 53. the Bases of phase-out on business
About bankruptcy
The arbitration court stops manufacture on business about bankruptcy in
Cases:
Restoration ability to pay of the debtor during external
Managements;
The conclusions of the world(global) agreement.
Clause 54. Distribution of the judicial charges and charges on
Payment of compensation by the arbitration manager
1. All judicial charges, including the charges on state
To the duty, which payment was deferred or рассрочена, and also charges
On payment of compensation by the arbitration manager concern on
Property of the debtor also are compensated at the expense of this property priority.
By the world(global) agreement can be stipulated other order
Distributions of the specified charges.
2. In case of acceptance by arbitration court of the decision about Refusal in
Recognition of the debtor by the bankrupt in connection with absence of attributes
Bankruptcies of the debtor on the moment of excitation of business about bankruptcy the charges,
Stipulated by item 1 of present clause, concern on the creditors,
Addressed in arbitration court with the application of the creditor, and
Are distributed between them proportionally to their requirements.
3. Order of distribution of the judicial charges and charges on payment
Compensations by the arbitration manager is established in the decision
Arbitration court or definition of arbitration court accepted on
To results of consideration of business about bankruptcy.
Clause 55. Consideration of the applications arbitration
The managers and complaints of the creditors
1. Application of the arbitration managers, including about disagreements,
Arisen between them and creditors, and also complaint of the creditors about
Infringement of their rights and interests sent according to hereby
By the federal law during supervision, during external management or
During competitive manufacture, are consider in session
Arbitration court not later than in fortnight term from the date of reception
The specified applications and complaints.
By results of consideration of the specified applications and complaints
The arbitration court taken out definition.
2. In the order and terms, which are established by item 1 present
Clauses, are consider disagreements between the arbitration manager and
By the representative of the workers of the debtor in cases stipulated by item
4 clauses of 15 present Federal laws.
3. Definition of the arbitration court which has been not stipulated Arbitration
By the remedial code of Russian Federation, can be appealed against in
Cases stipulated by the present Federal law.
the CHAPTER IV. SUPERVISION
Clause 56. Introduction of supervision
From the moment of acceptance by arbitration court of the application about a recognition
The debtor the bankrupt enters supervision, if other is not stipulated
By the present Federal law.
Clause 57. Consequences of removal by arbitration court of definition
About acceptance of the application about a recognition of the debtor by the bankrupt
1. From the moment of removal by arbitration court of definition about acceptance
The applications for a recognition of the debtor by the bankrupt:
The property requirements to the debtor can be presented only
With observance about presentation of the requirements to the debtor,
Established by the present Federal law;
Under the petition of the creditor manufacture on
stops
To businesses connected to collecting from the debtor of money resources and other
Property of the debtor. The creditor has the right in this case to present
The requirements to the debtor in the order established present Federal
By the law;
The performance of the executive documents on
stops
To property collectings, except for performance executive
The documents given on the basis of the judicial decisions on collecting
Debts on wages, payment of compensations on author's
To the contracts, alimony, and also about compensation of harm caused to life and
To health, and moral harm which has entered lawful force up to the moment
Acceptance by arbitration court of the application about a recognition of the debtor by the bankrupt;
The satisfaction of the requirements of the participant of the debtor -
is forbidden
The legal person about выделе of a share (shares) in property of the debtor in connection with
By output from structure of his participants.
2. With the purposes of maintenance of action of measures stipulated by item 1
Present clause, definition of arbitration court about acceptance of the application about
Recognition of the debtor by the bankrupt is directed to banks and others credit
Organizations, with which the debtor has the contract of the bank account, and
Also in court of the general jurisdiction, main judicial police officer in a place
Finding of the debtor, in tax and other authorized bodies.
Clause 58. Consequences of introduction of supervision
1. The introduction of supervision is not the basis for discharge
The chief of the debtor and other bodies of management of the debtor, which
Continue to carry out the powers with restrictions,
By the established items 2 and 3 present clauses.
2. The bodies of management of the debtor can make extremely with
The consent of the temporary manager of the bargain:
Connected with transfer of immovable property to rent, pledge, with
By entering of the specified property as the contribution in stock capital
(warehouse) the capital of economic societies(communities) and companies or with
By the order by such property otherwise;
Connected with the order by other property of the debtor, balance
Which cost makes more than 10 percents of balance cost
Actives of the debtor;
Connected with reception and distribution of the loans (credits), distribution
The guarantees and guarantees, concession of the rights of the requirements, translation of the debt, and
Also with establishment of confidential management of property of the debtor.
3. The bodies of management of the debtor have no right to accept the decisions:
About reorganization (merge, connection, division, allocation,
Transformation) and liquidation of the debtor;
About creation of the legal persons or about participation in others legal
The persons;
About creation of branches and representations;
About payment of the dividends;
About accommodation by the debtor of the bonds and others emissions of valuable papers;
About an output from structure of the participants of the debtor - legal person,
Purchase at the shareholders before the issued shares .
The decision on participation in associations, unions, shell companies,
Financial and industrial groups and other associations of the legal persons
It can be accepted by bodies of management of the debtor with the consent of temporary
The manager.
4. The arbitration court has the right to discharge the chief of the debtor from
The posts in case by the chief of the debtor are not accepted
Necessary measures on maintenance of safety of property of the debtor,
Are obstructed to the temporary manager at performance him
Duties or other infringements of the requirements
are supposed
The legislations of Russian Federation. In these cases performance
Duties of the chief of the debtor is assigned on temporary
The manager.
5. From the moment of introduction of supervision arrests of property of the debtor and others
Restrictions of the debtor under the order by property, belonging to him,
Can be imposed extremely within the framework of process about bankruptcy.
Clause 59. the Temporary manager
1. The temporary manager is nominated as arbitration court from number
Nominees offered by the creditors, and at absence specified
The offers from among the persons registered in arbitration court in
Quality of the arbitration managers. At absence of the specified persons
The nominee of the temporary manager is offered state
By organization on businesses about bankruptcy and financial improvement on inquiry
Arbitration court in week term from the moment of reception specified
Inquiry.
2. The temporary manager works from the moment of his assignment
By arbitration court and before introduction of external management and assignment
The external manager, or before acceptance by arbitration court of the decision about
Recognition of the debtor by the bankrupt and about opening of competitive manufacture and
Assignment of the competitive manager, or up to the statement arbitration
By court of the world(global) agreement, or before acceptance by arbitration court of the decision
About Refusal in a recognition of the debtor by the bankrupt.
3. In case of temporary inability of the temporary manager
To execute the duties, assigned to him, arbitration court have the right
To nominate the assistant of the temporary manager.
4. The temporary manager has the right to address to arbitration court with
By the petition for clearing him from performance of duties temporary
The manager at presence of the valid reasons.
In case of satisfaction of the petition of the temporary manager about
Clearing him from performance of duties of the temporary manager
The arbitration court nominates the new temporary manager. Up to
Assignment of the new temporary manager the temporary manager
Continues to execute the duties.
Clause 60. the Rights of the temporary manager
1. The temporary manager has the right:
To show in arbitration court on its own behalf requirements about
Recognition of the void bargains, and also about application of consequences
Invalidity of the insignificant bargains made or executed
By the debtor with infringement of the requirements established present Federal
By the law;
To address in arbitration court with the petition for acceptance
Additional measures on maintenance of safety of property of the debtor, in
Volume number about an interdiction to make without the consent of the temporary manager
The bargains which have been not stipulated by item 2 of clause 58 present Federal
The law, about transfer of valuable papers, currency values and other property
On a storage to the third persons, and also about a cancellation of such measures;
To address in arbitration court with the petition for discharge
The chief of the debtor from a post;
To receive any information and documents concerning activity
The debtor;
To carry out other powers established present Federal
By the law.
2. The bodies of management of the debtor are obliged to give temporary
Managing on his requirement any information concerning
Activity of the debtor.
Clause 61. Duties of the temporary manager
1. The temporary manager is obliged:
To arrange on maintenance of safety of property of the debtor;
To carry out the analysis of a financial condition of the debtor;
To define presence of attributes of fictitious bankruptcy and
Deliberate bankruptcy;
To establish the creditors of the debtor and to define the sizes them
The requirements to notify the creditors on excitation of business about bankruptcy;
To convoke the first assembly of the creditors.
2. Upon termination of supervision the temporary manager represents in
Arbitration court the report on the activity, item of information about financial
Condition of the debtor and offer on an opportunity or impossibility
Restoration ability to pay of the debtor.
Clause 62. the Analysis of a financial condition of the debtor
1. The analysis of a financial condition of the debtor will be carried out with the purposes of
Definitions of sufficiency of property, belonging to the debtor, for
Coverings of the judicial charges, charges on payment of compensation
By the arbitration manager, and also opportunity or impossibility
Restoration ability to pay of the debtor.
2. If as a result of the analysis of a financial condition of the debtor
The insufficiency of property, belonging to the debtor, for
is established
The coverings of the judicial charges, creditors have the right to accept the decision about
Introduction of external management only at definition of sources
Coverings of the judicial charges.
If the creditors do not determine a source of a covering judicial
The charges which have voted for the decision on introduction of external management
The creditors carry a solidary duty on a covering of the specified charges.
Clause 63. an Establishment of the size of the requirements of the creditors
1. For the purposes of participation in the first assembly of the creditors the creditors
Have the right to present the requirements to the debtor in a month's time from the moment of
Receptions of the notice of the temporary manager about acceptance arbitration
By court of the application about a recognition of the debtor by the bankrupt. The specified requirements
Are directed to arbitration court and debtor, except for cases,
When according to the present Federal law of the requirement
The creditors admit established. The requirements of the creditors,
Recognized according to the present Federal law
Established, are directed to the temporary manager with the appendix
The documents allowing to define specified requirement as
Established.
2. Objection under the requirements of the creditors who are not recognized in
Conformity with the present Federal law established, can
To be submitted by the debtor in arbitration court, creditor, and also
To the temporary manager in week term from the moment of reception
The appropriate requirements.
3. The requirement of the creditor, on which by the debtor are not submitted
Objections in time, stipulated by item 2 of present clause,
Admits established at a rate of, declared as the creditor.
4. The requirements of the creditors, till which debtor are submitted
The objections, are consider by arbitration court in the order,
Stipulated by clause of 46 present Federal laws.
Clause 64. Convocation of the first assembly of the creditors .
1. The temporary manager defines date of realization first
Assemblies of the creditors also notifies on it of all revealed creditors.
The first assembly of the creditors should be held in time not later to than ten
Days before date of realization of session of arbitration court established in
Definition of arbitration court about acceptance of the application about a recognition
The debtor by the bankrupt.
2. Participants of the first assembly of the creditors with the right of a vote
Are the competitive creditors, and also tax and other representatives
Bodies:
Which requirements according to the present Federal law
Are recognized established and are directed to the temporary manager;
The size of which requirements is established by arbitration court in connection with
By objections of the debtor under the requirements of the creditors before realization first
Assemblies of the creditors.
3. In the first assembly of the creditors take part without the right
Votes temporary managing, chief of the debtor and representative
The workers of the debtor.
Clause 65. Questions consider by the first assembly of the creditors
1. To the competence of the first assembly of the creditors concern:
1) Acceptance of the decision about introduction of external management and about the reference
In arbitration court with the appropriate petition;
2) Acceptance of the decision about the reference in arbitration court with the petition
About a recognition of the debtor by the bankrupt and about opening of competitive manufacture;
3) Definition of quantitative structure of committee of the creditors,
Election of his members;
4) Decision of other questions stipulated present Federal
By the law.
2. The protocol of the first assembly of the creditors is represented temporary
By the manager in arbitration court not later than in week term from the date of
Realizations of the first assembly of the creditors.
Clause 66. the Decision of the first assembly of the creditors about
Introduction of external management
The decision of the first assembly of the creditors on introduction external
The managements should be contained with offered term of external management and
Nominee of the external manager, and also item of information on him.
Clause 67. the Ending of supervision
1. Arbitration court on the basis of the decision of the first assembly
The creditors, if other is not established by present clause, accepts
The decision on a recognition of the debtor by the bankrupt and about opening competitive
Manufactures, or are taken out with definition about introduction of external management,
Or Asserts the world(global) agreement.
2. If by the first assembly of the creditors the decision on introduction
is not accepted
External management or decision on the conclusion of the world(global) agreement or
Any of the specified decisions of the first assembly of the creditors not
Is submitted in arbitration court in time, established by item 2 of clause
65 present Federal laws, arbitration court at presence
Attributes of bankruptcy makes a decision on a recognition of the debtor by the bankrupt
And about opening of competitive manufacture, if other is not stipulated
By present clause.
3. If by the first assembly of the creditors the decision on the reference
is accepted
In arbitration court with the petition for a recognition of the debtor by the bankrupt and about
Opening of competitive manufacture or in arbitration court not
Is submitted of any decision of the first assembly of the creditors,
The arbitration court has the right to take out definition about introduction external
Managements in cases:
If there are sufficient bases to believe, that the decision first
Assemblies of the creditors about the reference in arbitration court with the petition about
Recognition of the debtor by the bankrupt and about opening of competitive manufacture
It is accepted to the detriment of the majority of the creditors and is established real
Opportunity of restoration ability to pay of the debtor;
If after realization of the first assembly of the creditors have appeared
Circumstances giving sufficient bases to believe, that
ability to pay of the debtor can be restored;
In other cases stipulated by the present Federal law.
4. From the moment of a recognition by arbitration court of the debtor by the bankrupt and
Opening of competitive manufacture, or introduction of external management,
Or statement of the world(global) agreement the supervision stops.
The temporary manager continues to execute the duties up to
The moment of assignment of the external managing or competitive manager.
the CHAPTER V. EXTERNAL MANAGEMENT
Clause 68. the Order of introduction of external management
1. The external management is entered by arbitration court on the basis
The decisions of assembly of the creditors, except for cases stipulated
By the present Federal law.
2. Definition of arbitration court about introduction of external management
Is subject to immediate performance .
3. Definition of arbitration court about introduction of external management
Can be appealed against.
4. The external management is entered for the term of no more to than twelve
Months, which can be prolonged no more than to six months,
If other is not stipulated by the present Federal law.
5. Under the petition of assembly of the creditors or external manager
The target date of external management can be reduced or is prolonged
By arbitration court within the limits of terms established by item 4 present
Clauses.
Clause 69. Consequences of introduction of external management
From the moment of introduction of external management:
The chief of the debtor is discharged of a post, management
By businesses of the debtor is assigned to the external manager;
The powers of bodies of management of the debtor and
stop
The proprietor of property of the debtor - unitary enterprise, power
The chief of the debtor and other bodies of management of the debtor pass to
To the external manager, except for powers passing in
Conformity with the present Federal law to other persons (bodies).
Bodies of management of the debtor within three days from the moment of assignment
The external manager are obliged to ensure transfer accounting and other
The documentation of the legal person, seales and stamps, material and others
Values to the external manager;
The earlier accepted measures on maintenance of the requirements
are removed
The creditors;
Arrests of property of the debtor and other restrictions of the debtor on
To the order by property, belonging to him, can be imposed
Extremely within the framework of process about bankruptcy;
The moratorium on satisfaction of the requirements of the creditors on
is entered
To the liabilities and obligatory payments of the debtor, for
By exception of cases stipulated by the present Federal law.
Upon termination of external management of the penalty (penalties, fine ), and
Also sums of the caused losses, which the debtor is obliged to pay
To the creditors under the liabilities and obligatory payments, can
To be presented to payment in the sizes existing on the moment
Introductions of external management.
Clause 70. the Moratorium on satisfaction of the requirements of the creditors
1. Moratorium on satisfaction of the requirements of the creditors
Is distributed to the liabilities and obligatory payments,
Terms of which performance have come before introduction of external management.
2. During validity of the moratorium on satisfaction
The requirements of the creditors under the liabilities and obligatory
To payments stipulated item 1 of present clause:
The collecting under executive and other documents,
is not supposed
The collecting on which is made in indisputable ( without acceptance) the order;
The performance of the executive documents on
stops
To property collectings, except for performance executive
The documents given on the basis of the decisions on collecting to debts on
To wages, payment of compensations under the author's contracts,
The alimony, and also about compensation of harm caused to life and health,
And moral harm which has entered lawful force up to the moment of acceptance
By arbitration court of the application about a recognition of the debtor by the bankrupt;
The penalties (penalties, fine ) and others financial
are not charged
(Economic) sanctions for default or inadequate performance
The liabilities and obligatory payments, and also subjects
To payment percents .
For the sum of the requirements of the creditor under the liabilities and (or)
To obligatory payments at a rate of, established according to
By clause of 4 present Federal laws, on the moment of introduction external
The managements are charged percents in the order and size, which
Are stipulated by clause of 395 Civil codes of Russian Federation.
3. Moratorium on satisfaction of the requirements of the creditors
Is distributed also to the requirements of the creditors about the indemnification,
Caused by Refusal external managing from performance of the contracts
The debtor.
4. Rules stipulated by items 2 and 3 present clauses, not
Are applied to the liabilities and obligatory payments, term
Which performance has come after introduction of external management.
5. Moratorium on satisfaction of the requirements of the creditors not
Is distributed to the requirements about collecting debts on wage
To payment, payment of compensations under the author's contracts, alimony, and
Also about compensation of harm caused to life and health.
Clause 71. the Order of representation of a nominee external
The manager
1. Assembly of the creditors accepted decision on introduction external
Managements, Asserts a nominee of the external manager.
2. The nominee of the external manager can be offered
To assembly of the creditors by any of the competitive creditors, tax or other
By the authorized body, debtor or proprietor of property of the debtor
- Unitary enterprise.
3. Offered it is considered to arbitration court for assignment
The nominee which has received the greatest number of votes of the creditors in
Conformity with the order of acceptance of the decisions by assembly of the creditors,
Stipulated by clause of 14 present Federal laws.
4. In a case, when the external management is entered by arbitration court
At absence of the decision of the first assembly of the creditors about introduction external
The managements, assembly of the creditors have the right to consider, to ratify and
To present arbitration court a nominee of the external manager in
Fortnight term from the moment of removal by arbitration court of definition about
Introduction of external management.
5. In a case, when by assembly of the creditors is not submitted to any
Nominees of the external manager, the arbitration court nominates external
The manager under the offer of other persons participating in business about
Bankruptcy, or from among the persons registered in arbitration court in
Quality of the arbitration managers.
In a case, when is not submitted of any nominee external
The manager also is not present an opportunity to nominate the external manager from
Numbers of the persons registered in arbitration court in quality
The arbitration managers, the arbitration court nominates external
The manager from among nominees offered by a state organization
On businesses about bankruptcy and financial improvement.
6. As a nominee of the external manager can
To be consider the person who is carrying out powers temporary
The manager.
Clause 72. Assignment of the external manager
1. The external manager is nominated as arbitration court simultaneously
With introduction of external management.
2. At absence of an opportunity to nominate the external manager
Simultaneously with introduction of external management the arbitration court nominates
External managing in a month's time from the moment of introduction external
Managements.
About assignment of the external manager the arbitration court takes out
Definition.
Before assignment of external his managing power are carried out
By the temporary manager.
3. The definition about assignment of the external manager is subject
To immediate performance .
4. The definition about assignment of the external manager can be
Is appealed against.
Clause 73. Clearing of the external manager
1. The external manager can be released by arbitration court from
Performance of duties of the external manager:
Under the application of the external manager for clearing him from
Performance of duties of the external manager;
On the basis of the decision of assembly of the creditors in case of default
Or inadequate performance assigned on the external manager
Duties. The decision of assembly of the creditors in this case owes
To contain the items of information on a nominee of the new external manager;
In case of revealing circumstances interfering assignment
The persons by the external manager;
In other cases stipulated by the present Federal law.
2. Definition of arbitration court about clearing external
Managing from performance of duties of the external manager is subject
To immediate performance .
3. Definition of arbitration court about clearing external
Managing from performance of duties of the external manager can
To be appealed against.
Clause 74. the Rights and duties of the external manager
1. The external manager has the right:
Independently to dispose of property of the debtor with restrictions,
Stipulated by the present Federal law;
To conclude on behalf of the debtor the world(global) agreement;
To declare Refusal of performance of the contracts of the debtor.
2. The external manager is obliged:
To accept in conducting property of the debtor and to carry out it
Inventory;
To open the special account for realization of external management and
Accounts with the creditors;
To develop and to present on the statement assembly of the creditors the plan
External management;
Messages the accounting, financial, statistical account and
The reporting;
To declare when due hereunder objections on presented to
To the debtor to the requirements of the creditors;
To arrange on collecting debts before the debtor;
To consider the requirements of the creditors;
To conduct the register of the requirements of the creditors;
To present assembly of the creditors the report on results of realization of the plan
External management;
To carry out other powers stipulated hereby
By the federal law.
Clause 75. an Establishment of the size of the requirements of the creditors
1. The creditors have the right to present the requirements to the debtor in anyone
The moment during external management. The specified requirements are directed
External managing on the post address of the debtor. The requirements
The creditors recognized according to present Federal
By the law established, are directed to the external manager with
By the appendix of the documents allowing to define specified requirement
As established.
2. The external manager considers the presented requirements
The creditors and by results of their consideration brings in appropriate
Record in the register of the requirements of the creditors not later than in two weeks
After reception of the appropriate requirement. About results
Considerations of the requirement of the creditor the external manager notifies
The appropriate creditor in time, not exceeding of one month with
The moment of reception of the specified requirement.
3. Objection by results of consideration by the external manager
The requirements of the creditors can be declared by the creditor in arbitration
Court considering business about bankruptcy, in a month's time from the moment of them
Receptions.
4. The requirements of the creditors, on which is not declared of objections in
Term stipulated by item 3 of present clause, are considered
Established at a rate of, structure and sequence of satisfaction,
Which are established by the external manager.
5. The requirements of the creditors, on which are declared objections,
Are consider by arbitration court in the order stipulated by clause
46 present Federal laws.
Clause 76. the Order by property of the debtor
1. The external manager has the right independently to dispose
By property of the debtor. The proprietor of property of the debtor or bodies
The managements of the debtor have no right to accept the decisions or otherwise
To limit powers of the external manager under the order
By property of the debtor.
2. The large bargains and bargains, in which fulfilment is present
Interest, consist by the external manager only from the consent
Assemblies of the creditors or committee of the creditors, if other not
Is stipulated by the present Federal law or plan external
Managements.
3. The bargains attracting the order
concern to the large bargains
By immovable property or other property of the debtor. Balance
Which cost exceeds 20 percents of balance cost of actives
The debtor on the moment of the conclusion of the bargain.
4. The bargains, in which fulfilment are present interest,
The bargains admit, which party are the interested persons in
The attitude of the external managing or competitive creditor.
Clause 77. Refusal of performance of the contract of the debtor
1. External managing in three-monthly term from the moment of introduction
External management have the right to refuse performance of the contracts
The debtor.
2. The Refusal of performance of the contracts of the debtor can be declared
Only concerning the contracts which have been not executed by the parties completely or
Partially, at presence of one of the following circumstances:
If the performance of the contract of the debtor will entail the losses for the debtor on
To comparison with the similar contracts concluded at comparable
Circumstances;
If the contract is long-term (is made for the term of more one
Year) or is designed for reception of positive results for
The debtor only in long-term prospect;
If there are other circumstances interfering restoration
ability to pay of the debtor.
3. The contractor of the debtor has the right to require of the debtor of compensation
Real damage caused by Refusal of performance of the contract of the debtor.
4. The Rules stipulated by present clause, are not applied in
The attitude of the contracts of the debtors made during supervision from the consent
The arbitration manager. The cancellation of such contracts is made on
To the bases and in the order, which are stipulated by the Civil code
The Russian Federation.
Clause 78. Invalidity of the bargains of the debtor
1. Bargain of the debtor, including accomplished by the debtor up to the moment
Introductions of external management, can be recognized by arbitration court
Void under the application of the external manager for the bases,
By the stipulated civil legislation of Russian Federation.
2. Bargain of the debtor accomplished by the debtor with interested
By the person, can be recognized by arbitration court void on
To the application external managing in case as a result of performance
The specified bargain to the creditors were or the losses can be caused.
3. Bargain of the debtor made or accomplished by the debtor with
By the separate creditor or other person after acceptance by arbitration court
The applications for a recognition of the debtor by the bankrupt and (or) during six
Months, forego to submission of the application about a recognition of the debtor
By the bankrupt, can be recognized void under the application external
The manager or creditor, if the specified bargain attracts
Preferable satisfaction of the requirements of one creditors before
By other creditors.
4. Bargain of the debtor accomplished by the debtor - by the legal person
After excitation of business about bankruptcy or within six months,
forego to submission of the application about a recognition of the debtor by the bankrupt,
Connected with payment apportion of a share (share) in property of the debtor
To the participant of the debtor in connection with his output from structure of the participants
The debtor, under the application of the external manager or creditor admits
Void, and all received on such bargain comes back
To the debtor.
In this case participant of the debtor admits as the creditor by fifth
Turns.
Clause 79. the Liabilities of the debtor in a course
External management
In cases, when the size of the liabilities of the debtors who have arisen
After introduction of external management, exceeds 20 percents of the sum
The requirements of the creditors according to the register of the requirements of the creditors,
The bargains attracting new liabilities of the debtor, behind exception
Stipulated by the plan of external management, can be made external
By the manager only with the consent of assembly of the creditors or committee
The creditors.
Clause 80. Regulation of funds of consumption of the debtor
The decisions attracting increase of the charges of the debtor on consumption, in
Volume number on payment of work of the workers of the debtor, can be accepted
By the external manager only with the consent of assembly of the creditors or committee
The creditors, except for cases stipulated federal
By the law.
Clause 81. of Power of committee of the creditors
The committee of the creditors has the right to accept the decisions:
About convocation of assembly of the creditors;
About the recommendation to assembly of the creditors to exempt external
Managing from performance of duties of the external manager;
About the statement or Refusal in the statement of the large bargains of the debtor and
The bargains of the debtor, in which fulfilment there is an interest;
About representation to arbitration court of a nominee of the assistant
The external manager.
Clause 82. the Plan of external management
1. Not later than one month from the moment of the assignment external
The manager should develop the plan of external management, which
It is represented on the statement to assembly of the creditors.
The plan of external management should provide measures on
To restoration ability to pay of the debtor.
Ability to pay of the debtor admits restored at
Absence of attributes of bankruptcy established by clause of 3 present
The federal law.
2. The plan of external management should provide term
Restoration ability to pay of the debtor.
3. External manager on demand of committee of the creditors or
Assemblies of the creditors reports before the creditors about a course external
Managements.
Clause 83. Consideration of the plan of external management
1. The plan of external management is consider by assembly of the creditors,
Which is convoked by the external manager not later than in two months
From the moment of introduction of external management. The external manager in writing
Notifies all creditors on date and place of realization specified
The assemblies also are provided with access to the plan external
Managements not less than two weeks prior to date of realization specified
Assemblies.
2. The participants of assembly of the creditors with the right of a vote are
The competitive creditors.
In assembly of the creditors have the right to take part without the right
Votes the external manager and representative of the workers of the debtor.
3. The plan of external management is considered authorized, if for him
Has voted more than half of votes from number of votes competitive
The creditors present at assembly of the creditors.
4. The assembly of the creditors has the right to accept one of the following decisions:
The decision on the statement of the plan of external management;
The decision on a deviation of the plan of external management and reference in
Arbitration court with the petition for a recognition of the debtor by the bankrupt and about
Opening of competitive manufacture;
The decision on a deviation of the plan of external management, discharge
The external manager with the simultaneous statement of a nominee new
The external manager and reference with the appropriate petition in
Arbitration court. The specified decision should provide term of convocation
The following assembly of the creditors for consideration of the new plan external
Managements, thus term of convocation of assembly of the creditors can not
To exceed one month from the date of removal of the specified decision by assembly
The creditors.
Authorized by assembly of the creditors the plan of external management and
The protocol of assembly of the creditors it are represented to arbitration court external
By the manager not later than five days from the date of realization of assembly
The creditors.
6. In case within six months from the moment of introduction
External management the plan external
is not submitted to arbitration court
The managements, arbitration court have the right to accept the decision on a recognition
The debtor by the bankrupt and about opening of competitive manufacture.
Clause 84. Prolongation of term of external management
In a case, when by assembly of the creditors the decision about
is accepted
The statement of the plan of external management, in which term
is stipulated
External management exceeding originally established,
The arbitration court prolongs term of external management, if are available
The sufficient bases to believe, that prolongation of term external
Managements or realization of the authorized plan of external management
Will result in restoration ability to pay of the debtor.
Clause 85. Measures on restoration ability to pay of the debtor
Measures on restoration ability to pay of the debtor can be:
перепрофилирование of manufacture;
Closing of unprofitable manufactures;
Liquidation notes payable of debts;
Sale of a part of property of the debtor;
Concession of the rights of the requirement of the debtor;
Performance of the obligations of the debtor by the proprietor of property of the debtor
- Unitary enterprise or third person (third persons);
Sale of the enterprise (business) of the debtor;
Different ways of restoration ability to pay of the debtor.
Clause 86. Sale of the enterprise (business) debtor,
1. With the purposes of satisfaction of the requirements of the creditors the plan external
Managements can provide sale of the enterprise (business)
The debtor (further - enterprise).
At sale of the enterprise all kinds of property,
are alienated
Intended for realization of enterprise activity
The debtor, including the ground areas, building, structures, equipment,
Stock, raw material, production, right of the requirement, and also right on
Designations, ascertain of the debtor, his production, work and
Services (company name, trade marks, service marks),
Other exclusive rights belonging to the debtor, behind exception
The rights and duties, which can not be transferred to other persons.
In a case, when the basic kind of activity of the debtor is carried out
Only on the basis of the sanction (license), buyer of the enterprise
Gets the right of priority to reception of the specified sanction
(Licenses).
At sale of the enterprise which is carried out according to
By present clause, liabilities and obligatory payments
The debtor for date of acceptance by arbitration court of the application about a recognition
The debtor by the bankrupt are not included in structure of the enterprise.
2. At sale of the enterprise all labour contracts agreement ,
The sales, working on the moment, of the enterprise, are valid, thus
The rights and the duties of the employer pass to the buyer of the enterprise.
3. The sum obtained from sale of the enterprise, is included in structure
Property of the debtor.
4. The sale of the enterprise is made by realization open
Tenders, if other is not stipulated by the plan of external management. External
The manager represents itself as the organizer of tenders or attracts
For these purposes the specialized organization with payment of services
By last at the expense of property of the debtor.
The external manager is obliged to publish the announcement of sale
The enterprises on open tenders in the official publication state
Organization on businesses about bankruptcy and financial improvement not less than
Thirty days prior to date of tendering.
In the announcement of sale of the enterprise should contain:
The items of information on the enterprise and order of acquaintance with it, limiting
Terms of submission of the applications on purchase of the enterprise, which can not be
Less than two weeks and more than one month from the date of
are valid
Publications of the specified announcement;
Time, place and form of tendering;
The order of registration of participation in tenders;
The initial price of the enterprise established by committee of the creditors
Or assembly of the creditors;
The size of the deposit, terms and order of entering of the deposit;
Criterion of revealing of the winners of tenders;
The order of registration of results of tenders;
The items of information on the organizer of tenders.
5. In case in specified in the announcement of sale of the enterprise
Terms the application for purchase of the enterprise from one participant, is received
The tenders on sale of the enterprise will not be carried out . At presence of the consent
Committee of the creditors or assembly of the creditors the enterprise can be
Is sold without realization of repeated tenders.
6. The tenders will be carried out in the form of auction, except for cases,
Established by the present Federal law.
In case by virtue of the present Federal law tenders
Will be carried out in the form of competition, the conditions of competition are subject to approval
By committee of the creditors or assembly of the creditors.
7. Person being the winner of auction, and organizer open
Tenders per day of realization of auction sign the protocol. Valid
The contracts.
In case the tenders were carried out in the form of competition, on the basis
The protocol signed by the winner of competition and the organizer of tenders in
Day of realization of competition, not later than 20 days from the date of realization
Competition the contract of sale and purchase of the enterprise subscribes.
8. Sum of the deposit lost by the person, gained tenders, in connection with
By his Refusal of signing the protocol or contract of sale and purchase
The enterprises, is included in structure of property of the debtor behind a deduction
Costs of the organizer of tenders on their realization.
9. In cases, when at the expense of obtained from sale of the enterprise
The sums the debtor has an opportunity to satisfy the requirements of the creditors in
Complete volume, manufacture on business about bankruptcy is subject to the discontinuance
By arbitration court under the application of the external manager.
10. If the sum obtained from sale of the enterprise, is unsufficient
For satisfaction of the requirements of the creditors in complete volume, external
The manager offers to the creditors to conclude the world(global) agreement.
At недостижении of the world(global) agreement arbitration court under the application
The external manager makes a decision on a recognition of the debtor by the bankrupt
And about opening of competitive manufacture.
11. Up to the conclusion of the world(global) agreement or before acceptance arbitration
By court of the decision about a recognition of the debtor by the bankrupt and about opening competitive
Manufactures the external manager have no right to carry out accounts with
By the creditors, except for the creditors of the first and second turn.
Clause 87. Sale of a part of property of the debtor
1. After realization of inventory and estimation of property of the debtor
The external manager has the right to begin sale of property of the debtor on
Open tenders, if other is not stipulated by the plan external
Managements.
2. The tenders will be carried out in the form of auction, except for cases,
Stipulated by the present Federal law.
3. The property of the debtor concerning to is limited
circulating , can be sold only on sealed bids.
The persons, which in conformity
take part in sealed bids
With the federal law can have in the property or other belongings
The right the specified property.
4. The external manager can represent itself as the organizer
Tenders or to charge with tendering the specialized organization
On the basis of the contracts. The specialized organization conducting
Tenders, can not be the interested person concerning the debtor and
The external manager.
5. Initial price of property of the debtor exposed on tenders,
Is defined by the external manager, if other is not stipulated by the plan
External management.
6. The winner of tenders is obliged to pay a sale price of property
The debtor in time, stipulated by the protocol or contract
Sales and purchase made on results of competition, but not later than through
One month from the date of tendering.
7. Property of the debtor who has been not sold on the first tenders,
Is exposed on repeated tenders, if other is not stipulated by the plan
External management.
The property of the debtor who has been not sold on repeated tenders, can be
Is realized by the external manager on the basis of the contracts of sale and purchase,
Made without tendering.
Clause 88. Concession of the rights of the requirement of the debtor
Concession be right the requirements of the debtor can is carried out external
By managing way of sale of the requirements on open tenders from the consent
Committee of the creditors or assembly of the creditors, if other not
Is stipulated by the plan of external management.
Clause 89. Performance of the obligations of the debtor
By the proprietor of property of the debtor or
By the third person (third persons)
1. The proprietor of property of the debtor - unitary enterprise has the right
At any time before Ending external management to carry out
Simultaneous satisfaction of the requirements of all competitive creditors in
Conformity with the register of the requirements of the creditors.
2. Performance of the obligations of the debtor by the third person (third
The persons) suppose under condition of, if such performance simultaneously
Repays the requirements of all competitive creditors according to
By the register of the requirements of the creditors.
Clause 90. the Report of the external manager on results
External management
1. Not later than fifteen days before the expiration established
Term of external management, and also at presence of the bases for it
The preschedule discontinuance the external manager is obliged to present to assembly
The creditors the report of the external manager.
2. The report of the external manager should contain:
Balance of the debtor for last accounting date;
The account of profits and losses of the debtor;
The items of information on presence of free money resources of the debtor, which
Can be directed on satisfaction of the requirements of the creditors on
To the liabilities and obligatory payments of the debtor;
Decoding stayed notes payable of debts of the debtor and
The items of information about stayed the non-realized rights of the requirement of the debtor;
Other items of information on an opportunity of repayment stayed creditor
Debts of the debtor.
The register
should be enclosed to the report of the external manager
The requirements of the creditors.
3. Simultaneously with representation of the specified report external
The manager brings in on assembly of the creditors one of the following
The offers:
About the discontinuance of external management in connection with restoration
ability to pay of the debtor;
About the conclusion of the world(global) agreement;
About prolongation of a target date of external management;
About the discontinuance of external management and about the reference in arbitration
Court with the petition for a recognition of the debtor by the bankrupt and about opening
Competitive manufacture.
Clause 91. Consideration of the report of the external manager
1. The report of the external manager is consider by assembly
The creditors, which is convoked not later than in ten days after
The expirations of a target date of external management or not later than
In one month after occurrence of the bases for preschedule
The discontinuance of external management.
2. External manager not later than fifteen days up to
The expirations of a target date of external management is obliged to direct
To all creditors the notice on realization of assembly of the creditors.
The notice on realization of assembly of the creditors should contain
The information on time, place of realization of assembly of the creditors, and also about
The order of acquaintance with the report of the external manager.
3. By results of consideration of the report of the external manager
The assembly of the creditors has the right to accept one of the following decisions:
About the discontinuance of external management in connection with restoration
ability to pay of the debtor and transition to accounts with the creditors;
About the reference in arbitration court with the petition for prolongation
Target date of external management;
About the reference in arbitration court with the petition for a recognition
The debtor by the bankrupt and about opening of competitive manufacture;
About the conclusion of the world(global) agreement.
4. In case by assembly of the creditors any of
is not accepted
The decisions stipulated by item 3 of present clause, or such
The decision is not submitted in arbitration court within 15 days from the moment of
The expirations of terms established by item 1 of present clause,
The arbitration court makes a decision on a recognition of the debtor by the bankrupt and about
Opening of competitive manufacture.
Clause 92. the Statement of the report of the external manager
By arbitration court
1. Considered by assembly of the creditors the report of the external manager
And protocol of assembly of the creditors are directed to arbitration court not
Later than in five days after date of realization of assembly of the creditors.
To the report of the external manager should be enclosed the register
The requirements of the creditors and complaint of the creditors voting against
Accepted by assembly of the creditors of the decision or not accepting participation in
Voting.
2. Report of the external manager and complaints of the creditors
Are consider by arbitration court in session.
On time and place of session of arbitration court are informed external
The manager and creditors submitted complaints.
3. If the assembly of the creditors has accepted the decision on the discontinuance
External management in connection with restoration ability to pay
The debtor and transition to accounts with the creditors, report external
The manager is subject to the statement by arbitration court, behind exception
Cases stipulated by the present Federal law.
4. If by arbitration court will be established validity of the complaints
The creditors or absence of attributes of restoration ability to pay
The debtor, the arbitration court refuses in the statement of the report external
The manager.
5. About the statement of the report of the external manager, or about Refusal in
The statement of the specified report, or about prolongation of external management,
Or about the statement of the world(global) agreement the definition, which
is taken out
Can be appealed against.
6. At presence of the petition of assembly of the creditors about a recognition
The debtor by the bankrupt and about opening of competitive manufacture, and also in
Case of Refusal of arbitration court in the statement of the report external
The manager or непредставления of the specified report in a month's time with
The moment of the Ending of a target date of external management arbitration
The court can accept the decision on a recognition of the debtor by the bankrupt and about opening
Competitive manufacture.
Clause 93. Consequences of the statement of the report of the external manager
1. Statement by arbitration court of the report of the external manager
Is the basis for phase-out on business about
Bankruptcy.
2. At presence of the petition accepted by assembly of the creditors,
The arbitration court has the right to establish a termination date of accounts with
By the creditors.
The arbitration court takes out definition about the statement of the report
The external manager also is established with a termination date of accounts with
By the creditors, which can not exceed six months from the date of removal
The specified definition.
In this case manufacture on business about bankruptcy stops
After Ending accounts with the creditors.
3. If in the term, established by arbitration court, are not made
Accounts with the creditors, the arbitration court makes a decision on a recognition
The debtor by the bankrupt and about opening of competitive manufacture.
Clause 94. Accounts with the creditors
1. In cases stipulated by item 3 of clause of 92 present
The federal law, the accounts with the creditors are made external
Managing according to the register of the requirements of the creditors since
Day of the statement of the report of the external manager of arbitration court.
2. The accounts with the creditors are carried out in the order,
Stipulated by clauses of 107-111 present Federal laws, with
By features established by present clause.
3. The stayed debts on
first of all is repaid
To the requirements of the citizens, before which the debtor bears responsibility for
Causing of harm to life and health.
4. In the second turn the stayed debts on
is repaid
To payment of work to the persons working on the labour contract (contracts), and
To payment of the awards.
5. From the moment of performance of the obligations of the debtor the external manager
Brings in the appropriate record to the register of the requirements of the creditors.
Clause 95. Repayment of the requirements of the creditors
For the purposes of the present Federal law by the extinguished requirements
The creditors the satisfied requirements, requirement, on
are considered
Which the agreement about отступном or about an innovation
is achieved by@
The obligations, or about a discharge otherwise, and also
Other requirements, which according to present Federal
As the law admit extinguished.
Clause 96. the Order of the discontinuance of powers of the external manager
1. The discontinuance of external management attracts the discontinuance of powers
The external manager.
2. If the external management is finished by the conclusion world(global)
The agreements or repayment of the requirements of the creditors, external manager
Continues to execute the duties within the limits of the competence
The chief of the debtor up to the moment of assignment (election) new
The chief of the debtor.
Powers of other bodies of management of the debtor and proprietor
Property of the debtor - unitary enterprise are restored.
3. If by arbitration court the decision on a recognition of the debtor
is accepted
By the bankrupt and about opening of competitive manufacture and competitive
The manager nominates other person, the external manager continues
To execute the duties up to the moment of transfer of businesses competitive
To the manager.
the CHAPTER VI. COMPETITIVE MANUFACTURE
Clause 97. the general Provisions
1. Acceptance by arbitration court of the decision about a recognition of the debtor
By the bankrupt attracts opening competitive manufacture.
2. Term of competitive manufacture can not exceed one year.
The arbitration court has the right to prolong the specified term for six months, if
Other is not stipulated by the present Federal law.
3. If necessary term of competitive manufacture can be
Is prolonged by arbitration court over terms stipulated by item 2
Present clause. Definition of arbitration court about prolongation of term
Competitive manufacture over terms stipulated by item 2
Present clause, can be appealed against.
Clause 98. Consequences of opening of competitive manufacture
1. From the moment of acceptance by arbitration court of the decision about a recognition
The debtor by the bankrupt and about opening of competitive manufacture:
Term of performance of all liabilities of the debtor, and also
The deferred obligatory payments of the debtor it is considered come ;
The charge of the penalties (penalties, fines ), percents and
stops
Other financial (economic) sanctions on all kinds of debts
The debtor;
The items of information on a financial condition of the debtor stop to concern to
Categories of the items of information carrying confidential character or being
By trade secret;
Fulfilment of the bargains connected to alienation of property of the debtor
Or attracting transfer of his property to usage to the third persons,
It is supposed extremely in the order established by the present chapter;
The earlier imposed arrests of property of the debtor and others
are removed
Restrictions under the order by property of the debtor. Introduction (imposing)
New arrests of property of the debtor and other restrictions under the order
The property of the debtor does not suppose;
All requirements to the debtor can be presented only in frameworks
Competitive manufacture;
The performance of the obligations of the debtor is supposed in cases and order,
Which are established by the present chapter.
2. From the moment of acceptance by arbitration court of the decision about a recognition
The debtor by the bankrupt and about opening of competitive manufacture bodies
The managements of the debtor are discharged of performance of functions on management and
To the order by property of the debtor in case before such
Discharges was made not, and also the powers
stop
The proprietor of property of the debtor - unitary enterprise.
Clause 99. the Competitive manager
1. At acceptance of the decision about a recognition of the debtor by the bankrupt and about
Opening of competitive manufacture the arbitration court nominates
The competitive manager in the order stipulated for assignment
The external manager.
2. Under the petition of the competitive manager approved by assembly
The creditors or committee of the creditors, arbitration court can be
Some competitive managers are nominated. Arbitration court
Distributes duties between the competitive managers in dependence
From complexity of carried out tasks, character and size of property
The debtor, defines limits of the responsibility of each of them.
3. The competitive manager works up to the moment of end
Competitive manufacture.
Clause 100. Publication of the items of information about a recognition of the debtor
By the bankrupt and about opening of competitive manufacture
Publication of the items of information about a recognition of the debtor by the bankrupt and about
Opening of competitive manufacture is carried out competitive
By the manager at the expense of the debtor in " the Bulletin of Maximum Arbitration court
The Russian Federation " and official publication of a state organization on
To businesses about bankruptcy and financial improvement.
The publication of the items of information about a recognition of the debtor by the bankrupt and about opening
Competitive manufacture should contain:
The name and other essential elements of the debtor recognized by the bankrupt;
The name of arbitration court, in which manufacture is
Business about bankruptcy;
Date of acceptance by arbitration court of the decision about a recognition of the debtor
By the bankrupt and about opening of competitive manufacture;
Term established on presentation of the requirements of the creditors,
Which less than two months from the date of the specified publication can not be;
The items of information on the competitive manager.
The items of information on a recognition of the debtor by the bankrupt and about opening competitive
Manufactures should be directed to the competitive manager not later
Five days from the moment of his assignment .
Clause 101. Powers of the competitive manager
1. From the moment of assignment of the competitive manager to him pass
All powers on management of businesses of the debtor, including power
Under the order by property of the debtor.
2. In case the decision on a recognition of the debtor by the bankrupt and about
Opening of competitive manufacture is accepted upon termination of supervision,
From the moment of assignment of competitive managing power of bodies
Managements of the debtor and power of the proprietor of property of the debtor -
The unitary enterprise stop. Bodies of management of the debtor in
Current of three days from the moment of assignment of the competitive manager
Provide transfer of accounting and other documentation of the debtor,
Seales and stamps, material and other values of the debtor competitive
To the manager. In case of evasion from the specified duty bodies
The managements of the debtor, including chief of the debtor, carry
The responsibility according to the legislation Russian
Federations.
3. Competitive manager from the moment of the assignment
Carries out the following functions:
Accepts in conducting property of the debtor, will carry out inventory and
Estimation of property of the debtor also arranges on maintenance it
Safeties;
Analyzes a financial condition of the debtor;
Shows to the third persons who are were in arrears before
By the debtor, requirement about its collecting in the order established
By the legislation of Russian Federation;
Notifies the workers of the debtor on forthcoming dismissal in
Conformity with the legislation of Russian Federation on work;
Declares when due hereunder objections on presented to
To the debtor to the requirements of the creditors;
Declares Refusal of performance of the contracts of the debtor. Refusal from
Performance of the contracts of the debtor is declared in the order established
By clause of 77 present Federal laws;
The revealing and return arranges, directed on search
Property of the debtor who is taking place at the third persons;
Transfers to a storage the documents of the debtor, subjects obligatory
To storage according to the federal laws and others legal
By the acts of Russian Federation;
Accepts other measures established by the present Federal law.
4. At realization of the powers the competitive manager
Shows the claims about a recognition of the void bargains accomplished
By the debtor, about demand of property of the debtor at the third persons, about
Cancellation of the contracts made by the debtor, also makes others
Actions stipulated by the laws and other legal acts Russian
Federations directed on return of property of the debtor.
5. At realization of the powers the competitive manager
Have the right to demand to the third persons, which according to
By the legislation of Russian Federation carry backing
The responsibility under the obligations of the debtor in connection with finishing him up to
Bankruptcies.
The size of the specified requirements is defined proceeding from a difference between
By the sum of the requirements of the creditors and competitive weight.
The collected sums are included in competitive weight and can be
Are used only on satisfaction of the requirements of the creditors in the order
Sequences established by the present Federal law.
Clause 102. an Estimation of property of the debtor
1. During competitive manufacture the competitive manager
Carries out inventory and estimation of property of the debtor.
For realization of the specified activity the competitive manager
Have the right to attract the appraisers and other experts with payment of their services for
The account of property of the debtor, if other is not established by assembly of the creditors
Or committee of the creditors.
2. In case by property of the debtor, subject to sale in a course
Competitive manufacture, is the real estate specified property
Before sale with attraction of the independent appraiser, if other
is estimated
Is not established by assembly of the creditors or committee of the creditors.
Clause 103. Competitive weight
1. All property of the debtor available on the moment of opening
Competitive manufacture and revealed during competitive manufacture,
Makes competitive weight.
2. From property of the debtor making competitive weight,
The property rights,
are excluded property withdrawn from a revolution
Connected with the person of the debtor, including rights based on
The sanction (license) to realization of the certain kinds
Activity, and also other property stipulated hereby
By the federal law.
3. With the purposes of correct conducting the account of property of the debtor,
Making competitive weight, the competitive manager has the right
To attract the bookkeepers, auditors and other experts.
Clause 104. Property of the debtor who is not included in
Competitive weight
1. At presence in structure of property of the debtor of property withdrawn
From a revolution, the competitive manager notifies the proprietor withdrawn from
Revolution of property.
2. The proprietor of the property, withdrawn from a revolution, is obliged to accept from
The competitive manager this property or to fix it behind others
By the persons in a month's time from the moment of reception of the notice from competitive
The manager.
3. In case of default by the proprietor of property withdrawn from
Revolution, duty stipulated by item 2 of present clause, on
The expiration of one month from the moment of reception of the notice from competitive
The manager all charges under the contents of property withdrawn from a revolution,
Are assigned to the proprietor of the specified property.
4. Housing fund of social use, children's preschool
Establishments and objects of a municipal infrastructure vitally necessary
For region, are subject to transfer appropriate municipal
To formation on behalf of the authorized bodies of local self-management in
The order stipulated by items 1 - 3 present clauses. A duty
Under the contents and maintenance of functioning of the specified objects in
Conformity with their special-purpose designation is assigned to the representatives
Bodies of local self-management after the expiration of one month from the moment of
Receptions of the notice from the competitive manager.
5. Transfer of objects specified in item 4 of present clause,
To the authorized bodies of local self-management is carried out on
To actual condition without any additional conditions.
Sources of financing of the contents of the given objects are
The appropriate budgets.
6. Officials of the authorized bodies local
Self-management, not acting of Rules of items 4 and 5 present
Clauses, carry administrative and other responsibility according to
By the legislation of Russian Federation.
Clause 105. the Accounts of the debtor during competitive manufacture
1. The competitive manager is obliged to use during competitive
Manufactures only one account of the debtor in bank or other credit
Organizations (basic account of the debtor).
Other accounts of the debtor in banks and other credit organizations,
Opening, known on the moment, of competitive manufacture, and also
Found out during competitive manufacture, are subject to closing
By the competitive manager in process of their detection. The rests money
Means of the debtor from the specified accounts should be listed on
The basic account of the debtor.
2. On the basic account of the debtor the money resources
are enlisted also
The debtors acting during competitive manufacture.
From the basic account of the debtor the payments to the creditors in
are carried out
The order stipulated by clause of 106 present Federal laws, and
The charges specified in item 3 of present clause are paid.
3. From the basic account of the debtor the following charges are paid:
The charges connected to payment of compensation competitive
To the manager;
The current municipal and operational payments of the debtor;
The charges connected to the publication of the message on a recognition of the debtor
By the bankrupt and items of information on a recognition of the debtor by the bankrupt and about opening
Competitive manufacture, and also with the notice of the creditors of the debtor;
Other charges connected to realization competitive
Manufactures.
4. Report on use of money resources of the debtor competitive
The manager represents to assembly of the creditors and committee of the creditors in
Any time under their requirement.
Clause 106. Sequence of satisfaction of the requirements of the creditors
1. The judicial charges, charges connected with
priority become covered
By payment of compensation by the arbitration manager current municipal
And the operational payments of the debtor, and also are satisfied
The requirements of the creditors under the obligations of the debtor who has arisen in a course
Supervision, external management and competitive manufacture.
2. The requirements of the creditors are satisfied in the following sequence:
The requirements of the citizens, before
first of all are satisfied
With which the debtor bears responsibility for causing of harm to life and
To health, by capitalization of the appropriate time payments;
In the second turn the accounts on payment of day off
are made
The severance pay and payment of work with the persons working on the labour contract, in
Volume number under the contract, and on payment of compensations on author's
To the contracts;
In third turn the requirements of the creditors on
are satisfied
To the obligations supplied pledge of property of the debtor;
In the fourth turn the requirements on obligatory
are satisfied
To payments in the budget and in over and above the budgets funds;
In the fifth turn the accounts with other creditors are made.
Clause 107. the Size and order of satisfaction of the requirements
The first-order creditors
1. Definition of the size of the requirements of the citizens, before which debtor
Bears responsibility for causing of harm to life and health,
Is carried out by capitalization appropriate time
Payments established on the moment of acceptance by arbitration court of the decision about
Recognition of the debtor by the bankrupt and about opening of competitive manufacture,
Subjects to payment to the citizen before achievement by him of age seventy
Years, but not less than for ten years.
If the age of the citizen exceeds seventy years, period for
capitalization of the appropriate time payments makes ten
Years.
2. Payment of the sum capitalize of time payments, size
With which is defined according to the order stipulated
By item 1 of present clause, stops the appropriate obligation
The debtor.
3. At presence of the consent of the citizen his right of the requirement to
To the debtor in the sum capitalize of time payments passes to
The Russian Federation.
In this case obligations of the debtor to the citizen on payment
Time payments pass to Russian Federation and are executed
By Russian Federation according to the federal law and in
The order determined by Government of Russian Federation.
Clause 108. the Requirements on payment of the target severance pay and
To payment of work
At definition of the size of the requirements on payment of the target severance pay and
To payment of work to the persons working on the labour contract, including on
To the contract, the outstanding debts,
is considered
Formed on the moment of acceptance by arbitration court of the application about
Recognition of the debtor by the bankrupt.
If by the debtor in the period after acceptance by arbitration court
The applications for a recognition of the debtor by the bankrupt not in complete volume are executed
The obligations on payment of the target severance pay and payment of work to the persons,
Working on the labour contract, including under the contract, sum, not
The decisions, paid up to coming into force, of arbitration court on a recognition
The debtor by the bankrupt and about opening of competitive manufacture, are included
In a total sum of debts of the debtor before the creditors of the second turn.
Clause 109. the Requirements of the creditors under the obligations,
By the supplied pledge of property of the debtor
1. At definition of the size of the requirement of the creditor under the obligation,
Supplied the pledge of property of the debtor, takes into account debts
The debtor under the obligation in the part supplied with the specified pledge.
2. Debts of the debtor under the obligation in a part, not
Supplied by a pledge of property of the debtor, it is taken into account in structure
The requirements of the creditors of the fifth turn.
3. Requirement of the creditors under the obligations supplied pledge
Property of the debtor, are subject to satisfaction at the expense of all property
The debtor, including specified pledge, not being a subject.
Clause 110. of the Requirement on obligatory payments
1. At definition of the size of the requirements on obligatory payments
The debts (shortage) formed
is taken into account
On the moment of acceptance by arbitration court of the application about a recognition of the debtor
By the bankrupt.
2. If by the debtor after acceptance by arbitration court of the application about
Recognition of the debtor by the bankrupt not in complete volume are paid obligatory
Payments, sums which have been not paid up to acceptance by arbitration court of the decision about
Recognition of the debtor by the bankrupt and about opening of competitive manufacture,
Are included in a total sum of debts of the debtor before the creditors
The fourth turn.
3. Sum of the penalties (fines ) and other financial (economic) sanctions
Are subject to satisfaction in structure of the requirements of the creditors of the fifth turn.
Clause 111. of the Requirement of the creditors of the fifth turn
1. At definition of the size of the requirements of the creditors of the fifth turn
The requirements under the civil-law obligations, for
are taken into account
By exception of the requirements of the citizens about compensation of harm. Caused to life
And health, requirements of the creditors under the obligations supplied
By pledge of property of the debtor, and requirements of the founders (participants)
The debtor - legal person following from such participation.
2. Requirement of the creditors of the fifth turn under the indemnification,
To collecting of the penalties (penalties, fines ) and others financial (economic)
The sanctions, including for default or inadequate performance
The duties on payment of obligatory payments, are taken into account separately in
The register of the requirements of the creditors also are subject to satisfaction after
Repayments of debts and due percents .
Clause 112. Sale of property of the debtor
1. After realization of inventory and estimation of property of the debtor
The competitive manager begins sale of the specified property on
Open tenders, if by assembly of the creditors or committee of the creditors not
Other order of sale of property of the debtor is established.
The order and terms of sale of property of the debtor should be approved
By assembly of the creditors or committee of the creditors.
2. The property of the debtor concerning to is limited
circulating , can be sold only on sealed bids.
The persons, which in conformity
take part in sealed bids
With the federal law can have in the property or other belongings
The right the specified property.
3. The competitive manager can represent itself as the organizer
Tenders or to charge with tendering the specialized organization
On the basis of the contracts. The specialized organization conducting
Tenders, can not be the interested person of the debtor or
By the interested person of the competitive manager.
4. Property of the debtor who has been not sold on the first tenders,
Is exposed on repeated tenders or is realized by the competitive manager
On the basis of the contracts of sale and purchase made without realization
Tenders.
5. The sale of the enterprise of the debtor is carried out in the order,
Established by clause of 86 present Federal laws.
Clause 113. Concession of the rights of the requirement of the debtor
1. The competitive manager has the right to expose on open tenders
The rights of the requirement of the debtor, if other order of sale (concession) of the rights
The requirements of the debtor is not established by assembly of the creditors or committee
The creditors.
2. Sale (concession) of the rights of the requirement of the debtor on open tenders
Is carried out with observance of rules stipulated by clause 88
The present Federal law, if other is not established federal
By the law or does not follow from an essence of the requirements.
Clause 114. Accounts with the creditors
1. The competitive manager makes accounts with the creditors in
Conformity with the register of the requirements of the creditors.
The establishment of the size of the requirements of the creditors is made in
The order stipulated by clauses 46 and 75 present Federal
The law.
2. The requirements of each turn are satisfied after complete
Satisfactions of the requirements of the previous turn.
3. At insufficiency of money resources of the debtor they
Are distributed between the creditors of the appropriate turn
Proportionally to sums of the requirements subject to satisfaction, if
Other is not stipulated by the present Federal law.
4. Requirement of the creditors declared after closing of the register
The requirements of the creditors, including requirement on payment obligatory
The payments which have arisen after opening of competitive manufacture,
Are satisfied from property of the debtor who has stayed after
Satisfactions of the requirements of the creditors declared when due hereunder.
The requirements of the creditors of the first and second turn declared up to
The ending of accounts with all creditors, including after closing
The register of the requirements of the creditors, are subject to satisfaction.
Up to complete satisfaction of the specified requirements satisfaction
The requirements of the creditors of the appropriate turn stops. In
The same order are subject to satisfaction of the requirement of the creditors others
Turns declared when due hereunder, but not recognized competitive
By the manager, concerning which is present entered in lawful force
The decision of arbitration court on their satisfaction.
5. Requirement of the creditors who have been not satisfied owing to
Insufficiency of property of the debtor, are considered extinguished. Extinguished
The requirements of the creditors who have been not recognized competitive
are considered also
By the manager, if the creditor did not address in arbitration court or such
The requirements are recognized by arbitration court unreasonable.
6. The competitive manager brings in to the register of the requirements of the creditors
The items of information on repayment of the requirements of the creditors.
7. The creditors, whose requirements were not satisfied in complete
Volume during competitive manufacture, the requirements to
have the right
To the third persons who have received illegally property of the debtor. Specified
The requirement can be presented within ten years after the Ending
Manufactures on business about bankruptcy.
Clause 115. the Control of activity of the competitive manager
1. Competitive manager not less often than once per one month
Represents committee of the creditors or assembly of the creditors the report about
Activity, information on a financial condition of the debtor and him
Property on the moment of opening of competitive manufacture and in a course
Competitive manufacture, and also other information.
2. The competitive manager is obliged on demand of arbitration court
To give arbitration court all items of information concerning competitive
Manufactures.
Clause 116. Discharge of the competitive manager
In case of default or inadequate performance competitive
By the manager of the duties, assigned to him arbitration court on
To the petition of assembly of the creditors or committee of the creditors discharges
Competitive managing from performance by him of the duties and
Nominates the new competitive manager.
Clause 117. the Report of the competitive manager
After end of accounts with the creditors the competitive manager
Is obliged to present to arbitration court the report on results of realization
Competitive manufacture. To the report of the competitive manager
Are applied:
The documents confirming sale of property of the debtor;
The register of the requirements of the creditors with the instruction of the size extinguished
The requirements of the creditors;
The documents confirming repayment of the requirements of the creditors.
Clause 118. Property of the debtor who has stayed after
Repayments of the requirements of the creditors
1. About property of the debtor, which was offered to sale, but not
Was realized during competitive manufacture, at absence
The applications of the proprietor of property of the debtor - unitary enterprise,
The founders (participants) of the debtor - legal person about the rights on
The specified property the competitive manager notifies the representatives
Bodies of the appropriate municipal formation .
2. Not later than one month from the moment of reception appropriate
The notices the authorized bodies appropriate municipal
The formations accept specified in item 1 of present clause property
On balance also carry all charges under the contents of this property.
Clause 119. End of competitive manufacture
1. After consideration by arbitration court of the report competitive
The manager about results of realization of competitive manufacture
The arbitration court takes out definition about end competitive
Manufactures.
2. Competitive manager within ten days from the moment of
Removal of definition of arbitration court about end competitive
Manufactures should present the specified definition to a body,
Carrying out state registration of the legal persons.
3. Definition of arbitration court about end competitive
Manufactures is the basis for entering in uniform state
The register of the legal persons of record about liquidation of the debtor.
4. From the moment of entering into the uniform state register legal
The persons of record about liquidation of the debtor of power of the competitive manager
Stop, competitive manufacture is considered completed, and debtor
- Liquidated.
the CHAPTER VII. THE WORLD(GLOBAL) AGREEMENT
Clause 120. the general Provisions
1. At any stage of consideration by arbitration court of business about
Bankruptcy the debtor and the creditors have the right to conclude the world(global) agreement.
2. Decision on the conclusion of the world(global) agreement on behalf of competitive
The creditors is accepted by assembly of the creditors. The decision of assembly
The creditors about the conclusion of the world(global) agreement is accepted by the majority
Votes from COMMON number of the competitive creditors also is deemed accepted at
Condition, if for it all creditors under the obligations,
have voted
By the supplied pledge of property of the debtor.
The decision on the conclusion of the world(global) agreement on the part of the debtor
Is accepted by the citizen - debtor or chief of the debtor, external
By the managing or competitive manager.
3. The participation in the world(global) agreement of the third persons, which
is supposed
Take up the rights and duties stipulated world(global)
By the agreement.
4. The world(global) agreement is subject to the statement by arbitration court, about
Than it is underlined in definition of arbitration court about the discontinuance
Manufactures on business about bankruptcy. If the world(global) agreement
Consists during competitive manufacture, the arbitration court takes out
Definition about the statement of the world(global) agreement.
5. The world(global) agreement inures for the debtor and competitive
The creditors, and also for the third persons participating in the world(global) agreement,
From the date of its statement arbitration court also is for the debtor,
The competitive creditors and third persons participating in the world(global) agreement,
Obligatory.
6. Unilateral Refusal of performance entered by virtue of world(global)
The agreements it is not supposed.
Clause 121. the Form of the world(global) agreement
1. The world(global) agreement consists in writing.
2. On the part of the debtor the world(global) agreement subscribes
By the citizen - debtor or chief of the debtor, external manager
Or competitive manager. On behalf of the creditors the world(global) agreement
Subscribes by the person authorized assembly of the creditors.
3. If the third persons, from their party
participate in the world(global) agreement
The world(global) agreement subscribes by these persons or their representatives.
Clause 122. the Contents of the world(global) agreement
1. The world(global) agreement should contain rules about the sizes,
The order and terms of performance of the obligations of the debtor and (or) about
Discharge of the debtor by granting отступного, innovation
The obligations, pardon of the debt or different ways stipulated
By the civil legislation of Russian Federation.
2. The world(global) agreement can contain conditions:
About a delay or about the installment plan of performance of the obligations of the debtor;
About concession of the rights of the requirement of the debtor;
About performance of the obligations of the debtor by the third persons;
About the discount on the debt;
About an exchange of the requirements on the share ;
About satisfaction of the requirements of the creditors by different ways, not
Contradicting to the federal laws and other legal acts Russian
Federations.
3. Condition of the world(global) agreement for the competitive creditors, not
Accepting participations in voting on a question on the conclusion world(global)
The agreements, and also voting against its conclusion, can not
To be worse, than for the competitive creditors of the same turn,
Voting for its conclusion.
Clause 123. of a Condition of the statement of the world(global) agreement
By arbitration court
1. The world(global) agreement can be made after repayment
Debts under the requirements of the creditors of the first and second turn.
2. Debtor, external managing or competitive manager in
Current of five days from the moment of the conclusion of the world(global) agreement owes
To present to arbitration court the application for the statement world(global)
The agreements.
3. To the application for the statement of the world(global) agreement should be
Are enclosed:
The text of the world(global) agreement;
The protocol of assembly of the creditors who have accepted the decision on the conclusion
The world(global) agreement;
The list of all competitive creditors with the instruction of their addresses and sums
Debts;
The documents confirming repayment of debts on the requirements
The creditors of the first and second turn;
The written objections of the competitive creditors, which did not accept
Participations in voting on a question on the conclusion of the world(global) agreement or
Voted against the conclusion of the world(global) agreement.
4. About date of consideration of the application about the statement world(global)
The agreements the arbitration court informs the interested parties. Absence
The notified persons does not interfere with consideration of business about bankruptcy.
Clause 124. Consequences of the statement of the world(global) agreement
By arbitration court
1. Statement of the world(global) agreement by arbitration court in a course
Supervision or external management is the basis for the discontinuance
Manufactures on business about bankruptcy.
2. Statement of the world(global) agreement by arbitration court in a course
External management is the basis for the discontinuance of the moratorium on
Satisfaction of the requirements of the creditors.
3. In a case, when the world(global) agreement is authorized arbitration
By court during competitive manufacture, decision of arbitration court about
Recognition of the debtor by the bankrupt and about opening of competitive manufacture not
Is subject to performance .
4. From the moment of the statement of the world(global) agreement by arbitration court
The powers of the temporary manager, external
stop
Managing, competitive manager.
External managing, competitive manager of the debtor -
The legal person execute duties of the chief of the debtor up to
The moment of assignment (election) of the chief of the debtor.
5. From the moment of the statement of the world(global) agreement accordingly
The citizen - debtor or chief of the debtor, external manager or
The competitive manager begin repayment of debts before
By the creditors.
Clause 125. Refusal in the statement of the world(global) agreement
By arbitration court
1. In case of default of a duty on repayment of debts
Under the requirements of the creditors of the first and second turn arbitration court
Refuses in the statement of the world(global) agreement.
2. The arbitration court has the right to give up in the statement world(global)
The agreements in cases:
Infringements about the conclusion of the world(global) agreement established
By the present Federal law;
Non-observance of the form of the world(global) agreement;
Infringements of the rights of the third persons;
The contradictions of conditions of the world(global) agreement to the federal laws иv
To other legal acts of Russian Federation.
3. About Refusal in the statement of the world(global) agreement arbitration court
Takes out definition, which can be appealed against.
Clause 126. Consequences of Refusal in the statement of the world(global) agreement
1. In case of removal by arbitration court of definition about Refusal in
The statement of the world(global) agreement the world(global) agreement is considered
Not made.
2. Removal by arbitration court of definition about Refusal in
The statement of the world(global) agreement does not interfere with the conclusion new
The world(global) agreement.
Clause 127. Invalidity of the world(global) agreement
Under the application of the debtor, creditor or public prosecutor the world(global) agreement
Can be recognized by arbitration court void:
If the world(global) agreement contains conditions providing
Advantages to the separate creditors or infringement of the rights and lawful
Interests of the separate creditors;
If the performance of the world(global) agreement can result the debtor to
To bankruptcy;
At presence of other bases of invalidity of the bargains,
The Russian Federation, stipulated by the civil legislations.
Clause 128. Consequences of a recognition of the world(global) agreement
Void
1. The recognition of the world(global) agreement void is
By the basis for renewal of manufacture on business about bankruptcy. About
Renewal of manufacture on business about bankruptcy arbitration court
Takes out definition, which can be appealed against.
2. In case of a recognition of the world(global) agreement void
The requirements of the creditors, on which the delay and (or)
was made
The installment plan of payments, due to them, or discount on duties,
Are restored in their unsatisfied part.
3. The recognition of the world(global) agreement void does not attract
Duty of the creditors of the first and second turn to return to the debtor
Received by them on account of repayment of debts.
In a part not settled present clause, are applied
Consequences of invalidity of the bargains stipulated civil
By the legislation of Russian Federation.
4. In case of a recognition of the world(global) agreement void
The message on renewal of manufacture on business about bankruptcy of the debtor
Is published by arbitration court at the expense of the debtor in " the Bulletin Maximum
Arbitration court of Russian Federation " and official publication
State organization on businesses about bankruptcy and financial
To improvement.
5. The requirements of the creditors, with which are made accounts on
Conditions of the world(global) agreement which is not contradicting to the present
To the federal law, are considered extinguished. The creditors, whose requirements
Were satisfied according to conditions of the world(global) agreement,
Providing their advantage or infringement of the rights and lawful
Interests of other creditors, are obliged to return all received in
The order of performance of the world(global) agreement.
Clause 129. Cancellation of the world(global) agreement
1. Cancellation of the world(global) agreement authorized arbitration
By court, under the agreement between the separate creditors and debtor not
It is supposed.
2. Cancellation of the world(global) agreement under the decision of arbitration court in
The attitude of the separate creditor does not attract cancellation world(global)
The agreements concerning other creditors.
3. The world(global) agreement can be terminated under the decision
Arbitration court in case of default by the debtor of conditions world(global)
The agreements in the attitude not less than one third of requirements of the creditors. In
This case the consequences stipulated by clause 128
are applied
The present Federal law.
Clause 130. Consequences of default of the world(global) agreement
1. In case of default of the world(global) agreement by the debtor the creditors
Have the right to present the requirements in volume stipulated world(global)
By the agreement.
2. In case of excitation of business about bankruptcy volume of the requirements
The creditors, concerning which the world(global) agreement,
is made
Is defined by conditions stipulated by the world(global) agreement.
the CHAPTER VIII. FEATURES of BANKRUPTCY SEPARATE
CATEGORIES of the DEBTORS - LEGAL PERSONS
§ 1. THE GENERAL PROVISIONS
Clause 131. of the general Provisions
To the Attitudes connected to bankruptcy cityes generatrix ,
Agricultural, insurance organizations, and also credit
Organizations, the rules of the present Federal law,
are applied
Regulating bankruptcy of the debtors - legal persons, if other not
Is stipulated by the present chapter.
§ 2. BANKRUPTCY CITYES GENERATRIX
ORGANIZATIONS
Clause 132. the Status cityes generatrix of organizations
1. For the purposes of the present Federal law cityes generatrix
As organizations the legal persons, number of the workers
admit
Which in view of the members of their families makes not less than half
Population of the appropriate occupied item.
2. The rules stipulated by the present paragraph, are applied
Also to other organizations, the number of which workers exceeds
Five thousand the man.
Clause 133. Consideration of business about bankruptcy
cityes generatrix of organization
1. By consideration of business about bankruptcy cityes generatrix
Organizations as the person participating in business about bankruptcy, admits
The appropriate organization of local self-management.
2. As the persons participating in business about bankruptcy, arbitration
With court can also be attracted the federal bodies executive
Authorities and bodies of the executive authority of the appropriate subject
The Russian Federation.
3. Proofs confirming the status cityes generatrix
Organizations or presence at organization of the appropriate number
The workers, should be submitted to arbitration court by the debtor.
Clause 134. Introduction of external management under the guarantee
1. If by assembly of the creditors the decision on introduction
is not accepted
External management, the arbitration court has the right to enter external management
On the bases stipulated present Federal law, and also
Under the petition of a organization of local self-management or attracted to
To participation in business about bankruptcy of the appropriate federal organization
The executive authority or organization of the executive authority of the subject
The Russian Federation under condition of granting the guarantee on
To the obligations of the debtor.
The guarantee under the obligations of the debtor can be given
By Russian Federation, subject of Russian Federation or
By municipal formation on behalf of their authorized bodies.
2. Organization of local self-management or attracted to participation in
Business about bankruptcy the appropriate federal organization executive
Authorities or organization of the executive authority of the subject of Russian Federation,
Presented the guarantee under the obligations of the debtor, have the right
To offer arbitration court a nominee of the external manager.
3. In cases, when the external management is entered in the order,
Stipulated by the present clause, the guarantor carries backing
The responsibility under the obligations of the debtor to his creditors.
Clause 135. Prolongation of external management under the petition
Organization of local self-management
1. The external management cityes generatrix by organization can be
Is prolonged by arbitration court for the term of no more than one year at presence
The petitions of a organization of local self-management.
2. Basis for prolongation of external management cityes generatrix
By organization for the term of, stipulated by item 1 of present clause,
The plan of financial improvement cityes generatrix
can serve
Organizations. The plan of financial improvement cityes generatrix of organization
Can provide investment in its activity,
Employment of its workers, creation of new workplaces and others
Ways of restoration ability to pay of the debtor - cityes generatrix
Organizations.
3. Under the petition of a organization of local self-management or
Attracted to participation in business about bankruptcy appropriate
Federal organization of the executive authority or organization executive
Authorities of the subject of Russian Federation under condition of granting
The guarantees under the obligations of the debtor term of external management
cityes generatrix by organization can be prolonged till ten years. The debtor
And his guarantor in this case are obliged to begin accounts with
By the creditors not later terms stipulated by item 1 present
Clauses.
Non-observance of the requirements stipulated by the present item,
Is the basis for a recognition of the debtor by the bankrupt and opening
Competitive manufacture.
Clause 136. Repayment of the requirements of the creditors in process
Judicial sanitation
1. Russian Federation, subject of Russian Federation or
The municipal formation on behalf of their authorized bodies has the right in
Any time before Ending external management cityes generatrix
By organization to pay off with all creditors or to extinguish
The requirements of the creditors under the liabilities and obligatory
To payments by a different way stipulated present Federal law.
2. The satisfaction of the requirements of the creditors is carried out in the order
Sequences established clause of 106 present Federal laws.
3. In case of satisfaction of the requirements of the creditors on money
To the obligations and obligatory payments in the order stipulated
By items 1 and 2 present clauses, manufacture on business about bankruptcy
Is subject to the discontinuance .
Clause 137. Sale of the enterprise
1. With the purposes of satisfaction of the requirements of the creditors during external
Managements the sale of the enterprise can be carried out.
2. At presence of the petition of a organization of local self-management or
Attracted to participation in business about bankruptcy appropriate
Federal organization of the executive authority or organization executive
Authorities of the subject of Russian Federation the sale of the enterprise is made
By realization of competition.
3. Obligatory conditions of competition are:
Preservation of workplaces for not less than 70 percents of the workers,
Engaged on the enterprise on the moment of its sale;
Duty of the buyer in case of change of a structure of activity
The enterprises retrain or place in a job of the specified workers.
Other conditions of competition can be established extremely with
The consent of assembly of the creditors in the order stipulated by clause 14
The present Federal law.
4. If specified in item 2 of present clause the petition was not
Is sent or the enterprise was not sold on conditions of competition,
The enterprise is subject to sale on auction.
Clause 138. Sale of property of the debtor recognized by the bankrupt
1. At sale of property of the debtor recognized by the bankrupt,
The arbitration manager should expose on sale on the first tenders
The enterprise as a uniform property complex.
2. If the property of the debtor was not sold in the order,
Stipulated by item 1 of present clause, sale of property of the debtor
Is carried out by rules stipulated by clause of 87 present
The federal law.
§ 3. BANKRUPTCY AGRICULTURAL
ORGANIZATIONS
Clause 139. of the general Provisions
1. For the purposes of the present Federal law under
By agricultural organizations the legal persons,
are understood
The basic kind of which activity is the cultivation
( Manufacture, manufacture and processing) agricultural
Production, which proceeds from realization brought up (made ,
Made and advanced) them of agricultural production
Makes not less than 50 percents of a total sum of the proceeds.
2. Feature of bankruptcy of agricultural organizations,
Stipulated by the present Federal law, are applied also to
рыболовецким to artels (collective farms), which proceeds from realization
Brought up (made, made and advanced)
Agricultural production and caught water biological
Resources makes not less than 70 percents of a total sum of the proceeds.
3. At sale of objects of the real estate, which are used in
The purposes of agricultural manufacture also belong
Agricultural organization recognized by the bankrupt, at other
Equal conditions the right of priority of purchase of the specified objects
Belongs to agricultural organizations and country
(Farmer) economy located in the given district.
4. In case of liquidation owing to bankruptcy
Agricultural organizations their ground areas can
To be alienated or to pass to other person, Russian Federation,
To the subject of Russian Federation or municipal formation in that
To measure, in what their revolution it is supposed by the ground legislation.
Clause 140. Supervision and external management
1. During supervision at the analysis of a financial condition
The agricultural organization should be taken into account seasonal prevalence
Agricultural manufacture and its dependence from
natural-climatic conditions, and also opportunity of satisfaction
The requirements of the creditors at the expense of the incomes, which can be received
By agricultural organization upon termination of appropriate
The period of agricultural works.
2. The external management of agricultural organization is entered
For the term of before Ending the appropriate period agricultural
Works in view of the time necessary for realization brought up
( Made, made and advanced) agricultural
Production. The specified term can not exceed terms established
By item 4 of clause of 68 present Federal laws, more than on three
Month.
In case during term of external management took place
Recession and deterioration of a financial condition agricultural
Organizations in connection with acts of nature, and others
By the extremely adverse conditions, term of external management can be
Is prolonged to one year.
§ 4. BANKRUPTCY of CREDIT ORGANIZATIONS
Clause 141. Regulation of bankruptcy of credit organizations
To the Attitudes arising at inability of the debtor - credit
With organization to satisfy the requirements of the creditors, present Federal
The law is applied in the part which has been not settled by the federal law about
Inconsistencies (bankruptcy) of credit organizations.
Clause 142. the Bases of a recognition of credit organization by the bankrupt
1. Basis of a recognition of credit organization by the bankrupt
Are defined by the federal law on an inconsistency (bankruptcy)
Credit organizations.
2. Application for a recognition of credit organization by the bankrupt
Is accepted to consideration by arbitration court after a response by Bank
Russia at credit organization of the license on realization bank
Operations, if other is not stipulated by the federal law about
Inconsistencies (bankruptcy) of credit organizations.
Clause 143. Procedures of bankruptcy of credit organizations
1. By results of consideration of the application about a recognition credit
Organizations by the bankrupt by arbitration court the decision about
can be accepted
Recognition of credit organization by the bankrupt and about opening competitive
Manufactures or decision on Refusal in a recognition of credit organization
By the bankrupt.
2. In case of acceptance by arbitration court of the decision about a recognition
Credit organization by the bankrupt competitive manufacture is carried out
In the order established by the present Federal law, with the account
Features stipulated by the federal law on an inconsistency
(Bankruptcy) of credit organizations.
§ 5. BANKRUPTCY of INSURANCE ORGANIZATIONS
Clause 144. Consideration of business about bankruptcy of insurance organization
1. By consideration of business about bankruptcy of insurance organization
As the person participating in arbitration process, admits state
Organization of Russian Federation on supervision of insurance activity.
2. The application for a recognition of insurance organization by the bankrupt can
To be sent in arbitration court by the debtor, competitive creditor,
By the public prosecutor and other authorized according to the federal law
By state body.
Clause 145. Sale of a property complex insurance
Organizations
1. The sale of a property complex of insurance organization can
To be carried out during external management by rules,
Stipulated by clause of 86 present Federal laws.
At realization of competitive manufacture a property complex
To insurance organization can be sold only with the consent of the buyer
To take up the contracts of insurance, on which insurance case not
There has come up to the moment of a recognition of insurance organization by the bankrupt.
2. Buyer of a property complex of insurance organization
The insurance organization can act only.
3. In case of sale of a property complex insurance
The organizations during external management to his buyer pass all
The rights and duties under the contracts of insurance, on which for date
Sales of property of insurance organization the insurance case has not come .
Clause 146. the Right of the requirement insurers in a case
Bankruptcies of insurance organizations
1. In case of acceptance by arbitration court of the decision about a recognition
Insurance organization by the bankrupt and about opening of competitive manufacture
All contracts of insurance, which are made by such organization in
Quality insurer and on which the insurance case has not come before date
Acceptance of the specified decision, stop, except for cases,
Clauses, stipulated by item 1, of 145 present Federal laws.
2. Insurers (profitability getters ) under the contracts of insurance,
Stopped on the bases stipulated item 1 present
Clauses, have the right to demand return of a part paid insurer
To the insurance premium is proportional to a difference between validity
The contracts of insurance and term, during which the contract
worked
Insurances, if other is not stipulated by the federal law.
3. Insurers (profitability getters ) under the contracts of insurance,
On which the insurance case has come up to the moment of acceptance arbitration
By court of the decision about a recognition of insurance organization by the bankrupt and about
Opening of competitive manufacture, have the right to demand payment
The insurance sum.
Clause 147. Satisfaction of the requirements of the creditors of the fifth turn
In case of acceptance by arbitration court, decision on a recognition
Insurance organization by the bankrupt and about opening of competitive manufacture
The requirements of the creditors of the fifth turn are subject to satisfaction in
The following order:
First of all - requirement of the creditors under the contracts
Obligatory personal insurance;
In the second turn - requirement of the creditors under other contracts
Obligatory insurance;
In third turn - requirement of other creditors - insurers
(выгодоприобретателей), including requirements stipulated
By item 2 of clause of 146 present Federal laws;
In the fourth turn - requirement of the other creditors.
§ 6. BANKRUPTCY PROFESSIONAL
THE PARTICIPANTS of the MARKET of VALUABLE PAPERS
Clause 148. Regulation of bankruptcy professional
The participants of the market of valuable papers
1. By consideration of business about bankruptcy of organization or
The citizens being the professional participants of the market valuable
Papers, as the person participating in arbitration process, admits
State organization of Russian Federation on regulation of the market
Valuable papers.
2. Feature of procedures of bankruptcy of the professional participants
The market of valuable papers not settled by the present paragraph, and also
Measures on protection of the rights and interests of the clients of the professional participants
The market of valuable papers can be stipulated by the federal laws and
By other legal acts of Russian Federation.
3. Order of the prevention of bankruptcy and realization until judicial
Procedures of restoration ability to pay of the professional participants
The market of valuable papers is established by the federal laws and others
By the legal acts of Russian Federation.
Clause 149. the Requirements to the arbitration manager
The arbitration manager participating in business about bankruptcy
The professional participant of the market of valuable papers, should have the license
The arbitration manager, and also certificate which is given out
By state organization of Russian Federation on regulation of the market
Valuable papers.
Clause 150. Features of supervision
1. Restriction on fulfilment of the bargains by the professional participant
The market of valuable papers at application to him of procedures of bankruptcy,
Stipulated by the present Federal law, are not distributed on
The bargains with valuable papers of his clients made on the orders
The clients confirmed by last after excitation of manufacture on
To business about bankruptcy.
2. The temporary manager is obliged in ten-day term from the moment of
his assignment to direct to the clients, transmit to the debtor -
To the professional participant of the market of valuable papers in management
Valuable papers, belonging to them, notice on excitation of business about
Bankruptcy and introduction into the rights of the temporary manager. In specified
The notice the essential elements of the license of the arbitration manager and
are specified
Kind and essential elements of the certificate given by a state organization
The Russian Federation on regulation of the market of valuable papers, and also
It is offered to give the order about actions, which it is necessary
To make with valuable papers belonging to the client.
Clause 151. Features of external management and
Competitive manufacture
1. Valuable papers and other property of the clients taking place in
The order of the professional participant of the market of valuable papers, not
Are included in competitive weight.
2. From the moment of introduction of external management or competitive
Manufactures the stayed valuable papers of the clients are subject to return
To the clients, if other is not stipulated by the agreement of the external manager
Or competitive manager with the clients.
3. If the requirements of the clients concerning return belonging by them
Valuable papers of one kind (one emitter, one category, one
Such as, one series) exceed quantity of the specified valuable papers,
Taking place at disposal of the professional participant of the market valuable
Papers, the return of the specified valuable papers to the clients is carried out
Proportionally to requirements of the clients.
The requirements of the clients admit their unsatisfied part
With the liabilities also are satisfied (are repaid) in the order,
Stipulated by the chapter VI of the present Federal law.
4. During external management of organization being
By the professional participant of the market of valuable papers, external manager
Have the right to transfer valuable papers transferred to this organization in
Management of the clients, other organization having appropriate
The license of the professional participant of the market of valuable papers, from the consent and
On behalf of the clients.
the CHAPTER IX. BANKRUPTCY of the CITIZEN
§ 1. THE GENERAL PROVISIONS
Clause 152. Regulation of bankruptcy of the citizen
1. To the Attitudes connected to bankruptcy of the citizen, are applied
Rules of the chapters I-VII of the present Federal law, if other not
Is stipulated by the present chapter.
2. The rules stipulated by the present paragraph, are applied to
To the Attitudes connected to bankruptcy of the individual businessman and
By bankruptcy of a country (farmer) economy , with the account
Features stipulated by the paragraphs 2 and 3 present chapters.
Clause 153. the Application for a recognition of the citizen by the bankrupt
1. The application for a recognition of the citizen by the bankrupt can be sent in
Arbitration court by the citizen - debtor, creditor, public prosecutor, and also
By tax and other authorized bodies.
2. Right on submission of the application about a recognition of the citizen by the bankrupt
The creditors have, except for the creditors under the requirements about
Compensation of harm caused to life and health, about collecting
The alimony, and also creditors under other requirements of personal character.
3. At application of procedures of bankruptcy of the citizen the creditors on
To the requirements about compensation of harm caused to life and health, about
Collecting of the alimony, and also under other requirements of personal character
Have the right to present the requirements.
The requirements of the specified creditors who have been not declared by them at application
Procedures of bankruptcy of the citizen, are valid after end
Procedures of bankruptcy of the citizen.
Clause 154. the Plan of repayment of duties
1. The plan of repayment him
can be enclosed to the application of the citizen
Duties, which copies are directed to the creditors and other persons,
Participating in business about bankruptcy.
2. At absence of objections of the creditors the arbitration court can
To ratify the plan of repayment of duties, that is the basis for
Stay of manufacture on business about bankruptcy for the term of no more
Three months.
3. The plan of repayment of duties should include:
Term of its realization;
The sizes of the sums monthly left to the debtor and the members of his family
On consumption;
It is supposed monthly to direct the sizes of the sums, which on
Repayment of the requirements of the creditors.
4. The arbitration court has the right under the motivated petition of the persons,
Participating in business about bankruptcy to change the plan of repayment of duties, in
Volume number to increase or to reduce term of its realization, sizes
The sums monthly left to the debtor and the members of his family on
Consumption.
5. If as a result of performance by the debtor of the plan of repayment of duties
The requirements of the creditors are extinguished in complete volume, manufacture on business about
Bankruptcy is subject to the discontinuance .
Clause 155. Property of the citizen who is not included in
Competitive weight
1. Competitive weight is not included property of the citizen, on
Which according to the civil remedial legislation
The Russian Federation the collecting can not be inverted.
2. The arbitration court has the right under the motivated petition
The citizen and other persons participating in business about bankruptcy to exclude from
Competitive weight property of the citizen, on which according to
By the civil remedial legislation of Russian Federation
The collecting can be inverted which is illiquid or income
From which realization will not affect significally on
Satisfaction of the requirements of the creditors. A total cost of property
The citizen excluded from competitive weight according to
By Rules of the present item. Can not exceed hundred minimal
The sizes of payment of work.
The list of property of the citizen excluded from competitive weight in
Conformity with Rules of the present item, affirms arbitration
By court, about what the definition is taken out , which can be appealed against.
Clause 156. Invalidity of the bargains of the citizen
The bargains of the citizens connected to alienation or transfer to others
By way of property of the citizen to the interested persons one year prior to
Excitation by arbitration court of manufacture on business about bankruptcy,
Are insignificant.
On demand of the creditor the arbitration court applies consequences
Invalidity of the insignificant bargain as return of property
The citizen being a subject of the bargain, in structure of property
The citizen or as the reference of collecting on appropriate
The property which is taking place at the interested persons.
Clause 157. Consideration by arbitration court of business about bankruptcy
1. Simultaneously with acceptance of the application about a recognition of the citizen
By the bankrupt the arbitration court imposes arrest on property of the citizen, for
By exception of property, on which according to civil
The remedial legislation of Russian Federation can not be
The collecting is inverted.
2. Under the petition of the citizen the arbitration court can exempt
Property of the citizen (part of property of the citizen) from under arrest in
Case of representation of the guarantee or other maintenance of performance
The obligations of the citizen by the third persons.
3. Under the application of the citizen the arbitration court can postpone
Consideration of business about bankruptcy no more than for one month for
Realization by the citizen of accounts with the creditors or achievement
The world(global) agreement.
4. At presence of the items of information about opening of the inheritance for the benefit of
The citizen the arbitration court has the right to suspend manufacture on business about
Bankruptcy up to the decision of a question on destiny of the inheritance in established
By the federal law the order.
5. If in established by item 3 of present clause term the citizen
Has not presented the proofs of satisfaction of the requirements of the creditors and in
The specified term is not made the world(global) agreement, arbitration court
Makes a decision on a recognition of the citizen by the bankrupt and about opening
Competitive manufacture.
Clause 158. of a Consequence of a recognition of the citizen by the bankrupt
1. From the moment of acceptance by arbitration court of the decision about a recognition
The citizen by the bankrupt and about opening of competitive manufacture:
Terms of performance of the obligations of the citizen are considered come ;
The charge of the penalties (penalties, fines ), percents and
stops
Other financial (economic) sanctions under all obligations
The citizen;
The collecting from the citizen on all executive
stops
To the documents, except for the executive documents on the requirements about
Collecting of the alimony, and also under the requirements about compensation of harm,
Caused to life and health.
2. Decision on a recognition of the citizen by the bankrupt and about opening
Competitive manufacture the arbitration court directs all known
To the creditors with the instruction of term of presentation by the creditors of the requirements,
Which can not exceed two months.
The dispatch of the specified decision of arbitration court is carried out for
The account of the citizen.
Clause 159. Performance of the decision of arbitration court
1. Decision of arbitration court on a recognition of the citizen by the bankrupt and
About opening of competitive manufacture and executive sheet about
The reference of collecting on property of the citizen are directed judicial
To the police officer -executor for realization of sale of property of the debtor.
To sale is subject all property of the citizen, except for property,
Not included in competitive weight according to hereby
By the federal law.
2. If necessary of constant management of immovable property
Or as a valuable personal estate of the citizen the arbitration court nominates
For the specified purposes of the competitive manager also defines the size him
Compensations. In this case sale of property of the citizen
Is carried out by the competitive manager.
3. Money resources obtained from sale of property of the citizen,
And also available, are brought in in deposit of arbitration court,
Accepted the decision on a recognition of the citizen by the bankrupt.
Clause 160. Consideration of the requirements of the creditors
The arbitration court considers the requirements of the creditors declared
By the creditors or debtor in terms stipulated by clause 158
The present Federal law. By results of consideration specified
The requirements the arbitration court takes out definition about the order and size
Satisfactions of the requirements of the creditors.
Clause 161. the Order of satisfaction of the requirements of the creditors
1. Up to satisfaction of the requirements of the creditors from money resources,
Brought in deposit of arbitration court, the charges connected
become covered
With consideration of business about bankruptcy and performance of the decision arbitration
Court about a recognition of the citizen by the bankrupt and about opening competitive
Manufactures.
2. The requirements of the creditors are satisfied in the following sequence:
The requirements of the citizens, before
first of all are satisfied
With which the citizen bears responsibility for causing of harm to life and
To health, by capitalization of the appropriate time payments, and
Also requirements about collecting the alimony;
In the second turn the accounts on payment of day off
are made
The severance pay and payment of work with the persons working on the labour contract, in
Volume number under the contract, and on payment of compensations on авторскимv
To the contracts;
In third turn the requirements of the creditors on
are satisfied
To the obligations supplied pledge of property of the citizen;
In the fourth turn the requirements on obligatory
are satisfied
To payments in the budget and in over and above the budgets funds;
In the fifth turn the accounts with other creditors are made.
The accounts with the creditors are carried out in the order stipulated
By clauses 107 - 111 present Federal laws.
3. The requirements of each turn are satisfied after complete
Satisfactions of the requirements of the previous turn.
4. At insufficiency of money resources in deposit е arbitration
Court they are distributed between the creditors of the appropriate turn
Proportionally to sums of their requirements.
Clause 162. Clearing of the citizen of the obligations
1. After end of accounts with the creditors the citizen recognized
By the bankrupt, is released from the further performance of the requirements
The creditors declared at realization of procedure of a recognition
The citizen by the bankrupt, except for the requirements stipulated
By item 2 of present clause.
2. Requirement of the creditors about compensation of harm caused to life and
To health, requirement about collecting the alimony, and also other requirements
The personal character which has been not extinguished by way of performance of the decision
Arbitration court about a recognition of the citizen by the bankrupt, or extinguished
Partially, or procedures, not declared at realization, of a recognition
The citizen by the bankrupt, are valid and can be presented after
The ending of manufacture on business about bankruptcy of the citizen accordingly
In complete volume or in their outstanding part.
3. In case of revealing the facts of concealment of property by the citizen or
Illegal transfer by him of property to the third persons the creditor, whose
The requirements were not satisfied during procedures of bankruptcy, have the right
To present the requirement about the reference of collecting on this property.
Clause 163. Consequences of repeated bankruptcy of the citizen
1. Within five years after a recognition of the citizen by the bankrupt till him
To the application business about bankruptcy repeatedly can not be exited.
2. In case of a repeated recognition of the citizen by the bankrupt on
To the application of the creditor, tax or other authorized organization on
To the requirements on obligatory payments within five years after
End of accounts with the creditors such citizen is not released from
The further performance of the requirements of the creditors.
The unsatisfied requirements of the creditors can be presented in
The order established by the civil legislation Russian
Federations.
§ 2. FEATURES of BANKRUPTCY INDIVIDUAL
THE BUSINESSMEN
Clause 164. the Bases of a recognition individual
The businessman by the bankrupt
By the basis of a recognition of the individual businessman by the bankrupt
Is his inability to satisfy the requirements of the creditors on
To the liabilities and (or) to execute a duty on payment
Obligatory payments.
Clause 165. the Application for a recognition individual
The businessman by the bankrupt
1. Application for a recognition of the individual businessman
By the bankrupt can be sent by the debtor - individual
By the businessman, creditor under the obligations connected with
By enterprise activity, tax and other representatives
By bodies under the requirements on obligatory payments, and also public prosecutor.
2. At application of procedures of bankruptcy individual
The businessman his creditors under the obligations which have been not connected with
By enterprise activity, and also creditors under the requirements
Personal character have the right also to present the requirements.
Clause 166. Consequences of a recognition individual
The businessman by the bankrupt
1. From the moment of acceptance by arbitration court of the decision about a recognition
The individual businessman by the bankrupt and about opening competitive
Manufactures are lost force with his state registration in
Quality of the individual businessman, and also are cancelled
The licenses, given to him for realization of separate kinds
Enterprise activity.
2. The individual businessman recognized by the bankrupt, can not
To be registered as the individual businessman in
Current of one year from the moment of a recognition by his bankrupt.
3. The arbitration court directs a copy of the decision about a recognition
The individual businessman by the bankrupt and about opening competitive
Manufactures in the organization which has registered the citizen in quality
The individual businessman.
§ 3. FEATURES of BANKRUPTCY COUNTRY
(FARMER) ECONOMY
Clause 167. the Bases of a recognition country
(Farmer) economy by the bankrupt
By the basis of a recognition of a country (farmer) economy
The bankrupt is its inability to satisfy the requirements
The creditors under the liabilities and (or) to execute a duty on
To payment of obligatory payments.
Clause 168. Features about a recognition individual
The businessman - chapter country
(Farmer) economy by the bankrupt
1. Application of the individual businessman - chapter
Country (farmer) economy about a recognition by his bankrupt (further
- The application) can be sent in arbitration court at presence
The written approval of all members country (farmer)
economy .
The application subscribes by the individual businessman - chapter
Country (farmer) economy .
2. To the application besides the documents stipulated by clause 34
The present Federal law, the documents should be enclosed:
About structure and cost of property country (farmer)
economy ;
About structure and cost of property belonging to the members
Country (farmer) economy on the property right, and also
About sources, at the expense of which the specified property is acquired;
About the size of the incomes, which can be received country
(Farmer) economy upon termination of the appropriate period
Agricultural works.
The specified documents also are applied individual
By the businessman - chapter of a country (farmer) economy to
To response on the application of the creditor, application tax or other
The authorized organization or application of the public prosecutor.
Clause 169. Features of external management country
(Farmer) economy
1. Chapter of a country (farmer) economy in bi-monthly
Term from the moment of acceptance by arbitration court of the application about a recognition
Country (farmer) economy by the bankrupt can be submitted
In arbitration court the plan of restoration ability to pay country
(Farmer) economy.
2. In case realization of measures stipulated
By the plan of restoration ability to pay country (farmer)
economy , will allow a country (farmer) economy , including
At the expense of the incomes, which can be received country (farmer)
By economy upon termination of the appropriate period agricultural
Works to extinguish the requirements under the liabilities and obligatory
To payments, the arbitration court enters external management country
(Farmer) economy.
About introduction of external management country (farmer)
The economy by arbitration court taken out definition, which can be
Is appealed against.
3. External management of a country (farmer) economy
Is entered for the term of before Ending the appropriate period
Agricultural works in view of time necessary for
Realizations brought up (made, made and advanced)
Agricultural production. The specified term can not exceed
Terms established by item 4 of clause 68 present Federal
The law, more than for three months.
In case during term of external management took place
Recession and deterioration of a financial condition country (farmer)
economy in connection with acts of nature, with and others
By the extremely adverse conditions, term of external management can be
Is prolonged to one year.
4. The external management of a country (farmer) economy can
To be preschedully stopped by arbitration court under the application external
Managing or any of the creditors in cases:
Defaults of measures stipulated by the plan of restoration
ability to pay of a country (farmer) economy ;
Presence of other circumstances showing of impossibility
Restoration ability to pay country (farmer)
economy .
The preschedule discontinuance of external management country
(Farmer) economy attracts a recognition by his bankrupt and opening
Competitive manufacture.
Clause 170. the External manager
1. For realization of external management country
(Farmer) economy nominates the external manager.
2. By the external manager can be nominated the person who is not having
The licenses of the arbitration manager.
3. The powers of the external manager can be carried out by the chapter
Country (farmer) economy with the consent of external
The manager.
Clause 171. Competitive weight country (farmer)
economy
1. In case of a recognition by arbitration court country
(Farmer) economy by the bankrupt and opening of competitive manufacture
In competitive weight of a country (farmer) economy are included
Taking place in the COMMON property of the members country (farmer)
economy immovable property, including planting , economic
And others of construction, land-reclamation and other structures, productive and
Working cattle, bird, agricultural and other engineering and
The equipment, vehicles, stock and other property,
Acquired for a country (farmer) economy on COMMON
Means of his members, and also right of rent of the ground area and others
The property rights belonging country (farmer)
To economy and having a money estimation.
2. In case of bankruptcy of a country (farmer) economy
The ground area, belonging to a country (farmer) facilities, (economy),
Can be alienated or pass to other person, Russian Federation,
To the subject of Russian Federation or municipal formation in that
To measure, in what its revolution it is supposed by the ground legislation.
3. Property belonging to the chapter country (farmer)
economy and members of a country (farmer) economy on the right
The properties, and also other property, concerning which is proved,
That it is acquired on the incomes which are not being COMMON means
Country (farmer) economy , are not included in competitive
Weight.
Clause 172. the Order of sale of property country
(Farmer) economy
Immovable property, and also property rights in the attitude
Immovable property which is included in competitive weight country
(Farmer) economy , can be sold only on competition,
Which obligatory condition is the preservation target
Agricultural assignment of sold objects.
Clause 173. Consequences of a recognition country
(Farmer) economy by the bankrupt
1. From the moment of acceptance of the decision about a recognition country
(Farmer) economy by the bankrupt and about opening competitive
Manufactures state registration of the chapter country
(Farmer) economy as the individual businessman
Loses force.
2. The arbitration court directs a copy of the decision about a recognition
Country (farmer) economy by the bankrupt and about opening
Competitive manufacture in the organization which has registered it in quality
The individual businessman.
CHAPTER Х. the SIMPLIFIED PROCEDURES of BANKRUPTCY
§ 1. FEATURES of BANKRUPTCY
THE LIQUIDATED DEBTOR
Clause 174. Bankruptcy of the liquidated debtor
1. If cost of property of the debtor - legal person, in
Which attitude the decision on liquidation is accepted, is unsufficient for
Satisfactions of the requirements of the creditors, such legal person
Is liquidated in the order stipulated present Federal
By the law.
2. At detection of circumstances stipulated by item 1
Present clause, the liquidating commission (liquidator) is obliged
(Is obliged) to address to arbitration court with the application for a recognition
The debtor by the bankrupt.
3. At detection of circumstances stipulated by item 1
Present clause, after acceptance of the decision about liquidation legal
The persons and before creation of a liquidating commission (assignment of the liquidator)
The application for a recognition of the debtor by the bankrupt should be sent in
Arbitration court by the proprietor of property of the debtor - unitary
The enterprises, founder (participant) of the debtor or chief
The debtor.
Clause 175. Features of consideration of business about bankruptcy
The liquidated debtor
1. The arbitration court makes a decision on a recognition liquidated
The debtor as the bankrupt and about opening of competitive manufacture also nominates
The competitive manager. The duties of the competitive manager can
To be assigned to the chairman of a liquidating commission (liquidator)
Irrespective of presence of the license of the arbitration manager.
2. The creditors have the right to present the requirements to liquidated
To the debtor in a month's time from the moment of the publication of the announcement about a recognition
The liquidated debtor by the bankrupt.
3. In a case, when the business about bankruptcy is exited under the application
The proprietor of property of the debtor - unitary enterprise, founder
(Participant) of the debtor or chief of the debtor sent up to creation
Liquidating commission (assignment of the liquidator), consideration of business about
Bankruptcy is carried out without the account of features stipulated
By the present paragraph.
Clause 176. Consequences of Refusal from liquidation of the debtor in
The order of bankruptcy
1. Infringement of the requirements stipulated by item 2 of clause 174
The present Federal law, is the basis for Refusal in
Entering into the uniform state register of the legal persons of record about
The discontinuance of the legal person.
2. Proprietor of property of the debtor - unitary enterprise,
The founders (participants) of the debtor, chief of the debtor and chairman
Liquidating commission (liquidator) who has allowed infringement
The requirements stipulated by items 2 and 3 clauses of 174 present
The federal law, carry backing the responsibility on
To the unsatisfied requirements under the liabilities and
To obligatory payments of the debtor.
§ 2. BANKRUPTCY of the ABSENT DEBTOR
Clause 177. Features of submission of the application about a recognition
The absent debtor by the bankrupt
In cases, when the debtor - citizen or chief of the debtor -
The legal person actually who has stopped the activity,
Are absent and to establish their site it is not represented
Possible , application for a recognition of the absent debtor by the bankrupt
Can be sent by the creditor, tax or other representative
By body, and also public prosecutor irrespective of the size creditor
Debts.
Clause 178. Consideration of business about bankruptcy
The absent debtor
1. Arbitration court in fortnight term from the moment of acceptance to
To manufacture of the application about a recognition of the absent debtor by the bankrupt
Makes a decision on a recognition of the absent debtor by the bankrupt and about
Opening of competitive manufacture.
2. Decision of arbitration court on a recognition of the absent debtor
By the bankrupt and about opening of competitive manufacture is directed in
State organization on businesses about bankruptcy and financial
To improvement, which in week term from the date of reception given
The decisions represents to arbitration court a nominee competitive
The manager. The arbitration court can nominate the competitive manager
From among the employees of a state organization on businesses about bankruptcy and
To financial improvement.
3. The competitive manager in writing notifies on bankruptcy
The absent debtor of all creditors, known for him absent
The debtor, which in a month's time from the date of reception of the notice can
To present the requirements to the competitive manager.
4. Under the petition of the competitive manager at detection by him(it)
Property of the absent debtor the arbitration court can take out
Definition about the discontinuance of the simplified procedure of bankruptcy and transition
To COMMON procedures of bankruptcy stipulated present Federal
By the law.
Clause 179. Distribution of the proceeds
1. The satisfaction of the requirements of the creditors is carried out in the order
Sequences stipulated clause 106 present Federal
The law. The creditors have the right to appeal against results of consideration them
The requirements by the competitive manager in arbitration court up to the moment
The statements of liquidating balance.
2. After accounts with the creditors the competitive manager makes
The liquidating balance also represents it to arbitration court together with
By the report on the activity.
3. In case of detection by the competitive manager of property
The absent debtor the sum obtained from sale of such property,
Is directed on a covering of the judicial charges and charges on payment
Compensations to the competitive manager.
If the duties of the competitive manager were carried out with the employee
State organization on businesses about bankruptcy and financial
To improvement, the sum of his compensation, and also sum of the charges,
Connected with realization of competitive manufacture, are charge extra
To state organization on businesses about bankruptcy and financial
To improvement.
Clause 180. Application of Rules about bankruptcy
The absent debtor
The Rules stipulated by the present paragraph, are applied
Also in cases, when property of the debtor of the legal person obviously
Does not allow to cover the judicial charges on business about bankruptcy or when
During last 12 months were not carried out operations under the accounts
The debtor, and also at presence of other attributes showing about
Absence of enterprise or other activity of the debtor.
the CHAPTER XI. THE VOLUNTARY ANNOUNCEMENT About
BANKRUPTCY of the DEBTOR
Clause 181. of the Basis and condition of the voluntary announcement
About bankruptcy of the debtor
1. At presence of attributes of bankruptcy of the debtor the chief
The debtor can announce about bankruptcy of the debtor and his liquidation.
2. Voluntary announcement of bankruptcy of the debtor and him
Liquidations can be made on the basis of the decision of the proprietor
Property of the debtor - unitary enterprise or body,
The representative according to the constituent documents of the debtor
On acceptance of the decision about liquidation.
3. The chief of the debtor can voluntary announce about bankruptcy
The debtor and his liquidation only under condition of reception written
The consent of all creditors of the debtor.
Clause 182. the Order of the voluntary announcement about
Bankruptcy of the debtor and his liquidation
1. At observance of conditions established by clause of 181 present
The federal law, the chief of the debtor publishes in " the Bulletin
Maximum Arbitration court of Russian Federation " and official publication
State organization on businesses about bankruptcy and financial
To improvement the voluntary announcement of bankruptcy of the debtor and him
Liquidations.
In the voluntary announcement of bankruptcy of the debtor and his liquidation
Term for the application of the requirements of the creditors and objections
is underlined
The creditors against liquidation of the debtor, which can not be less
Two months from the moment of the publication of the specified announcement.
2. The chief of the debtor is obliged to consider the requirements
The creditors to include them in the register of the requirements of the creditors and to begin to
To accounts with the creditors in the order stipulated by the chapter VI of the present
The federal law, except for those Rules of the specified chapter,
Which adjust activity of arbitration court during competitive
Manufactures.
3. At liquidation of the debtor of a duty of the competitive manager
The chairman of a liquidating commission (liquidator) executes.
Clause 183. Objections of the creditors against liquidation of the debtor
1. At presence of written objection even of one creditor
The debtor against liquidation of the debtor the chief of the debtor is obliged
To address to arbitration court with the application for a recognition of the debtor
By the bankrupt in fortnight term from the moment of Ending term for the application
The requirements of the creditors and objections of the creditors against liquidation
The debtor.
2. Any of the creditors of the debtor at any moment before end
Procedures of liquidation of the debtor can address to arbitration court with
By the application for a recognition of the debtor by the bankrupt.
Clause 184. the Responsibility for infringement about
Liquidations of the debtor
In case of infringement of the requirements stipulated by clauses 181-183
The present Federal law, concealment by the debtor of property,
Illegal transfer by him of the property to the third persons the proprietor
Property of the debtor - unitary enterprise, founders (participants)
The debtor, chief of the debtor carry before the creditors
The responsibility at a rate of the unsatisfied requirements of the creditors.
The specified requirements of the creditors can be presented during
Ten years from the moment of liquidation of the debtor.
the CHAPTER XII. FINAL And TRANSITIVE RULES
Clause 185. Introduction in action of the present Federal law
1. The present Federal law is commissioned with
March 1, 1998.
2. Rule about bankruptcy of the citizens who are not being individual
By the businessmen stipulated by the present Federal law,
Are commissioned from coming into force of the federal law about
Entering of respective alterations into the Civil code Russian
Federations.
3. Rule about licensing activity arbitration
The managers stipulated by clause 19 present Federal
The law are commissioned since March 1, 1999. Before introduction in
Action of the specified Rules of the persons who have received when due hereunder
The certificate of the expert on anticrisis management, can be nominated
By the arbitration managers also can be registered in appropriate
Arbitration court.
4. In a case непредставления to arbitration court in the order.
Established by the present Federal law, nominee arbitration
The manager the arbitration court has the right to nominate arbitration
The manager from among the employees of a state organization on businesses about
Bankruptcy and financial improvement on presentation of last.
Clause 186. Regulation of the Attitudes connected to bankruptcy
1. To recognize lost force the Law of Russian Federation " About
Inconsistencies (bankruptcy) of the enterprises " (Sheet of Congress
The national deputies of Russian Federation and Supreme organization Russian
Federations, 1993, N 1, item 6).
2. Pending reduction of the laws and other legal acts ,
The Russian Federation, working in territories, in conformity with
By the present Federal law the laws and other legal acts are applied
So far as, as they do not contradict present Federal
To the law.
3. To offer to the President of Russian Federation to result issued
By him the legal acts in conformity with the present Federal law.
4. To charge Government of Russian Federation:
To result the legal acts issued by him in conformity with hereby
By the federal law;
To accept the legal acts ensuring realization of the present
The federal law.
5. Can not be recognized by the bankrupts in the order stipulated
By the present Federal law, unitary enterprises which have been not based on
The state or municipal property, to which are applied
Norms about the state enterprises according to item 5 of clause 6
The federal law " About introduction in action of a part by first Civil
The code of Russian Federation " (Assembly of the legislation Russian
Federations, 1994, N 32, item 3302).
Clause 187. Application of the present Federal law
By arbitration courts
1. The present Federal law is applied by arbitration courts
At disposal of legal proceeding about bankruptcy, manufacture on which is exited
Since March 1, 1998.
2. Procedure of bankruptcies stipulated present Federal
By the law: external management, competitive manufacture and world(global)
The agreement, - can be entered by consideration by arbitration courts
Businesses about bankruptcy after March 1, 1998 irrespective of date of acceptance
The specified businesses to manufacture. In this case further consideration
Businesses about bankruptcy is carried out according to hereby
By the federal law.
Clause 188. Bankruptcy of organizations which are carrying out
Illegal activity on attraction
Money resources of the citizens
1. Organizations which are carrying out illegal activity on
To attraction of money resources of the citizens, are subject the liquidations in the order,
Stipulated by the paragraph 1 of the chapter Х of the present Federal law, with
By features stipulated by present clause.
2. Application for a recognition of organization which is carrying out illegal
The activity on attraction of money resources of the citizens, bankrupt can
To be sent in arbitration court by the debtor, creditors, public prosecutor,
By state bodies authorized according to
With the federal laws to work in protection state and
Public interests.
3. Liquidation of organization which is carrying out illegal activity
On attraction of money resources of the citizens, and satisfaction of the requirements
her creditors can be made only during competitive
Manufactures.
4. Satisfaction of the requirements of the creditors of organization.
Carrying out illegal activity on attraction of money resources
The citizens, is made in the order stipulated by item 1 of clause 64
The civil code of Russian Federation for bankruptcy credit
Organizations.
5. In case of insufficiency of property of the debtor - organization,
Carrying out illegal activity on attraction of money resources
The citizens, for satisfaction of the requirements of the citizens - investors the chiefs
The debtor - organization which is carrying out illegal activity on
To attraction of money resources of the citizens, and founders (participants)
The debtor - organization which is carrying out illegal activity on
To attraction of money resources of the citizens, solidary carry backing
The responsibility under the requirements of the citizens - investors.
Clause 189. Features of bankruptcy of separate categories of the debtors
Features of realization of procedures of bankruptcy concerning the subjects
Natural monopolies and organizations - participants
Financial and industrial groups can be established federal
By the laws on natural monopolies and financial and industrial groups.
The president of Russian Federation B.Eltsin
N 6-ФЗ (FZ)
January 8, 1998