Pravne možnosti upnikov v postopku prisilne poravnave nad srednjo in veliko družbo

slovenian

2014

volume 40, issue 6/7

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The article addresses creditors' proposal for instituting compulsory settlement proceedings against the debtor which, according to Article 55 of the Slovenian Companies Act (ZGD-1), meets the criteria of a medium or large company. In this context, the issues surrounding the following topics are addressed: the formation of a creditors' committee in the compulsory settlement proceedings, appointment of the debtors' authorised representative, casting vote in the compulsory settlement proceedings and the delegation of powers to manage the debtors' business to creditors. The article briefly clarifies the main novelties introduced into insolvency proceedings by the amending act to Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act ZFPPIPP-F, whose primary purpose was to enable the framework for the restructuring of the Slovene economy. The amending act raises some questions that might arise in the practice of insolvency proceedings and which will have to be decided in the courts' case-law.

19.01.2017