Section 26. Remuneration for Judicial Manager
On insolvency (LRU-763-son) · Date: 12.04.2022 · In force
The amount and procedure for paying remuneration to a judicial manager for the performance of their function shall be established by the meeting of creditors, based on the amount of work performed, and approved by the court and paid out of the debtor's property, unless otherwise provided by agreement with creditors.
An applicant who has filed an application with the court for initiating insolvency proceedings against a natural person shall transfer to the deposit account of the court in advance funds in the amount of seven times the minimum size of labor payment for the payment of remuneration to the financial manager.
The funds transferred to the deposit account of the court shall be reimbursed at the expense of the property of the debtor, who is a natural person in the process of insolvency of a natural person in the manner prescribed by part two of Article 221 of this Law. In the absence of property of the debtor — a natural person, the remuneration to the financial manager shall be limited with the funds transferred by the applicant to the deposit account of the court, unless otherwise agreed at the meeting of creditors.
When applying the simplified insolvency procedure, unless otherwise agreed with the debtor, the costs of paying remuneration to the judicial manager shall be reimbursed by the applicant who has filed an application against the debtor to initiate insolvency proceedings. In this respect, an advance payment in the amount of seven times the minimum size of labor payment shall be made to the deposit account of the court to pay remuneration to the judicial manager. The judicial manager shall be paid remuneration for each completed case.
When insolvency is applied to a natural person and (or) the simplified insolvency procedure at the request of the state tax authority, the costs of paying remuneration to the judicial manager shall be reimbursed by the state tax authority that filed the application with the court at the expense of the State budget. In this respect, the amount of remuneration paid to the judicial manager shall be established by acts of legislation and paid in the manner prescribed by this Article.
If the costs of paying the remuneration to the judicial manager are not transferred to the deposit account of the court, the court shall return the application for initiating insolvency proceedings against the debtor.
When the debtor, who is a natural person applies to the court with an application to recognize them as insolvent, the court may postpone the transfer to the court's deposit account of the remuneration paid to the financial manager.
