Section 46. Initiation of Insolvency Case

The judge shall decide the issue of accepting an application for initiating insolvency proceedings against the debtor or refusing to accept or return an application for initiating insolvency proceedings no later than five days from the date of receipt of the application.

The judge shall accept for proceedings an application for initiating a case on the insolvency of the debtor, filed in compliance with the requirements of the Economic Procedure Code of the Republic of Uzbekistan and this Law.

When accepting an application for initiating proceedings on the insolvency of the debtor, the judge may issue a ruling on the introduction of a monitoring procedure and the appointment of a temporary manager.

The court ruling on initiating an insolvency case shall be sent by the court to the state tax bodies and other authorized bodies, to the state executor at the location (residence) of the debtor. The debtor — a legal entity shall be obliged to send copies of the ruling on initiation of a case on its insolvency to the indicated persons (bodies) at the location of the representative offices and branches of the debtor.

The judge shall refuse to accept for proceedings an application for initiation of insolvency proceedings against the debtor if the condition provided for by paragraph one of Article 37 of this Law is violated.

The judge shall return the application for initiation of insolvency proceedings against the debtor, if the application does not meet the requirements provided for in Articles 39 — 45 of this Law. In cases where filing an application is mandatory for the head of the debtor and the application is not accompanied by the documents provided for in Article 40 of this Law, such an application shall be accepted by the court, and the missing documents shall be requested within the procedure of preparation of the insolvency case for court proceedings.