Article 81. Restriction of Debtor's Rights during Monitoring Procedure
On insolvency (LRU-763-son) · Date: 12.04.2022 · In force
The introduction of a monitoring procedure shall not be grounds for dismissal of the head of the debtor and other management bodies of the debtor which shall continue to exercise their powers with the restrictions established by parts two and three of this article.
The debtor's management bodies may only with the written consent of the temporary manager conduct:
transactions related to the transfer of immovable property for rent, pledge or disposal of such property in any other way;
major transactions;
transactions related to the receipt and issuance of loans (credits), the issuance of sureties and guarantees, the assignment of claims, the transfer of debt, as well as the conclusion of an agreement on fiduciary management of the debtor's property.
The debtor's management bodies shall not be entitled to adopt decisions:
on reorganization (merger, accession, division, separation, transformation) and liquidation of the debtor;
on the creation of legal entities or on participation in other legal entities;
on the opening of representative offices and the creation of branches;
on payment of dividends or distribution of income (profit) of the debtor between its founders (participants);
on the placement by the debtor of bonds and other issuance papers, with the exception of the decision to issue shares;
on the acquisition of previously issued shares from shareholders.
