Article 96. Consequences of Introduction of Judicial Rehabilitation Procedure
On insolvency (LRU-763-son) · Date: 12.04.2022 · In force
When carrying out the judicial rehabilitation procedure, the debtor's management bodies shall exercise their powers with the restrictions established by this Chapter.
At the time of the introduction of the judicial rehabilitation procedure:
previously taken measures to secure the claims of creditors shall be cancelled;
seizure of the debtor's property and other restrictions on the debtor's powers to dispose of the property belonging to it shall be imposed exclusively within the framework of the insolvency procedure;
payment of all types of current tax payments arising in the course of insolvency (with the exception of taxes on wages and payments equivalent to it) shall be suspended and paid after the expiration of the judicial rehabilitation procedure. In this case, the said tax debts shall be payable in equal installments within six months from the date of approval by the court of the report of the rehabilitation manager and the ruling to terminate the insolvency proceedings against the debtor;
forfeit (fine, penalty) and other economic (financial) sanctions for non-fulfillment or improper fulfillment of monetary obligations and for taxes and fees that arose at the time of the judicial rehabilitation procedure, as well as payable interest shall not be accrued.
Interest shall be accrued on the amount of the creditor's claims for monetary obligations and (or) taxes and fees subject to satisfaction in accordance with the debt repayment schedule in the manner and amount provided for in Article 327 of the Civil Code of the Republic of Uzbekistan. These interest shall be subject to accrual on the amount of the creditor's claims from the moment a court ruling on the introduction of judicial rehabilitation is issued and until the creditor's claim is paid off, and if such repayment has not occurred, until the decision is adopted to declare the debtor bankrupt and start liquidation proceedings.
At the petition of the meeting of creditors, persons who provided security for the fulfillment of obligations, or the rehabilitation manager, which contain information about the failure or improper performance by the head of the debtor of the plan of judicial rehabilitation or about the commission of actions (inaction) that violate the rights and legitimate interests of the debtor, creditors, persons who provided security fulfillment of obligations, the court shall have the right to remove the head of the debtor from the performance of duties. In these cases, the court shall have the right to assign the performance of the duties of the head of the debtor to the rehabilitation manager. The court shall issue a ruling on the removal of the head of the debtor from the performance of duties, which may be appealed (protested).
