Obligations of the debtor in liquidation

Wednesday, 29 August 2012 13:56 administrator
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We call on the head of the business organization under liquidation to comply with his obligations under § 31 of the Cstv. Within this, the debtor must prepare a closing inventory and an annual report (simplified annual report) the day before the commencement date of the liquidation and submit it to the liquidator and the tax authority within 30 days of the commencement date of the liquidation. it gives a true and fair view and the changes in the debtor's financial position since the balance sheet was received.

It is also pointed out that the 1991 IL. Pursuant to Section 26 (5) of the Act, the debtor is obliged to set aside a provision of at least HUF 100,000, ie one hundred thousand forints, for the costs of the liquidation after receiving the 1st degree order ordering the liquidation (until the order becomes final). A Cstv. Pursuant to Section 31 (1) (i), the head of the business organization under liquidation is obliged to make the HUF 100,000 allocated to the liquidator available within 30 days after the commencement date of the liquidation.

Please transfer or pay the amount to our company 11743002-20197519 from OTP Bank NYrt. s. to the bank account of the debtor, indicating the name of the debtor's business entity, so that we can then transfer it to the bank account to be opened in the debtor's name.

If there are any obstacles to the transfer or payment, please indicate this.

The head of the business organization under liquidation shall prepare a list of documents that cannot be scrapped and classified and hand them over to the liquidator according to the inventory, archival material and assets, provide information on ongoing cases and procedures, and declare that all fulfilled its obligation to hand over the property or document.

In addition, the debtor is obliged to provide the liquidator with the information in all cases where the Cstv. § 40 (1) and (2) as well as on the legal transaction or commitment.

The debtor's representative shall also make a statement to the liquidator and the competent environmental inspectorate within 15 days from the commencement date of the liquidation as to whether any environmental damage, environmental charges, of which a fine or other liability, or necessary expenditure may arise.

In addition to the above, the representative of the debtor company is obliged to provide information on the debtor's pre-liquidation activities at the request of the liquidator and to facilitate the liquidator's activities.

The representative of the debtor is obliged to immediately inform the employees and the members of the cooperative, as well as the trade unions specified in § 18 of the Labor Code, the works council (plant agent) about the order of liquidation;

on the ordering of liquidation, the Cstv. The holders of the claims specified in Section 57 (1) (c) / shall be informed within 15 days after the commencement date of the liquidation.

The head of the debtor entity shall also disclose the names of all financial institutions that maintain its accounts and the number of accounts held there, as well as the real estate registration data of the real estate owned by the entity.

The liquidator draws the attention of the head of the debtor's business organization to the fact that if he fails to comply with legal obligations by the specified deadlines, provides false information or does not contact the liquidator, the court shall, pursuant to Section 33 (1) of the Cstv. up to 50% of his or her income in the year preceding the commencement date of liquidation, or if his or her income cannot be determined, he or she may be fined up to HUF 2,000,000, even if he or she is no longer employed by the debtor or has ceased to be a senior official .

A member of the debtor business organization with at least a majority stake (§ 685 / B of the Civil Code) (in the case of a sole proprietorship, a member in the case of a Hungarian branch of a foreign-based company) shall be liable for the payment of the fine and costs determined in the above manner. An undertaking established abroad may not fulfill its payment obligation arising from that guarantee obligation out of the assets made available to the branch.

Last Updated on Tuesday, 27 January 2015 09:25  

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