To creditors arbitration managing directors have allowed to establish the size of payment of compensation to the arbitration managing director
this year can improve the financial position considerably. Law N 296 - FZ " has come into force; About modification of the Federal law “ About an inconsistency (bankruptcy) “ which improves procedure of an inconsistency and regulates questions of activity of arbitration managing directors. The given document has been signed by the president in penultimate day of the expiring year and for many participants of the market became a New Year`s surprise. Amendments, according to experts, as a whole have positive character and should please all participants of procedure of bankruptcy, creditors, the enterprises - to bankrupts and, the most important thing, to arbitration managing directors. Because from them, according to experts, depends, how many money the creditor will receive and whether will receive them in general.
Now, by data minekonomrazvitija, the percent of satisfaction of requirements of creditors is lowest. In Russia it averages 28 percent whereas in Great Britain, for example, this figure makes 85 percent. Besides it, according to the experts, we occupy today only 81 - e a place in the world by criterion of convenience of closing of business. So, if in Australia on the average business can be closed for a year at us on it leaves three with superfluous year.
Experts connect such deal has put with work of arbitration managing directors, to be exact, with its compensation.
Has put all that the current legislation about bankruptcy does not connect the rate of commission, paid to the arbitration managing director, with results of their work. The minimum sum which is deducted to the arbitration managing director, under the law at bankruptcy of the enterprise, makes 10 thousand roubles. As a result bankruptcy, according to many creditors, turns in “ self-supporting procedure “ directed on the maintenance of the arbitration managing director and its command. Thus to creditors business, as a rule, does not reach repayment of debts.
arbitration managing directors consider that rate of commission often remains inadequately low and does not reflect real expenditures of labour at carrying out of procedures of bankruptcy. There is no money, means, and there is no stimulus to make the work well. That the arbitration managing director did not have a temptation to earn money the left way, it is necessary to raise the size of payment.
In reply to this statement some experts and participants of the market answer that first of all it is necessary to raise not the size of payment of the arbitration managing director, and control over its activity, moreover, it is necessary to enter their financial responsibility. Because in practice constantly there are cases when the arbitration managing director appointed to the enterprise after its bankruptcy, does not try to rescue as the doctor the fallen ill enterprise from illness, and sells all its property. It thus enters arrangement to other businessmen, and property disperses for copecks. As a result both the enterprise suffers, and creditors who were not in time to a pie.
the New law puts an end in these disputes. Now the meeting of creditors is allocated with additional powers, and the first that creditors have the right to do, it to establish the size and an order of payment of extra fee to the arbitration managing director, and also to increase the size of the fixed sum of its compensation. In exchange the law corrects requirements to arbitration managing directors, a procedure them of activity, and also questions of property responsibility of arbitration managing directors are regulated.
As Elena Poleonova, the partner of legal bureau " marks; Olevinsky, Bujukjan and partners “ changes the set is brought in the law on bankruptcy, but there are cores. So, the order of excitation of business about an inconsistency became easier - now the initiator of procedure of bankruptcy does not have necessity to address in service of court enforcement officers, there is enough judgement about debt collecting, the expert speaks. The conflict between requirements of citizens before which the bankrupt has debts under the salary or whose health is partially resolved harm (socially significant creditors) is done, and requirements of mortgaging creditors - from 15 to 20 percent of cost of a subject of pledge will go now on repayment of debts under the salary and a damage of life and health. Besides, the limit of expenses for procedure of bankruptcy in percentage of competitive weight therefore, Elena Poleonova considers is defined, at creditors has appeared more chances to have satisfaction of the requirements. Besides it terms of competitive manufacture are changed - under the new law the court enters this procedure for the term up to 6 months (before initial term was 1 year) that will help to cut down essentially unreasonable expenses, the expert marks.
Azat Esekeev, legal adviser UK “ Independent directors “ considers that the amendments brought by the law, it is possible to divide into some categories. One changes have technical character. For example, under the text of the law of a word “ bankruptcy procedure “ are replaced with words “ the procedure applied in business about bankruptcy “. Other changes specify requirements to arbitration managing directors and meetings of creditors concern. So, for example, now the representative of the self-adjustable organisation which member is the arbitration managing director confirmed in business about bankruptcy, and the representative of body on control (supervision) has the right to participate in meeting of creditors without a vote also. Or, for example, the competitive creditors, which requirements are provided by pledge of property of the debtor, have the right to vote at meetings of creditors during supervision, and also during financial improvement and external management in default from realisation of a subject of pledge or removal by definition arbitration court about refusal in satisfaction of the petition for realisation of a subject of pledge during the corresponding procedure applied in business about bankruptcy.
As a whole, according to the expert, amendments have positive character, and it is necessary to hope that practice of their application will do good.