6 Amendments of József SZÁJER related to 2012/0360(COD)
Amendment 71 #
Proposal for a regulation
Article 1 – point 21
Article 1 – point 21
Regulation (EC) No 1346/2000
Article 2 – point g
Article 2 – point g
(g) “establishment” means any place of operations where the debtor carries or carried out a non-transitory economic activity with human means and assets;
Amendment 80 #
Proposal for a regulation
Article 1 – point 34
Article 1 – point 34
Regulation (EC) No 1346/2000
Article 29a – paragraph 1
Article 29a – paragraph 1
1. The court seized of a request to open secondary proceedings shall immediately give notice to the liquidator in the main proceedings and give him an opportunity to be heard on the requestopen a temporary local proceeding and appoint a temporary local insolvency practitioner. The court shall within one working day provide for the publication of the request itself, and of the temporary stay of payment with immediate effect in the insolvency register. The court shall immediately give notice to the insolvency practitioner in the main proceedings.
Amendment 81 #
Proposal for a regulation
Article 1 – point 34
Article 1 – point 34
Regulation (EC) No 1346/2000
Article 29a – paragraph 1 – subparagraph 1 a (new)
Article 29a – paragraph 1 – subparagraph 1 a (new)
In order to ensure the efficient administration of the estate, the powers of the temporary insolvency practitioner are restricted. Disposition of the debtor's assets by the temporary insolvency practitioner is subject to approval by the insolvency practitioner in the main proceedings.
Amendment 82 #
Proposal for a regulation
Article 1 – point 34
Article 1 – point 34
2. Upon request by the liquidatoto be submitted within 3 weeks after the publication by the insolvency practitioner in the main proceedings, the court referred to in paragraph 1 shall postpone the decision of opening or refuse to open secondary proceedings if the insolvency practitioner in the main proceedings provides sufficient evidence that the opening of such proceedings is not necessary to protect the interests of local creditors, in particular, when the liquidator in the main proceedings has given the undertaking referred to in Article 18 (1) and complies with its terms.
Amendment 83 #
Proposal for a regulation
Article 1 – point 34
Article 1 – point 34
Regulation (EC) No 1346/2000
Article 29a – paragraph 2 a (new) – subparagraph 1
Article 29a – paragraph 2 a (new) – subparagraph 1
2a. In order to avoid the opening of secondary proceedings, the insolvency practitioner in the main proceedings may give an undertaking ("the undertaking") that the distribution and priority rights which local creditors would have had if secondary proceedings had been opened will be respected in the main proceedings. The undertaking shall be made in the official language or one of the official languages of the Member State where secondary proceedings could have been opened. The undertaking shall be subject to the form requirements, if any, of the State of the opening of the temporary local proceeding and shall be binding on the estate as long as secondary proceedings have not been opened in the Member State referred to in paragraph 1.
Amendment 84 #
Proposal for a regulation
Article 1 – point 34
Article 1 – point 34
Regulation (EC) No 1346/2000
Article 29a – paragraph 2 a (new) – subparagraph 2
Article 29a – paragraph 2 a (new) – subparagraph 2
The court referred to in paragraph 1 shall prolong the appointment of the temporary local insolvency practitioner for the purpose of participating in the implementation of the undertaking if it is necessary for the protection of the interests of local creditors.