Not so long ago, the Russian government adoptedbill on bankruptcy or insolvency. persons. This procedure is complex and multi-stage. In the process of recognizing the insolvency of a citizen, according to this law, a financial manager must participate. What powers does he have and what effect does he have on the bankruptcy procedure?
It's no secret that many of us take in banksloans for various purposes. Often there are such vital circumstances in which further debt repayment becomes impossible. For a long time this problem was unsolvable - banks filed a lawsuit against debtors, police officers were used to collect money. Last year, the situation radically changed: economic disputes consolidated the arbitration courts, an insolvency or bankruptcy law was passed. persons.
The law defines three stages of this procedure. These include:
Submit an application to the arbitration court with a statement onthe bankruptcy can be recognized by the citizen himself, the credit organization or the tax service. The amount of debt should be over half a million rubles. From the moment of the formation of this debt, 90 days must pass. To the application it is necessary to attach an inventory of property, copies of documents on transactions over 300,000 rubles, certificates of payment of taxes, income.
Debt restructuring as a procedure is introducedafter the recognition of the application of a natural person is justified. Realization of property can be carried out if the restructuring of the debt has not yielded results. In this case, the citizen is declared bankrupt. An amicable settlement can be signed at any stage of the procedure.
The financial manager is appointed by the court at onceafter considering the application of the citizen on insolvency. This person must meet the requirements of Russian law. The manager conducts the entire bankruptcy procedure - from gathering information about the debtor's property to the implementation of the bankruptcy estate - and acts as an independent person reporting the position of each of the parties to the process.
So, the financial manager at bankruptcy of physical persons comprehensively accompanies all stages of the given procedure, that is:
In fact, its role is to mediatebetween the entities involved in the procedure for recognizing bankruptcy, and submitting their positions in court. Moreover, the financial manager supervises the process of disposing of the property of a citizen and gives consent for the performance of various transactions with him in order to comply with the interests of credit institutions and the debtor. Both the debtor and the creditors have the right to nominate a manager. As a rule, the manager, nominated by creditors, primarily protects their interests. Therefore, it makes sense for debtors to choose their own manager who will do their best to defend their position.
According to the law on bankruptcy, there are conditions that must be satisfied by the financial manager. The requirements are as follows:
The manager needs to have a license forthe implementation of their activities, as well as higher professional education in economic or legal specialties. An obligatory condition for the activity of the manager is the insured liability for causing damage to the parties of the process.
Financial manager in bankruptcy.persons is usually chosen from the employees of the arbitration court. In a petition for bankruptcy proceedings, a citizen must indicate a self-regulating organization (SRO) and a specific person who will act as financial manager, but the decision on his appointment will be taken by the court. Without an indication of the self-regulatory organization, the application is not considered. The person who will be appointed can not be calculated, since the manager is selected from all members of the organization. It is important to note that the applicant, the creditor or the debtor, is entitled to choose the SRO and a specific candidate.
The financial manager at bankruptcy rendersservices for a fee. A citizen who declares himself bankrupt, independently pays for these services and is obliged to pay a fixed amount of 10,000 rubles to the judicial deposit. This amount is the cost of the procedure itself. It is also necessary to pay the manager 2% of the amount of the debt repaid or from the money received in the course of selling the property of the bankrupt. At the discretion of the creditors' meeting, the amount of this remuneration may be increased, if necessary. The monetary compensation is given out at a time only after the bankruptcy procedure is over, and interest is paid after the settlements with the counterparties have ended and the funds are transferred to their accounts. If the manager demands payment of any additional services from the debtor citizen, these actions are considered illegal. The bankrupt can file a complaint with the court.
The federal law on the bankruptcy of individuals entitles the financial manager to a number of rights, namely:
The manager at bankruptcy of the physical person has also a number of duties, such as:
The financial manager at bankruptcy of physicalpersons are entitled to access to all sources of information, which in one way or another are connected with the bankruptcy of a particular citizen. Such information includes information about movable and immovable property and its location, as well as the property rights and obligations of the debtor, extracts from registers, databases.
The duty of a bankrupt citizen isproviding this information for its subsequent consideration by the financial manager within 15 days after the request. If this information is not provided by the bankrupt, the financial manager has the right to claim them in court.
The debtor is obliged to provide information about allobjects of movable and immovable property in his possession. Hiding this information from the financial manager and creating obstacles to obtaining it entails the responsibility of the citizen in accordance with this law.
If the manager has received information relating tocommercial, service, banking or other information that is protected by law, it can not be divulged. If this happens, it bears civil or administrative, and in some situations, criminal liability, and undertakes to repair damages.
Remove a specific person who appears in therole of financial manager, it is possible. This can happen on the initiative of any party within the framework of the bankruptcy process, the decision on dismissal is approved by the court. In this case, there is a replacement. The initiative can come from the very manager or the self-regulating organization.
The reason for dismissal may be improper performance of the work, when:
Thus, the financial manager is an importantfigure in the process of bankruptcy of an individual. He has access to all information relating to the debtor's property. Therefore, concealing this information is considered illegal. The rights, duties of the financial manager are established by the law on bankruptcy. The manager is an independent person involved in bankruptcy, which provides its services only on a fee basis.