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Under the joint ministerial decision, debtors of outstanding claims have the opportunity to rectify and complete the original application that they have submitted for inclusion in the facility or may request the deletion of the application and its new submission in order to include debts, created in 2017. Joint ministerial decision to be published in the Government Gazette in the near future and will enter into force
The following issues are governed by the Joint Ministerial Decision:
( 19459004) · The details of the application can be completed if the debtor, the coordinator or the participating creditor notes the absence, until the deadline is reached
· In l '. absence of the debtor or the participating creditor is informed by the coordinator, which sets a deadline of 10 days for the realization of the default by the debtor, unless the absence does not constitute a debtor default, the deadline is thus set at 20 days
. I (19459004) Request for Examination Procedure
At any time during the negotiation process, the parties involved (the debtor, the debtor, the debtor, the creditor, the debtor, the debtor,, participating creditors, expert) may submit a request for extension of the legal deadline. The application includes:
(a) the specific action for the period for which the extension is sought
(b) the extension and
(c) the reasons for the extension, which must be accompanied by the supporting documents
Possibility to register the application and submit it again
If, during the proceedings and until the creditors submit counterclaims, it is found that there are irregularities or errors in the application be corrected by introducing f and / or their modification in the electronic platform of an out-of-court settlement mechanism, the debtor may, following a written request addressed to the Special Secretariat for the Management of Private Debt, delete its request by submitting it to the electronic platform
; the deletion of the request does not result in the loss of the applicant's basic data (VAT number, name, address) which are still stored on the electronic platform, nor the unique number received by the request, which is always attached to the application and after the filing of the application
The coordinator informs the debtor, as soon as he has knowledge of irregularities or errors and in any event without writing the procedural failure of the procedure, notify the creditors of the existence of such irregularities or faults and invite the debtor to proceed within 10 days of sending a request to strike the application and resubmit it
. a decision on the non-existence of the possibility of correcting the error and / or the irregularities in another way and decides on the deletion of the application and its new presentation, and may decide, at its discretion; reasonable discretion, delay for the debtor
· By the same procedure, the debtors of the pending applications may request the surrender of the application and its new presentation in order to include the debts that make it Purpose of a settlement, that is to say the debts that were contracted
New deadlines
The completion of the check of completeness of the application and the correction of the request by the coordinator will be reactivated. The coordinator's accompanying documents must be established within 10 days of the acceptance of his appointment. The coordinator must complete the required percentage of the quorum of participating creditors within five days after the expiration of the ten days following notification of the creditors' appeal. The deadline for the invitation of participating creditors to vote on the initial proposal for settlement of the debtor is set at 5 days after the deadline for submitting counterclaims.
Deadline for submission of additional information
The deadline for submission of additional supporting documents is fixed within 5 days of the submission of the corresponding application to the debtor by the participating creditor. The debtor's refusal to provide them, if requested by a participating creditor representing a percentage of the total claims against the debtor of less than 25%, may be expressed within this five-day period. In case of disagreement, and if 60% of the creditors decide to submit the paper, the debtor is granted a new period of 5 days from the notification of the majority decision by email to the debtor. If the debtor again refuses, the procedure is deemed closed and the coordinator draws up a report of the failure of the procedure within ten days of the debtor's refusal.
Ongoing claims and waiver of the debtor
The debtor at any time of the proceedings the end of the vote of a restructuring agreement may terminate his current claim for any reason whatsoever. Subsequently, the EPGIH suspends the application on the electronic platform, however, the debtor's data are still kept for 3 years
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