ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of February 18, 2020 No. 593/5

About procedure for submission of obligatory data (information) by arbitration managers

According to paragraph one of Item 5 parts two of Article 12, of part two of article 31 of the Code of Ukraine on insolvency proceedings, the subitem of 1 Item 3,   ORDER to Item 10 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228,:

1. Approve such which are applied:

Procedure for submission by arbitration managers of obligatory data (information) on the debtor and course of production on the case of bankruptcy (insolvency);

form No. 1 "The notification on opening of proceeedings on bankruptcy of the debtor - the legal entity";

form No. 2 "The notification on condition of proceeedings on bankruptcy of the debtor - the legal entity";

form No. 3 "Notification on repayment of requirements of creditors for debt repayment on the salary";

form No. 4 "Notification on the size of requirements of creditors and condition of settling with them";

form No. 5 "The notification on financial condition of the debtor - balance sheet asset";

form No. 5.1 "The notification on financial condition of the debtor - balance liability";

form No. 5.2 "Notification on financial results (notification on comprehensive income)";

form No. 5.2.1 "The notification on financial results (for small enterprise)";

form No. 5.2.2 "Notifications on financial results (for the microcompany)";

form No. 5.3 "Notification on the assets included in structure of liquidating weight";

form No. 6 "Notification on considerable transactions or transactions with interest";

form No. 7 "Notification on the debtor's debtors";

form No. 8 "Notification on encumbrance of property of the debtor";

form No. 9 "Notification on carrying out creditor meeting and creditor committee";

form No. 10 "Notification on condition of proceeedings on insolvency of physical person / physical person entrepreneur";

form No. 11 "Notification on closing of proceeedings";

form No. 11.1 "Notification on renewal of proceeedings";

form No. 12 "Notification on the arbitration manager";

form No. 12.1 "the Notification on activities of the arbitration manager and data on participation in the automated selection.

2. Recognize invalid orders of the Ministry of Justice of Ukraine:

of January 18, 2013 No. 129/5 "About some questions of maintaining and representation to arbitration managers (the manager of property, the managing director of sanitation, the liquidator) of the statistical reporting, the operational reporting and information on the activities", registered in the Ministry of Justice of Ukraine on January 22, 2013 for No. 158/22690 (with changes);

of January 18, 2013 No. 130/5 "About procedure for representation by arbitration managers (managers of property, managing directors of sanitation, liquidators) of obligatory data (information)", registered in the Ministry of Justice of Ukraine on January 21, 2013 for No. 148/22680 (with changes);

the paragraph the fourth ceased to be valid according to the Order of the Ministry of Justice of Ukraine of 24.05.2024 No. 1560/5

3. To management of justice and punitive justice (Oleynik A.) submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

4. To the state company "National Information Systems" (Berezhnaya A.) till June 01, 2024 to provide technical and technological capability of introduction of information provided according to the forms of submission of obligatory data approved by this order in the Unified register of debtors concerning whom proceeedings about bankruptcy (insolvency), and the Unified register of arbitration managers of Ukraine are open.

5. This order becomes effective from the date of its official publication, except Item 2, which becomes effective since June 01, 2024.

6. To impose control of execution of this order on the deputy minister Kolomiyets V.

 

It is approved: CEO of the state company "National Information Systems"

A. Berezhnaya

Approved by the Order of the Ministry of Justice of Ukraine of February 18, 2020 , No. 593/5

Procedure for submission by arbitration managers of obligatory data (information) on the debtor and course of production on the case of bankruptcy (insolvency)

I. General provisions

1. This Procedure 5 parts two of Article 12, of part two of article 31 of the Code of Ukraine on insolvency proceedings for the purpose of the correct filling with arbitration managers of forms of notifications who contain data (information) on the debtor and course of production on the case of bankruptcy (insolvency) (further - forms of obligatory data), and proper representation of forms of obligatory data and text files with information on the debtor and course of production on the case of bankruptcy (insolvency) in the Unified register of debtors concerning whom proceeedings about bankruptcy (insolvency) and the Unified register of arbitration managers of Ukraine are open are developed according to paragraph one of Item. This Procedure contains the description of technique of filling of fields of forms of obligatory data.

2. Forms of obligatory data and their content are developed taking into account provisions of the Code of Ukraine on insolvency proceedings, orders of the Ministry of Finance of Ukraine of February 7, 2013 No. 73 "About approval of the National provision (standard) of the financial accounting 1 "General requirements to the financial reporting" registered in the Ministry of Justice of Ukraine on February 28, 2013 for No. 336/22868 (with changes), of February 25, 2000 No. 39 "About approval of the National provision (standard) of the financial accounting 25 "The simplified financial reporting" registered in the Ministry of Justice of Ukraine on March 15, 2000 for No. 161/4382 (with changes), and other regulatory legal acts concerning implementation of insolvency proceedings and activities of the arbitration manager.

3. Forms of obligatory data move arbitration managers through electronic office of the arbitration manager for the purpose of disclosure of information about the debtor and course of production on the case of bankruptcy (insolvency) on the specialized page of the website of Ministry of Justice.

4. The form of obligatory data is considered its qualified digital signature of the arbitration manager submitted from the moment of signing using means of the qualified digital signature or seal which have the built-in hardware and software providing protection of the data which are written down on them against unauthorized access, against direct acquaintance with parameter value of personal keys and their copying which are compatible to the software of electronic office of the arbitration manager.

II. Filling of fields, general for all or several forms of obligatory data

1. All forms of obligatory data are filled and move without fail in the terms specified in appendix to this Procedure depending on production stage on the case of bankruptcy (insolvency), making of legal proceedings and execution by arbitration managers of other obligations according to the legislation.

2. Forms of obligatory data shall contain complete and reliable information.

In case of incorrect filling of one or several fields of form of obligatory data or filling without observance of requirements of this Procedure signing of such form with the qualified digital signature is impossible.

3. Information of rather personal data of creditors and investors provided by forms of obligatory data is provided to arbitration managers only on condition of obtaining at this creditor or the investor of consent to processing of personal data according to the Law of Ukraine "About personal data protection".

In case of lack of such consent the personal data concerning creditors and investors provided by forms of obligatory data are not subject to provision about what the arbitration manager makes the entry "Consent to Processing of Personal Data Is Not Provided" in the respective field of form of obligatory data which provides such data.

Personal data of the debtor - physical person or the debtor - physical person entrepreneur, provided by forms of obligatory data, are provided by such debtors in the declaration on property condition of the debtor in the case of insolvency.

4. Obligatory data (information) for which frequency of representation monthly is established are subject to representation as of the last day of month under report.

5. The listed obligatory data (information) are considered as new obligatory data (information), urgent until their updating.

6. The majority of forms of obligatory data contain fields which are filled by the following rules:

fields which name contains amendments" (for legal entities)" "(for physical persons)", "(for physical persons entrepreneurs)", are filled only concerning the legal entity, physical person or physical person entrepreneur respectively;

during filling of the field "Month for Which Information Is Provided (_____________ 20 ___ Years)" in case of provision of information not for complete month (for example, in case of representation of form within 10 days from the date of removal of determination about suit abatement) month in which the corresponding form moves is specified. If the form is represented for the first time after opening of proceeedings, in the respective field month in which the corresponding form moves is specified;

the field "Judge" contains surname, name, middle name of the judge who performs proceeedings about bankruptcy (insolvency);

the field "Date" and other fields containing "date" data are filled in format dd.mm. gggg., where dd - day of month, mm - month, gggg - year (for example, 11.11. 2020). Day of month and month are specified by two figures. If day of month or month contains one figure, before it zero is put down (for example, 01.01. 2020);

field "Name". Some forms of obligatory data are had the field containing the name of the legal entity - the debtor, the creditor or the investor. The name of the legal entity shall correspond precisely to the name which is used in registration documents of the legal entity or in official documents of court;

in the field "Number and Date of Record about Carrying Out State Registration (for Physical Persons Entrepreneurs)" the corresponding number and date of record about carrying out state registration of physical person entrepreneur in the Unified State Register of Legal Entities and physical persons entrepreneurs and public forming are specified;

in the field "Unique Number of Entry in the Unified State Demographic Register (UNZR)" the corresponding number is specified in case of availability;

when filling the field "Area" the official (commonly accepted) name of the area is specified (for example, Kiev, Rivne, Ivano-Frankivsk). The field is filled if object is located in the settlement of regional and district value;

during filling of the field "Area" the official (commonly accepted) name of the area is specified (for example, Kalinovsky, Melitopol, Konotop). The field is filled if object is located in the settlement of district subordination;

during filling of the field "Settlement" the name of the settlement is specified (the cities, sat down and so forth);

during filling of fields where are entered surname, the name, middle name, surname, name, middle name are specified as they are specified in official documents of court or other official documents;

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