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Ministry of Justice of Ukraine

August 17, 2020

No. 793/35076

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of August 17, 2020 No. 2778/5

About approval of Requirements to form and procedure for maintaining the register of requirements of creditors in cases on bankruptcy (insolvency)

According to the paragraph of part one of article 3 of the Code of Ukraine on insolvency proceedings, the subitem of 1 Item 3, 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 02, 2014 No. 228, I ORDER the twelfth:

1. Approve Requirements to form and procedure for maintaining the register of requirements of creditors in cases on bankruptcy (insolvency) which are applied.

2. 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".

3. This order becomes effective from the date of its official publication.

4. To impose control of execution of this order on the deputy minister concerning the European integration Kolomiyets V.

Minister

D. Malyuska

Approved by the Order of the Ministry of Justice of Ukraine of August 17, 2020 No. 2778/5

Requirements to form and procedure for maintaining the register of requirements of creditors in cases on bankruptcy (insolvency)

I. General provisions

1. These Requirements determine procedure for maintaining the register of requirements of creditors in cases on bankruptcy (insolvency) (further - the Register) and requirements to the Register form, organizational approaches in case of creation, maintaining and modification of the Register on all production stages of case on bankruptcy (insolvency).

2. The register is the single unified system of records about creditors of the debtor and their requirements. Record is understood as entering into the Register of information about the creditor and requirements of the creditor.

3. The register is kept in electronic form in the established form (appendix 1).

If the restructuring plan of debts does not provide participation of the managing director of restructuring in accomplishment of such plan, the debtor - to physical person is recommended to keep the Register in the form established by these Requirements.

The arbitration manager and the debtor - physical person provide maintenance of the Register in urgent condition.

4. The arbitration manager provides submission of updated information from the Register in the Unified register of debtors concerning whom proceeedings about bankruptcy (insolvency), according to the Procedure for submission of obligatory data (information) by arbitration managers approved by the order of the Ministry of Justice of Ukraine of February 18, 2020 No. 593/5, registered in the Ministry of Justice of Ukraine on February 19, 2020 for No. 187/34470 are open.

5. Maintaining the Register is performed in state language.

6. From the Register competitive and mortgage creditors, investors, and also the current creditors (have access to data from the moment of adoption by economic court of the resolution on recognition of the debtor by the bankrupt and opening of the liquidating procedure or introduction of the procedure of repayment of debts of the debtor) according to the Procedure for functioning of the automated Bankruptcy and Insolvency system approved by the order of the Ministry of Justice of Ukraine of February 18, 2020 No. 594/5, registered in the Ministry of Justice of Ukraine on February 19, 2020 for No. 186/34469.

The arbitration manager shall provide the Register to person who showed intention at the same time to extinguish all requirements of creditors of the debtor.

7. The arbitration manager and the debtor - physical person bear responsibility for reliability of the data entered in the Register, and compliance of such data to documents based on which they are introduced.

II. Register form

1. The register consists of the description of information on the case of bankruptcy (insolvency) and three Sections. Data on property of the debtor which are pledge subject according to the state register (appendix 2) (further - Data on property) are separately entered in the Register.

2. The description of information on the case of bankruptcy (insolvency) contains data:

the name of the debtor for legal entities or surname, name, middle name (in the presence) for physical persons and physical persons entrepreneurs;

the location, identification code of the debtor for legal entities or the place of residence/stay, registration number of accounting card of the taxpayer or series and number passport/passport number in the form of card (ID) (for physical persons which because of the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring body and have mark in the passport), unique number of entry in the Unified state demographic register (in the presence) the debtor for physical persons and physical persons - entrepreneurs;

date of entering of the last changes into the Register;

file number about bankruptcy (insolvency);

the name of economic court in which production there is case on bankruptcy (insolvency);

date of determination about opening of proceeedings about bankruptcy (insolvency);

surname, name, middle name (in the presence) the arbitration manager who performs powers in the case of bankruptcy (insolvency), number and date of issue of the certificate on the right to implementation of activities of the arbitration manager;

date of determination (resolution) of economic court on appointment of the arbitration manager in the case of bankruptcy (insolvency) the manager of property, the managing director of sanitation, the liquidator managing restructuring, the managing director of realization.

3. The Section of the Register of "The data on creditors" contains data:

name or surname, name, middle name (in the presence) each creditor;

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