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Ministry of Justice of Ukraine

September 10, 2020

No. 872/35155

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of September 10, 2020 No. 3105/5

About approval of the Procedure for carrying out the analysis of financial and economic condition of subjects of managing concerning availability of signs of dummy bankruptcy, bringing to bankruptcy, concealment of resistant insolvency, illegal actions in case of bankruptcy

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 the subitem 45 of Item 4, 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, I ORDER the eighth:

1. Approve the Procedure for carrying out the analysis of financial and economic condition of subjects of managing concerning availability of signs of dummy bankruptcy, bringing to bankruptcy, concealment of resistant insolvency, illegal actions in case of bankruptcy which is applied.

2. Declare invalid the order of the Ministry of Justice of Ukraine of February 26, 2013 No. 327/5 "About approval of the Procedure for carrying out the analysis of financial and economic condition of subjects of managing of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent, and preparation on requests of court, prosecutor's office or other authorized body of the conclusions about availability of signs of dummy bankruptcy, bringing to bankruptcy, concealment of resistant insolvency, illegal actions in case of bankruptcy", registered in the Ministry of Justice of Ukraine on February 27, 2013 for No. 331/22863.

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

5. 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 September 10, 2020, No. 3105/5

Procedure for carrying out the analysis of financial and economic condition of subjects of managing concerning availability of signs of dummy bankruptcy, bringing to bankruptcy, concealment of resistant insolvency, illegal actions in case of bankruptcy

1. The analysis of financial and economic condition of subjects of managing concerning availability of signs of dummy bankruptcy, bringing to bankruptcy, concealment of resistant insolvency, illegal actions in case of bankruptcy (further - the Analysis) is carried out according to the Methodical recommendations concerning identification of signs of insolvency of the company and signs of actions for concealment of bankruptcy, dummy bankruptcy or bringing to bankruptcy approved by the order of the Ministry of Economics of Ukraine of January 19, 2006 No. 14 (to editions of the order of the Ministry of Economics of Ukraine of October 26, 2010 No. 1361) (further - Methodical recommendations).

The arbitration manager appointed by court the manager of property carries out the Analysis to carrying out the first creditor meeting and brings analysis results into economic court together with the documents confirming the relevant information.

2. The Ministry of Justice of Ukraine will organize carrying out the Analysis of rather state companies and companies in which authorized capital the share of state-owned property exceeds 50 percent, by implementation by structural division of Ministry of Justice which provides realization of powers of state body concerning bankruptcy (further - structural division), or interregional managements of the Ministry of Justice of Ukraine (further - territorial authorities) at the request of Ministry of Justice.

Carrying out the Analysis by state body concerning bankruptcy does not exempt the arbitration manager from obligation of carrying out the Analysis of the same subject of managing.

3. The Ministry of Justice of Ukraine constitutes the conclusions about availability of signs of dummy bankruptcy, bringing to bankruptcy, concealment of resistant insolvency, illegal actions in case of bankruptcy (further - the Conclusion) by their preparation by structural division or territorial authority at the request of Ministry of Justice.

4. The structural division or territorial authority carries out the Analysis or constitutes the Conclusions on requests of economic court in which production there is case on bankruptcy, prosecutor's office or other body which performs criminal proceedings, the other authorized bodies having the right to constitute protocols on administrative offenses in case of dummy bankruptcy, concealment of resistant insolvency, illegal actions in case of bankruptcy, and also authorized body of management of state-owned property in case of request concerning the state company or the company in which authorized capital the share of state-owned property exceeds 50 percent (further - the subject of request).

The economic court in which production there is case on bankruptcy can oblige the resolution state body concerning bankruptcy to carry out the Analysis or to constitute the Conclusion.

The request (resolution) on carrying out the Analysis or creation of the Conclusions goes to Ministry of Justice.

Copies necessary for its document posting according to Methodical recommendations are attached to request about carrying out the Analysis by the subject of request.

Copies of the Analysis and documents based on which the Analysis is carried out are attached to request concerning creation of the Conclusions by the subject of request.

Subjects of request can provide in addition explanations and information, and also copies of other documents, except determined by paragraphs the fourth and fifth this Item.

5. In case of lack of copies of the documents determined by paragraphs the fourth and fifth item 4 of this Procedure and also in case of receipt of the resolution of economic court, the structural division or territorial authority makes inquiry signed by the head of the structural unit or territorial authority to the arbitration manager and/or the debtor about provision of copies of the documents necessary for carrying out the Analysis or creation of the Conclusions. The request of structural division or territorial authority is handed to the arbitration manager personally or to his representative by proxy or sent to the arbitration manager to the e-mail address and the mailing on the location of office (office) provided to arbitration managers in forms of obligatory data (information).

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