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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 26, 2023 No. 628

About payment of remunerations to the interim (anti-recessionary) manager from money of the debtor

Based on subitem 1.6 of Item 1 of Article 12 and Item 2 of article 54 of the Law of the Republic of Belarus of December 13, 2022 "About insolvency settlement" the Council of Ministers of the Republic of Belarus DECIDES: No. 227-Z

1. Approve Regulations on payment of remunerations to the interim (anti-recessionary) manager from money of the debtor it (is applied).

2. This resolution becomes effective since October 1, 2023.

Prime Minister of the Republic of Belarus

R. Golovchenko

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 26, 2023 No. 628

Regulations on payment of remunerations to the interim (anti-recessionary) manager from money of the debtor

1. This Provision determines the bases, conditions, the size, procedure and payment due dates of remunerations to the interim (anti-recessionary) manager (further if other is not established, – the managing director) in insolvency proceedings or bankruptcy from money of the debtor.

2. For the purposes of this provision terms in the values determined by the Law of the Republic of Belarus "About insolvency settlement" are used.

3. The main remuneration is paid to the managing director from money of the debtor monthly:

in the protective period in the amount of 15 basic sizes *;

in bankruptcy proceedings, sanitation, liquidating production in the amount of 30 basic sizes.

In sanitation by results of consideration of the report of the managing director on the activities of creditors by meeting (committee) the decision on one-time increase in the main remuneration specified in paragraph three of part one of this Item at 45 basic sizes can be made. The specified amount is paid in the quarter following quarter for which this report is submitted.

In liquidating production by results of consideration of the report managing following the results of liquidating production of creditors by meeting (committee) the decision on one-time increase in the main remuneration specified in paragraph three of part one of this Item at 45 basic sizes can be made. The specified amount is paid after removal of determination of court about completion of liquidating production about day of introduction of record about the debtor's exception of the Single state register of legal entities and individual entrepreneurs.

In case of accomplishment by the managing director of the obligations incomplete month the main remuneration is paid proceeding from the size established in part one of this Item divided on the number of calendar days in month for which charge of the main remuneration is made, and increased on the number of calendar days of this month in which the managing director carried out the obligations.

In case of suspension of insolvency proceedings or bankruptcy by a court decision during the entire period of suspension remuneration in the amount of 70 percent of the main remuneration established in part one of this Item is paid to the managing director.

______________________________

* For the purposes of this Item the size of basic size established by Council of Ministers of the Republic of Belarus in month for which payment of the main remuneration to the managing director is made is applied.

4. Payment of the main remuneration is made from money of the debtor, except for the case provided in part three of this Item by its transfer from the current (settlement) bank account of the debtor for the current (settlement) bank account of the managing director in the month following after month in which the managing director fulfilled the duties.

Payment of the main remuneration for the last month in which the managing director fulfilled the duties is made:

after removal of determination by court about suit abatement about insolvency or bankruptcy – no later than three working days from the date of the introduction of such determination in legal force;

after removal of determination by court about completion of liquidating production – about day of introduction of record about the debtor's exception of the Single state register of legal entities and individual entrepreneurs.

Payment of the main remuneration in case of removal of determination by court about suit abatement about insolvency or bankruptcy on the bases established in subitems 1.1-1. 3, 1.6 and 1.7 Items 1 of article 39 of the Law of the Republic of Belarus "About insolvency settlement", are made at the expense of the money transferred into the current (settlement) bank account of the managing director in case of filing of application of the debtor about bankruptcy, statements of the creditor for bankruptcy.

In case of appointment as court in proceeedings about bankruptcy of the new managing director the managing director whose powers are stopped lists balance in cash, transferred into its current (settlement) bank account in case of filing of application of the debtor about bankruptcy, statements of the creditor for bankruptcy, on the current (settlement) bank account of the new managing director no later than three working days from the date of its appointment.

5. Remuneration following the results of insolvency matter or bankruptcy (further – following the results of case) is paid to the managing director in the amount of:

1500 basic sizes * if payroll number of workers for date of removal by court of determination about completion of sanitation and suit abatement about insolvency makes more than 250 people;

1000 basic sizes if payroll number of workers for date of removal by court of determination about completion of sanitation and suit abatement about insolvency makes more than 100 people;

700 basic sizes in case of ensuring effective economic (economic) activity of the debtor and recovery of its solvency;

500 basic sizes in case of full and timely implementation of the actions provided by the plan of sanitation of the debtor – the legal entity if the term of sanitation constituted no more than 36 months;

350 basic sizes in case of full and timely implementation of the actions provided by the liquidation plan of the debtor – the legal entity or the plan of the termination of activities of the debtor – the individual entrepreneur if the term of liquidating production constituted no more than nine months;

Percent 0,05 from the amount of the requirements of creditors met out of turn ** by money transfer on the current (settlement) bank accounts of creditors, the amounts and payments specified in paragraph eight of this part except for paid out of turn;

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