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
1. This Provision determines the bases, conditions, the size, procedure and payment due dates of remunerations to the interim (anti-recessionary) manager (further – the managing director) 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 in the protective period is paid to the managing director in the amount of 15 basic velichin*.
4. The main remuneration in bankruptcy proceedings, sanitation is paid managing monthly in the amount of, determined according to Item 5 of this provision.
5. The amount of the main remuneration in bankruptcy proceedings, sanitation is calculated by multiplication of the average salary on the organization ** concerning which the court considering economic cases (further – court), initiates insolvency proceedings, on adjusting factor.
______________________________
* For the purposes of this Item the size of basic size established the last day of month for which payment of the main remuneration to the managing director is made is applied.
** For the purposes of this Item the average salary on the organization in the month preceding month for which payment of the main remuneration to the managing director is made is applied.
6. The value of adjusting factor equal 4 is applied to determination of the amount of the main remuneration in bankruptcy proceedings, sanitation.
The adjusting factor can be reviewed by the state body which approved the plan of sanitation of the debtor, and concerning the debtor, not being the state organization (from shares of the state), proceeedings about economic insolvency (bankruptcy) of which are initiated before entry into force of the Law of the Republic of Belarus "About insolvency settlement", – local executive and administrative organ in the location of such organization (further – executive committee).
7. Review of adjusting factor is performed at the initiative of the state body which approved the plan of sanitation of the debtor, executive committee or for the petition of the managing director in the state body which approved the plan of sanitation of the debtor, executive committee for analysis results of the report of the managing director on the activities. Such review is performed not more often than once within calendar year.
In case of review of adjusting factor its value can be established to 6 inclusive, but values of the adjusting factor established in part one of Item 6 of this provision are not lower.
Following the results of review of adjusting factor the state body which approved the plan of sanitation of the debtor, executive committee send the managing director the letter signed by the head (authorized by it the deputy manager):
about increase (reduction) in adjusting factor – in case of review at the initiative of the state body which approved the plan of sanitation of the debtor, executive committee;
about approval (nonagreement) of change of adjusting factor – in case of review according to the petition of the managing director.
The managing director in writing notifies members of the committee of creditors of the debtor on review of adjusting factor, and in case of its absence – the debtor's creditors, and also Department on sanitation and bankruptcy of the Ministry of Economics with appendix of the corresponding letter of the state body which approved the plan of sanitation of the debtor, executive committee.
The reviewed value of adjusting factor is effective from the 1st following after month of registration according to the legislation in the field of archiving and clerical work of the outgoing letter of state body, which approved the plan of sanitation of the debtor, executive committee about review of adjusting factor.
8. Remuneration following the results of insolvency matter is paid to the managing director in the amount of twenty average salaries on the organization * concerning which the court initiates insolvency proceedings, in case of accomplishment of at the same time following conditions:
effective economic (economic) activity of the debtor is provided and its solvency is recovered;
completely also the actions provided by the plan of sanitation of the debtor are timely executed;
50 and more percent of requirements of the creditors included in the register of requirements of creditors are satisfied.
9. The remuneration following the results of insolvency matter specified in Item 8 of this provision is not paid to the managing director in case of pronouncement of the decision by court:
about opening of liquidating production (in proceeedings about economic insolvency (bankruptcy) of the debtor);
about sanitation completion, recognition of the debtor – the legal entity the bankrupt and opening of liquidating production (in insolvency proceedings of the debtor).
10. The main remuneration in the protective period is paid to the managing director in the amount of 15 basic sizes **.
11. The main remuneration in bankruptcy proceedings, liquidating production is paid monthly managing in the amount of 30 basic sizes **.
12. In liquidating production of creditors by meeting (committee) by results of consideration of the report of the managing director on the activities the decision on payment to the managing director not more often than once a quarter at the expense of means of the debtor in addition to the main remuneration of the sum of money which is not exceeding 45 basic sizes *** can be made. The specified amount is paid in the quarter following quarter in which such decision is made.
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